PART 2Exceptions

Exceptions from section 102 of the Finance Act 2009 - repayment interestI12

1

Section 102 of the Finance Act 2009 (repayment interest on sums to be paid by HMRC)8 does not apply to an amount that is payable by HMRC to any person under the provisions listed in paragraph (2) if the amount is payable otherwise than in consequence of a return made by the person in accordance with regulation 25 of the VAT Regulations (making of returns)9.

2

The provisions referred to in paragraph (1) are—

a

section 33 of VATA 1994 (refunds of VAT in certain cases)10;

b

section 33A of VATA 1994 (refunds of VAT to museums and galleries)11;

c

section 33B of VATA 1994 (refunds of VAT to academies)12;

d

section 33C of VATA 1994 (refunds of VAT to charities within section 33D)13;

e

section 33E(2) of VATA 1994 (power to extend refunds of VAT to a specified person)14;

f

section 35 of VATA 1994 (refunds of VAT to persons constructing certain buildings)15;

g

section 36 of VATA 1994 (bad debts)16 in circumstances where the person is making the claim in accordance with regulation 166(2) of the VAT Regulations (the making of a claim to the Commissioners);

h

section 39 of VATA 1994 (repayment of VAT to those in business overseas)17;

i

paragraph 19 of Schedule 9ZA to VATA 1994 (refunds in relation to new means of transport supplied to member States)18;

j

regulation 111(5) of the VAT Regulations (exceptional claims for VAT relief)19.