The Value Added Tax (Disclosure of Avoidance Schemes)(Amendment) Regulations 2005

3.  In regulation 2—

(a) omit paragraphs (3) and (4);

(b) after paragraph (2) insert—

“(3) Where paragraph 6(1)(c) of Schedule 11A(1) applies (non-deductible tax less than it would be but for a scheme), the time prescribed for the purposes of paragraph 6(2) and (3) of that Schedule is the 30th day from the end of the last day specified by or under regulation 25 of the Value Added Tax Regulations 1995(2) for making a return in respect of the relevant prescribed accounting period.

(4) For the purposes of paragraph (3) relevant prescribed accounting period means the period in which the taxable person’s non-deductible tax is less than it would be but for any notifiable scheme to which he is party.

(5) Paragraph (1) shall not have effect in relation to any scheme listed in Column 1 of the Schedule where the beginning of the prescribed accounting period for which the VAT return is made is earlier than the date shown opposite that scheme in Column 2 of the Schedule.

(6) Paragraph (2) shall not have effect in relation to any scheme listed in Column 1 of the Schedule where the beginning of the prescribed accounting period in relation to which the claim is made is earlier than the date shown opposite that scheme in Column 2 of the Schedule.”.

(1)

Paragraph 6(1)(c) was inserted by paragraph 5(2) of Schedule 1 to the Finance (No. 2) Act 2005 (c. 22).

(2)

S.I. 1995/2518; relevant amending instruments are S.I. 2000/258, S.I. 2000/794 and S.I. 2004/1675.