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Confusion related to Accelerated Settlement - Turnover basis

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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snt
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Confusion related to Accelerated Settlement - Turnover basis

Post by snt » Fri Apr 21, 2017 8:36 pm

I have had a long discussion with my solicitor on the matter.

as per my understanding from Tier 1 Entrepreneur policy guideline (04/2017), paragraphs

216. 4).
218.
219.

One is eligible for Accelerated settlement if you have achieved a combined Turnover of £5 million in initial granted leave of 3 Years & 4 months.

Whereas my solicitor is of an opinion that the term used in paragraph 219 is "Gross Income" which ideally is your income before taxes and not the turnover.

I would like to hear your opinion on this. Specially from people who have recently applied under this scheme and have been successful.

cheers!

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Fri Apr 21, 2017 9:09 pm

Your solicitor is correct in the sense that turnover IS gross income ( total sales). How do you define turnover



I do not recall any successful accelerated based on turnover on this forum. There was a recent unsuccessful one. I'll try to search for the case when on PC

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Fri Apr 21, 2017 9:18 pm

seasky wrote:Your solicitor is correct in the sense that turnover IS gross income ( total sales). How do you define turnover

I do not recall any successful accelerated based on turnover on this forum. There was a recent unsuccessful one. I'll try to search for the case when on PC
According to him Gross Income is not just the total sales BUT total sales - Cost of Goods Sold. see below link for screenshot.

http://bit.ly/2od2oIP

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Fri Apr 21, 2017 10:27 pm

snt wrote:
seasky wrote:Your solicitor is correct in the sense that turnover IS gross income ( total sales). How do you define turnover

I do not recall any successful accelerated based on turnover on this forum. There was a recent unsuccessful one. I'll try to search for the case when on PC
According to him Gross Income is not just the total sales BUT total sales - Cost of Goods Sold. see below link for screenshot.

http://bit.ly/2od2oIP
I am pretty sure Turnover=sales. I have asked my CFO for HMRC/ICAEW definition and will report back

snt
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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Fri Apr 21, 2017 10:28 pm

seasky wrote:
snt wrote:
seasky wrote:Your solicitor is correct in the sense that turnover IS gross income ( total sales). How do you define turnover

I do not recall any successful accelerated based on turnover on this forum. There was a recent unsuccessful one. I'll try to search for the case when on PC
According to him Gross Income is not just the total sales BUT total sales - Cost of Goods Sold. see below link for screenshot.

http://bit.ly/2od2oIP
I am pretty sure Turnover=sales. I have asked my CFO for HMRC/ICAEW definition and will report back
appreciate your assistance. let's see!

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by zimba » Sat Apr 22, 2017 12:35 am

Turnover is the TOTAL SALES of your business, it has NOTHING to do with the costs. The only things that are not included are generally credits taken, loans or any other money you received that is not from the sales of goods/services.
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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Sat Apr 22, 2017 12:38 am

zimba88 wrote:Turnover is the TOTAL SALES of your business, it has NOTHING to do with the costs. The only things that are not included are generally credits taken, loans or any other money you received that is not from the sales of goods/services.
thanks Zimba but how to be sure how HO interprets it?

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by zimba » Sat Apr 22, 2017 12:53 am

snt wrote:thanks Zimba but how to be sure how HO interprets it?
Let's see what Companies Act 2006 Section 474 says:
“turnover”, in relation to a company, means the amounts derived from the provision of goods and services, after deduction of
(a)trade discounts,
(b)value added tax, and
(c)any other taxes based on the amounts so derived;
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Re: Confusion related to Accelerated Settlement - Turnover b

Post by Malikwaheed » Sat Apr 22, 2017 3:37 am

Just want to update you on turnover you are 100% right turnover is equal to sale but in my case they count net sale which is also wrong my total sale was 6.7m but the case worker make only 4.5m.so you need to be very careful I will suggest you apply extension first and then apply ilr otherwise you might get refusal just because of spelling mistake or may be case worker says today weather is not sunny so am refusing your application.

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Sat Apr 22, 2017 1:36 pm

Malikwaheed wrote:Just want to update you on turnover you are 100% right turnover is equal to sale but in my case they count net sale which is also wrong my total sale was 6.7m but the case worker make only 4.5m.so you need to be very careful I will suggest you apply extension first and then apply ilr otherwise you might get refusal just because of spelling mistake or may be case worker says today weather is not sunny so am refusing your application.
Malik, you never shared we CW did not accept 2.2m of revenue (right or wrong...)? Without that info ur case does not help OP.
Clearly VAT alone does not cover that.

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by Malikwaheed » Sat Apr 22, 2017 6:29 pm

This is the question I ask them in AR. No reply till today it's exactly 30 days past today my Soliciter received yesterday letter from home office stating they need 14 days more time

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Sat Apr 22, 2017 9:27 pm

Malik,

So in refusal letter they just said they accept £4.5m and not the other £2.2m but without any reason (logical or not....)

Does yhe £6.7m include VAT?

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Sun Apr 23, 2017 11:46 pm

zimba88 wrote:
snt wrote:thanks Zimba but how to be sure how HO interprets it?
Let's see what Companies Act 2006 Section 474 says:
“turnover”, in relation to a company, means the amounts derived from the provision of goods and services, after deduction of
(a)trade discounts,
(b)value added tax, and
(c)any other taxes based on the amounts so derived;
thanks, that sums up my understanding as well

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Sun Apr 23, 2017 11:47 pm

seasky wrote:
snt wrote:
seasky wrote:Your solicitor is correct in the sense that turnover IS gross income ( total sales). How do you define turnover

I do not recall any successful accelerated based on turnover on this forum. There was a recent unsuccessful one. I'll try to search for the case when on PC
According to him Gross Income is not just the total sales BUT total sales - Cost of Goods Sold. see below link for screenshot.

http://bit.ly/2od2oIP
I am pretty sure Turnover=sales. I have asked my CFO for HMRC/ICAEW definition and will report back
@ seasky, did you manage to get some clarification on this?

seasky
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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Mon Apr 24, 2017 12:38 pm

snt wrote:
seasky wrote:
snt wrote:
seasky wrote:Your solicitor is correct in the sense that turnover IS gross income ( total sales). How do you define turnover

I do not recall any successful accelerated based on turnover on this forum. There was a recent unsuccessful one. I'll try to search for the case when on PC
According to him Gross Income is not just the total sales BUT total sales - Cost of Goods Sold. see below link for screenshot.

http://bit.ly/2od2oIP
I am pretty sure Turnover=sales. I have asked my CFO for HMRC/ICAEW definition and will report back
@ seasky, did you manage to get some clarification on this?
I am sitting with him now and still not getting a great answer (accountants....) some pointers (and this may be relevant to malik)

1. government grants are part of turnover
2. While VAT is clearly not part of turnover, but if you read sections (c) in Zimba's company house input you will see that "any other taxes based on the amounts so derived;" he says that could be the tariffs on car fuel and alcohol (Malik are you selling either of those?), which can be a large percentage of the customers sales (Fuel I know to be 65p per liter and with VAT the actual revenue is quite low....)

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Mon Apr 24, 2017 9:57 pm

seasky wrote:
I am pretty sure Turnover

I am sitting with him now and still not getting a great answer (accountants....) some pointers (and this may be relevant to malik)

1. government grants are part of turnover
2. While VAT is clearly not part of turnover, but if you read sections (c) in Zimba's company house input you will see that "any other taxes based on the amounts so derived;" he says that could be the tariffs on car fuel and alcohol (Malik are you selling either of those?), which can be a large percentage of the customers sales (Fuel I know to be 65p per liter and with VAT the actual revenue is quite low....)
great! so we all agree what turnover is.

now need to look for someone who actually got his/her accelerated ILR on the basis on turnover only. I see some successful cases on forum from 2011-12 but nothing significant after that.

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Tue Apr 25, 2017 10:57 am

snt wrote:
seasky wrote:
I am pretty sure Turnover

I am sitting with him now and still not getting a great answer (accountants....) some pointers (and this may be relevant to malik)

1. government grants are part of turnover
2. While VAT is clearly not part of turnover, but if you read sections (c) in Zimba's company house input you will see that "any other taxes based on the amounts so derived;" he says that could be the tariffs on car fuel and alcohol (Malik are you selling either of those?), which can be a large percentage of the customers sales (Fuel I know to be 65p per liter and with VAT the actual revenue is quite low....)
great! so we all agree what turnover is.

now need to look for someone who actually got his/her accelerated ILR on the basis on turnover only. I see some successful cases on forum from 2011-12 but nothing significant after that.
This forum it is what it is. I guess there are not many who have accelerated extension and among those who have a much higher percentage use solicitors and not this forum (though anecdotal evidence from this board seems many solicitors cause more pain than value, I have encountered this myself...)

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by snt » Fri May 12, 2017 10:55 am

seasky wrote: This forum it is what it is. I guess there are not many who have accelerated extension and among those who have a much higher percentage use solicitors and not this forum (though anecdotal evidence from this board seems many solicitors cause more pain than value, I have encountered this myself...)
we do have a recent success story posted here. uk-tier-1-entrepreneur-visas/tier-1-50- ... 30927.html

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Re: Confusion related to Accelerated Settlement - Turnover b

Post by seasky » Fri May 12, 2017 4:30 pm

snt wrote:
seasky wrote: This forum it is what it is. I guess there are not many who have accelerated extension and among those who have a much higher percentage use solicitors and not this forum (though anecdotal evidence from this board seems many solicitors cause more pain than value, I have encountered this myself...)
we do have a recent success story posted here. uk-tier-1-entrepreneur-visas/tier-1-50- ... 30927.html
Great and job well done. Took 11 months, quite an issue, not the way someone who leveraged a £50K investment to £5m profitable turnover should be handled. Either HO had doubts, had little experience in this matter or just generally incompetent

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