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Post Info TOPIC: VAT Issue on service charges


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VAT Issue on service charges
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Hi everyone,

 

This will be my first post here, thank you all for having me!

 

Anyways, the reason for my post here is because I'm quite surprised at a VAT invoice I just processed from a coffee shop franchise.

 

Now, let's take the example of the top invoice of 6.72 GBP. Now what they seem to do, is exclude the service charge, and the 5.97 is the gross and already includes vat. To obtain the NET amount we simply divide 5.97 by 1.2. The VAT is then *0.2  = 0.99.

 

The confusing part is that they indicate at the bottom of their invoice the Net as 5.97, which is incorrect! When I called them up to warn them about that mistake they seemed quite confused and didn't really seem to accept the mistake.

 

I'm quite surprised a franchise like theirs is able to issue incorrect invoices without having any problems? What do they risk by having these wrong invoices?

 

Cheers,

 



-- Edited by Shamus on Monday 29th of February 2016 05:20:03 PM

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Sorry, you can't use the names of firms or clients or use anything that could identify either.

I'm afraid that I've had to amend your post to reference to the third party concerned.

Shaun.

p.s. welcome to the forum.



-- Edited by Shamus on Monday 29th of February 2016 05:20:17 PM

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Shaun

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Hi again Alex,

appologies that I needed to remove detail of who you were referring to.

Yes, from the look of that there is no discretion over the 12.5% so the service charge is an extension of cost and hence VATable.

You may find this useful for reference if you debate this with the franchisee again (its quite a high level reference but does mention tips / service charges / Troncs).

www.gov.uk/government/uploads/system/uploads/attachment_data/file/430329/E24_2015_v1_0.pdf

As a seperate issue are you 100% sure that the coffee was reclaimable by your client at all? (i.e. purchased outside normal business routine by a non road based employee)

kindest regards,

Shaun.





-- Edited by Shamus on Monday 29th of February 2016 05:25:43 PM

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Shaun

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Master Book-keeper

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Welcome to the forum Alex.

Ahhh - but is it incorrect? Is the service charge compulsory? In a lot of cases it will say on the bill that it isnt and gives you the option of crossing it off. Or there may be a sign in the shop somewhere (possibly really small print), most often on a menu.


Have a look at the manual www.hmrc.gov.uk/manuals/vatscmanual/vatsc56400.htm

If its compulsory then try ringing the franchisor next?



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 Joanne 

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Master Book-keeper

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Shamus wrote:

Hi again Alex,

appologies that I needed to remove detail of who you were referring to.

Yes, from the look of that there is no discretion over the 12.5% so the service charge is an extension of cost and hence VATable.     oooo did I miss a piccie of the bill before I responded?

You may find this useful for reference if you debate this with the franchisee again (its quite a high level reference but does mention tips / service charges / Troncs).          

www.gov.uk/government/uploads/system/uploads/attachment_data/file/430329/E24_2015_v1_0.pdf

As a seperate issue are you 100% sure that the coffee was reclaimable by your client at all? (i.e. purchased outside normal business routine by a non road based employee)     

kindest regards,

Shaun.




 



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 Joanne 

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Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

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Hi Jo,

yep, ninja moderator was in there like a ferret down a rabbit hole.



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Shaun

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Master Book-keeper

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Hi Shaun
Oh you couldve scrubbed the name off the top of the bill to give me half a chance!!

Ooo I have a John joke......... Why did the ninja and his ninja girlfriend break up?

they never saw each other.   biggrinbiggrin



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 Joanne 

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Cheshire wrote:


Oh you couldve scrubbed the name off the top of the bill to give me half a chance!!


Or, I could have scrubbed the whole thing and put it on my to do list unhindered by any thought of urgency.... Oh wait, thats exactly what I did biggrin

Lol Jo, imagine what we would be like if anyone paid us for this!

 



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Shaun

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Master Book-keeper

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Shamus wrote:
Cheshire wrote:


Oh you couldve scrubbed the name off the top of the bill to give me half a chance!!


Or, I could have scrubbed the whole thing and put it on my to do list unhindered by any thought of urgency.... Oh wait, thats exactly what I did biggrin     Very unfair to nice people like me!

Lol Jo, imagine what we would be like if anyone paid us for this!   You would be pretty well orf!!!!!!!!!!

 


 



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 Joanne 

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Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

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Master Book-keeper

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Cheshire wrote:
Shamus wrote:

    oooo did I miss a piccie of the bill before I responded?


Hi Joanne

I missed the pic of the bill but op also included the name of the franchise in the header, which I saw before Shaun removed it.

I would tell you what it is but I can't flipping remember it!!



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John 

 

 

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Master Book-keeper

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I saw the name John, best not repeat it else we will be both be up in front of the firing squad.

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 Joanne 

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Thoughts are my own/not to be regarded as official advice,which should be sought from a suitably qualified Accountant.

You should check out answers with reference to the legal position



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Hey everyone,

 

Sorry about the name issue, I wasn't aware no.

 

Anyhow, you may find the invoice without any trace of the issuer attached to this post. Now, I understand that tips are outside the scope of VAT, I'm simply surprised at the incorrect invoice that specifies a "net" of 5.97 - while the net is actually 5.97/1.2 = 4.975 - that number not being specified anywhere on the invoice.

 

Now concerning the question if the VAT may be reclaimed on this invoice, the coffees were bought during a client meeting so it shouldn't be a problem.

 

Cheers,

 

 



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Actually... And remember not to shoot the messenger here.... Client entertaining is not a tax deductible expense.




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Shaun

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Can't see an issue here. All this an it's not even allowable.

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Hi Johnny,

I think that we have two different conversations going on in this thread. The first (where I had to remove the name of the business concerned) relates to troncs / service charges / tips and was more of a general discussion related to the VAT treatment.

The other conversation (which the original question relied upon) related to whether the coffee was claimable at all (doubtful).

I certainly think that the thread was a discussion worth having as its one of those areas where regularly emphasising on here that entertaining is seldom allowable prepares the readers to pick it up with clients early on what is a common error amongst small business owners.




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Shaun

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Maybe if client bought one espresso, had been miles off usual track. But 3 espressos...

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Hi Johnny,

The rules for when such are allowable relate to the expenditure being for foreign clients or there is a situation where travelling on business where one's own drink may be allowable but one's clients is not.



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Shaun

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Hi Shaun, that's what I was suggesting. One drink, when your off the beaten track, so to speak is totally different to three drinks, which looks like a round / meeting

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Master Book-keeper

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Perhaps the client was thirsty  

Without knowing if the service charge was optional, we can't say whether the receipt is incorrect or not, although I think it's worded incorrectly because the 5.97 is gross not nett.

To be fair to Alex, this could be 3 employees on a training course for all we know, although as Shaun points out, it's good to be reminded of the VAT rules on entertaining.



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John 

 

 

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John. You are correct. However, Alex did mention client meeting..

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Master Book-keeper

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Ooops, missed that bit sorry.  As soon as I saw his second post I clicked straight on the receipt without reading it properly.



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John 

 

 

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Hi John

You're definitely correct though, it could have been for a staff training day.

It's all in the detail

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