SCHEDULES

SCHEDULE 3 Value added tax: abolition of fiscal frontiers etc.

Part II

Assessments

84

(1)

In subsection (1) of section 21 (assessment to penalty), for “17", in each place where it occurs, there shall be substituted “ 17A ”.

(2)

After subsection (4) of that section there shall be inserted the following subsection—

“(4A)

An assessment to a penalty under section 15 above by virtue of subsection (1)(aa) of that section may be combined with an assessment under paragraph 4A of Schedule 7 to the principal Act and the two assessments notified together but the amount of the penalty shall be separately identified in the notice.”

(3)

In subsection (5) of that section (notice of assessment while penalty period continuing), after “section 17" there shall be inserted “ or section 17A ”.

(4)

In subsection (6) of that section (remedying of failure etc. after assessment)—

(a)

after the words “section 17", in the first place where they occur, there shall be inserted “ or section 17A ”;

(b)

in paragraph (a), for “falling within section 17(1) above" there shall be substituted “ or default falling within section 17(1) or section 17A(1) above ”; and

(c)

in the words after paragraph (b), after “section 17" there shall be inserted “ section 17A ”.

85

(1)

In subsection (1) of section 22 (time limits for assessments)—

(a)

in paragraph (a), after “paragraph 4" there shall be inserted “ or paragraph 4A ”; and

(b)

after “importation" there shall be inserted “ or acquisition ”.

(2)

In subsection (2) of that section, after “beginning" there shall be inserted—

“(a)

in the case of a penalty under section 14B or section 17A above, with the time when facts sufficient in the opinion of the Commissioners to indicate, as the case may be—

(i)

that the statement in question contained a material inaccuracy; or

(ii)

that there had been a default within the meaning of section 17A(1) above,

came to the Commissioners knowledge; and

(b)

in any other case, with the time”.

(3)

In subsection (7) of that section, after “paragraph 4" there shall be inserted “ or sub-paragraph (2)(b) of paragraph 4A ”.

86

In section 33(5)(a) (interpretation and construction of Chapter II), for “17" there shall be substituted “ 17A ”.