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  6. Do I have to give the oath fees I receive to my new firm’s partners?

Do I have to give the oath fees I receive to my new firm’s partners?

I’m an assistant solicitor. The partners in my new firm want me to account to them for all oath fees I receive in the course of my employment. Must I hand these oath fees over to them?

There are no rules or specific guidance on this.

It’s a matter for the partners of the firm to decide and for you to negotiate, if you can.

There’s limited information about VAT payable on such fees.

If the oath fees are retained by you personally, they’re not subject to VAT unless you’re registered or liable to register for VAT as a result of the aggregate of your personal taxable supplies.

If you’re required to account to your firm for oath fees received, then these fees should be dealt with as part of the firm’s taxable turnover.

For more information on oaths, see Execution of Documents (3rd edition) or contact the Practice Advice Service.

Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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