(1)Subsection (2) below applies where—
(a)a person has supplied goods or services for a consideration in money and has accounted for and paid VAT on the supply,
(b)the whole or any part of the consideration for the supply has been written off in his accounts as a bad debt, and
(c)a period of 6 months (beginning with the date of the supply) has elapsed.
(2)Subject to the following provisions of this section and to regulations under it the person shall be entitled, on making a claim to the Commissioners, to a refund of the amount of VAT chargeable by reference to the outstanding amount.
(3)In subsection (2) above “the outstanding amount” means—
(a)if at the time of the claim the person has received no payment by way of the consideration written off in his accounts as a bad debt, an amount equal to the amount of the consideration so written off;
(b)if at that time he has received a payment or payments by way of the consideration so written off, an amount by which the payment (or the aggregate of the payments) is exceeded by the amount of the consideration so written off.
(4)A person shall not be entitled to a refund under subsection (2) above unless—
(a)the value of the supply is equal to or less than its open market value, F1. . .
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(4A)Where—
(a)a person is entitled under subsection (2) above to be refunded an amount of VAT, and
(b)that VAT has at any time been included in the input tax of another person,
that other person shall be taken, as from the time when the claim for the refund is made, not to have been entitled to any credit for input tax in respect of the VAT that has to be refunded on that claim.]
(5)Regulations under this section may—
(a)require a claim to be made at such time and in such form and manner as may be specified by or under the regulations;
(b)require a claim to be evidenced and quantified by reference to such records and other documents as may be so specified;
(c)require the claimant to keep, for such period and in such form and manner as may be so specified, those records and documents and a record of such information relating to the claim and to subsequent payments by way of consideration as may be so specified;
(d)require the repayment of a refund allowed under this section where any requirement of the regulations is not complied with;
(e)require the repayment of the whole or, as the case may be, an appropriate part of a refund allowed under this section where the claimant subsequently receives any payment (or further payment) by way of the consideration written off in his accounts as a bad debt;
[F3(ea)make provision, where there is a repayment by virtue of paragraph (e) above, for restoring the whole or any part of an entitlement to credit for input tax;]
(f)include such supplementary, incidental, consequential or transitional provisions as appear to the Commissioners to be necessary or expedient for the purposes of this section;
(g)make different provision for different circumstances.
(6)The provisions which may be included in regulations by virtue of subsection (5)(f) above may include rules for ascertaining—
(a)whether, when and to what extent consideration is to be taken to have been written off in accounts as a bad debt;
(b)whether a payment is to be taken as received by way of consideration for a particular supply;
(c)whether, and to what extent, a payment is to be taken as received by way of consideration written off in accounts as a bad debt.
(7)The provisions which may be included in regulations by virtue of subsection (5)(f) above may include rules dealing with particular cases, such as those involving part payment or mutual debts; and in particular such rules may vary the way in which the following amounts are to be calculated—
(a)the outstanding amount mentioned in subsection (2) above, and
(b)the amount of any repayment where a refund has been allowed under this section.
(8)Section 6 shall apply for determining the time when a supply is to be treated as taking place for the purposes of construing this section.
Textual Amendments
F1S. 36(4)(b) and word “and” immediately preceding it repealed (19.3.1997 with effect in accordance with s. 39 of the amending Act) by 1997 c. 16, ss. 39, 113, Sch. 18 Pt. IV(3) Note
F2S. 36(4A) inserted (19.3.1997 with effect as mentioned in s. 39(3) of the amending Act) by 1997 c. 16, s. 39(2)(3)
F3S. 36(5)(ea) inserted (19.3.1997) by 1997 c. 16, s. 39(4)