Questions & Answers

Ask a lawyer
All cities, UAE

The right way to charge the ultimate customers for VAT

Hi Nikhat,

How are you?

I read your reply on a VAT query and I hope I could get clarification on my confusion as well.

You see we are agents (in business set-up consultancy). Basically, we are dealing with another business set-up consultant rather than going directly with the authority, but we wish not to disclose this to our clients that we are dealing with another business set-up consultant.

Now, my question is that the other consultant charges VAT to us but the invoice is addressed to the ultimate customer name.

So my question is if I charge on top with what they charge, like if their PRO fee is AED 2,000 and, on my side, I charge PRO fee of AED 4,000, should I be charging VAT on the whole AED 4,000 or should I have to break it down and charge only on my top-up since this was not my supply?

Thank you!

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
Chat
Hire
Meet
15 Feb 2020, 15:28

Yes, VAT is payable on professional fees.

Indeed your professional fees to the client include the professional fees payable to the other agent but you need not to disclose the same to the client.

In your invoice to the client, mention your fees (which include the agent's share) and VAT separately (which includes Agent's VAT share).

When you receive the funds from the client, pay the other agent his fee plus VAT on his fee then he, in turn, will settle the same for his VAT returns and your company will pay VAT for your VAT share.

15 Feb 2020, 17:32

Thank you for your reply Nikhat!

But in this set-up, we will not be able to recover the input tax since they are issuing the tax invoice in the name of the ultimate customer?

That is why it crossed my mind, to separate the fees of professional fees charged by them to what we are charging.

Thank you!

16 Feb 2020, 12:07

I do not understand why they are issuing. You should issue it.

16 Feb 2020, 12:13

Hi Nikhat,

Again, I want to thank you for giving your time clearing my confusion with VAT.

Yes, basically they are issuing the invoice in the name of the ultimate customer as, in their point of view, they are doing the service to the client. They see us simply as someone who arranges this transaction.

However, I have read as well an article about VAT that in this particular case, we are hiring them to provide service to someone whom we dealt with, so basically, in this approach, they should be invoicing us.

Thank you!

16 Feb 2020, 12:46

They are lying just to poach the client. We are legal consultants and we engage advocates who are doing the job, but we issue the invoice to the client, not the advocates.

Fixed-fee services
2 2 available services •  View all
Get quotes from lawyers
Find the right lawyer for your legal needs. Submit your request and get multiple competitive offers from qualified lawyers.
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer