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TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 17645
Experience:  International tax
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we (my wife and I in partnership), have not registered for

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we (my wife and I in partnership), have not registered for VAT, WE THOUGHT THE VAT registration of our Ltd Company was sufficient. We now find we need to register, looking at our partnership turnover figures, we went over the threshold in 1998
Hello and thank you for allowing me to assist you.
A legal person is an entity or body which has an existence separate and distinct from the persons (legal or natural) comprising that entity or body. If your Ltd Company is the same partnership that you are concerned about then you (you and your wife) do not have to register for VAT independent of that.
On the other hand, if your Ltd and the partnership are 2 separate entities then that is different.
Two or more companies or limited liability partnerships - known as ‘bodies corporate’ - can register as a single taxable person or VAT group. This may cover you for the VAT registration of the partnership.
A VAT group is treated in the same way as a single taxable person registered for VAT on its own. The registration is made in the name of the ‘representative member’, who is responsible for completing and submitting a single VAT Return and making VAT payments or receiving VAT refunds on behalf of the group.
You stated you went over the threshold in 1998 but did you stay and remain over from then on?
If you have not then it may not be so bad but if you did remain over from 1998 on you will need to contact HMRC as soon as possible (after you of course speak with your solicitor). You can apply for a registration ‘exception’ if your taxable turnover goes over the threshold temporarily.
You’ll still need to pay all the VAT due from the time you should have registered.
You will need to speak to HMRC (writing is better so you have proof of reply.
Unfortunately your situation is too complex to go over in a forum such as this. Your personal adviser needs to assist you with this situation.
I do sincerely ***** ***** that the above is useful.
Customer: replied 3 years ago.

We set up the Ltd Coy in 1998, that was then registered for VAT - has been ever since. We continued to use the partnership, our "wages" come from the Ltd into the partnership, we incurr other expenses in the partnership, and pay tax on whatever the profit is (£90k between us typically). The Ltd invoices the sales, and has always paid VAT in full, on time, since 1998 registration.

Hello Allan,
Then it may be that HMRC will allow this as a group and you would not have any more than some paper work.
You will need to seek HMRC approval of the group (the Ltd and the partnership).
This actually should have been done back when you first when over but if the Ltd has been compliant and you have been same as individuals and reporting all income and taxes were paid it is possible that they will allow this.
I know it seems like I am not making a promise and that is because I cannot say for certain your request will be allowed.
It will take you making the contact, explaining what happened and why.
I strongly suggest you let your professional handle this for you.
Customer: replied 3 years ago.

We are very scared of whats going on here. Do you know of any specialist in the Portsmouth, Waterlooville area who we could instruct ?

I know it is very uncertain for you right now. I cannot advise on an individual specifically but you can use this url
You can find a qualified and chartered member there.
TaxRobin and other Tax Specialists are ready to help you
My goal is to give you excellent service.
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