SCHEDULES

SCHEDULE 18Serial tax avoidance

PART 2Entry into the regime and basic concepts

Meaning of “non-deductible tax”

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1

In this Schedule “non-deductible tax”, in relation to a taxable person, means—

a

input tax for which the person is not entitled to credit under section 25 of VATA 1994, and

b

any VAT incurred by the person which is not input tax and in respect of which the person is not entitled to a refund from the Commissioners by virtue of any provision of VATA 1994.

2

For the purposes of sub-paragraph (1)(b), the VAT “incurred” by a taxable person is—

a

VAT on the supply to the person of any goods or services,

b

VAT on the acquisition by the person from another member State of any goods, and

c

VAT paid or payable by the person on the importation of any goods from a place outside the member States.