The Value Added Tax Regulations 1995

PART VI U.K. PAYMENTS ON ACCOUNT

Interpretation of Part VI U.K.

44.  In this Part—

“body corporate” means a body corporate which is under a duty to make payments on account by virtue of the Value Added Tax (Payments on Account) Order 1993(1) and “relevant division” means a division of a body corporate by reference to the business of which that body corporate is under such a duty;

“payments on account” has the same meaning as in the Value Added Tax (Payments on Account) Order 1993.

Commencement Information

I1 Reg. 44 in force at 20.10.1995, see reg. 1

Payments on Account U.K.

45.  Save in a case to which regulation 48 applies, the Commissioners shall give to a taxable person who is under a duty to make payments on account notification in writing of—

(a) the amounts that he is under a duty to pay,

(b) how those amounts have been calculated, and

(c) the times for payment of those amounts.

Commencement Information

I2 Reg. 45 in force at 20.10.1995, see reg. 1

46.  Save in a case to which regulation 48 applies, if in respect of a prescribed accounting period the total amount of the payment on account made by the taxable person exceeds the amount of VAT due from him in respect of that period, the amount of excess shall be paid to him by the Commissioners if and to the extent that it is not required by section 81 of the Act to be set against any sum which he is liable to pay to them.

Commencement Information

I3 Reg. 46 in force at 20.10.1995, see reg. 1

[F1 46A.— (1) A payment on account and a payment in respect of a return to which regulation 40A above applies shall not be treated as having been made by the last day on which it is required to be made unless it is made in such a manner as secures that all the transactions can be completed that need to be completed before the whole of the amount becomes available to the Commissioners.

(2) For the purposes of this regulation and regulation 47 below, references to a payment being made by any day include references to its being made on that day.]

Textual Amendments

F1 Reg. 46A inserted (1.6.1996) by The Value Added Tax (Amendment) (No. 2) Regulations 1996 (S.I. 1996/1198), regs. 1, 4

47.  Where a taxable person fails to make a payment on account by the last day by which he is required to make it, that payment on account shall be recoverable as if it were VAT due from him.

Commencement Information

I4 Reg. 47 in force at 20.10.1995, see reg. 1

48.  —

(1) The Commissioners shall notify a relevant division in writing of—

(a) the amounts of the payments on account that the body corporate is under a duty to make by reference to the business of that division,

(b) how those amounts have been calculated, and

(c) the times for payment of those amounts.

(2) If in respect of a prescribed accounting period the total amount of the payments on account made by a body corporate by reference to the business of a particular relevant division exceeds the amount of VAT due from the body corporate in respect of that period by reference to that business, the amount of the excess shall be paid to the body corporate through that division by the Commissioners if and to the extent that it is not required by section 81 of the Act to be set against any sum which the body corporate is liable to pay to them.

(3) Section 81 of the Act shall not require any amount which is due to be paid by the Commissioners to a body corporate under paragraph (2) above by reference to the business of a particular relevant division to be set against any sum due from the body corporate otherwise than by reference to that business or to the liabilities of the body corporate arising in connection with that division.

Commencement Information

I5 Reg. 48 in force at 20.10.1995, see reg. 1

(1)

S.I. 1993/2001.