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Thread: VAT on commission "as and when basis" policy.

  1. #21
    Full Member EAB's Avatar
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    The commission is vatable. Please read section 7.6 of the VAT guide (VAT404).

    As stated the issue is the timing of the supply. For this you should look at your contract. If they claim that they pay no VAT because the sale was concluded before the VAT registration I would add Sanlam as a debtor when the sale is done and then offset the payments against the debtor. You need to declare income at the earliest date where the amounts was paid or accrued. Thus the income accrued to you when the sale is made. I am not sure what the commission structure is, but you should declare the full income when the deal is signed.

    Only commission paid to an employee is exempt from VAT. In this this case the firm acts independently to sell the product, thus not under the control and supervision of Sanlam and is therefore not a Sanlam employee for the purpose of the commission payments

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    Diamond Member Justloadit's Avatar
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    The only reference I can find is

    6.6 FINANCIAL SERVICES
    Some examples of financial services which will normally be exempt are

    premiums payable on long term insurance policies
    – for example, life policies, sinking fund policies or disability policies; and the buying or selling of derivatives – for example, options, futures and interest-rate swaps.

    From 1 October 1996 all fees, commissions, merchant’s discount and similar fee-based charges relating to financial services, became subject to VAT.
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