the following are examples of when "HMRC would at least " make further enquiries:
■Separate entities supply registered and unregistered customers
In this type of separation, the registered entity supplies any registered customers and the unregistered part supplies unregistered customers.
■Same equipment/premises used by different entities on a regular basis
In this type of situation, a series of entities operates the same equipment and/or premises for a set period in any one-week or month. Generally the premises and/or equipment is owned by one of the parties who charges rent to the others. This situation may occur in launderettes and take-aways such as fish and chip shops or mobile catering equipment such as ice cream vans.
■Splitting up of what is usually a single supply
This type of separation is common in the bed and breakfast trade where one entity supplies the bed and another the breakfast. Another is in the livery trade where one entity supplies the stabling and another, the hay to feed the animals.
■Artificially separated businesses which maintain the appearance of a single business
This type of separation includes pubs in which the bar and catering may be artificially separated. In most cases the customer will consider the food and the drinks as bought from the pub and not from two independent businesses. The relationship between the parties in such circumstances will be important here as truly franchised "shop within a shop" arrangements will not normally be considered artificial.
■One person has a controlling influence in a number of entities which all make the same type of supply in diverse locations
In this type of separation a number of outlets which make the same type of supplies are run by separate companies which are under the control of the same person. Although this is not as frequently encountered as some of the other situations, the resulting tax loss may be significant.
top ^13.6 The meaning of financial, economic and organisational links
Again each case will depend on its specific circumstances. The following examples illustrate the types of factors indicative of the necessary links, although there will be many others:
Financial links
■financial support given by one part to another part;
■one part would not be financially viable without support from another part;
■•common financial interest in the proceeds of the business.
Economic links
■seeking to realise the same economic objective;
■the activities of one part benefit the other part;
■supplying the same circle of customers.
Organisational links
■common management;
■common employees;
■common premises;
■common equipment.
top ^13.7 How the measure will apply in particular circumstances
■Franchised businesses
HMRC do not expect this measure to affect genuine, as opposed to artificial, franchising.
■Hairdressers
The existing agreement between the National Hairdressers Federation and HMRC is used to determine whether or not a stylist working in a salon is an employee or a self-employed person. The new measure applies only to self-employed persons. HMRC will amalgamate those self-employed stylists who are artificially separated provided that the legal criteria are met.
■Self employed taxi drivers
The ways in which taxi firms operate can vary. Only those firms, which operate in such a way that the legal criteria are met, will be registered by HMRC as a single business.
■Businesses already registered for VAT
The measures enable HMRC to register businesses which otherwise would not be registered for VAT. Consequently HMRC will not use their powers to amalgamate when all of the parties involved are already VAT registered. However, where the powers are invoked, existing registrations will be cancelled from a current date and the newly amalgamated businesses will be registered with a new number.
■Registration date for amalgamated businesses
When HMRC invoke the measures, the liability to be registered as a single business will take effect from the date of the direction, or such later date as may be specified in the direction.
■Penalties
The new measures do not introduce any fresh penalty provisions. However, should artificial separation continue as a means of avoiding VAT, the position on penalties will be reconsidered.
■Appeals
Businesses, which disagree with HMRC’s decision, will be able to appeal to the VAT and duties tribunal.
The basis of the Tribunal’s decision will continue to be whether HMRC could reasonably have been satisfied that there were grounds for treating all the separated parts as a single taxable person, given the legal criteria and the purpose of the legislation.
top ^13.8 Advice on proposed separations
It is a matter for the parties concerned, after due consideration of all the relevant factors, to determine how to structure their business activities. Accordingly HMRC will not advise on the VAT consequences of any proposed structure" but we will give a decision when faced with an actual situation".