The Value Added Tax (Amendment) (No. 2) Regulations 2009

Citation and commencement

8.  In regulation 107 (adjustment of attribution)—

(a) in paragraph (1) omit “, and where all his exempt input tax in that longer period cannot be treated as attributable to taxable supplies under regulation 106,”,

(b) at the end of paragraph (1) omit “shall”,

(c) for subparagraphs (a) to (c) substitute—

“(a) shall, subject to subparagraphs (b), (c) and (d) below, determine for the longer period the amount of input tax which is attributable to taxable supplies according to the method used in the prescribed accounting periods,

(b) shall, where he has provisionally attributed input tax in accordance with regulation 101(2)(e) in any prescribed accounting period, determine for the longer period the amount of residual input tax which is attributable to taxable supplies on the basis of the extent to which the goods or services are used or to be used by him in making taxable supplies,

(c) may, where he has not provisionally attributed input tax in accordance with regulation 101(2)(e) but was nevertheless entitled to do so, determine for the longer period the amount of residual input tax which is attributable to taxable supplies on the basis of the extent to which the goods or services are used or to be used by him in making taxable supplies,

(d) shall, where he has provisionally attributed residual input tax under regulation 101(2)(f), determine for the longer period the amount of residual input tax which is attributable to taxable supplies using the calculation specified in regulation 101(2)(d) subject to the provisions of regulation 101(3) to (5),

(e) shall apply the tests set out in regulation 106 to determine whether all input tax in the longer period in question shall be treated as attributable to taxable supplies,

(f) shall calculate the difference between the amount of input tax determined to be attributable to taxable supplies under subparagraphs (a) to (e) above and the amounts of input tax, if any, which were deducted in the returns for the prescribed accounting periods, and

(g) shall include any such amount of over-deduction or under-deduction in a return for—

(i) the first prescribed accounting period next following the longer period, or

(ii) the last prescribed accounting period in the longer period,

except where the Commissioners allow another return to be used.”,

(d) for paragraph (2), substitute—

“(2) Where a taxable person makes no adjustment as required by paragraph (1) above, the requirement shall be that the adjustment is made in the return for the first prescribed accounting period next following the longer period.”, and

(e) after paragraph (3) insert—

“(4) In this regulation “residual input tax” has the same meaning as in regulation 101(10).”.