If I deregister for Vat what do I charge current clients

May 24, 2008 11 Replies

I hand over my business (Vat registered) to another party but not the Vat number. These clients signed a contract under the name of the business I am handing over. Can I invoice in my name and ask them to pay me? New owner of the business happy for this to happen. Can I invoice in name of company or am I falling foul of the rules? Again new owner happy for me to do. Can I deregister for Vat and therefore charge these clients net of Vat which to some will be a major benefit a they are not Vat registered? Should I ask the clients to sign new agreement direct with me and tear up the old one?



Any help would be good.



Ken


This doesn't make any sense. You have sold your company but you intend to keep its clients and the new owner is happy for you to do that?

No he didn't say that.

He said he's sold the company but did not transfer the VAT registration.

This implies to me that he is a sole trader (as with a ST it is the individual, not the company that is registered)

This means that (he thinks) all the contracts being previously agreed with Mr Jim Smith are not automatically transferred to Mr Joe Brown and he wants to know the best way out of this problem.

(I don't know the answer!)

tim

I don't understand the question!

I would refer you to VAT guide 700. It's a long read, but it should resolve the situation that you see.

Unfortunately, based on your opening post, it is unclear what is actually happening. If you read it a certain way, it looks like fraud combined with VAT evasion....

tims next home wrote:

Did you transfer the business or the assets? Are you still planning to continue trading with your old clients?

You are probably right and if so this is a big moment in linguistics - I have never heard a Sole Trader describe himself as "company" before.

Possibly they can be, a partnership certainly can be and often is.

Most sole traders say "I sold the business".

Many sole traders describe themselves as a company. I always ask a few questions designed to highlight contradictions.

Sorry my explanation was confusing. New owner takes over 90% of clients but some where the service being offered, by my company, is nearing completion are to be kept by me. Would be very confusing to let these go to the new owner. All parties accept this - me - new owner and so will the clients once they are made aware of the change of ownership. In fact they will feel very relieved they are not just being dropped by me and put in the hands of a stranger.

Ken

Hi T im

Yes more or less and just posted more detail.

Ken

No not fraud or Vat evasion just want to make sure I do it the right way. The Vat guide is too long to take in and I will call the Vat help line but would rather get some independent tips before I do so. You do have a very suspicious mind!!!!!

Husband and wife partnership - not Ltd Co.

Ken

My other post a few minutes ago may explain. It will be a transfer of the business but there are no physical assets apart from records and web site. The majority of clients to be passed over but I will keep dealing with a very small number for about two more months until completion of the service to them which is at a very advanced and sensitive stage.

Ken

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