[F118B Fiscally warehoused goods: relief.U.K.
(1)Subsections (3) and (4) below apply where—
(a)there is an acquisition of goods from another member State;
(b)those goods are eligible goods;
(c)either—
(i)the acquisition takes place while the goods are subject to a fiscal warehousing regime; or
(ii)after the acquisition but before the supply, if any, of those goods which next occurs, the acquirer causes the goods to be placed in a fiscal warehousing regime; and
(d)the acquirer, not later than the time of the acquisition, prepares and keeps a certificate that the goods are subject to a fiscal warehousing regime, or (as the case may be) that he will cause paragraph (c)(ii) above to be satisfied; and the certificate shall be in such form and be kept for such period as the Commissioners may by regulations specify.
(2)Subsections (3) and (4) below also apply where—
(a)there is a supply of goods;
(b)those goods are eligible goods;
(c)either—
(i)that supply takes place while the goods are subject to a fiscal warehousing regime; or
(ii)after that supply but before the supply, if any, of those goods which next occurs, the person to whom the former supply is made causes the goods to be placed in a fiscal warehousing regime;
(d)in a case falling within paragraph (c)(ii) above, the person to whom the supply is made gives the supplier, not later than the time of the supply, a certificate in such form as the Commissioners may by regulations specify that he will cause paragraph (c)(ii) to be satisfied; and
(e)the supply is not a retail transaction.
(3)The acquisition or supply in question shall be treated for the purposes of this Act as taking place outside the United Kingdom if any subsequent supply of those goods is while they are subject to the fiscal warehousing regime.
(4)Where subsection (3) does not apply and the acquisition or supply in question falls, for the purposes of this Act, to be treated as taking place in the United Kingdom, that acquisition or supply shall be treated for the purposes of this Act as taking place when the goods are removed from the fiscal warehousing regime.
(5)Where—
(a)subsection (4) above applies to an acquisition or a supply,
(b)the acquisition or supply is taxable and not zero-rated, and
(c)the acquirer or supplier is not a taxable person but would be were it not for paragraph 1(9) of Schedule 1, paragraph 1(7) of Schedule 2 and paragraph 1(6) of Schedule 3, or any of those provisions,
VAT shall be chargeable on that acquisition or supply notwithstanding that the acquirer or the supplier is not a taxable person.
(6)In this section “eligible goods” means goods—
(a)of a description falling within Schedule 5A;
(b)upon which any import duties, as defined in article 4(10) of the Community Customs Code of 12th October 1992 (Council Regulation (EEC) No.2913/92), either have been paid or have been deferred under article 224 of that Code or regulations made under section 45 of the Management Act;
(c)(in the case of goods imported from a place outside the member States) upon which any VAT chargeable under section 1(1)(c) has been either paid or deferred in accordance with Community customs provisions, and
(d)(in the case of goods subject to a duty of excise) upon which that duty has been either paid or deferred under section 127A of the Management Act.
(7)For the purposes of this section, apart from subsection (4), an acquisition or supply shall be treated as taking place at the material time for the acquisition or supply.
(8)The Treasury may by order vary Schedule 5A by adding to or deleting from it any goods or varying any description of any goods.]
Textual Amendments
F1S. 18B inserted (29.4.1996 for certain purposes and 1.6.1996 otherwise with application to any acquisition of goods from another member State and any supply taking place on or after 1.6.1996) by 1996 c. 8, ss. 25, 26, Sch. 3 para. 5; S.I. 1996/1249, art. 2