Agency overpaying me by 20%

malcob:
You do have an accountant I hope

No I don’t.

I’ll do the accounts myself and then get my sister in law to have a look to check they are alright. She works for a big 4 accountancy firm but does auditing.

My limited experience of agencies was about 10 yrs ago or so for about 2 or so months as far as I remember.
Fyi …the second month I was paid 3 wks pay weekdays at Sunday rate, said nothing, heard nothing afterwards.
Maybe I was just lucky.
Also I could tell you a scam I had going running alongside it,…but I won’t. :smiley:
Rightly or wrongly I have no qualms at all about ripping agencies.

If your sister in law is an accountant what does she advise you to do ?

malcob:
If your sister in law is an accountant what does she advise you to do ?

Wouldn’t dream of asking her. She offered to look over my accounts - not to be an on-call telephone service. And frankly I couldn’t afford her rates if she wasn’t helping me for free.

I’ll either call the agency or put the money in a savings account. It’s a ltd company so my liability is limited - could just close it down and walk away. The decision is now between me and my conscious.

sammym:

malcob:
If your sister in law is an accountant what does she advise you to do ?

Wouldn’t dream of asking her. She offered to look over my accounts - not to be an on-call telephone service. And frankly I couldn’t afford her rates if she wasn’t helping me for free.

I’ll either call the agency or put the money in a savings account. It’s a ltd company so my liability is limited - could just close it down and walk away. The decision is now between me and my conscious.

You need to see a proper accountant.

Vat fraud, which is what they would call it given you appear to be charging vat when you shouldn’t be would have no protection from a limited company status.

It looks worse that you don’t have one as it appears that you are trying to pull a fast one which a professional accountant “wouldn’t” allow

Your liability is not limited where tax is concerned. My advice is get an accountant who looks after your tax affairs properly. You are receiving payments that you will be taxed on. Up to you of course. Good luck .

I still cant decide if youre winding people up with your posts or not ■■

BUT

Just as I know full well my tax and vat status so do you !!!

You know if you are / have worked as a PAYE , or through an umbrella company. You know if you are " sole trader " " ltd company " " vat registered ". You know full well what your status is with HMRC, if in any doubt call them, they are very friendly.

Also if you are intending to collect VAT when not authorised and not pass it on , or knowingly try to keep overpayments it would be wise not to post it all over a forum.

Sorry if I sound harsh but if I was you I would pop straight into agency Monday and clarify your employment status … if you don`t, you will have no defence later. … fraud / deception / hmrc charges etc. Just because you keep the money in a savings account would probably go against you as it shows you knew there was an error and did nothing about it.

:open_mouth:

sammym:

malcob:
If your sister in law is an accountant what does she advise you to do ?

Wouldn’t dream of asking her. She offered to look over my accounts . And frankly I couldn’t afford her rates if she wasn’t helping me for free.

Perhaps she is the tea lady so shouldn’t be all that expensive ■■?

Sorry mate but you can`t just " close a company and walk away "

Here is what HMRC require in advance of shutting a ltd company ( if you actually are ■■? )

gov.uk/strike-off-your-comp … ur-company

dodged600:
I still cant decide if youre winding people up with your posts or not ■■

BUT

Just as I know full well my tax and vat status so do you !!!

You know if you are / have worked as a PAYE , or through an umbrella company. You know if you are " sole trader " " ltd company " " vat registered ". You know full well what your status is with HMRC, if in any doubt call them, they are very friendly.

Also if you are intending to collect VAT when not authorised and not pass it on , or knowingly try to keep overpayments it would be wise not to post it all over a forum.

Sorry if I sound harsh but if I was you I would pop straight into agency Monday and clarify your employment status … if you don`t, you will have no defence later. … fraud / deception / hmrc charges etc. Just because you keep the money in a savings account would probably go against you as it shows you knew there was an error and did nothing about it.

:open_mouth:

I’ve listed my tax status in the first post… Ltd who isn’t registered for VAT.

And I’ve not ‘collected’ vat - I’ve been overpaid some money. I am not asking for this. And have at no point invoices for vat.

I’ve said about half a dozen times I’m going to contact the agency. And I will.

When you say ltd company … have you registered with companies house and hmrc ■■?

You have also stated in your posts you intend to keep the money and shut your company down.

if they have payed you vat that’s what they will tell HMRC, its gone into your company account therefore your company has collected it. you do not invoice so how will you prove otherwise ?

dodged600:
When you say ltd company … have you registered with companies house and hmrc ■■?

You have also stated in your posts you intend to keep the money and shut your company down.

Yes it’s registered with companies house.

I have not said I intend to do that once. I said I could close the company down. What I’ve said I intend to do it contact the agency and refund the money.

malcob:
if they have payed you vat that’s what they will tell HMRC, its gone into your company account therefore your company has collected it. you do not invoice so how will you prove otherwise ?

How does anyone who is not vat registered prove that? Let’s think about this logically - how does any self employed person prove that they didn’t fiddle HMRC by falsely claiming vat? I’d suggest my emails to the agency saying I’m not vat registered would be enough. Or the lack of a single vat invoice the agency could present.

Anyway - I’m not going to con anyone. I’m going to call the agency and refund the money.

If you’ve invoiced the agency for (say) £1,000 and they’ve paid you £1,200 then you won’t have a problem with the Vatman. At some point HMRC will notice that VAT has been paid but not received by them and at this point they will contact the agency and ask them how this can be.

The agency will be liable for the missing VAT. The agency can claim back the overpayment from your company but technically you could close down the company and there wouldn’t be any comeback for you about it.

Harry Monk:
If you’ve invoiced the agency for (say) £1,000 and they’ve paid you £1,200 then you won’t have a problem with the Vatman. At some point HMRC will notice that VAT has been paid but not received by them and at this point they will contact the agency and ask them how this can be.

The agency will be liable for the missing VAT. The agency can claim back the overpayment from your company but technically you could close down the company and there wouldn’t be any comeback for you about it.

Thanks, Harry.

I was overpaid plenty time.Most time just 20-50 quid.But couple time i was overpaid 100 quid.I call to agency and said who you overpaid money.They said ok i calll you back.I wait this call ready some 5 years.But from my side all tax was paid .