The Value Added Tax (Amendment) (No. 4) Regulations 2010

Adjustments to the deduction of input tax on capital items

13.  In regulation 115 (method of adjustment)—

(a) in paragraph (1)(a), for “regulation 114(3)(a) or (b)” substitute “regulation 114(3)(b)”;

(b) in paragraph (1)(b), for “regulation 114(3)(c)” substitute “regulation 114(3)(a)”;

(c) for paragraph (3) substitute—

“(3) Paragraph (3ZA) applies where, during an interval other than the last interval applicable to a capital item, the owner—

(a) supplies the whole or part of his interest in the capital item, or

(b) is deemed to supply the whole or part of his interest in the capital item, or

(c) would have been deemed to supply the whole of his interest in the capital item but for the fact that the VAT on the deemed supply (whether by virtue of its value or because it is zero-rated or exempt) would not have exceeded the sum specified in paragraph 8(1)(c) of Schedule 4 to the Act.

(3ZA) If the supply (or deemed supply) of the capital item referred to in paragraph (3) is—

(a) a taxable supply, the owner shall be treated as using the whole or part (as may be the case) of the capital item for each of the remaining complete intervals applicable to it wholly in making taxable supplies, or

(b) an exempt supply, the owner shall be treated as not using the whole or part (as may be the case) of the capital item for any of the remaining complete intervals applicable to it in making any taxable supplies,

and, in each case, the owner shall, except where paragraph (3A) applies, calculate for each of the remaining complete intervals applicable to the capital item, in accordance with paragraph (1) or (2) as the case may require, such amount as the owner may deduct or be liable to pay to the Commissioners.”;

(d) in paragraph (3A)—

(i) for “paragraph (3)” substitute “paragraph (3ZA)”; and

(ii) for “on the supply of that capital item” substitute “on the supply of the whole or part of that capital item”;

(e) in paragraph (3B), for “on the supply of the capital item” substitute “on the supply of the whole or part of the capital item”;

(f) for paragraph (4) substitute—

“(4) If a capital item is irretrievably lost or stolen or is totally destroyed, no further adjustment shall be made in respect of any remaining complete intervals applicable to it.”;

(g) for paragraph (5) substitute—

“(5) Subject to paragraph (5A), for the purposes of this Part —

“the adjustment percentage” means the difference (if any) between the extent, expressed as a percentage, to which the whole or part as appropriate of the capital item was used or to be used for the making of taxable supplies at the time the original entitlement to deduction of the input tax was determined and the extent to which the whole or part of it as appropriate is so used, or is treated under paragraph (3ZA) as being so used, in the subsequent interval in question;

“the original entitlement to deduction” means the entitlement to deduction under sections 24 to 26 of the Act and regulations made under those sections;

“the total input tax on the capital item” means—

in relation to any capital item, all VAT incurred by the owner on the capital expenditure on that item (whether or not the person incurring it is VAT registered at the time that it is incurred) including any non-business VAT; and

where a person is treated as making a supply to himself under paragraph 37(3) of Schedule 10 to the Act, the VAT charged on that supply;

“VAT bearing capital expenditure” means capital expenditure on which VAT is charged at the standard rate or at a reduced rate.”;

(h) after paragraph (5) insert—

“(5A) Where paragraph (3ZA) applies in respect of part of a capital item, for the remaining complete intervals the total VAT incurred on the capital item as defined in paragraph (5) shall be reduced accordingly.

(5B) The person responsible for making an adjustment under paragraph (1), (2) or (3ZA) shall be the person who is treated as the owner of the capital item under regulation 112 at the point immediately prior to the end of the interval in question or, in the case of an adjustment under paragraph (3ZA), the event specified in paragraph (3). ”;

(i) in paragraph (6)—

(i) for “paragraph (8)” substitute “paragraphs (9) and (11)”; and

(ii) omit the words from “provided that” to the end;

(j) in paragraph (7)—

(i) for “paragraph (8)” substitute “paragraphs (9) and (11)”; and

(ii) for “(3)” substitute “(3ZA)”;

(k) for paragraph (8), substitute—

“(8) For the purposes of paragraph (9), a “specified return” means a return specified in paragraph (6) or (7).”;

(l) in paragraph (9), omit “Subject to paragraph (10) below,”;

(m) omit paragraph (10);

(n) after paragraph (10) insert—

“(11) Where a person is required to make an adjustment under paragraph (1), (2) or (3ZA) at a time when he is no longer registered for VAT, he shall make the required adjustment in his final VAT return.”.