The Value Added Tax (Amendment) (No. 4) Regulations 2002

5.  After regulation 170 insert the following regulation—

“Attribution of payments received under certain credit agreements

170A— (1) Where—

(a) the claimant made a supply of goods and, in connection with that supply, a supply of credit;

(b) those supplies were made under a hire purchase, conditional sale or credit sale agreement; and

(c) a payment is received in relation to those supplies (other than a payment of an amount upon which interest is not charged),

the payment shall be attributed to each supply in accordance with the rules set out in paragraph (2) below.

(2) The payment shall be attributed—

(a) as to the amount obtained by multiplying it by the fraction

to the supply of credit; and

(b) as to the balance, to the supply of goods,

where—

• A is the total of the interest on the credit provided under the agreement under which the supplies are made (determined as at the date of the making of the agreement); and

• B is the total amount payable under the agreement, less any amount upon which interest is not charged.

(3) Where an agreement provides for variation of the rate of interest after the date of the making of the agreement then, for the purposes of the calculation in paragraph (2) above, it shall be assumed that the rate is not varied.”.