The Value Added Tax (Miscellaneous Amendments and Repeals) (EU Exit) Regulations 2021

Movement of own goods from Great Britain to Northern Ireland for non-business purposes U.K.

4.—(1) Schedule 9ZB is amended as follows.

(2) After paragraph 31A M1 insert—

“Movement of own goods from Great Britain to Northern Ireland for non-business purposes

31B.— (1) A removal of goods from Great Britain to Northern Ireland to which this sub-paragraph applies is to be treated as a taxable supply of goods made in the course or furtherance of a business carried on by the person who removes the goods.

(2) Subject to sub-paragraph (4), sub-paragraph (1) applies to a removal of goods if—

(a) the removal is not (ignoring sub-paragraph (1)) made in the course or furtherance of a business,

(b) before the removal the goods were supplied to, or imported by, the person who removed them (“P”),

(c) P is, at the time of that supply or importation and at the time of the removal, a taxable person,

(d) P has incurred VAT on that supply or importation,

(e) the removal takes place within 12 months of P becoming liable to that VAT,

(f) some, or all, of the VAT incurred on the supply or importation has not been credited as input tax in relation to P because it has, before the removal, been attributed to—

(i) both business and non-business VAT M2 , or

(ii) non-business VAT, and

(g) P meets the condition in sub-paragraph (3).

(3) That condition is that P uses the goods, after their removal, exclusively for—

(a) in a case falling within sub-paragraph (2)(f)(i), both business and non-business purposes, or

(b) in a case falling within sub-paragraph (2)(f)(ii), non-business purposes.

(4) Sub-paragraph (1) does not apply in relation to—

(a) a removal of goods to which paragraph 31A of this Schedule applies, or

(b) an export by a charity to which section 30(5) M3 (as applied by paragraph 8 of this Schedule) applies.

(5) A supply of goods which is treated as arising under sub-paragraph (1) is zero-rated.

(6) VAT incurred by P on the removal of goods from Great Britain to Northern Ireland (see paragraph 3(4) of Schedule 9ZB) is not to be treated as attributable (for the purposes of section 26 M4 ) to the supply treated as arising under sub-paragraph (1).”.

Commencement Information

I1 Reg. 4 in force at 1.8.2021, see reg. 1 (as amended by S.I. 2021/779, regs. 1, 2)

Marginal Citations

M1 Paragraph 31A was inserted into Schedule 9ZB by S.I. 2020/1544.

M2 See section 24(5) of VATA.

M3 Sub-section (5) was inserted into section 30 of VATA by section 28(1) of the Finance Act 1995 (c. 4) and amended by paragraph 29(3) of Schedule 8 to TCTA.

M4 Section 26 of VATA, which sets out what input tax is allowable under section 25, was amended by paragraph 2 of Schedule 8 to the Finance (No. 3) Act 2010 (c. 33) and paragraph 26 of Schedule 8 to TCTA.