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A Guide to VAT on commission payments in the UK

Many companies in the UK handle VAT on a commission basis. Brokers, estate agents, recruitment consultants, and independent contractors frequently receive commissions, which may be subject to VAT.

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    VAT on commissions

    This guide covers common errors, filing under Making Tax Digital, when to charge VAT on commission, and how to recover VAT on commission expenses.

    What is VAT on commission?

    • Commission is the amount an agent or middleman earns for facilitating a deal or providing a service. In most cases, VAT-registered businesses in the UK are required to charge VAT on commissions at 20%.
    • For example, an estate agent charging £5,000 commission would add £1,000 VAT, bringing the total to £6,000. VAT must be shown separately on invoices.
    • Businesses paying a commission may also reclaim VAT on expenses if the supplier is VAT-registered and the cost relates to taxable business activities.

    When to charge VAT on commission

    VAT rules differ depending on the transaction and parties involved:

    Domestic UK commission VAT transactions

    Agents and intermediaries must charge VAT on their commissions if they are registered for VAT. This applies to many sectors, including:
    • Property and estate agents
    • Recruitment agencies
    • Insurance brokers
    • Freelancers and consultants providing services in the UK

    Cross-border commission VAT considerations

    If the client or principal is outside the UK, VAT treatment changes:
    • Services provided to businesses outside the UK are usually outside the scope of UK VAT
    • Services received from overseas agents may be subject to reverse charge rules.
    • It is essential to identify the place of supply accurately to prevent errors.

    Exempt commissions

    Some commissions are exempt from VAT, including:
    • Financial services, loans, and insurance
    • Certain legal services
    If a commission is exempt, VAT is not charged, and you cannot reclaim VAT on related expenses.

    How to reclaim VAT on commission expenses

    Businesses paying commission can reclaim VAT if:

    • The commission relates to taxable business activities
    • The supplier is VAT registered in the UK
    • VAT is shown separately on the invoice
    • Example: An agent receives £1,000 from a recruitment agency plus £200 VAT. The company can claim the £200 VAT if it is registered for VAT
    • Reclaiming VAT  can improve cash flow. Keeping accurate records of all invoices, payments, and VAT charges is essential.

    Common mistakes with commission VAT

    Errors in handling VAT on commission are common. These include:

    • Not charging VAT on domestic commissions
    • Considering foreign commissions to be exempt rather than outside the scope
    • Not remembering to claim VAT on commission costs
    • Insufficient records or manual processes that increase the chances of errors in VAT filing

    Avoiding these errors is essential to prevent penalties and ensure accurate VAT returns.

    If you need help managing VAT on commission or want guidance on avoiding errors, contact our team today.

    Since April 2022, all VAT-registered businesses in the UK have been required to file their VAT returns digitally under the Making Tax Digital (MTD) initiative.
    MTD requires businesses to:

    • Keep digital records of VAT
    • Submit VAT returns using compatible software
    • Ensure VAT on commission is correctly reported

    Many businesses still calculate VAT on commission in spreadsheets. VAT bridging software enables spreadsheet data to be submitted directly to HMRC, thereby reducing errors and simplifying the filing process.

    Managing VAT on commissions for various business structures

    Agents acting on behalf of principals

    • If a business uses an agent, VAT is calculated on the fee the agent earns, not on the total amount of the deal.
    • Example: An estate agent sells a property for £200,000 and earns £5,000 commission. VAT is applied to the £5,000 commission, not the £200,000 sale.

    Principal businesses paying VAT on commission

    Businesses may claim VAT on commissions paid to consultants or agents, provided the expense is related to taxable activities.

    Entrepreneurs and independent contractors

    Freelancers who receive commission and are VAT-registered must account for VAT. They should maintain accurate records for their return and issue invoices that clearly show the VAT amount.

    Best practices for VAT on commission

    • Check if VAT applies depending on the type of commission and the client’s location
    • Keep clear invoices that show VAT and commission separately
    • Use digital records to comply with MTD
    • Reconcile all commission payments before filing VAT returns
    • Follow HMRC guidance on place of supply and exempt services to avoid mistakes

    Bridging software

    Businesses can file VAT returns online using HMRC-recognised bridging software. It helps send records directly to HMRC and ensures MTD compliance. The software does not calculate VAT but simplifies the submission process.

    Conclusion

    • Charge VAT correctly on UK commissions
    • Follow the place of supply rules for overseas clients
    • Reclaim VAT only when allowed
    • Keep accurate digital records
    Submit VAT returns online under MTD reduces mistakes and ensures compliance without extra steps.