Textual Amendments
F1Sch. 3A paras. 1-9 inserted (28.7.2000 with effect as mentioned in s. 136(10) of the amending Act) by 2000 c. 17, s. 136(8), Sch. 36
9(1)For the purposes of this Schedule a supply of goods is a relevant supply where—U.K.
(a)the supply is a taxable supply;
(b)the goods are assets of the business in the course or furtherance of which they are supplied; and
(c) the person by whom they are supplied, or a predecessor of his, has received or claimed, or is intending to claim, a repayment of VAT on the supply to him, or the importation by him, of the goods or of anything comprised in them.
(2)In relation to any goods, a person is the predecessor of another for the purposes of this paragraph if—
(a)that other person is a person to whom he has transferred assets of his business by a transfer of that business, or part of it, as a going concern;
(b)those assets consisted of or included those goods; and
(c)the transfer of the assets is one falling by virtue of an order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services;
and the reference in this paragraph to a person’s predecessor includes references to the predecessors of his predecessor through any number of transfers.
(3) The reference in this paragraph to a repayment of VAT is a reference to such a repayment under a scheme embodied in regulations made under section 39. ]