Clarifying the Tax Implications and Recording of Deposits/Advances Made by Clients of General Professional Partnerships for Expenses

December 27, 2012 REVENUE MEMORANDUM CIRCULAR NO. 089-12 SUBJECT : Clarifying the Tax Implications and Recording of Deposits/Advances Made by Clients of General Professional Partnerships for Expenses TO : All Internal Revenue Officers and Others Concerned I. Background It is common business practice for General professional partnerships (herein after referred to as "Firm"), such as accounting firms or law firms: (1) to require their clients (herein after referred to as "Client") to deposit a sum of money to them to be used to cover necessary expenses; and/or (2) to pay in advance the necessary expenses on behalf of their Client. The deposits shall thereafter be liquidated by the Firm, while the advances made by Firm shall thereafter be paid by the client. When the Firm bills the Client for the professional fees, such deposits is taken into account in the computation. However, since the Official Receipts/Invoices covering these expenses incurred on behalf of the Client are issued by the third-party establishments in the name of the Firm, instances occur when these expenses are claimed as deductions to gross income by both the Firm and the Client. As a result, the same expense is twice claimed as deductions contrary to the provisions of the Tax Code. Accordingly, this circular is being issued to provide guidelines to be observed in accounting and recording such deposits/advances, as well as liquidation and payment of the pertinent expenses. II. Policies and Guidelines 1. Service Income of General Professional Partnerships When the Firm receives cash deposits or advances from the Client, the Firm shall issue a corresponding Official Receipt. This amount received shall be booked as Income of the Firm. They shall form part of the Firm's Gross Receipts and subject to Value-Added Tax (VAT), if applicable. IDCHTE 2. Claim for Deduction of Expenses The Firm shall record the expenses it incurred and paid on behalf of the Client as its own expenses for income tax purposes if the official receipt/invoice issued by the third-party establishments is in the name of the Firm. Accordingly, all these expenses, supported by Official Receipts/Invoices issued by third-party establishments in the name of the Firm, may be claimed by the latter as deductions from its gross income. Conversely, these expenses may not be claimed as deductions from the gross income of the Client. On the other hand, all payments made by the Client to the Firm shall be allowed as deduction from its gross income as professional fee/s provided that they are duly substantiated by Official Receipts issued by the Firm pursuant to Section 34 (A) (1) of the Tax Code. The Firm and Client, however, are not precluded from availing of the Optional Standard Deduction (OSD) provided under the existing tax laws, rules and regulations. III. Summary of Transactions/Pro-Forma Entries A. Treatment When the Client Makes a Deposit for Necessary Expenses 1. Receipt and Recording of the Deposit Upon receipt of the deposit/advances, the Firm shall issue an Official Receipt. If the Firm is utilizing a cash basis of accounting, it shall treat and record the same as Service Income. On the other hand, if the Firm is using accrual basis of accounting, it shall book deposit/advances as Unearned Income/Liability. Accounting entries in the Books of the Firm a) Cash Accounting: Dr. Cr. Cash xxx Service Income xxx Output VAT xxx b) Accrual Accounting: Dr. Cr. Cash xxx Deposits from Clients xxx Output VAT xxx In turn, upon making deposit/advances for the necessary expenses, if the Client is using a cash basis of accounting, it shall treat such deposit/advances as an outright expense. However, if the Firm is using an accrual basis of accounting, such deposit/advances shall be treated as deferred expense/pre-payments. Accounting entries in the Books of the Client a) Cash Accounting: Dr. Cr. Professional Fees xxx Input VAT xxx Cash xxx b) Accrual Accounting: Dr. Cr. Deposits to Professional Firms xxx Input VAT xxx Cash xxx 2. Payments made to third-party establishments When the deposit is used or spent for the necessary expense and the Official Receipt/invoice is issued in the name of the Firm, the latter shall record the same as follows: caAICE Accounting entries in the Books of the Firm a) Cash Accounting: Dr. Cr. Expenses xxx Input VAT xxx Cash xxx b) Accrual Accounting: Dr. Cr. Expenses xxx Input VAT xxx Cash xxx Deposits from Clients xxx Service Income xxx If the deposit is not sufficient to cover the expenses and the Firm makes the necessary advances, the Firm shall record a receivable from the Client as follows: Dr. Cr. Accounts Receivable - Client xxx Service Income xxx 3. Liquidation of the deposit and expenses Upon liquidation of the deposit and expenses, the Firm shall make a summary computation of all the expenses incurred. If the deposit/s previously provided by the Client exceeds the total expenses and such excess is returned by the Firm to the Client, the Firm shall record such liquidation (return of the excess) as follows: Accounting entries in the Books of the Firm a) Cash Accounting: Dr. Cr. Service Income xxx Input VAT xxx Cash xxx b) Accrual Accounting: Dr. Cr. Deposits from Clients xxx Input VAT xxx Cash xxx On the other hand, the Client, upon receipt of the excess deposit, shall record such liquidation as follows: Accounting entries in the Books of the Client a) Cash Accounting: Dr. Cr. Cash xxx Professional Fee/s xxx Output VAT xxx b) Accrual Accounting: Dr. Cr. Professional Fee/s xxx Cash xxx Deposits to Professional Firms xxx Output VAT xxx If the actual expenses exceed the amount of deposits provided by the Client, the Client shall pay the Firm for such balance and the latter shall issue an Official Receipt upon receipt of the cash and shall record such payment as follows: Accounting entries in the Books of the Firm a) Cash Accounting: Dr. Cr. Cash xxx Service Income xxx Output VAT xxx b) Accrual Accounting: Dr. Cr. Cash xxx Accounts Receivable - Clients xxx Output VAT xxx The Client shall record the above transaction as follows: Accounting entries in the Books of the Client a) Cash Accounting: Dr. Cr. Professional Fee/s xxx Input VAT xxx Cash xxx b) Accrual Accounting: Dr. Cr. Professional Fee/s xxx Input VAT xxx Deposits to Professional Firms xxx Cash xxx B. Treatment When No Deposit for Necessary Expenses in Made by the Client: The Firm Advances for the Necessary Expenses on Behalf of the Client and Bills the Latter for the Same 1. Payments made to third-party establishments on behalf of the Client When the Firm advances for the expenses on behalf of the Client and the Official Receipt/Invoice issued by third party establishments is in the name of the Firm, the latter shall record the same as follows: Accounting entries in the Books of the Firm a) Cash Accounting: Dr. Cr. Expenses xxx Input VAT xxx Cash xxx b) Accrual Accounting: Dr. Cr. Expenses xxx Input VAT xxx Cash xxx Accounts Receivable - Clients xxx Service Income xxx 2. Collection of the Expenses made on behalf of the client The Firm shall make a summary computation of all the expenses made on behalf of the Client and shall bill the Client for the same. Upon receipt of the entire amount billed, the Firm shall issue an Official Receipt and shall record the transaction as follows: Accounting entries in the Books of the Firm a) Cash Accounting: Dr. Cr. Cash xxx Service Income xxx Output VAT xxx b) Accrual Accounting: Dr. Cr. Cash xxx Accounts Receivable - Clients xxx Output VAT xxx The Client shall record such payment, whether cash or accrual accounting, as follows: HTaIAC Accounting entries in the Books of the Client Dr. Cr. Professional Fee/s xxx Input VAT xxx Cash xxx All revenue officials and employees are enjoined to give this Revenue Memorandum Circular as wide a publicity as possible. This circular shall take effect immediately. (SGD.) KIM S. JACINTO-HENARES Commissioner of Internal Revenue