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But when I quoted should I have explicitly said the figure was ex-VAT? That's what they are insinuating.
Yes you should. Its illegal to quote a price and not state VAT inclusive or exclusive if you're VAT registered. It makes your quote look cheaper than it really is.
I know of a couple of aerial riggers and a plumber who got into trouble over advertising their prices as an amount then stiffed the customer for the money plus VAT.
I wondered if there were any VAT rules about carrying on the same trade outside of Ltd Co.
A quick search suggests there are:- "artificial separation of trade...", "disaggregation powers..."
This, for example:
The following is useful guidance when a single business is split into more than one businesses - each one owned by different persons (e.g. each business is run by a different spouse). Usually people do that to avoid having to register for VAT (e.g. because turnover from each separate business activity is below the VAT registration threshold). Or, for purely commercial reasons, e.g. when the business sells to unregistered customers who cannot reclaim VAT.
As you may have guessed, the VAT-man doesn’t like that and they have given themselves the powers to stop it. The VAT-man is more likely to succeed if the persons carrying out those business activities, in the words of the vatman have “close financial, economic and organizational links”. Read my lips: To avoid being caught, the business owners need to prove that the reason for the disaggregation is commercial considerations and not vat avoidance.
As others have said, take it on the chin, unless your quote explicitly states that it doesn't include VAT at the prevailing rate then a client can reasonably expect that it won't be charged additionally or the quote includes it in the total.
Before I dealt solely with contractors I had a client come to me who was subject to a vat inspection. During this it was uncovered that the client, who owned a pub, set up a limited company owned by his wife to run an outside catering co out of the kitchen. There was no common ownership, there were good commercial reasons for doing this, the businesses were genuinely separate but HMRC chinned them under disaggregation rules. I didn't take it on as I wasn't specialist in this but the last I heard it went to commissioners and HMRC won. Be very careful of disaggregation.
Originally posted by Alan @ BroomeAffinityView Post
Before I dealt solely with contractors I had a client come to me who was subject to a vat inspection. During this it was uncovered that the client, who owned a pub, set up a limited company owned by his wife to run an outside catering co out of the kitchen. There was no common ownership, there were good commercial reasons for doing this, the businesses were genuinely separate but HMRC chinned them under disaggregation rules. I didn't take it on as I wasn't specialist in this but the last I heard it went to commissioners and HMRC won. Be very careful of disaggregation.
What, so does this mean I can't do a website for somebody in a self employed capacity rather than putiing it through my Ltd because they'll think (rightly) that I'm doing it to avoid paying VAT?
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