by Generix on Thu Dec 22, 2011 6:32 pm
You might want to read the debenhams case which basically had retailers set up an in-house clearing co, and customers would - in some cases unknowingly - be paying an exempt fee (0.5% of transaction value)to the card handling co, and then the rest of the value would be assigned to the retail transaction and taxable...So kind of sought to get the same result as you are looking to, albeit keeping all the income in house.
Ultimately Debenhams lost - although mainly due to bad implementation, in any case subsequent cases seeking to achieve a similar position haven't done too well.
Also the case (forget the name - very recent) - possibly T-mobile (or a linked case) - stating that certain card handling services are actually taxable debt collection services, and not exempt under Sch9Grp5.
All semi related to your scenario/
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