An unusual situation re VAT

An unusual situation re VAT

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Discussion

blindswelledrat

Original Poster:

25,257 posts

232 months

Wednesday 18th January 2017
quotequote all
I have a VAT registered company and an individual/sole trader owes the company some money, which includes 20% VAT.
This individual is not VAT registered and is doing some work for us.
Is there anything wrong with crediting him instead of payment for the work? The benefit to him being that he will save 20% which is the VAT element of our invoices.

CaptainSlow

13,179 posts

212 months

Wednesday 18th January 2017
quotequote all
blindswelledrat said:
I have a VAT registered company and an individual/sole trader owes the company some money, which includes 20% VAT.
This individual is not VAT registered and is doing some work for us.
Is there anything wrong with crediting him instead of payment for the work? The benefit to him being that he will save 20% which is the VAT element of our invoices.
Yes there is something wrong..it's not allowed

Eric Mc

121,944 posts

265 months

Wednesday 18th January 2017
quotequote all
Of course you CAN credit him by getting him to do work for you for the same value as the debt. But it must be accounted for correctly and the VAT will still need to be paid over to HMRC.

blindswelledrat

Original Poster:

25,257 posts

232 months

Wednesday 18th January 2017
quotequote all
What am I missing. If I issued a credit to him, it would be for X plus VAT.
Or is your point that I am not allowed to issue a credit note of X plus VAT ?

CaptainSlow

13,179 posts

212 months

Wednesday 18th January 2017
quotequote all
You can credit him in terms of asking him to invoice you for the work he has done. You can't raise a credit note against your sale to him to reflect the work he has done.

eta

on second thoughts...removed

Edited by CaptainSlow on Wednesday 18th January 16:53


Edited by CaptainSlow on Wednesday 18th January 17:02

CaptainSlow

13,179 posts

212 months

Wednesday 18th January 2017
quotequote all
blindswelledrat said:
What am I missing. If I issued a credit to him, it would be for X plus VAT.
Or is your point that I am not allowed to issue a credit note of X plus VAT ?
You can't raise a credit note.

In your OP you stated that he would save the VAT on your charge, consider who would be losing out and then you'll understand why not.

blindswelledrat

Original Poster:

25,257 posts

232 months

Wednesday 18th January 2017
quotequote all
I assumed that would be the ultimate answer for the reason you implied but I cant quite understand why not.

All the time we issue credit notes as a company in the course of business for various reasons but largely 'goodwill' but for whatever reason we are withdrawing our invoice as such.
Would your answer be the same if we had agreed prior to any invoicing to simply exchange services for free without any invoicing?

CaptainSlow

13,179 posts

212 months

Wednesday 18th January 2017
quotequote all
blindswelledrat said:
I assumed that would be the ultimate answer for the reason you implied but I cant quite understand why not.

All the time we issue credit notes as a company in the course of business for various reasons but largely 'goodwill' but for whatever reason we are withdrawing our invoice as such.
Would your answer be the same if we had agreed prior to any invoicing to simply exchange services for free without any invoicing?
Netting off is a pretty complex area, I don't have enough knowledge to answer more detailed questions.

I would however suggest that the what you describe would be considered tax evasion for VAT and also potentially other taxes (Income and/or Corp Tax) depending on the circumstances.

CaptainCosworth

5,866 posts

93 months

Wednesday 18th January 2017
quotequote all
CaptainSlow said:
blindswelledrat said:
I assumed that would be the ultimate answer for the reason you implied but I cant quite understand why not.

All the time we issue credit notes as a company in the course of business for various reasons but largely 'goodwill' but for whatever reason we are withdrawing our invoice as such.
Would your answer be the same if we had agreed prior to any invoicing to simply exchange services for free without any invoicing?
Netting off is a pretty complex area, I don't have enough knowledge to answer more detailed questions.

I would however suggest that the what you describe would be considered tax evasion for VAT and also potentially other taxes (Income and/or Corp Tax) depending on the circumstances.
yes

Mandat

3,884 posts

238 months

Wednesday 18th January 2017
quotequote all
The gist of the various responses is that you could do what you are suggesting, but it would not be lawfull as it would be evading the true amount of VAT due to HMRC.

Whether or not HMRC would find out about this, presumably one off, arrangement is a different question altogether.

TooMany2cvs

29,008 posts

126 months

Wednesday 18th January 2017
quotequote all
blindswelledrat said:
I assumed that would be the ultimate answer for the reason you implied but I cant quite understand why not.

All the time we issue credit notes as a company in the course of business for various reasons but largely 'goodwill' but for whatever reason we are withdrawing our invoice as such.
Would your answer be the same if we had agreed prior to any invoicing to simply exchange services for free without any invoicing?
No, because there'd be no invoice to have a VAT element.

As it is, you're invoicing him for <say> £1,200 - which is made of £1,000 + £200 VAT. The customer pays £1,200 whether they're VAT reg or not, and £200 goes to your VAT account. He's invoicing you for £1,000 - which is £1,000 + £0 VAT. You pay £1,000, and "take out" £0 from your VAT account. So your VAT account should have that £200 in it, but if you try to just balance the £1,000 against each other, it's £200 short. If neither of you invoice the other, then there's no £1,000 invoice to have £200 VAT on it. You've just done a freebie for somebody, in return for them doing a freebie for you.

sgrimshaw

7,323 posts

250 months

Thursday 19th January 2017
quotequote all
Just to throw this one into the mix .....

What if you decide to treat the debts between you as a series of bad debts?

The debt can be written off, along with the VAT ... so the VAT man doesn't get anything and nor does the OP.

You in turn refuse to pay his invoice and he in turn has to write off his debt with you.


Would this be considered VAT evasion?

Is it specifically not allowed?


H4r1s

63 posts

135 months

Thursday 19th January 2017
quotequote all
sgrimshaw said:
Just to throw this one into the mix .....
Would this be considered VAT evasion?
Yes.

As mentioned above, likelihood of the VAT man finding out for the rare instance are low. You'd still be breaking the law.

mel

10,168 posts

275 months

Thursday 19th January 2017
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sgrimshaw

7,323 posts

250 months

Thursday 19th January 2017
quotequote all
mel said:
Thanks for that. I searched but couldn't find anything.

blindswelledrat

Original Poster:

25,257 posts

232 months

Thursday 19th January 2017
quotequote all
Cheers all. Pretty categorical and the only point to it was to save him a couple of hundred quid. Definitely not relevant by the sound of it.