Value Added Tax Act 1994

[F1 PART 3 U.K. Liability, returns, payment etc

Textual Amendments

F1 Schs. 9ZD-9ZF inserted (10.6.2021 for specified purposes, 1.7.2021 for specified purposes, 1.3.2024 for specified purposes) by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 6; S.I. 2021/770, regs. 3, 4 (with regs. 5-7); S.I. 2024/130, regs. 3, 4

Liability to pay non-UK VAT to Commissioners U.K.

10 (1) This paragraph applies where a person (“P”)— U.K.

(a) makes a scheme supply, and

(b) is registered under the OSS scheme when the supply is made.

(2) P is liable to pay to the Commissioners the gross amount of VAT on the supply.

(3) The reference in sub-paragraph (2) to the gross amount of VAT on the supply is to the amount of VAT charged on the supply in accordance with the law of the member State in which the supply is treated as made, without any deduction of VAT pursuant to Article 168 of the VAT Directive.

OSS scheme returns U.K.

11 (1) A person (“P”) who is or has been registered under the OSS scheme must submit a return (an “OSS scheme return”) to the Commissioners for each reporting period. U.K.

(2) Each quarter for the whole or part of which P is registered under the OSS scheme is a “reporting period” for P.

OSS scheme returns: further requirements U.K.

12 (1) An OSS scheme return is to be made out in sterling. U.K.

(2) Any conversion from one currency into another for the purposes of sub-paragraph (1) is to be made using the exchange rates published by the European Central Bank—

(a) for the last day of the reporting period to which the OSS scheme return relates, or

(b) if no such rate is published for that day, for the next day for which such a rate is published.

(3) An OSS scheme return—

(a) must be submitted to the Commissioners before the end of the month following the month in which the last day of the reporting period to which it relates falls;

(b) must be submitted by such electronic means, and in such form and manner, as the Commissioners may direct (by means of a notice published by them or otherwise) or may by regulations require.

Payment U.K.

13 (1) A person who is required to submit an OSS scheme return must pay, by the deadline for submitting the return, the amounts required in accordance with paragraph 10 in respect of scheme supplies made in the reporting period to which the return relates. U.K.

(2) A payment under this paragraph must be made in such manner as the Commissioners may direct (by means of a notice published by them or otherwise) or may by regulations require.

Availability of records U.K.

14 (1) A person (“P”) who is registered under the OSS scheme must make available to the Commissioners, on request, any obligatory records P is keeping of transactions entered into by P while registered under the scheme. U.K.

(2) The records must be made available by electronic means.

(3) In sub-paragraph (1) “obligatory records” means records kept in accordance with an obligation imposed in accordance with Article 369k of the VAT Directive.

Amounts required to be paid to member States U.K.

15 U.K. Section 44 of the Commissioners for Revenue and Customs Act 2005 (requirement to pay receipts into the Consolidated Fund) does not apply to any money received for or on account of VAT that is required to be paid to a member State under Article 46 of Council Regulation (EU) No 904/2010.]