I have done the bookkeeping for a friend (a one man band) for a few years now and he has become a 'proper' client now as I have set my own business up. He used to send all his receipts off to the accountant, and I took the job on of doing the analysis to save the accountant doing it.
He has just had a letter (I've not seen it yet) but says that he hit the VAT threshold back in 2012 and should have registered for VAT. He hasn't had that level of turnover since (I don't know what it was 2011 and prior). He is now worried that he will get a fine or has to pay VAT on the last years of turnover.
He is going to speak to his Accountant, but selfishly I know, I wondered where this left me? Am I implicated in this at all if he should have registered? I did his books as a friend before I became a registered bookkeeper, but that was to save him costs with the Accountant, and I am happy that what I have done is correct. His receipt keeping was very poor initially but that has improved a lot since then. His Accountant has always done his tax return.
I have worked hard to get the certification and now am worried that I could get dragged into this and lose everything! I know it sounds dreadfully selfish and I will help him with what I can, but I can't lose my livelihood because he didn't do something. I am a bookkeeper and not his Accountant, or does it not work like that?
Its the middle of the night so tings always seem worse!!! Aagghhhh!!! And why would he suddenly have a letter now?! Like I say, he hasn't had that much revenue since.....
Hi Callie
First thing - try to get a copy of the letter. Second thing - with or without the letter phone your governing body. Third - MUST DO - ring your PII providers and tell them (failure to do so at the time you heard of a potential issue could just mean a whole load of bother in the future if there is a claim).
You dont state what kind of business he is in, but they may be checking him out due to them concentrating on a specific sector or just because its a cash based business. Or maybe something in his tax return, but I suspect that it is most likely to be the fallout from a tax investigation conducted on one of his clients or suppliers - thats quite common. Or it could be just a random check. Lots of reasons really!
So if he is now admitting that he knew he hit the threshold and did nothing then he has a problem. First and foremost it is his responsibility to have registered, but this does not mean it absolves a Bookkeeper or Accountant of their duty of care. There are certainly a few things you can be doing now to get ahead of the game in time for the inspection.
When did you start doing his books (as a friend or as a licensed bookkeeper)? Did you have access to the full 12 months figures from before then? Regardless of whether he has had reduced turnover since, the numbers should be reviewed on a regular basis to check that a breach of the VAT registration is not likely to occur, on the basis of either a big contract that might take it over for a short length of time, or on a rolling twelve month basis (rather than annual basis).
So - can you go back that far in your records and check? Check the 12month rolling basis calculation. If your records do not show he has breached the figure I would have a word with him as to why he thinks he has. It may well be that he has not declared all his income to you but obviously then you could not have a crystal ball, unless of course it there were obvious other signs that you did not pick up on (and this is where dealing with friends can be akward as one doesnt want to have the difficult conversations with them).
Either way I would advise him to speak to his Accountant straight away. If you have the authority to speak to the Accountant I would be having a chat with him as well. You need to decide between the three of you a plan of action and exactly who will attend the meeting.
I could say dont worry, but I know even if I do that you most likely will. Its human nature, but depending on his track record with the revenue and the way its handled, doesnt mean its necessarily a really bad outcome. If he has breached the registration threshold and it can be shown that it was a short term issue then admittance before the inspection itself would probably be a wise move. Fines and penalties may be incurred, although showing his record keeping processes etc have been improved may well keep that down to a minimum - thats why he needs to get the Accountant on board and now.
__________________
Joanne
Winner of Bookkeeper of the Year 2015, 2016 & 2017
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
It is praying on my mind! I started doing his invoicing for him and then thought I was helping him by saving some costs with the Accountant. I just analysed the spends from his bank account to save the accountant doing it, and the accountant produced the final accounts. I have got more involved as the years have gone on as he is my friend. He works with animals and to be fair, not too much cash. I don't have access to the previous years figures and no one has ever really reviewed his business. The accounts are done for his tax return really , as opposed to running a business and reviewing it.
He is sending me a copy of the letter so I can see what it says and he is also contacting his accountant. He hasn't even read it properly yet!! I am ringing my governing body and PII for their advice today. Thank you for that.
Thanks again Joanne - while I will help him through this, I am a bit scared of any knock effect for me