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The Value Added Tax (Margin Schemes and Removal or Export of Goods: VAT-related Payments) Order 2023

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9.—(1) This article applies where a person (P) has made a claim under article 8 which has overstated or understated P’s entitlement to a VAT-related payment (the entitlement).

(2) Where P has overstated the entitlement P must account for the overstatement in the form and manner directed by the Commissioners and by the earlier of the following—

(a)the date on which P next makes a claim after the overstatement comes to P’s knowledge; or

(b)the end of the prescribed period in which the overstatement comes to P’s knowledge.

(3) Where P has understated the entitlement P may make a claim under article 8 for the amount understated. The claim for the understatement may be made solely in connection with the amount understated or combined with a claim for a further VAT-related payment.

(4) Paragraphs (2) and (3) do not apply if a period of 4 years has elapsed since the end of the prescribed period during which the relevant time applicable to the relevant supply which is the subject of the accounting under paragraph (2) or the claim under paragraph (3) occurs.

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