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18 Value Added Tax (Non-Business Use Of Business Property)

Volume 403: debated on Monday 14 April 2003

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Resolved,

That—

(1) After sub-paragraph (4) of paragraph 5 of Schedule 4 to the Value Added Tax Act 1994 there shall be inserted—

"(4A) Notwithstanding paragraph 9(1) below, sub-paragraph

(4) above does not apply to—

  • (a) any interest in land,
  • (b) any building or part of a building,
  • (c) any civil engineering work or part of such a work, or
  • (d) any goods incorporated or to be incorporated in a building or civil engineering work (whether by being installed as fixtures or fittings or otherwise).".
  • (2) This Resolution shall have effect on and after 9th April 2003.

    (3) This Resolution shall not apply in relation to any asset in respect of which the person in question or any of his predecessors became entitled before that date to a credit or repayment as mentioned in paragraph 5(5)(a) or 5(5)(b) of Schedule 4 to the Value Added Tax Act 1994.

    (4) In paragraph (3) above—

  • (a) "the person in question" means the person carrying on the business referred to in sub-paragraph (4) of paragraph 5 of that Schedule;
  • (b) "predecessor" has the same meaning as in that paragraph;
  • (c) the reference to an "asset" is to anything falling within any of paragraphs (a) to (d) of the sub-paragraph (4A) inserted into that paragraph by paragraph (1) above.
  • 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.