Why you should never invoice a trust deposit
Updated · ZA · BW
A firm asked a client for a deposit of P40,000 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 P40,000 of fee income — with VAT on it.
Two months later the firm earned P23,000 of fees on the matter and invoiced those too. The books now showed P63,000 of income from a client who had been billed P23,000 of work. The other P17,000 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 BURS.
- 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 P23,000.
- Pay the remaining P17,000 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.
Bala 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.
Keep reading
- Client money
Asking a client to deposit into trust: the trust deposit request
How to ask a client to pay money into your trust account without issuing a tax invoice — and how to link the deposit when it arrives.
- Client money
Raising a fee note against money held in trust, and settling it from trust
Bill this client from trust → Mark as sent → Settle it from trust now: how a fee leaves the trust account and becomes the firm's income exactly once.
- Client money
How client money (trust) works in [[brand]]
One pooled trust bank account, a ledger per client, four kinds of movement and the firm's own ledger for bank charges — how [[brand]] keeps client money apart from the firm's.
