What is wrong with the following?
What is wrong with the following?
Author
Discussion

blindswelledrat

Original Poster:

25,257 posts

263 months

Wednesday 7th May 2008
quotequote all
I'm a little curious here.
Someone I know owns a limited company. He trades as the limited company, invoices as the limited company-and as far as I know bills/reclaims VAT as the limited company.
However- he files his accounts (or tax returns) as a partnership.
Now presumably the reason he does this is to gain the protection of the limited company if everything went tits-up but get the tax efficiency of the partnership.
This can't be legal though surely?
What are the possible consequences of him doing this?

Plotloss

67,280 posts

301 months

Wednesday 7th May 2008
quotequote all
LLP?

Isnt that a bit of both? Limited liability but still a partnership?

blindswelledrat

Original Poster:

25,257 posts

263 months

Wednesday 7th May 2008
quotequote all
Except his company isn't one though. In effect that's how he is trading but without the status.

andyps

7,819 posts

313 months

Wednesday 7th May 2008
quotequote all
I trade as a VAT registered limited company and also as a non VAT registered sole trader, the two things doing slightly different activities which can be clearly differentiated should HMRC ever ask. Maybe it is legitimate how he operates, but it would need explanation - is the partnership VAT registered for example, is there really a limited company? If not to the latter, but letter heads etc say it is then it is not legal as far as I know.

blindswelledrat

Original Poster:

25,257 posts

263 months

Wednesday 7th May 2008
quotequote all
No, he is definitely not doing it legitimately. I am not certain of VAT status though.
At the least, he is purporting to clients that he is a limited company where he is actually a sole-trader (a corporate image thing I suppose).
I think it is more likely, however, that he is trading as a limited company entirely yet filing tax returns as a sole trader.

blindswelledrat

Original Poster:

25,257 posts

263 months

Wednesday 7th May 2008
quotequote all
blindswelledrat said:
No, he is definitely not doing it legitimately. I am not certain of VAT status though although he is definitely charging/paying VAT from one source.
At the least, he is purporting to clients that he is a limited company where he is actually a sole-trader (a corporate image thing I suppose).
I think it is more likely, however, that he is trading as a limited company entirely yet filing tax returns as a sole trader.

Plotloss

67,280 posts

301 months

Wednesday 7th May 2008
quotequote all
Companies Act 2006 requires him to declare registered offices and the like on corporate communications if he is Limited.

blindswelledrat

Original Poster:

25,257 posts

263 months

Wednesday 7th May 2008
quotequote all
Yes, he is doing that. Any corporate communications take the form of standard company i.e. letterhead with registration number and registered office etc. but he is definitely filings accounts as a 'non trading' ie dormant company ergo must be accounting as a partnership.

Mattt

16,664 posts

249 months

Wednesday 7th May 2008
quotequote all

Simpo Two

92,998 posts

296 months

Wednesday 7th May 2008
quotequote all
I suppose that if he's the employee (in this case a director) of a limited company then he could also be a partner in another company?

blindswelledrat

Original Poster:

25,257 posts

263 months

Wednesday 7th May 2008
quotequote all
Simpo Two said:
I suppose that if he's the employee (in this case a director) of a limited company then he could also be a partner in another company?
Yes he could. But we are talking about the same company here. The same company cannot be two different legal identities, one for condicting business and the other for tax.