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Official guidance
VAT Flat Rate Scheme

FRS6000 · Anti-Avoidance Rules

  • FRS6100 · What are the anti-avoidance exclusions?
  • FRS6200 · What is the definition of an associated business?
  • FRS6300 · How are the tests of 'dominant influence' and 'organisational links' to be interpreted?
  • FRS6400 · Are there any circumstances in which HMRC can allow associated businesses to join or remain in the scheme?
  • FRS6500 · How is VAT reclaimed on ‘capital expenditure goods’?
  • FRS6600 · What is the treatment of capital assets on leaving the flat rate scheme?
  1. Anti-Avoidance Rules: Contents
  2. Anti-Avoidance Rules: What is the definition of an associated business?

FRS6200 | Anti-Avoidance Rules: What is the definition of an associated business?

From HM Revenue & Customs · VAT Flat Rate Scheme

Regulation 55A(2) of VAT Regulations 1995 excludes any business that is associated with another person, whether or not that person is a corporate body or a natural person and irrespective of the taxable status of the person.

The regulation defines association as any case where:

  • the business of one is under the dominant influence of the other or

  • the persons are closely bound to one another by financial, economic and organisational links.

FRS6300 explains how ‘dominant influence’ and ‘organisational links’ are to be interpreted.

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