Quote from: r-man on July 27, 2014, 08:55:05 PM

Quote from: r-man on July 22, 2014, 10:18:36 PM

Thanks2All for advices, here is email I just send them:

Hello Alpha,

1. Well I must say just again, that I'm not a business customer, I'm an individual. Ask MJAkram, your Accounts manager, he understands it , see attached Tax01. You don't even know for what I would use purchased hardware, so the statement "the hardware we are selling can only be used for mining cryptocurrencies which is a business practice according to HMRC" is completely nonsense. What if I use it for science/experimentation purposes?

2. I have no business license, I am a standart consumer and I'm not acting as a business. That's only your fradulent claim. There is NO WHERE in the HMRC does it say that mining cryptocurrencies is only a business activity. HMRC do not classify mining as a business activity, it can be done as an individual and profits treated as a Capital Gain not income. See this:
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.htm

Corporation 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.

3. About the terms - what terms did you fulfiled? The one about updates every week? With video and/or pictures? Or the one about project completion on 15.7.2014 (See the roadmap attachment.)? If you are going to consider your news items as contractual terms, then what about the other terms you are violating??? See the roadmap attachment.

4. There has been UK Citizens Advice Bureau contacted and they clearly explain this about distance orders:
Your rights and obligations
When you enter into a contract with a trader by means of a distance communication (telephone, internet, mail order etc.) you will often have cancellation rights under what is known as the Distance Selling Regulations. These state you are entitled to a written notice confirming the details of your order and the fact you have cancellation rights. If you have been given the notice at the time you place the order, your cancellation rights run from the time of order until 7 working days starting from the day after you receive the goods. If you have not been provided with this written information, your cancellation rights are extended for up to 3 months and 7 working days. The trader must provide this refund within thirty days.

So as is written in my first email, I did everything according to law and now you have 30 days starting from 21.07.2014 to do a full refund to me.

Kind regards
...............

Their answer was:
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.

Best Regards,

Alpha Technology Team

Interesting they aren't touting the HMRC designates you as a business. Looks like they got a second legal opinion from real lawyers rather than the magic 8 ball they used previously. Not sure if they were advised to remove it or they are really scared that they are really doing something illegal as they deleted the Tax Geek blog very quickly after the discussions here about the HMRC guidelines.

You may have support once and if Alpha Tech ever ships.