SCHEDULES
F2SCHEDULE 9ZAVAT on acquisitions in Northern Ireland from member States
PART 7Appeals and supplementary provision
Failure of resolution under Provisional Collection of Taxes Act 1968
36
1
Where—
a
by virtue of a resolution having effect under the Provisional Collection of Taxes Act 1968 NI acquisition VAT has been paid at a rate specified in the resolution by reference to a value determined under paragraph 8(3) of this Schedule, and
b
by virtue of section 1(6) or (7) or 5(3) of that Act any of that VAT is repayable in consequence of the restoration of a lower rate,
the amount repayable is to be the difference between the VAT paid by reference to that value at the rate specified in the resolution and the VAT that would have been payable by reference to that value at the lower rate.
2
Where—
a
by virtue of such a resolution NI acquisition VAT is chargeable at a rate specified in the resolution by reference to a value determined under paragraph 8(3) of this Schedule, but
b
before the VAT is paid it ceases to be chargeable at that rate in consequence of the restoration of a lower rate,
the VAT chargeable at the lower rate is to be charged by reference to the same value as that by reference to which NI acquisition VAT would have been chargeable at the rate specified in the resolution.
3
Section 90(3)
(failure of resolution under Provisional Collection of Taxes Act 1968) has effect as if after “or 35” there were inserted “
or paragraph F118A or 19 of Schedule 9ZA
”
.
Schs. 9ZA, 9ZB inserted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 2 para. 2 (with s. 3(4), Sch. 2 para. 7(7)-(10)) (with savings and transitional provisions in S.I. 2020/1545, Pt. 4); S.I. 2020/1642, reg. 9