(1)This section applies where there is a change in the rate of VAT in force under section 2[F1or 29A] or in the descriptions of exempt[F2 , zero-rated or reduced-rate] supplies or exempt[F2, zero-rated or reduced-rate] acquisitions.
(2)Where—
(a)a supply affected by the change would, apart from section 6(4), (5), (6) or (10), be treated under section 6(2) or (3) as made wholly or partly at a time when it would not have been affected by the change; or
(b)a supply not so affected would apart from section 6(4), (5), (6) or (10) be treated under section 6(2) or (3) as made wholly or partly at a time when it would have been so affected,
the rate at which VAT is chargeable on the supply, or any question whether it is zero-rated or exempt[F3or a reduced-rate supply], shall if the person making it so elects be determined without regard to section 6(4), (5), (6) or (10).
(3)Any power to make regulations under this Act with respect to the time when a supply is to be treated as taking place shall include power to provide for this section to apply as if the references in subsection (2) above to section 6(4), (5), (6) or (10) included references to specified provisions of the regulations.
(4)Where—
(a)any acquisition of goods from another member State which is affected by the change would not have been affected (in whole or in part) if it had been treated as taking place at the time of the event which, in relation to that acquisition, is the first relevant event for the purposes of taxing the acquisition; or
(b)any acquisition of goods from another member State which is not so affected would have been affected (in whole or in part) if it had been treated as taking place at the time of that event,
the rate at which VAT is chargeable on the acquisition, or any question whether it is zero-rated or exempt[F4or a reduced-rate acquisition], shall, if the person making the acquisition so elects, be determined as at the time of that event.
(5)Regulations under paragraph 2 of Schedule 11 may make provision for the replacement or correction of any VAT invoice which—
(a)relates to a supply in respect of which an election is made under this section, but
(b)was issued before the election was made.
(6)No election may be made under this section in respect of a supply to which section 6(9) or paragraph 7 of Schedule 4 applies.
(7)References in this section to an acquisition being zero-rated are references to an acquisition of goods from another member State being one in relation to which section 30(3) provides for no VAT to be chargeable.
F5(8)References in this section—
(a)to a supply being a reduced-rate supply, or
(b)to an acquisition being a reduced-rate acquisition,
are references to a supply, or (as the case may be) an acquisition, being one on which VAT is charged at the rate in force under section 29A.
Textual Amendments
F1Words in s. 88(1) inserted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 4(2)(a)
F2Words in s. 88(1) substituted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 4(2)(b)
F3Words in s. 88(2) inserted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 4(3)
F4Words in s. 88(4) inserted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 4(4)
F5S. 88(8) inserted (11.5.2001) by 2001 c. 9, s. 99, Sch. 31 para. 4(5)
Modifications etc. (not altering text)
C1S. 88(2) modified (20.10.1995) by S.I. 1995/2518, reg. 95