Textual Amendments
F1Sch. 4A inserted (with effect in accordance with Sch. 36 para. 14(3) of the amending Act) by Finance Act 2009 (c. 10), Sch. 36 para. 11 (with Sch. 36 para. 19)
10(1)A supply of services to which this paragraph applies is to be treated as made in the same country as the supply to which it relates.U.K.
(2)This paragraph applies to a supply to a person who is not a relevant business person consisting of the making of arrangements for a supply by or to another person or of any other activity intended to facilitate the making of such a supply.
11(1)A supply of services to a person who is not a relevant business person consisting of the transportation of goods is to be treated as made in the country in which the transportation takes place, and (in a case where it takes place in more than one country) in proportion to the distances covered in each.U.K.
(2)For the purposes of sub-paragraph (1) transportation which takes place partly outside the territorial jurisdiction of a country is to be treated as taking place wholly in the country if—
(a)it takes place in the course of a journey between two points in the country (whether or not as part of a longer journey involving travel to or from another country), and
(b)the means of transport used does not (except in an emergency or involuntarily) stop, put in or land in another country in the course of the journey between those two points.
(3)This paragraph does not apply to a transportation of goods beginning in one member State and ending in another (see paragraph 12).
12U.K.A supply of services to a person who is not a relevant business person consisting of the transportation of goods which begins in one member State and ends in another is to be treated as made in the member State in which the transportation begins.
13(1)A supply to a person who is not a relevant business person of ancillary transport services is to be treated as made where the services are physically performed.U.K.
(2)“Ancillary transport services” means loading, unloading handling and similar activities.
Textual Amendments
F2Sch. 4A para. 13A and cross-heading inserted (with effect in accordance with Sch. 36 para. 16 of the amending Act) by Finance Act 2009 (c. 10), Sch. 36 para. 17 (with Sch. 36 para. 19)
13A(1)A supply to a person who is not a relevant business person (“the recipient”) of services consisting of the long-term hiring of a means of transport is to be treated as made in the country in which the recipient belongs.U.K.
But this is subject to sub-paragraph (2) and paragraph 3(3) and (4).
(2)A supply to a person who is not a relevant business person (“the recipient”) of services consisting of the long-term hiring of a pleasure boat which is actually put at the disposal of the recipient at the supplier's business establishment, or some other fixed establishment of the supplier, is to be treated as made in the country where the pleasure boat is actually put at the disposal of the recipient.
(3)For the purposes of this Schedule, the hiring of a means of transport is “long-term” if it is not short-term (as to the meaning of which see paragraph 3(2)).]
14U.K.A supply to a person who is not a relevant business person of services consisting of the valuation of, or carrying out of work on, goods is to be treated as made where the services are physically performed.
Textual Amendments
F3Sch. 4A para. 14A and cross-heading inserted (with effect in accordance with Sch. 36 para. 16 of the amending Act) by Finance Act 2009 (c. 10), Sch. 36 para. 15(4) (with Sch. 36 para. 19)
14A(1)A supply to a person who is not a relevant business person of services to which this paragraph applies is to be treated as made in the country in which the activities concerned actually take place.U.K.
(2)This paragraph applies to the provision of—
(a)services relating to cultural, artistic, sporting, scientific, educational, entertainment or similar activities (including fairs and exhibitions), and
(b)ancillary services relating to such activities, including services of organisers of such activities.]
15U.K.A supply consisting of the provision by a person who belongs in a country which is not a member State (other than the Isle of Man) of electronically supplied services (as to the meaning of which see paragraph 9(3) and (4)) to a person (“the recipient”) who—
(a)is not a relevant business person, and
(b)belongs in a member State,
is to be treated as made in the country in which the recipient belongs.
16(1)A supply consisting of the provision to a person (“the recipient”) who—U.K.
(a)is not a relevant business person, and
(b)belongs in a country which is not a member State (other than the Isle of Man),
of services to which this paragraph applies is to be treated as made in the country in which the recipient belongs.
(2)This paragraph applies to—
(a)transfers and assignments of copyright, patents, licences, trademarks and similar rights,
(b)the acceptance of any obligation to refrain from pursuing or exercising (in whole or in part) any business activity or any rights within paragraph (a),
(c)advertising services,
(d)services of consultants, engineers, consultancy bureaux, lawyers, accountants, and similar services, data processing and provision of information, other than any services relating to land,
(e)banking, financial and insurance services (including reinsurance), other than the provision of safe deposit facilities,
[F4(f)the provision of access to, or transmission or distribution through—
(i)a natural gas system situated within the territory of a member State or any network connected to such a system, or
(ii)an electricity system, or
(iii)a network through which heat or cooling is supplied,
and the provision of other directly linked services,]
(g)the supply of staff,
(h)the letting on hire of goods other than means of transport,
(i)telecommunication services (as to the meaning of which see paragraph 8(2)),
(j)radio and television broadcasting services, and
(k)electronically supplied services (as to the meaning of which see paragraph 9(3) and (4)).]
Textual Amendments
F4Sch. 4A para. 16(2)(f) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Value Added Tax (Exceptions Relating to Supplies not Made to Relevant Business Person) Order 2010 (S.I. 2010/3017), arts. 1(2), 2