VAT Correction

Original Post:

whatvat

Free Member
Nov 2, 2022
2
0
Looking for some advice before I act on this, please! I'm in a VAT situation that I'm finding a little confusing.

I started contracting for a company X earlier this year and first invoiced them during the Apr-Jun VAT quarter. At the time, Company X told me they didn't have a UK office, and to invoice them in the US. I checked rules on VAT and it doesn't apply, so I never charged VAT (B2B services, place of supply in the US).

I did a lot more work for this company during the Jul-Sep quarter so my net sales were up but my VAT obviously wasn't. This prompted my accountant to query this while preparing my Jul-Sep VAT return. I explained that much of that income was billed to the US and my accountant asked me to confirm that I'm paid from a US bank account.

Company X told me that they don't know the rules around VAT, they just leave the contractors to deal with that, although they do have other UK contractors who do charge VAT.

I've now heard from someone else at company X who has apologised because they mistakenly told me to invoice company X Inc in the US, while paying me from company X Ltd which is registered in the UK (and has been the entire time). Their suggestion is that I send a credit for the total amount I've billed them to company X Inc, then re-issue invoices to company X Ltd with VAT on top.

This suggestion seemed to confuse my accountant. He seemed to think I should just invoice them for the VAT amount they owe. He didn't understand the reason for issuing a credit then re-issuing invoices, when all that should be paid is the difference. My accountant's suggestion was to go through the 12-or-so invoices for Jul-Sep, issue individual credits for each one, then re-issue the invoices with VAT added on. He says he will then submit my Jul-Sep VAT return, I'll pay the bill, then I'll be reimbursed when company X Ltd make those payments. This is more work but I don't mind doing it if I need to. My main issue with this is that the invoices from Apr-Jun won't be taken into account in the Jul-Sep VAT return, and I'm potentially putting myself on the line for a fine for filing an incorrect Apr-Jun VAT return.

I'm not a VAT or tax expert at all, but I feel like my accountant is over-complicating things here. I would argue that my Jul-Sep VAT return can be submitted as-is. From my perspective it's in order - I've billed a US company during that quarter, so there's no VAT due on those invoices. The discrepancy seems to fall firmly with company X where company X Ltd have paid invoices for company X Inc. I don't think this is an issue with my accounting/VAT.

To correct the VAT, if I issue a credit for the total amount to company X Inc then that effectively cancels out the invoices to company X Inc in my records - I'm owed nothing by them, they owe me nothing. If I then invoice company X Ltd and include VAT, and company X Ltd pay me the difference (the VAT), then my VAT return should cover everything and bring me fully up to date? I think the bit that's confusing me here is that I'll credit company X Inc, then invoice company X Ltd who will then effectively owe me the full amount + VAT despite having already paid me the full amount - VAT. I think this is the same discrepancy as before and needs correcting on company X's side, but is it something I need to be concerned about?

Am I barking up the wrong tree here, or is my accountant right to suggest altering all of my existing invoices to company X prior to submitting my Jul-Sep VAT return? If that's the right approach, what about the Apr-Jun VAT return?

Thanks!
 

IanSuth

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Business Listing
Apr 1, 2021
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I think your plan makes more sense (not least as X is a US entity and X Ltd is a different UK entity) they are not the same company from a legal viewpoint so you need to invoice the correct company with the correct VAT on the invoice - you cant just send an invoice for the VAT on an invoice sent to a different firm.

HOWEVER

I wouldn't refund X until you have the payment from X ltd in case they try and pull a fast one and leave you with nothing

Tax returns - no idea. I am just talking from a common sense viewpoint not as a tax accountant
 
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MyAccountantOnline

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Sep 24, 2008
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Have you/your accountant looked at the turnover and acsertained when your company should have registered for VAT?
 
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whatvat

Free Member
Nov 2, 2022
2
0
Who are you contracted to? It doesn't matter who paid you, that is a matter for your customer. It matters what work you are doing & who you are supplying to.
You're right, thanks! I definitely got myself confused and lost sight of the facts as this situation unfolded. The contract is with the UK Ltd, therefore VAT should have been charged. Fortunately, it turns out the first invoice wasn't actually generated until the 1st July, placing everything in the same VAT quarter. All invoices to the US company have been voided and replaced with invoices to the UK company, with VAT added on.

HOWEVER

I wouldn't refund X until you have the payment from X ltd in case they try and pull a fast one and leave you with nothing
Absolutely. Fortunately I don't think any refunds need to happen here - the US Co didn't pay me, so I don't owe them anything, and the UK Co should have paid VAT. I think the situation is resolved now anyhow!

Have you/your accountant looked at the turnover and acsertained when your company should have registered for VAT?
My company is registered for VAT and has always charged VAT where applicable. In this instance, if the contract was between my company and the US Co then VAT wouldn't be applicable, but the contract is with the UK Co so VAT should have been charged.
 
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MyAccountantOnline

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Sep 24, 2008
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MyAccountantOnline

Business Member
Sep 24, 2008
15,220
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myaccountantonline.co.uk
As an aside, HMRC are content for you to correct a previous period VAT return on the subsequent return up to, I believe, £3,000.

It's £10,000
 
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MrGerbil

Free Member
  • 5
  • Jul 17, 2020
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    9
    Looking for some advice before I act on this, please! I'm in a VAT situation that I'm finding a little confusing.

    I started contracting for a company X earlier this year and first invoiced them during the Apr-Jun VAT quarter. At the time, Company X told me they didn't have a UK office, and to invoice them in the US. I checked rules on VAT and it doesn't apply, so I never charged VAT (B2B services, place of supply in the US).

    I did a lot more work for this company during the Jul-Sep quarter so my net sales were up but my VAT obviously wasn't. This prompted my accountant to query this while preparing my Jul-Sep VAT return. I explained that much of that income was billed to the US and my accountant asked me to confirm that I'm paid from a US bank account.

    Company X told me that they don't know the rules around VAT, they just leave the contractors to deal with that, although they do have other UK contractors who do charge VAT.

    I've now heard from someone else at company X who has apologised because they mistakenly told me to invoice company X Inc in the US, while paying me from company X Ltd which is registered in the UK (and has been the entire time). Their suggestion is that I send a credit for the total amount I've billed them to company X Inc, then re-issue invoices to company X Ltd with VAT on top.

    This suggestion seemed to confuse my accountant. He seemed to think I should just invoice them for the VAT amount they owe. He didn't understand the reason for issuing a credit then re-issuing invoices, when all that should be paid is the difference. My accountant's suggestion was to go through the 12-or-so invoices for Jul-Sep, issue individual credits for each one, then re-issue the invoices with VAT added on. He says he will then submit my Jul-Sep VAT return, I'll pay the bill, then I'll be reimbursed when company X Ltd make those payments. This is more work but I don't mind doing it if I need to. My main issue with this is that the invoices from Apr-Jun won't be taken into account in the Jul-Sep VAT return, and I'm potentially putting myself on the line for a fine for filing an incorrect Apr-Jun VAT return.

    I'm not a VAT or tax expert at all, but I feel like my accountant is over-complicating things here. I would argue that my Jul-Sep VAT return can be submitted as-is. From my perspective it's in order - I've billed a US company during that quarter, so there's no VAT due on those invoices. The discrepancy seems to fall firmly with company X where company X Ltd have paid invoices for company X Inc. I don't think this is an issue with my accounting/VAT.

    To correct the VAT, if I issue a credit for the total amount to company X Inc then that effectively cancels out the invoices to company X Inc in my records - I'm owed nothing by them, they owe me nothing. If I then invoice company X Ltd and include VAT, and company X Ltd pay me the difference (the VAT), then my VAT return should cover everything and bring me fully up to date? I think the bit that's confusing me here is that I'll credit company X Inc, then invoice company X Ltd who will then effectively owe me the full amount + VAT despite having already paid me the full amount - VAT. I think this is the same discrepancy as before and needs correcting on company X's side, but is it something I need to be concerned about?

    Am I barking up the wrong tree here, or is my accountant right to suggest altering all of my existing invoices to company X prior to submitting my Jul-Sep VAT return? If that's the right approach, what about the Apr-Jun VAT return?

    Thanks!
    You have not addressed the key question. Which company is your contract with? X Inc, or X UK Ltd? It is not the case that anyone can pick or choose which company to invoice: you must invoice the company you had the contract with.
     
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