Motion made, and Question,
That the provisions set out below shall have effect.
And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
(1) For section 7(6) of the Finance Act 1972 (Commissioners' power to extend period within which issue of tax invoice by supplier fixes time of supply) there shall be substituted—
"(6) The Commissioners may, at the request of a taxable person, by direction alter the time at which supplies made by him (or such supplies made by him as may be specified in the direction) are to be treated as taking place, either—
(a) by directing those supplies to be treated as taking place at times or on dates when some event described in the direction takes place or would in the ordinary course of events take place (being times or dates earlier than would otherwise apply); or (b) by directing that subsection (5) of this section shall apply in relation to those supplies as if for the period of fourteen days there were substituted such longer period as may be specified in the direction; or (c) by directing that where, in respect of any of those supplies, a tax invoice is issued by him within the period of fourteen days mentioned in subsection (5) of this section or such longer period as may be substituted therefor in his case by a direction under the preceding paragraph, the supply shall be treated as taking place at the end of the working period (as defined in his case in and for the purposes of the direction) in which, apart from subsections (4) and (5) of this section and any direction under this subsection, it would have been treated as taking place under subsection (2) or (3) of this section.
A direction under this subsection shall have effect notwithstanding anything in, or in any regulations made under, the provisions of this section."
(2) Any direction in force under the said section 7(6) immediately before the date on which this Resolution is passed shall have effect on and after that date as if given under paragraph (b) of that subsection as substituted by paragraph (1) of this Resolution; and where there were in force immediately before that date arrangements between the Commissioners of Customs and Excise and any taxable person for supplies made by him (or such supplies made by him as were specified in the arrangements) to be treated as taking place at times or dates which, had paragraph (1) of this Resolution been in force when the arrangements were made, could have been provided for by a direction or directions under section 7(6) and so substituted, he shall be treated for the purposes of the said section 7(6) as having requested the Commissioners to give a direction or directions thereunder to the like effect, and the Commissioners may give a direction or directions (or a general direction applying to cases of any class or description specified in the direction) accordingly.
(3) Where a taxable person provides a document to himself which purports to be a tax invoice in respect of a supply of goods or services to him by another taxable person and is in accordance with regulations under section 30 of the Finance Act 1972 treated as the tax invoice required by the regulations to be provided by the supplier, section 7(5) and (6)(b) and (c) of the Finance Act 1972 (under which the time of supply depends on the issue of a tax invoice by the supplier) shall have effect in relation to that supply as if the provision of the document to himself by the first-mentioned taxable person were the issue by the supplier of a tax invoice in respect of the supply and as if any notice of election given or request made by the first-mentioned taxable person for the purposes of these provisions had been given or made by the supplier.—[Mr. Healey.]
put forthwith pursuant to Standing Order No. 94 (Ways and Means motions), and agreed to.