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Where Taxpayers and Advisers Meet

Can I claim overpayment back on silent VAT?

Cloud
Posts:2
Joined:Thu Oct 05, 2017 8:38 am
Can I claim overpayment back on silent VAT?

Postby Cloud » Thu Oct 05, 2017 8:50 am

I own a franchise and the contract is silent on VAT regarding franchise fees. I have been getting charged VAT in addition to my fees and have just discovered that if silent it is deemed to be inclusive. My question now is can I stop paying the additional VAT and can I claim back overpayments?

les35
Posts:639
Joined:Wed Aug 06, 2008 3:09 pm

Re: Can I claim overpayment back on silent VAT?

Postby les35 » Fri Oct 06, 2017 11:44 am

Whether you can pay a lower amount is a contractual issue, and for your Solicitor to advise on.
If you do make a claim, what will that do for your relationship with the franchise?

Cloud
Posts:2
Joined:Thu Oct 05, 2017 8:38 am

Re: Can I claim overpayment back on silent VAT?

Postby Cloud » Fri Oct 06, 2017 4:48 pm

Whether you can pay a lower amount is a contractual issue, and for your Solicitor to advise on.
If you do make a claim, what will that do for your relationship with the franchise?
The contract is silent on VAT but they have started adding it when they became VAT registered a few months ago. I have only just found out that my payments should still be inclusive and could do with getting the overpayments back if possible.

bd6759
Posts:4270
Joined:Sat Feb 01, 2014 3:26 pm

Re: Can I claim overpayment back on silent VAT?

Postby bd6759 » Fri Oct 06, 2017 8:38 pm

The contract is silent on VAT but they have started adding it when they became VAT registered a few months ago. I have only just found out that my payments should still be inclusive and could do with getting the overpayments back if possible.
That clears up your original post.

If your agreement does not mention VAT, then the amount agreed is the amount you pay. You are not obliged to pay VAT on top of it.


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