Accounting procedures and entries - Accounting for VAT elements in transactions

Learning Outcomes

This article explains the fundamental principles of Value Added Tax (VAT) as they apply to solicitors' accounts. It outlines the distinction between output and input tax, the treatment of disbursements using both the agency and principal methods, and the corresponding accounting entries. After reading this article, you should understand how to correctly account for VAT on professional fees and disbursements in compliance with the SRA Accounts Rules, enabling you to apply these principles to SQE1 assessment questions.

SQE1 Syllabus

For SQE1, you are required to understand the practical application of VAT within the context of solicitors' accounts. This includes identifying different types of tax, correctly recording VAT elements in transactions, and applying the rules for disbursements. Familiarity with these principles is critical for advising clients and ensuring firm compliance.

Your revision should focus on:

  • The distinction between output tax and input tax.
  • The conditions determining whether a payment is a disbursement for VAT purposes.
  • The accounting treatment and required entries for disbursements using the agency method.
  • The accounting treatment and required entries for disbursements using the principal method.
  • The implications of VAT registration for a law firm.
  • Calculating the VAT element on professional charges and certain disbursements.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. A firm pays counsel's fees on behalf of a client. The fee note is addressed to the firm. Can the firm treat this as a disbursement using the agency method for VAT purposes?
    1. Yes, always.
    2. No, never.
    3. Yes, but only if the client specifically instructs the firm to do so in writing.
    4. Yes, due to an HMRC concession, provided the firm amends the invoice to show the client's name.
  2. A firm pays a court fee of £150 for a client using money from the client bank account. Court fees are not subject to VAT. What are the correct accounting entries?
    1. DR Client Ledger Business Account £150; CR Cash Sheet Business Account £150
    2. DR Client Ledger Client Account £150; CR Cash Sheet Client Account £150
    3. DR Client Ledger Client Account £150; CR VAT Account £150
    4. DR VAT Account £150; CR Cash Sheet Client Account £150
  3. A firm pays a surveyor's fee of £500 + £100 VAT (£600 total). The invoice is addressed to the firm. The firm uses the principal method. What entry is made on the client ledger when the firm pays the invoice?
    1. DR Client Ledger Business Account £600
    2. DR Client Ledger Business Account £500
    3. DR Client Ledger Client Account £600
    4. CR Client Ledger Business Account £500

Introduction

Value Added Tax (VAT) is a tax applied to the supply of most goods and services in the UK. For law firms, understanding how to account for VAT is essential for compliance with HM Revenue & Customs (HMRC) regulations and the SRA Accounts Rules. This involves correctly identifying VAT elements in transactions, particularly concerning professional fees and disbursements paid on behalf of clients. This article details the key accounting procedures and entries required.

General Principles of VAT

VAT operates on the basis of output tax charged by businesses and input tax paid by businesses. Most law firms exceed the VAT registration threshold (£85,000 taxable turnover per annum as of 2023/24) and must register for VAT.

Key Term: Output Tax
The VAT charged by a VAT-registered business on the taxable supplies of goods or services it makes to its customers. Firms must account for this to HMRC.

Key Term: Input Tax
The VAT paid by a VAT-registered business on goods or services it purchases for business purposes. This can often be reclaimed from HMRC, offsetting the Output Tax liability.

Firms account to HMRC quarterly, paying the difference between the output tax collected and the input tax incurred. If input tax exceeds output tax, the firm can reclaim the difference from HMRC.

The standard rate of VAT is 20%, applicable to most legal services. Some supplies are zero-rated (e.g., books, most food) or exempt (e.g., insurance, postage stamps, most land transactions). A reduced rate of 5% applies in specific circumstances.

VAT on Professional Charges

When a VAT-registered firm issues a bill for its professional services (profit costs), it must charge VAT at the standard rate.

Key Term: Profit Costs
The fees charged by a law firm for the legal services provided to a client, excluding disbursements and VAT.

The accounting entries when issuing a bill for profit costs of £1,000 + VAT (£200) are:

  • DR Client Ledger Business Account £1,000 (Profit Costs)
  • DR Client Ledger Business Account £200 (VAT)
  • CR Profit Costs Ledger £1,000
  • CR HMRC VAT Ledger £200

Note that no entry is made in the Cash Sheet at this stage, as payment has not yet been received. When the client pays the bill (£1,200), the entries are:

  • DR Cash Sheet Business Account £1,200
  • CR Client Ledger Business Account £1,200

VAT on Disbursements

Disbursements are costs paid to third parties on behalf of a client. The VAT treatment depends on whether the firm acts as an agent or a principal in making the payment.

Key Term: Disbursement
A cost or expense paid (or to be paid) to a third party on behalf of a client or trust, for which the firm seeks reimbursement. Examples include court fees, counsel's fees, and search fees. Office overheads like postage or standard telephone calls are generally not treated as disbursements for VAT purposes.

Disbursements Not Subject to VAT

Some payments made on behalf of clients are for supplies that are exempt or outside the scope of VAT (e.g., court fees, Land Registry registration fees, Stamp Duty Land Tax).

When paying such a disbursement (e.g., £150 court fee), the firm simply records the payment. If paid from the client account (assuming sufficient funds):

  • DR Client Ledger Client Account £150
  • CR Cash Sheet Client Account £150

If paid from the business account (e.g., insufficient client funds):

  • DR Client Ledger Business Account £150
  • CR Cash Sheet Business Account £150

No VAT entries are needed as the supply itself is not subject to VAT.

Disbursements Subject to VAT

Where the disbursement involves a VAT element (e.g., expert witness fees, counsel's fees, surveyor fees, some search fees), the accounting treatment depends on whether the firm is acting as an agent or principal. This is determined primarily by whom the third-party invoice is addressed to.

Agency Method

This method applies when the third-party invoice is addressed directly to the client. The firm acts merely as an agent, paying the cost on the client's behalf. The VAT liability rests with the client.

Key Term: Agency Method
An accounting treatment for VAT on disbursements where the firm acts as an agent for the client. The supply is deemed made to the client, and the firm passes on the exact cost (including any VAT) without adding its own VAT. No entries are made in the firm's VAT account.

Accounting Entries (Agency Method):

If the firm pays a VAT-inclusive invoice of £600 (£500 fee + £100 VAT) addressed to the client:

  • If paid from client account (sufficient funds):
    • DR Client Ledger Client Account £600
    • CR Cash Sheet Client Account £600
  • If paid from business account:
    • DR Client Ledger Business Account £600
    • CR Cash Sheet Business Account £600

The firm should forward the original VAT invoice to the client if requested, allowing a VAT-registered client to reclaim the input tax.

Principal Method

This method applies when the third-party invoice is addressed to the firm. The supply is deemed made to the firm, which then re-supplies the service to the client.

Key Term: Principal Method
An accounting treatment for VAT on disbursements where the supply is deemed made to the firm. The firm pays the invoice (including VAT) from its business account, reclaims the VAT as input tax, and then re-supplies the service to the client when billing.

Accounting Entries (Principal Method):

Stage 1: Firm pays the invoice (e.g., £500 fee + £100 VAT = £600 total)

  • Payment must be from the business account.
  • Entries:
    • DR Client Ledger Business Account £500 (Net amount)
    • DR HMRC VAT Ledger £100 (Input Tax)
    • CR Cash Sheet Business Account £600 (Total paid)

Stage 2: Firm bills the client (recharges the disbursement)

  • The firm includes the net cost (£500) on its bill to the client and adds VAT (£100) to this amount (along with VAT on its profit costs).
  • Entries when billing:
    • DR Client Ledger Business Account £500 (Recharged disbursement net cost)
    • DR Client Ledger Business Account £100 (VAT on recharged disbursement)
    • CR HMRC VAT Ledger £100 (Output Tax)
    • Corresponding entries for profit costs and their VAT are also made at this time

Worked Example 1.1

Your firm acts for Property Co Ltd. You pay a Land Registry fee of £270 on their behalf from the client account, which holds sufficient funds. Land Registry fees are not subject to VAT. What are the accounting entries?

Answer: Land Registry fees are disbursements not subject to VAT. As sufficient client funds are held, the payment is made from the client account. DR Client Ledger Client Account £270 CR Cash Sheet Client Account £270

Worked Example 1.2

Your firm acts for Innovate Ltd, a VAT-registered company. You instruct an expert witness who invoices the firm £1,000 + £200 VAT (£1,200 total). The invoice is addressed to your firm. You pay the invoice. Later, you bill Innovate Ltd £3,000 profit costs + VAT, plus the recharged expert fee. What are the entries when you pay the expert's invoice?

Answer: As the invoice is addressed to the firm, the principal method applies. Payment must be from the business account. DR Client Ledger Business Account £1,000 (Net cost of expert fee) DR HMRC VAT Ledger £200 (Input Tax reclaimed by the firm) CR Cash Sheet Business Account £1,200 (Total paid to expert)

Exam Warning

A common error is confusing the agency and principal methods. Remember the key determinant: who is the invoice addressed to? If it's the client -> Agency Method (usually paid from client account if funds available, VAT is client's responsibility). If it's the firm -> Principal Method (must be paid from business account, firm reclaims input tax and charges output tax). Also note the concession for counsel's fees allowing agency treatment even if invoiced to the firm, provided the invoice is amended.

Revision Tip

Create a simple flowchart or table summarising the VAT treatment of different types of disbursements (VAT-exempt vs VAT-subject) and the two methods (Agency vs Principal), including the trigger (invoice recipient) and the key accounting steps/ledger entries for each. This visual aid can help solidify understanding for the exam.

Key Point Checklist

This article has covered the following key knowledge points:

  • VAT-registered firms must charge output tax on their professional fees and account for it to HMRC.
  • Firms can generally reclaim input tax paid on goods and services used for business purposes.
  • Disbursements are costs paid to third parties on behalf of clients.
  • The VAT treatment of disbursements depends on whether the supply is subject to VAT and whether the firm acts as agent or principal.
  • Disbursements not subject to VAT (e.g., court fees) are simply recorded as payments without VAT entries.
  • If a disbursement is subject to VAT and the invoice is addressed to the client, the agency method is used: the VAT-inclusive cost is passed on, paid from client funds if available, with no entry in the firm's VAT account.
  • If a disbursement is subject to VAT and the invoice is addressed to the firm, the principal method is used: the VAT-inclusive cost is paid from the business account, the firm reclaims input VAT, and the net cost plus output VAT is recharged to the client upon billing.

Key Terms and Concepts

  • Output Tax
  • Input Tax
  • Profit Costs
  • Disbursement
  • Agency Method
  • Principal Method
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