SCHEDULES

SCHEDULE 3VAT: supplementary charge and orders changing rate

Part 1Supplementary charge to VAT

Supply spanning the date of the VAT change

2

1

For the purposes of this Schedule a supply of goods or services spans the date of the VAT change where—

a

by virtue of the issue of a VAT invoice or the receipt of a payment by the person making the supply (“the supplier”), the supply is treated as taking place before the date of the VAT change, but

b

the basic time of supply (see paragraph 4) is on or after the date of the VAT change.

2

The relevant conditions are—

a

in relation to a supply that is within sub-paragraph (1)(a) by virtue of the issue of a VAT invoice, conditions A to D, and

b

in relation to a supply that is within sub-paragraph (1)(a) by virtue of the receipt of a payment, conditions A to C.

3

Condition A is that the supplier and the person to whom the supply is made are connected with each other at any time in the period—

a

beginning with the day on which the supply is treated as taking place, and

b

ending on the date of the VAT change.

4

Paragraph 5 modifies condition A in cases involving a series of supplies.

5

Condition B is that the aggregate of the following is more than £100,000—

a

the relevant consideration for the supply, and

b

the relevant consideration for every related supply of goods or services (including every related grant of a right to goods or services) that spans the date of the VAT change (see paragraph 6).

6

Condition C is that a prepayment in respect of the supply is financed by the supplier or a person connected with the supplier (see paragraph 7).

7

In sub-paragraph (6) “prepayment”, in respect of a supply, means a payment that is received by the supplier before the basic time of supply.

8

Condition D is that full payment of the amount shown on the VAT invoice referred to in sub-paragraph (1)(a) is not due before the end of the period of 6 months beginning with the date on which the invoice is issued.

9

This paragraph does not apply in relation to a supply consisting of the grant of a right to goods or services (see paragraph 3).