Textual Amendments
F1Pt. 7A inserted (25.4.2002) by The Value Added Tax (Amendment) (No. 2) Regulations 2002 (S.I. 2002/1142), regs. 1(2), 7
55C.—(1) Subject to paragraphs (3) [F2, (5) and (6)], any—
(a)supply of any goods or services to,
(b)acquisition of any goods from another member State by, or
(c)importation of any goods F3... by,
a flat-rate trader is a relevant purchase of his.
(2) Subject to the following provisions of this regulation, any supply made by a person when he is not a flat-rate trader is not a relevant supply of his.
(3) Subject to [F4paragraphs (4) and (6)] below, where—
(a)a supply is made to, or made by, a person at a time when he is not a flat-rate trader, and
(b)the operative date for VAT accounting purposes is, by virtue of regulation 57 (cash accounting scheme), a date when he is a flat-rate trader,
that supply is a relevant supply or a relevant purchase of his, as the case may be, if otherwise it would not be by virtue of paragraph (2) above.
(4) Where a person—
(a)is entitled to any credit for input tax in respect of the supply to, or acquisition or importation by, him of capital expenditure goods,
(b)claims any such credit, and
(c)makes a supply of those capital expenditure goods,
the supply made by him is not a relevant supply of his, if otherwise it would be.
(5) Where by virtue of any provision of, or made under, the Act a supply is treated as made by a flat-rate trader, whether to himself or otherwise, that supply is neither a relevant supply nor a relevant purchase of his.
[F5(6) Where a supply of goods [F6or services] to which section 55A(6) of the Act applies (customers to account for tax on supplies of goods [F6or services] of a kind used in missing trader F7... fraud) is made to, or made by, a flat rate trader, that supply is neither a relevant purchase nor a relevant supply of his.]]
Textual Amendments
F2Words in reg. 55C(1) substituted (1.6.2007) by The Value Added Tax (Amendment) (No.3) Regulations 2007 (S.I. 2007/1418), regs. 1, 5(a)
F3Words in reg. 55C(1)(c) omitted (31.12.2020) by virtue of The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 53(a) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.
F4Words in reg. 55C(3) substituted (1.6.2007) by The Value Added Tax (Amendment) (No.3) Regulations 2007 (S.I. 2007/1418), regs. 1, 5(b)
F5Reg. 55C(6) inserted (1.6.2007) by The Value Added Tax (Amendment) (No.3) Regulations 2007 (S.I. 2007/1418), regs. 1, 5(c)
F6Words in reg. 55C(6) inserted (1.11.2010) by The Value Added Tax (Amendment) (No. 2) Regulations 2010 (S.I. 2010/2240), regs. 1, 3(2)
F7Word in reg. 55C(6) omitted (31.12.2020) by virtue of The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 53(b) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.