Am I legally entitled to a tax invoice?

Hi All,

I recently removed carpet and got floating laminates installed by a local hardwood store. I have paid 60% as progress payment. Now when he has finished the work, I asked him to send a detailed invoice mentioning the product details of floor boards and underlay (like product code, name, thickness etc.). He sent a basic invoice but did not mention anything about the underlay. I am suspicious that he might not have installed the underlay promised.

1. Am I legally entitled to ask him for a tax invoice with product details?
2. Since he has provided the basic tax invoice, he is not responding to my emails. Can he take any legal action if I don't pay him the rest, although he has not provided me the invoice to my satisfaction.
3. Where can I raise this issue? Is Fair Trading NSW the place?

I am so particular for the underlay details because I live in an apartment building and if need be, I have no proof to show what underlay there is.

Thanks.

 

Maybe tell them the final 40% payment is ready,and depending if you paid the first payment in cash,and explain you want a simple break down in materials on the receipt for the ATO ..

 

I think there are two things you want to keep an eye on here.

Firstly yes, request an invoice.

Secondly, are you able to get a flat screwdriver or set of pliers to lift the carpet and get a visual on the underlay beneath?

 

I paid the 60% through EFT. More than the breakdown, I need him to mention the details of the underlay in the invoice. I have no written proof to show the Strata that such and such products were installed.

He did send across an invoice but with no product details. I have requested him to send a more detailed invoice. It's been more than a week now and he hasn't replied.

Is he legally obligated to send me a detailed invoice for final payment? I'm just asking him to mention the products he has installed.

Thanks.

 

Yes, you have to be careful with floating timber floors in an apartment.
If you specified an underlay, then request it be shown on the invoice as you require it as proof to comply with strata !
Race out and have a look in the bin for any scraps of underlay maybe ???
Otherwise your option is to pull up a section of timber flooring to "check" the underlay..........
I wouldnt pay until i have confirmation, though "aparently there is a time frame on requesting a detailed invoice (not legal advice, and by not paying ive had it go wrong before)
If its been over a week now, chances are the bins have been emptied, if he isnt prepared to specify in writting the underlay used "he may well have installed a cheaper product", you likely have no choice but to lift a section to comfirm the underlay by taking photos.........
You will have proof then for strata, and if he has done a dodgy, proof for an application to Fair Trading

 

Only a person/company registered for GST can issue a Tax invoice.

 

Even if I rip out a section, how would I know which underlay he installed? 2mm or 1mm? I asked him to install the premium range. If it was on some legal document, I don't have to worry.

There has to be some legal document that he provides with the product details? An ABN lookup did show that he is not registered for GST. You just can't pay for something, then get something else and have no documented proof of it.

 

What does your quote say?

 

It's only been just over a week!

I wouldn't be worrying that much at this point- or pulling up the floorboards. You will create damage!

Just keep trying to make contact. It is very common for invoices to be summarised and he might just be busy.

Why not just visit the flooring store in person?

 

Happens every day.

 

The quote doesn't say anything. He showed me the product and we verbally agreed to it.

He used to be pretty quick to respond to my emails. After giving me the basic invoice, he has stopped replying to my emails. And it kind of confirms that he installed a cheaper underlay. Can he take action against me for not paying? Is there a time-limit before which I have to pay the invoice?

I've recently moved to Australia and dealing with small to medium businesses is a pain in every country. I understand that businesses need to avoid tax but avoid taxes legally, not by installing an inferior product.

 

How are they avoiding tax?

Business don't need to avoid tax, but they try to reduce it as much as possible. If this person is not declaring the income they will receive from you then they may be avoiding tax but how do you know the intention of another person?

If they install an inferior product this has nothing to do with tax. They can only claim as an expense things they have an invoice for so they may make more profit.

If they have installed a product other than agreed on then they have breached the terms of your contract.

it sounds like they have given you an invoice but you are not happy with the details on it.

So you can ask him for an invocie with more details but he doesn't have to give you one.

 

My apologies I was thinking we were talking about carpet rather than floating floors. A bit more of a hassle to pull up and look at the underlay than carpet.

 

It does make it hard to come to any agreement without a written quote in place prior to starting the job....

Becomes "you said/He said"

 

The matter is likely dealt with under state consumer law. Speak to your fair trading or whatever who also likely handle trade licensing.

I see no mischief in not providing a detailed invoice but it would be good practice especially where a trademans warranty applies under consumer law to avoid debate about what was supplied and what was performed but as far as I know there is no "law" that otherwise prescribes what must be contained other than for purposes of GST which then becomes a ATO requirement to comply and not a consumer law obligation. Both may co-incide and the GST rules may be more onerous than consumer law for some matters and at other times consumer law may be more onerous (eg showing a serial number for a installed device for warranty for example) .

The key issue you have available is withholding payment until an acceptable invoice/receipt/tax invoice is provided. Once paid I would think it may be difficult to get a replacement especially if they think your request is not reasonable.

Re what was installed - caveat emptor. Inspect before payment. You cant accuse them of substitution without evidence just because you didnt check. We had a AC unit installed in our office that we found 2 years later was not what was requested or quoted. It was a far cheaper imported inferiour spec with a 2 year warranty not a 5 year warranty. Tribunal ordered a full refund and found it was not supplied according to the quote / sample etc. We only found out when unit needed a part and it was wrong model v's what we advised AC techies.

 

Lesson for the future - get a detailed written quote specifying exactly what is being supplied. Without that you are in a weak position as it is now simply your word against his if an inadequate underlay has been installed.
Marg

 

Just don't pay the rest untill they send a detailed invoice

 

And if he did get a detailed quote in writing specifying the highest quality underlay how does this prevent the situation where the contractor then installs the cheap underlay? A piece of paper will not stop a dodgy contractor from doing the wrong thing.

 

Quite true, but it will be proof that the contractor did not supply as quoted and invoiced, which could most likely be argued successfully in the small claims court. Without such evidence you have little chance of redress.
Marg

 

And it will provide proof for the Owners Corp. which I think was one of the issues?

 

After pestering him for a week, he finally provided the invoice today. Not exactly what I wanted but very close enough. Already made him do 3-4 revisions to the invoice, so I don't want to bother him any more.

Thanks everyone for the help. I was sure on what I wanted, just wasn't sure if that was legally my right. I at least have a documented proof of what was installed in my house and that's what I wanted. Lesson learnt: get a proper quote with info about all materials.

Thanks.