I have come across a similar situation recently where an HMRC investigation into personal tax affairs highlighted a director had received salary from a company but the PAYE had not been paid. HMRC assessed the remuneration as gross income in the income tax calculation with no allowance for PAYE "notionally" deducted but never paid over.
So the client ended up being assessed on it anyway and made to pay the tax by this route.
Was advised last week that a client refund was being held up because we sent a paper 64-8 in with the repayment claim, and it wouldn't be processed until 22nd August.
Last time i tried filing a company limited by guarantee i couldn't because the online filing system did not allow the submission of accounts electronically when the share capital was 50p or less. Not aware that situation has changed and if not the answer will still be you can't. Spoke to Companies House and they acknolwedged that was the case.
The end user signs a support contract for each item of computer equipment they want to cover. In order to deliver the service the client allocates one licence for each item out of the 1000 they own outright. The use of a licence is not mentioned in the contract to the end user, and as far as they are concerned they are just receving a support service and how it is delivered is not relevant to them. They would not think they are acquiring any licence, and in reality they are not either.
This is actually slightly different to how it was first explained to me but is commercially how the process works.
The terms are such though that say a customer uses the licence for 2 years and ceases to use the service the licence comes back to the client to be used again, and again etc. Therefore, any purchase is just a right to use the licence whilst the monthly fee is paid. It does not give the end user any ultimate right to own the item.
My answers
Assessed personally
I have come across a similar situation recently where an HMRC investigation into personal tax affairs highlighted a director had received salary from a company but the PAYE had not been paid. HMRC assessed the remuneration as gross income in the income tax calculation with no allowance for PAYE "notionally" deducted but never paid over.
So the client ended up being assessed on it anyway and made to pay the tax by this route.
Was advised last week that a client refund was being held up because we sent a paper 64-8 in with the repayment claim, and it wouldn't be processed until 22nd August.
Problem
Last time i tried filing a company limited by guarantee i couldn't because the online filing system did not allow the submission of accounts electronically when the share capital was 50p or less. Not aware that situation has changed and if not the answer will still be you can't. Spoke to Companies House and they acknolwedged that was the case.
Not sub licencing
The end user signs a support contract for each item of computer equipment they want to cover. In order to deliver the service the client allocates one licence for each item out of the 1000 they own outright. The use of a licence is not mentioned in the contract to the end user, and as far as they are concerned they are just receving a support service and how it is delivered is not relevant to them. They would not think they are acquiring any licence, and in reality they are not either.
This is actually slightly different to how it was first explained to me but is commercially how the process works.
Nothing atcually sold
The terms are such though that say a customer uses the licence for 2 years and ceases to use the service the licence comes back to the client to be used again, and again etc. Therefore, any purchase is just a right to use the licence whilst the monthly fee is paid. It does not give the end user any ultimate right to own the item.