Finance Act 1987

13 Supplies abroad etc.

(1) The principal Act shall be amended as follows.

(2) In section 2(5), at the end there shall be added the words ", and a person who is registered under paragraph 11A of that Schedule is a taxable person (notwithstanding that he does not make and does not intend to make taxable supplies)".

(3) In section 48(1), for the definition of "taxable person" there shall be substituted—

• “'taxable person' means a person who is a taxable person under section 2(2) or (5) above;”.

(4) In Schedule 1, after paragraph 11 there shall be inserted—

“11A(1) Where a person satisfies the Commissioners that he is within sub-paragraph (2) below, they may, if he so requests and they think fit, register him from such date and subject to such conditions as they think fit.

(2) A person is within this sub-paragraph if—

(a) he has a business establishment in the United Kingdom or his usual place of residence is in the United Kingdom;

(b) he does not make and does not intend to make taxable supplies; and

(c) he makes or intends to make in the course or furtherance of his business supplies within sub-paragraph (3) below.

(3) A supply is within this sub-paragraph if—

(a) it is made outside the United Kingdom but it would be a taxable supply if made in the United Kingdom; or

(b) section 35 of this Act provides that it is to be disregarded for the purposes of this Act, and it would otherwise be a taxable supply.

(4) The Commissioners may at any time, if they think fit, cancel as from that time the registration of a person who is not liable to be registered and whose registration was effected under this paragraph.

(5) A registered person whose registration was effected under this paragraph shall, if he makes or forms the intention of making taxable supplies, notify the Commissioners within thirty days that he has done so or formed the intention of doing so.

(6) Conditions under sub-paragraph (1) above—

(a) may be imposed wholly or partly by reference to, or without reference to, any conditions prescribed for the purposes of this paragraph; and

(b) may (whenever imposed) be subsequently varied by the Commissioners.

(7) Where the Commissioners refuse to act on a request made by a person under sub-paragraph (1) above, or where they cancel a person's registration under sub-paragraph (4) above, they shall give him written notice of their decision and of the grounds on which it was made.

(8) For the purposes of this paragraph—

(a) a person carrying on a business through a branch or agency in the United Kingdom shall be treated as having a business establishment in the United Kingdom; and

(b) 'usual place of residence', in relation to a body corporate, means the place where it is legally constituted.”.

(5) In Schedule 5, item 2 of and Note (1) to Group 15 shall cease to have effect.