The Finance Act 2021, Section 95 and Schedule 18 (Distance Selling: Northern Ireland) (Appointed Day No. 1 and Transitory Provision) Regulations 2021

Statutory Instruments

2021 No. 770 (C. 41)

Value Added Tax

The Finance Act 2021, Section 95 and Schedule 18 (Distance Selling: Northern Ireland) (Appointed Day No. 1 and Transitory Provision) Regulations 2021

Made

28th June 2021

The Treasury make these Regulations in exercise of the powers conferred by section 95(3), (4), (7) and (8) of the Finance Act 2021(1).

In accordance with section 95(3) of the Finance Act 2021, the Treasury consider it appropriate, in connection with the coming into force of section 95 of, and Schedule 18 to, that Act, to make the transitory provision in regulations 5 to 8.

Citation U.K.

1.  These Regulations may be cited as the Finance Act 2021, Section 95 and Schedule 18 (Distance Selling: Northern Ireland) (Appointed Day No. 1 and Transitory Provision) Regulations 2021.

Commencement Information

I1 Reg. 1 in force at made date

Interpretation U.K.

2.  In these Regulations—

“FA 2021” means the Finance Act 2021;

“Schedule 9ZD” means Schedule 9ZD to VATA 1994 as inserted by paragraph 6 of Schedule 18;

“Schedule 9ZE” means Schedule 9ZE to VATA 1994 as inserted by paragraph 6 of Schedule 18;

“Schedule 9ZF” means Schedule 9ZF to VATA 1994 as inserted by paragraph 6 of Schedule 18;

“Schedule 18” means Schedule 18 to FA 2021;

“VATA 1994” means the Value Added Tax Act 1994(2).

Commencement Information

I2 Reg. 2 in force at made date

Commencement provisions U.K.

3.  Section 95(1) of and Schedule 18 to FA 2021 so far as they are not already in force come into force on 1st July 2021 subject to the exceptions and restrictions set out in regulation 4.

Commencement Information

I3 Reg. 3 in force at made date

(1) The exceptions are— (a) Parts 2 and 5 of... U.K.

4.—(1) The exceptions are—

(a) Parts 2 and 5 of Schedule 9ZE;

(b) Part 3 of Schedule 9ZE, except paragraph 10(5);

(c) Paragraph 42(1)(a) and (b) of Part 7 of Schedule 9ZE;

(d) Part 3 of Schedule 9ZF, except paragraphs 14 to 17.

(2) The restrictions are—

(a) Paragraph 10(1) to (4) of Part 3 of Schedule 9ZE comes into force on 1st July 2021 for the purposes of establishing whether paragraph 10(5) applies (but not otherwise);

(b) Paragraph 18 of Part 3 of Schedule 9ZF comes into force on 1st July 2021 so far as the provisions which it introduces (by way of modification of the Value Added Tax Regulations 1995(3)) relate to provisions in Schedule 9ZD and 9ZE which are brought into force by these Regulations (but not otherwise).

Commencement Information

I4 Reg. 4 in force at made date

Transitory provisions U.K.

F1 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 5-8 omitted (1.12.2021) by virtue of The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1164), regs. 1, 35

Schedule 9ZE is to be read as if— U.K.

F1 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 5-8 omitted (1.12.2021) by virtue of The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1164), regs. 1, 35

The modifications made by regulations 8 and 9 no longer... U.K.

F1 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 5-8 omitted (1.12.2021) by virtue of The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1164), regs. 1, 35

Power for the Commissioners to make transitory provisions U.K.

F1 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Regs. 5-8 omitted (1.12.2021) by virtue of The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021 (S.I. 2021/1164), regs. 1, 35

James Morris

Michael Tomlinson

Two of the Lords Commissioners of Her Majesty’s Treasury

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force on 1st July 2021 the bulk of the provisions of Schedule 18 to the Finance Act 2021 (c. 26) (“FA 2021”) related to value added tax and distance selling, which implement Council Directive (EU) 2017/2455 so far as relevant to the United Kingdom’s obligations under the Protocol on Ireland/Northern Ireland in the EU Withdrawal Agreement(4) (“the Protocol”). These are the first appointed day Regulations made under s.95 of FA 2021.

Regulation 3 brings into force section 95(1) and Schedule 18 of FA 2021 to the extent that those provisions are not already in force and subject to the exceptions and restrictions in regulation 4.

Regulation 4 sets out the provisions in section 95(1) and Schedule 18 of FA 2021 that are not being brought into force by these Regulations, and those which are being brought into force to a limited extent.

Regulations 5 and 6 make transitory provisions to modify references related to Import One Stop Shop (IOSS). Regulation 7 provides that these temporary measures will only have effect until 31st December 2021 or, if earlier, the date when the modifications are made by way of amendment or modification to the Value Added Tax Act 1994 (c. 23).

Regulation 8 provides a power for the Commissioners for Her Majesty’s Revenue and Customs to make transitory provision in a public notice relating to interim procedures and conditions for establishing whether a supply qualifies for relief from import VAT under paragraph 37 of Schedule 9ZE. Any such notice will cease to have effect on 1st April 2022, and no notice may be made under regulation 8 on or after that date. A public notice made under regulation 8 will be made available on the www.gov.uk website as described in that link. Free of charge hard copies will be available on request from the HMRC helpline on 0300 200 3700 ([phone] for outside the UK requests) or by writing to HM Revenue and Customs – VAT Written Enquiries Team, 123 St. Vincent Street, Glasgow City, Glasgow G2 5EA, United Kingdom.

A Tax Information and Impact Note has not been prepared for these Regulations as they give effect to previously announced policy.

(1)

2021 c. 26.

(2)

1994 c. 23. Section 3 of the Taxation (Post-Transition Period) Act 2020 (c. 26) inserts section 40A and Schedules 9ZA to 9ZC into VATA 1994.

(3)

S.I. 1995/2518, to which there are amendments not relevant to these Regulations.

(4)

See the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community 2019/C 384 1/01 at https://www.legislation.gov.uk/eut/withdrawal-agreement/contents/adopted. A hard copy is available for inspection free of charge at the offices of HMRC at 100 Parliament Street, London, SW1A 2BQ.