(1)Subsections (2) to (5) below apply where—
(a)VAT is chargeable on—
(i)the supply of goods or services to a body to which this section applies,
(ii)the acquisition of any goods by such a body from another member State, or
(iii)the importation of any goods by such a body from a place outside the member States,
(b)the supply, acquisition or importation is attributable to the provision by the body of free rights of admission to a relevant museum or gallery, and
(c)the supply is made, or the acquisition or importation takes place, on or after 1st April 2001.
(2)The Commissioners shall, on a claim made by the body in such form and manner as the Commissioners may determine, refund to the body the amount of VAT so chargeable.
(3)The claim must be made before the end of the claim period.
(4)Subject to subsection (5) below, “the claim period” is the period of 3 years beginning with the day on which the supply is made or the acquisition or importation takes place.
(5)If the Commissioners so determine, the claim period is such shorter period beginning with that day as the Commissioners may determine.
(6)Subsection (7) below applies where goods or services supplied to, or acquired or imported by, a body to which this section applies that are attributable to free admissions cannot conveniently be distinguished from goods or services supplied to, or acquired or imported by, the body that are not attributable to free admissions.
(7)The amount to be refunded on a claim by the body under this section shall be such amount as remains after deducting from the VAT related to the claim such proportion of that VAT as appears to the Commissioners to be attributable otherwise than to free admissions.
(8)For the purposes of subsections (6) and (7) above—
(a)goods or services are, and VAT is, attributable to free admissions if they are, or it is, attributable to the provision by the body of free rights of admission to a relevant museum or gallery;
(b)the VAT related to a claim is the whole of the VAT chargeable on—
(i)the supplies to the body, and
(ii)the acquisitions and importations by the body,
to which the claim relates.
(9)The Treasury may by order—
(a)specify a body as being a body to which this section applies;
(b)when specifying a body under paragraph (a), specify any museum or gallery that, for the purposes of this section, is a “relevant” museum or gallery in relation to the body;
(c)specify an additional museum or gallery as being, for the purposes of this section, a “relevant” museum or gallery in relation to a body to which this section applies;
(d)when specifying a museum or gallery under paragraph (b) or (c), provide that this section shall have effect in the case of the museum or gallery as if in subsection (1)(c) there were substituted for 1st April 2001 a later date specified in the order.
(10)References in this section to VAT do not include any VAT which, by virtue of any order under section 25(7), is excluded from credit under that section.
Textual Amendments
F1S. 33A inserted (11.5.2001 for specified purposes otherwise 1.9.2001) by 2001 c. 9, s. 98(2)(10)(11)
Modifications etc. (not altering text)
C1S. 33A applied (with modifications) (1.9.2001) by S.I. 2001/2879, arts. 2-4, Sch.