New Trading As name for "old" CC

**mbsmit** · 20-Oct-11, 03:06 AM

Hi there,

Used this company a while back. Perhaps they can advise you?:

www.register-a-business.co.za

Regards,
Mr. Smit

**iessa** · 23-May-13, 09:17 AM

Hi,

What is the quickest way to register a company? I have applied for reservation of a name. Just concerned about posting my documents to CIPC and getting them lost in the mail or the department without any trace of them. Are there companies or agents that will walk the documents in?

**Mike C** · 04-Feb-14, 03:09 PM

you have to register a trading name

Does anyone have any update on this matter? I have a customer whose VAT certificate is made out in a certain name, but they say that they are "Trading As" another name. As VAT is going to be involved here we are wanting to do the correct thing. If SARS queries the Invoice and the names do not match up (but the VAT Number does) is it going to be a problem?

**Dave A** · 04-Feb-14, 08:51 PM

If the company (XYZ) is registered for VAT, and the tax invoice has "XYZ trading as ABC", surely that would fly.

A little layout manipulation to try to reduce client confusion could be:

XYZ Ltd t/a
ABC Trading

I've also noticed some tax invoices I receive where the header just has the trading name, but the t/a relationship is disclosed elsewhere - near the banking details for EFT payments, for example.

**Blurock** · 04-Feb-14, 10:42 PM

Originally Posted by iessa

Hi,

What is the quickest way to register a company? I have applied for reservation of a name. Just concerned about posting my documents to CIPC and getting them lost in the mail or the department without any trace of them. Are there companies or agents that will walk the documents in?

Try the Shelf Company Warehouse in Musgrave Centre or online www.pty-online.co.za

durban@pty-online.co.za

I was very happy with their service. Quick turnaround and very reasonable fees.

**Mike C** · 05-Feb-14, 07:25 AM

HI Dave,

That would be ok if they were suppliers, but they are customers. When we charged them VAT it was only then that they sent through a VAT103 (saying Zero Rated) which was in a different name and address, but using the same VAT number.

Do you think that it is ok to just change OUR invoice to the new name with a "trading as" in brackets after it ... or is there fraud afoot here?

**Dave A** · 05-Feb-14, 07:31 AM

Originally Posted by Mike C

or is there fraud afoot here?

Are you still raising VAT on your invoice?

**Mike C** · 05-Feb-14, 07:35 AM

No - if we change the name on our Invoice we will have to do credit notes and re-issue as Zero-rated.

**Dave A** · 05-Feb-14, 08:34 AM

That does make it a rather significant issue - and as you suggest, potentially open the door to fraud.

As chance would have it, I was reading up on this SARS page on Tax Clearance Certificates. This section at the bottom seems relevant to the discussion at hand:

What name will be on the certificate?

The “Trading Name” will not be reflected on the Tax Clearance Certificate - only the legal names that are on SARS’s records will be reflected. What this means is, the legal names in SARS’s records per tax reference number will pre-populated next to each reference number reflected on the Tax Clearance Certificate.

If you don’t agree with the names pre-populated, you will have to update your registered particulars at a SARS branch with relevant supporting documents, e.g. Company registration documents as provided by the Companies and Intellectual Property Commission (CIPC).

We’ve made this change in our efforts to guard against fraud and the misuse of the Tax Clearance Certificate.

Perhaps the answer is to put the problem back in the client's court - prove the connection or pay the VAT.

**CLIVE-TRIANGLE** · 05-Feb-14, 02:13 PM

Originally Posted by Mike C

HI Dave,

That would be ok if they were suppliers, but they are customers. When we charged them VAT it was only then that they sent through a VAT103 (saying Zero Rated) which was in a different name and address, but using the same VAT number.

Do you think that it is ok to just change OUR invoice to the new name with a "trading as" in brackets after it ... or is there fraud afoot here?

This is somewhat strange. Vendors are not zero rated, products are....

The VAT 103 is a registration certificate. In other words the registered party is obliged to charge VAT and can claim input credits against that charged. It does not mention zero rating at all. Regardless anyway of what his 103 says, you as a vendor are obliged to charge VAT.