Skip to main content

Application Of Provisions Relating To Vat

Volume 403: debated on Monday 14 April 2003

The text on this page has been created from Hansard archive content, it may contain typographical errors.

Registration under this Act

17 Notwithstanding any provision in this Act to the contrary, a participant in the special scheme is not required to be registered under this Act by virtue of making qualifying supplies. De-registration

18 Where a person who is registered under Schedule 1 satisfies the Commissioners that he intends to apply for—

  • (a) registration under this Schedule, or
  • (b) identification under any provision of the law of another member State which implements Article 26c,
  • they may, if he so requests, cancel his registration under Schedule 1 with effect from the day on which the request is made or from such later date as may be agreed between him and the Commissioners.

    VAT representatives

    19 Section 48(1) (VAT representatives) does not permit the Commissioners to direct a participant in the special scheme to appoint a VAT representative.

    Appeals

    20 (1) An appeal shall lie to a tribunal with respect to any of the following—

  • (a) the registration or cancellation of the registration of any person under this Schedule;
  • (b) a decision of the Commissioners to give a notice under sub-paragraph (1) of paragraph 16 above;
  • (c) the amount specified in any such notice or in a notice under sub-paragraph (2) of that paragraph.
  • (2) Part 5 (appeals), and any orders or regulations under that Part, have effect in relation to an appeal under this paragraph as if it were an appeal under section 83 (but not under any particular paragraph of that section).

    Payments on account of non-UK VAT to other member States

    21 (1) Neither—

  • (a) paragraph 1(2) of Schedule 11, nor
  • (b) section 10 of the Exchequer and Audit Departments Act 1866,
  • applies to money or securities for money collected or received for or on account of VAT if required to be paid to another member State by virtue of the VAT Co-operation Regulation.

    (2) In sub-paragraph (1) above, "the VAT Co-operation Regulation" means the Council Regulation of 27 January 1992 on administrative co-operation in the field of indirect taxation (VAT) (218/92/EEC), as amended by the Council Regulation of 7 May 2002 (792/2002/EC) (which temporarily amends the VAT Co-operation Regulation as regards additional measures regarding electronic commerce).

    Refund of UK VAT

    22(1) The provisions which give effect to the 1986 VAT Refund Directive in the United Kingdom have effect in relation to a participant in the special scheme, but with the following modifications.

    (2) The provision which gives effect to Article 2(1) of the 1986 VAT Refund Directive (as at 9th April 2003, see regulation 186 of the Value Added Tax Regulations 1995) shall apply in relation to a participant in the special scheme, but only so as to entitle him to a refund of VAT charged on—

  • (a) goods imported by him into the United Kingdom, and
  • (b) supplies made to him in the United Kingdom,
  • in connection with the making by him of qualifying supplies while he is a participant in the special scheme.

    (3) The following provisions shall be omitted.

    (4) The first provision is that which gives effect to Article 1(1) of the 1986 VAT Refund Directive, so far as it requires a member State to prevent a person who is deemed to have supplied services in that member State during a period from being granted a refund of VAT for that period (as at 9th April 2003, see regulation 188(2)(b) of the Value Added Tax Regulations 1995).

    (5) The second provision is that which gives effect to Article 2(2) of the 1986 VAT Refund Directive (which permits member States to make refunds conditional upon the granting by third States of comparable advantages regarding turnover taxes: as at 9th April 2003, see regulation 188(1) of the Value Added Tax Regulations 1995).

    (6) The third provision is that which gives effect to Article 2(3) of the 1986 VAT Refund Directive (which permits member States to require the appointment of a tax representative: as at 9th April 2003, see regulation 187 of the Value Added Tax Regulations 1995).

    (7) The fourth provision is that which gives effect to Article 4(2) of the 1986 VAT Refund Directive (which permits member States to provide for the exclusion of certain expenditure and to make refunds subject to additional conditions).

    (8) In this paragraph "the 1986 VAT Refund Directive" means the Thirteenth Council Directive of 17th November 1986 on the harmonisation of the laws of the member States relating to turnover taxes—arrangements for the refund of value added tax to taxable persons not established in Community territory (86/560/EEC).