Finance Act 2012

PART 2 Liability and amount

Liability

6 (1) An anti-forestalling charge under this Schedule on a chargeable pre-change supply—

(a) is a liability of the supplier (subject to sub-paragraph (2)), and

(b) becomes due on the date of the VAT change (rather than at the time of supply).

(2) If, on the date on which the anti-forestalling charge becomes due, the person who would be liable to pay the charge under sub-paragraph (1)—

(a) is not a taxable person, but

(b) is treated as a member of a group under sections 43A to 43D of VATA 1994,

the anti-forestalling charge is a liability of the representative member of the group.

Amount

7 (1) The amount of the anti-forestalling charge on a chargeable pre-change supply is the amount of VAT that would be chargeable on the supply if it were subject to VAT at 20%.

This is subject to any reduction under sub-paragraph (2).

(2) If the chargeable pre-change supply is not wholly linked to the post-change period, the anti-forestalling charge is the relevant proportion of that amount.

(3) The relevant proportion is—

where—

• P is so much of the consideration for the chargeable supply as is attributable, on a just and reasonable basis, to that part of the supply (or, in the case of a grant of a right, that part of the supply to which the right relates) which is linked to the post-change period;

• W is the whole of the consideration for the chargeable pre-change supply.