The Value Added Tax Regulations 1995

Valuation of acquisitions U.K.

97.  —

(1) Subject to paragraph (2) below, the value of the relevant transaction in relation to any goods acquired in [F1 Northern Ireland from a member State] where—

(a) the goods are charged in connection with their removal to [F2 Northern Ireland] with a duty of excise; or

(b) on that removal are subject, in accordance with any provision for the time being having effect for transitional purposes in connection with the accession of any State to the [F3 European Union], to any [F3 EU] customs duty or agricultural levy of the [F4 EU],

shall be taken, for the purposes of the Act, to be the sum of its value apart from [F5 paragraph 10 of Schedule 9ZA] to the Act and the amount, so far as not already included in that value, of the excise duty, [F3 EU] customs duty or, as the case may be, agricultural levy which has been or is to be paid in respect of those goods.

(2) Paragraph (1) above does not apply to a transaction in pursuance of which there is an acquisition of goods which, under subsection (4) of section 18 of the Act, is treated as taking place before the duty point within the meaning of that section.

Textual Amendments

F1 Words in reg. 97(1) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 54(a) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F2 Words in reg. 97(1)(a) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 54(b) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F3 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F4 Word in reg. 97(1)(b) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 54(c) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F5 Words in reg. 97(1) substituted (1.8.2021) by The Value Added Tax (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/715), regs. 1, 33

Commencement Information

I1 Reg. 97 in force at 20.10.1995, see reg. 1