Value Added Tax Act 1994

[F1[F21BU.K.This Act has effect as if after section 5A there were inserted—

5B“Supplies of goods in Northern Ireland facilitated by online marketplaces: deemed supply

(1)This section applies where—

(a)a person (“P”) makes a taxable supply of goods in the course or furtherance of a business to another person (“R”),

(b)the supply is facilitated by an online marketplace, and

(c)either the [F3special] scheme condition or the Union goods condition is met.

(2)For the purposes of this Act—

(a)P is to be treated as having supplied the goods to the operator of the online marketplace, and

(b)the operator is to be treated as having supplied the goods to R in the course or furtherance of a business carried on by the operator.

(3)The [F4special] scheme condition is met where—

(a)R belongs in Northern Ireland and is not a taxable person,

(b)the supply is a qualifying supply of goods within the meaning of Schedule 9ZE, and

(c)the operator of the online marketplace is [F5a participant in a special scheme within the meaning of] that Schedule.

(4)But the [F6special] scheme condition is not met where—

(a)P is established in the United Kingdom, and

(b)the supply involves the removal of goods from Great Britain [F7or the Isle of Man] to Northern Ireland.

(5)The Union goods condition is met where—

(a)P is not established in Northern Ireland or a member State,

(b)R either—

(i)belongs in Northern Ireland and is not a taxable person, or

(ii)belongs in a member State and is not liable or entitled to be registered for VAT in accordance with the law of that member State, and

(c)the supply is a supply of Union goods that are located in Northern Ireland at the time they are supplied.

(6)But the Union goods condition is not met where—

(a)P is established in Great Britain [F8or the Isle of Man], and

(b)R belongs in Northern Ireland.

(7)In this section, “Union goods” has the same meaning as in Regulation (EU) 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (see Article 5(23) of that Regulation).”]]

Textual Amendments

F1Sch. 9ZC 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. 3 para. 28 (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

F2Sch. 9ZC para. 1B inserted (10.6.2021 for specified purposes, 1.7.2021 in so far as not already in force) by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 8(2); S.I. 2021/770, reg. 3