Alpha will not refund anything - see this:
Me:
Hello Alpha,
>
> Ive cancelled my order and want my money back. Here are the rules
> you put on the web, Its also screenshoted on many forums:
>
here is screenshot of https://alpha-t.net/terms-order/ where is not any word about 5 month and after that nothing is refunded> Cancellation & Refund Policy
>
> You may cancel your order at any time before shipment. Once the
> equipment has been shipped, it is no longer to possible to cancel your
> order and/or request a refund. Should you encounter a problem with
> your product, please see the warranty section for more information
> regarding warranty on our products.
>
> Should you cancel your order, you agree that we are allowed to charge
> you with a £70 GBP administrative fee. We will deduct the
> administrative fee from the amount due to be refunded to you in
> accordance with the terms above before we process the refund. We may
> also deduct transaction fees from the to be refunded amount in the
> event that your payment method or credit card issuer does not support
> refunds, thereby forcing us to refund you in another manner.
>
> So Im expecting 1565,- £ coming to my bank account.
>
> Please note me within one week when I can expect my money , thank you.
> Just one important information my order number is xxxxx
> Maybe just one more:
> I am not a business customer because i dont have a company
> registration number, I dont have a tax number, I even wasnt asked for
> that kind of information at the moment i placed my order, a placement
> of an order on your website doesnt turn me into a business customer,
> im still an individual.
And their reply:
Hello there,
We are very sorry but as per our cancellation policy it has been longer
than 5 months since you placed your order therefore you are no longer
eligible for a refund. We have been very clear and open with our terms
of order, it was released as a news update, it is easily available on
our website and you are urged to view it on the product page before you
order.
Such regulations only apply to consumers and you are a business
customer with us. I can assure you that our legal matters are dealt with
by a leading law firm in the UK. Our terms of order are completely legal
in the UK. It was typed up by solicitors who specialize in this area of
law. They have advised us that all our customers will be legally classed
as businesses for many reasons, one being that the hardware we are
selling can only be used for
mining cryptocurrencies which is a business
practice according to HMRC.
Best Regards,
Alpha Technology Team
...So, what now? What can I do? I'm not in UK, but Czech republic. What dou you suggest?
Sorry Fiaz but NO WHERE in the HMRC does it say that mining cryptocurrencies is only a business activity. I think your lawyers screwed you because they were idiots when they advised you so. Maybe you should have gotten a second opinion from a law firm outside of Moss Side.
BTW thanks for posting the email. This is the first time I noticed Fiaz was quoting that he was referring to the HMRC guidance. Even before their recent revision on cryptocurrencies, HMRC identified that all generation of profits from cryptocurrency transactions are taxable as corporate OR personal income tax. There was not specification that the income generated was specifically corporate tax. I hope this puts this B#$@#HIT that Fiaz is spouting to rest.
http://www.hmrc.gov.uk/briefs/vat/brief0914.htmCorporation Tax, Income Tax and Capital Gains Tax treatment of Bitcoin and similar cryptocurrencies
As with any other activity, whether the treatment of income received from, and charges made in connection with, activities involving Bitcoin and other similar cryptocurrencies
will be subject to Corporation Tax, Income Tax or Capital Gains Tax depends on the activities and the parties involved.
Whether any profit or gain is chargeable or any loss is allowable will be looked at on a case-by-case basis taking into account the specific facts. Each case will be considered on the basis of its own individual facts and circumstances. The relevant legislation and case law will be applied to determine the correct tax treatment. Therefore, depending on the facts, a transaction may be so highly speculative that it is not taxable or any losses relievable.. For example gambling or betting wins are not taxable and gambling losses cannot be offset against other taxable profits.
For businesses which accept payment for goods or services in Bitcoin there is no change to when revenue is recognised or how taxable profits are calculated.
Corporation Tax: The profits or losses on exchange movements between currencies are taxable. For the tax treatment of virtual currencies, the general rules on foreign exchange and loan relationships apply. We have not at this stage identified any need to consider bespoke rules.
For companies, exchange movements are determined between the companys functional currency (usually the currency in which the accounts are prepared) and the other currency in question. If there is an exchange rate between Bitcoin and the functional currency then this analysis applies. Therefore no special tax rules for Bitcoin transactions are required. The profits and losses of a company entering into transactions involving Bitcoin would be reflected in accounts and taxable under normal Corporation Tax rules.
Income Tax: The profits and losses of a non-incorporated business on Bitcoin transactions must be reflected in their accounts and will be taxable on normal income tax rules.
Chargeable gains - Corporation Tax and Capital Gains Tax: If a profit or loss on a currency contract is not within trading profits or otherwise within the loan relationship rules, it would normally be taxable as a chargeable gain or allowable as a loss for Corporation Tax or Capital Gains Tax purposes.
Gains and losses incurred on Bitcoin or other cryptocurrencies are chargeable or allowable for Capital Gains Tax if they accrue to an individual or, for Corporation Tax on chargeable gains if they accrue to a company.