Why you should never invoice a trust deposit

Updated · ZA · BW

A firm asked a client for a deposit of R40,000 on a matter, and asked for it the way it asked for everything else: with a tax invoice. The client paid, the invoice was marked paid, and the books recorded R40,000 of fee income — with VAT on it.

Two months later the firm earned R23,000 of fees on the matter and invoiced those too. The books now showed R63,000 of income from a client who had been billed R23,000 of work. The other R17,000 still belonged to the client — and the trust ledger had never heard of any of it.

Why it goes wrong

  • A tax invoice says the firm has earned the money. A deposit has not been earned; it is held.
  • Income is overstated, so income tax is overstated.
  • VAT is declared on money that was never a supply, and must be corrected with the SARS.
  • The client's trust ledger shows nothing held, so the client's statement and the trust reconciliation are both wrong.

The right way

  • Ask for the deposit with a trust deposit request — no VAT, nothing in income.
  • Record it as Money received for a client on the client's ledger when it lands.
  • When the work is done, use Bill this client from trust, send the fee note, and Settle it from trust now for the R23,000.
  • Pay the remaining R17,000 back to the client with Paid out on the client's instruction.

If it has already happened

  • Raise a credit note against the tax invoice for the deposit, giving the reason. That takes the income and VAT back out.
  • Record the deposit on the client's trust ledger, dated the day it reached the bank.
  • Settle the real fee note from trust, and pay out or keep holding the rest.

Ledgr now asks the question for you: when you record a payment on a fee note, it asks "Was this money paid into your trust account as a deposit?" Answer It's a deposit into trust and the money goes to the trust ledger; the fee note is not marked paid.

Where these numbers come from

Current as at for South Africa (SARS) and Botswana (BURS). Rates and thresholds change; the sources below are the authority, not this page.

This guide explains how the rules work. It is not tax advice, and nothing here files anything for you — for your own position, speak to a registered tax practitioner.

Keep the books that answer this

Client money kept the way the rules expect — one ledger per client, every movement explained.