The Value Added Tax Regulations 1995

Interpretation of Part XXU.K.

173.  —

(1) In this Part—

F1...

“claimant” means a person making a claim under this Part or a person on whose behalf such a claim is made;

[F2“claimant’s member State” means the member State in which the claimant is established;]

F1...

[F2“principal VAT Directive” means Council Directive 2006/112/EC;]

[F2“refund Directive” means Council Directive 2008/9/EC;]

[F2“repayment period” means a period of time falling within one of the periods described in regulation 173G;]

[F2“repayment year” means the period of 12 calendar months commencing on 1st January.]

[F3(2) For the purposes of this Part, a person (P) is treated as being established in a country if—

(a)P has there a business establishment or some other fixed establishment from which business transactions are effected; or

(b)P’s usual place of residence is there where P has no such establishment as is described in sub-paragraph (a) above in that country or elsewhere.]

(3) For the purposes of this Part—

(a)a person carrying on business through a branch or agency in any country is treated as having there an establishment from which business transactions are effected, F4...

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

[F5(c)a reference to Article 170 of the principal VAT Directive is a reference to that Article—

(i)as amended by Article 2(3) of the Council Directive 2008/8/EC, and

(ii)as applied in the claimant’s member State;

(d)a reference to Article 214 of the principal VAT Directive is a reference to that Article—

(i)as amended by Article 2(8) of Council Directive 2008/8/EC, and

(ii)as applied in the claimant’s member State;

(e)a reference to any other Article in the principal VAT Directive or to any Article in the refund Directive is a reference to such Article as applied in the claimant’s member State; and

(f)a reference to Council Regulation (EC) No 1798/2003 is a reference to that Regulation as amended by Council Regulations (EC) No 885/2004, (EC) No 1791/2006, (EC) No 143/2008 and (EC) No 37/2009.]