Value Added Tax Act 1994

[F1 Part 2 U.K. [F2 Non-union scheme: liability, returns, payment etc]

Textual Amendments

F1 Sch. 3B inserted (with effect in accordance with s. 23(2) of the amending Act) by Finance Act 2003 (c. 14), Sch. 2 para. 4

F2 Sch. 3B Pt. 2 title substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(8)

Liability for VAT U.K.

10 (1) A person is liable to pay VAT under and in accordance with this Schedule if— U.K.

(a) he makes a qualifying supply, and

(b) he is registered under this Schedule when he makes the supply.

(2) The amount of VAT which a person is liable to pay by virtue of this Schedule on any qualifying supply is to be determined in accordance with sub-paragraphs (3) and (4) below [F3 (and the VAT is to be paid without any deduction of VAT pursuant to Article 168 of Directive 2006/112/EC)].

(3) If the qualifying supply is treated as made in the United Kingdom, the amount is the amount of VAT F4 ... charged on the supply under this Act [F5 (see paragraph 17(2))] .

(4) If the qualifying supply is treated as made in another member State, the amount is the amount of VAT F6 ... charged on the supply in accordance with the law of that member State F6 ....

(5) Where a person is liable to pay VAT by virtue of this Schedule—

(a) any amount falling to be determined in accordance with sub-paragraph (3) above is to be regarded for the purposes of this Act as VAT charged in accordance with this Act, F7 ...

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in Sch. 3B para. 10(2) inserted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(2)(a)

F4 Words in Sch. 3B para. 10(3) omitted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 22 para. 7(2)(b)

F5 Words in Sch. 3B para. 10(3) substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(2)(b)

F6 Words in Sch. 3B para. 10(4) omitted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 22 para. 7(2)(c)

F7 Sch. 3B para. 10(5)(b) and word omitted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 22 para. 7(2)(d)

Obligation to submit special accounting returns U.K.

11 (1) A person who is, or has been, registered under this Schedule must submit a return (a “special accounting return”) to the [F8 Commissioners] for each reporting period. U.K.

(2) Each quarter for the whole or any part of which a person is registered under this Schedule is a “reporting period” in the case of that person.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Word in Sch. 3B para. 11(1) substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(3)(a)

F9 Sch. 3B para. 11(3)-(7) omitted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by virtue of Finance Act 2014 (c. 26), Sch. 22 para. 7(3)(b)

Further obligations with respect to special accounting returns U.K.

12 (1) A special accounting return [F10 is to be made out in sterling]. U.K.

(2) Any conversion from one currency into another for the purposes of sub-paragraph (1) above shall be made by using the exchange rates published by the European Central Bank—

(a) for the last day of the reporting period to which the special accounting return relates, or

(b) if no such rate is published for that day, for the next day for which such a rate is published.

(3) A special accounting return must be submitted to the [F11 Commissioners] within the period of 20 days after the last day of the reporting period to which it relates.

(4) A special accounting return must be submitted by such electronic means, and in such manner, as the Commissioners may direct or may by regulations prescribe.

Textual Amendments

F10 Words in Sch. 3B para. 12(1) substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(4)(a)

F11 Word in Sch. 3B para. 12(3) substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(4)(b)

Payment of VAT U.K.

13 (1) A person who is required to submit a special accounting return must, [F12 by the deadline for submitting the return, pay to the Commissioners the amount of VAT that the person is liable, in accordance with paragraph 10, to pay on qualifying supplies treated as made by the person in] the reporting period to which the return relates. U.K.

(2) A payment under this paragraph must be made in such manner as the Commissioners may direct or may by regulations prescribe.

Textual Amendments

F12 Words in Sch. 3B para. 13(1) substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(5)

Obligations to keep and produce records U.K.

14 (1) A person must keep records of the transactions which he enters into for the purposes of, or in connection with, qualifying supplies made by him at any time when he is registered under this Schedule. U.K.

(2) The records to be kept must be such as will enable the tax authorities for the member State in which a qualifying supply is treated as made to determine whether any special accounting return which is submitted in respect of that supply is correct.

(3) Any records required to be kept must be made available—

(a) to the tax authorities for the member State in which the qualifying supply to which the records relate was treated as made, if they so request, or

(b) to the Commissioners, if they so request.

(4) Records must be made available electronically under sub-paragraph (3) above.

(5) The records relating to a transaction must be maintained for a period of ten years beginning with the 1st January following the date on which the transaction was entered into.

Commissioners' power to request production of records U.K.

15 (1) The Commissioners may request a person to make available to them electronically records of the transactions entered into by him for the purposes of, or in connection with, qualifying supplies to which this paragraph applies. U.K.

(2) This paragraph applies to qualifying supplies which—

(a) are treated as made in the United Kingdom, and

(b) are made by the person while he is identified under any provision of the law of another member State which implements [F13 Section 2 of Chapter 6 of Title XII of the VAT Directive].

Textual Amendments

F13 Words in Sch. 3B para. 15(2)(b) substituted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(6)

[F14 15A U.K. Section 44 of the Commissioners for Revenue and Customs Act 2005 (requirement to pay receipts into the Consolidated Fund) does not apply to any money received for or on account of VAT that is required to be paid to another member State under Article 46 of Council Regulation (EU) No 904/2010.]]

Textual Amendments

F14 Sch. 3B para. 15A inserted (with effect in accordance with Sch. 22 paras. 23, 25 of the amending Act) by Finance Act 2014 (c. 26), Sch. 22 para. 7(7)