Value Added Tax Act 1994

[F1 Supplementary U.K.

Textual Amendments

F1 Sch. 3A paras. 1-9 inserted (28.7.2000 with effect as mentioned in s. 136(10) of the amending Act) by 2000 c. 17, s. 136(8), Sch. 36

8 U.K. Any notification required under this Schedule shall be made in such form [F2 and manner] and shall contain such particulars [F3 as may be specified in regulations or by the Commissioners in accordance with regulations.]

Textual Amendments

F2 Words in Sch. 3A para. 8 inserted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 29 para. 11(a)

F3 Words in Sch. 3A para. 8 substituted (17.7.2012) by Finance Act 2012 (c. 14), Sch. 29 para. 11(b)

9 (1) For the purposes of this Schedule a supply of goods is a relevant supply where— U.K.

(a) the supply is a taxable supply;

(b) the goods are assets of the business in the course or furtherance of which they are supplied; and

(c) the person by whom they are supplied, or a predecessor of his, has received or claimed, or is intending to claim, a repayment of VAT on the supply to him, or the importation by him, of the goods or of anything comprised in them.

(2) In relation to any goods, a person is the predecessor of another for the purposes of this paragraph if—

(a) that other person is a person to whom he has transferred assets of his business by a transfer of that business, or part of it, as a going concern;

(b) those assets consisted of or included those goods; and

(c) the transfer of the assets is one falling by virtue of an order under section 5(3) (or under an enactment re-enacted in section 5(3)) to be treated as neither a supply of goods nor a supply of services;

and the reference in this paragraph to a person’s predecessor includes references to the predecessors of his predecessor through any number of transfers.

(3) The reference in this paragraph to a repayment of VAT is a reference to such a repayment under a scheme embodied in regulations made under section 39. ]