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Joshua, Lawyer
Category: Law
Satisfied Customers: 32224
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Vat disclosed agents, they are in the UK they only work for

Customer Question

Vat disclosed agents
JA: Where are the agents? It matters because laws vary by location.
Customer: they are in the UK they only work for our company but we didn't sign any contracts
JA: What steps have you taken so far?
Customer: will that help if we sign a work contract?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: been used a solicitor but he seems not that professional
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 15 days ago.

how may I assist in relation to the above please? I note you have a query in relation to disclosure of VAT status perhaps?

Customer: replied 15 days ago.
The key issue that we discussed was your client’s entitlement to claim an input tax deduction in respect of purchases made using buyers. HMRC’s view is that these buyers are undisclosed agents and, as such, no input tax claim is allowable. As HMRC considers them to be undisclosed agents, the shops are supplying the goods to the buyers and not your client, and the relevant legislation is at VATA s47(2A). Therefore, I will ultimately be considering raising assessments in respect of the Returns previously filed. I will return to this point below. I will also amend the two Returns for the periods 11/21 and 12/21 where I paused the repayment while I checked these. The two Tribunal cases that we referred to during the meeting were Gold Standard Telecom Ltd v Revenue & Customs, 11 June 2014, and Global Cellular v Revenue & Customs, 28 May 2015. You may want to have a look at these. I have included links in my email.
Customer: replied 15 days ago.
this is the letter from hmrc, if you can help, then we talk
Expert:  Joshua replied 15 days ago.

thank you. May I confirm the question or questions you have in relation to the above please?

Expert:  Joshua replied 14 days ago.
Do you have any further information on the above please?
Expert:  Joshua replied 14 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms you will need to be able to show a direct contract with the supplier from whom you are acquiring goods in order to recover VAT. if there is an intervening party then VAT may not be recoverable upon the goods acquired.

I'm not privy to the specifics of the arrangement you have entered into although I have a flavour of what is likely to be the case based on the summary you provided above. it appears your accountant has provided you with some reasonably specific authority on the detail of the arrangements

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.