Section 52 — Value Added Tax Regulations 1995: Admission to the scheme

Admission to the scheme 52 1 A taxable person shall be eligible to apply for authorisation under regulation 50(1) if—

a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b he has reasonable grounds for believing that the value of taxable supplies made or to be made by him in the period of 12 months beginning on the date of his application for authorisation will not exceed £1,350,000 ;

c his registration is not in the name of a group under section 43(1) of the Act;

d his registration is not in the name of a division under section 46(1) of the Act;

and e he has not in the 12 months preceding the date of his application for authorisation ceased to operate the scheme. 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 The Commissioners may refuse to authorise a person under regulation 50(1) where they consider it necessary to do so for the protection of the revenue. 53 1 An authorised person shall continue to account for VAT in accordance with the scheme until he ceases to be authorised.

2 An authorised person ceases to be authorised when—

a at the end of any transitional accounting period or current accounting year the value of taxable supplies made by him in that period or, as the case may be, year has exceeded £1,600,000 ; or b his authorisation is terminated in accordance with regulation 54 below;

c he—

i becomes insolvent and ceases to trade, other than for the purpose of disposing of stocks and assets; or ii ceases business or ceases to be registered; or iii dies, becomes bankrupt or incapacitated;

d he ceases to operate the scheme of his own volition. 54 1 The Commissioners may terminate an authorisation in any case where—

a a false statement has been made by or on behalf of an authorised person in relation to his application for authorisation; or b an authorised person fails to make by the due date a return in accordance with regulation 50(2)(b) or regulation 51(a)(iii) or (b); or c an authorised person fails to make any payment prescribed in regulation 50 or 51; or d where they receive a notification in accordance with paragraph (2) below; or e at any time during an authorised person’s transitional accounting period or current accounting year they have reason to believe, that the value of taxable supplies he will make during the period or as the case may be year, will exceed £1,600,000 ; or f it is necessary to do so for the protection of the revenue; or g an authorised person has not, in relation to a return made by him prior to authorisation, paid to the Commissioners all such sums shown as due thereon; or h an authorised person has not, in relation to any assessment made under either section 73 or section 76 of the Act, paid to the Commissioners all such sums shown as due thereon.

2 Where an authorised person has reason to believe that the value of taxable supplies made by him during a transitional accounting period or current accounting year will exceed £1,600,000 , he shall within 30 days notify the Commissioners in writing. 55 1 The date from which an authorised person ceases to be authorised in accordance with Regulation 53(2) shall be —

a where regulation 53(2)(a) applies, the day following the last day of the relevant transitional accounting period or current accounting year;

b where regulation 53(2)(b) applies, the day on which the Commissioners terminate his authorisation;

c where regulation 53(2)(c) applies, the day on which any one of the events mentioned in that paragraph occurs;

and d where regulation 53(2)(d) applies, the date on which the Commissioners are notified in writing of the authorised persons decision to cease using the scheme.

2 Where an authorised person ceases to be authorised, he or as the case may be, his representative, shall—

a if his authorisation ceases before the end of his transitional accounting period or current accounting year, make a return within 2 months of the date specified in paragraph (1)(b), (1)(c) or (1)(d) above, together with any outstanding payment due to the Commissioners in respect of his liability for VAT for that part of the period or year arising before the date he ceased to be authorised; or b if his authorisation ceases at the end of his transitional accounting period or current accounting year, make a return together with any outstanding payment due to the Commissioners in respect of his liability for VAT in accordance with regulation 51 or 50 above;

and in either case, from the day following the day on which he ceases to be authorised, account for and pay VAT as provided for otherwise than under this Part.