Refunds

20 Refund of tax in certain cases.

1

Subject to the following provisions of this section, where tax is chargeable on the supply of goods or services to, or on the importation of goods by, a body to which this section applies and the supply or importation is not for the purpose of any business carried on by the body, the Commissioners shall, on a claim made by the body at such time and in such form and manner as the Commissioners may determine, refund to it the amount of the tax so chargeable.

2

Where goods or services so supplied to or imported by the body cannot be conveniently distinguished from goods or services supplied to or imported by it for the purpose of a business carried on by it, the amount to be refunded under this section shall be such amount as remains after deducting from the whole of the tax chargeable on any supply to or importation by the body such proportion thereof as appears to the Commissioners to be attributable to the carrying on of the business; but where the tax so attributable is or includes tax attributable, in accordance with regulations under section 15 above, to exempt supplies by the body and the tax attributable to the exempt supplies is in the opinion of the Commissioners an insignificant proportion of the tax so chargeable they may include it in the tax refunded under this section.

3

The bodies to which this section applies are—

a

a local authority;

b

a water authority, a river purification board established under section 135 of the M1Local Government (Scotland) Act 1973, a statutory water undertaker within the meaning of the M2Water Act 1973 and a water development board within the meaning of section 109 of the M3Water (Scotland) Act 1980;

c

an internal drainage board within the meaning of the M4Land Drainage Act 1976;

d

F1the London Transport Executive anda passenger transport authority or executive established under Part II of the M5Transport Act 1968;

e

a port health authority constituted under Part I of the M6Public Health Act 1936, and a port local authority and joint port local authority constituted under Part X of the M7Public Health (Scotland) Act 1897;

f

a police authority and the Receiver for the Metropolitan Police District;

g

a development corporation within the meaning of the M8New Towns Act 1981 or the M9New Towns (Scotland) Act 1968, a new town commission within the meaning of the M10New Towns Act (Northern Ireland) 1965 and the Commission for the New Towns;

h

a general lighthouse authority within the meaning of Part XI of the M11Merchant Shipping Act 1894;

i

the British Broadcasting Corporation;

X1j

Independent Television News Limited; and

F2j

a nominated news provider, as defined by section 31(3) of the Broadcasting Act 1990;

k

any body specified for the purposes of this section by an order made by the Treasury.

4

No tax shall be refunded under this section to a general lighthouse authority which in the opinion of the Commissioners is attributable to activities other than those concerned with the provision, maintenance or management or lights or other navigational aids.

F34A

No tax shall be refunded under this section to a nominated news provider which in the opinion of the Commissioners is attributable to activities other than the provision of news programmes for broadcasting by holders of regional Channel 3 licences (within the meaning of Part I of the Broadcasting Act 1990).

5

References in this section to tax chargeable do not include any tax which, by virtue of any order under section 14(10) above, is excluded from credit under that section.

6

In this section “local authority” means the council of a county, district, London borough, parish or group of parishes (or, in Wales, community or group of communities), F4 the Common Council of the City of London, the Council of the Isles of Scilly, and any joint committee or joint board established by two or more of the foregoing and, in relation to Scotland, a regional, islands or district council within the meaning of the M12Local Government (Scotland) Act 1973, any combination and any joint committee or joint board established by two or more of the foregoing and any joint board to which section 226 of that Act applies.