Value Added Tax Regulations 1995
Sections and provisions with full text and the judgments that cite each one.
Section 34 — Correction of errors
Correction of errors 34 — 1 Subject to paragraph (1A) below, this regulation applies where a taxable person has made a return, or returns, to the Controller which overstated or understated his…
Section 36 — Notification of acquisition of goods subject to excise duty by non-taxable persons and payment of VAT
Notification of acquisition of goods subject to excise duty by non-taxable persons and payment of VAT 36 — 1 Where— a a taxable acquisition of goods subject to excise duty takes place in the United…
Section 37 — Claims for credit for, or repayment of, overstated or overpaid VAT
Claims for credit for, or repayment of, overstated or overpaid VAT 37 Any claim under section 80 of the Act shall be made in writing to the Commissioners and shall, by reference to such documentary…
Section 38 — Adjustments in the course of business
Adjustments in the course of business 38 — 1 ... This regulation applies where— a there is an increase in consideration for a supply, or b there is a decrease in consideration for a supply, which…
Section 38A — Adjustments where a supply becomes, or ceases to be, a supply to which section 55A(6) of the Act applies (customers to account for tax on supplies of goods or services of a kind used in missing trader ... fraud)
Adjustments where a supply becomes, or ceases to be, a supply to which section 55A(6) of the Act applies (customers to account for tax on supplies of goods or services of a kind used in missing…
Section 39 — Calculation of returns
Calculation of returns 39 — 1 Where a person is required by regulations made under the Act to make a return to the Controller, the amounts to be entered on that return shall be determined in…
Section 40 — VAT to be accounted for on returns and payment of VAT
VAT to be accounted for on returns and payment of VAT 40 1 Any person making a return shall in respect of the period to which the return relates account in that return for— a all his output tax, aa…
Section 41 — Accounting etc. by reference to the duty point, and prescribed accounting period in which VAT on certain supplies is to be treated as being chargeable
Accounting etc. by reference to the duty point, and prescribed accounting period in which VAT on certain supplies is to be treated as being chargeable 41 — 1 Where in respect of— a any supply by a…
Section 42 — Accounting for VAT on the removal of goods
Accounting for VAT on the removal of goods 42 — 1 This regulation applies— a where goods have been removed— i from Northern Ireland to a member State, or ii from a member State to a different Member…
Section 43 — Goods removed from warehousing regime
Goods removed from warehousing regime 43 — 1 This regulation applies to a registered person who is an approved person within the meaning of the Excise Duties (Deferred Payment) Regulations 1992 in…
Section 43A — Interpretation of Part VA
Interpretation of Part VA 43A In this Part— “claim” means— a claim made under section 80 of the Act for credit of an amount accounted for to the Commissioners or assessed by them as output tax which…
Section 44 — Interpretation of Part VI
Interpretation of Part VI 44 In this Part— “body corporate” means a body corporate which is under a duty to make payments on account by virtue of the Value Added Tax (Payments on Account) Order 1993…
Section 45 — Payments on Account
Payments on Account 45 Save in a case to which regulation 48 applies, the Commissioners shall give to a taxable person who is under a duty to make payments on account notification in writing of— a…
Section 49 — Interpretation of Part VII
Interpretation of Part VII 49 In this Part— “authorised person” means a person who has been authorised by the Commissioners in accordance with regulation 50(1), and “authorised” and “authorisation”…
Section 50 — Annual accounting scheme
Annual accounting scheme 50 1 The Commissioners may, subject to the requirements of this Part, authorise a taxable person to pay and account for VAT by reference to any transitional accounting…
Section 52 — 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…
Section 55A — Interpretation of Part VIIA
Interpretation of Part VIIA 55A 1 In this Part— ... “capital expenditure goods” means any goods of a capital nature but does not include any goods acquired by a flat-rate trader (whether before he is…
Section 55KA — Appropriate percentage for limited-cost traders
Appropriate percentage for limited-cost traders 55KA 1 This regulation applies for determining the appropriate percentage to be applied for a prescribed accounting period in which a flat-rate trader…
Section 55B — Flat-rate scheme for small businesses
Flat-rate scheme for small businesses 55B 1 The Commissioners may, subject to the requirements of this Part, authorise a taxable person to account for and pay VAT in respect of his relevant supplies…
Section 55JB — Reduced appropriate percentage for newly registered period
Reduced appropriate percentage for newly registered period 55JB 1 This regulation applies where a flat-rate trader’s start date falls within one year of his EDR . 2 Except that this regulation does…
Section 55C — Relevant supplies and purchases
Relevant supplies and purchases 55C 1 Subject to paragraphs (3) , (5) and (6) , any— a supply of any goods or services to, b acquisition of any goods from another member State by, or c importation of…
Section 55D — Method of accounting
Method of accounting 55D Subject to regulations 55H, 55JB and 55KA below, for any prescribed accounting period of a flat-rate trader, the output tax due from him in respect of his relevant supplies…
Section 55E — Input tax
Input tax 55E 1 For any prescribed accounting period of a flat-rate trader, he is entitled to credit for input tax in respect of any relevant purchase of his of capital expenditure goods with a…
Section 55F — Exceptional claims for VAT relief
Exceptional claims for VAT relief 55F 1 This regulation applies where— a the first prescribed accounting period for which a taxable person is authorised to account for and pay VAT in accordance with…
Section 55G — Determining relevant turnover
Determining relevant turnover 55G 1 The Commissioners shall prescribe, in a notice published by them, three methods to determine when supplies are to be treated as taking place for the purpose of…
Section 55H — Appropriate percentage
Appropriate percentage 55H 1 Subject to regulation 55KA, the appropriate percentage to be applied by a flat-rate trader for any prescribed accounting period, or part of a prescribed accounting period…
Section 55K — Category of business
Category of business 55K 1 Where, at a relevant date, a flat-rate trader is expected, on reasonable grounds, to carry on business in more than one category in the period concerned, paragraph (3)…
Section 55L — Admission to scheme
Admission to scheme 55L 1 A taxable person shall be eligible to be authorised to account for VAT in accordance with the scheme at any time if— a there are reasonable grounds for believing that— i the…
Section 55M — Withdrawal from the scheme
Withdrawal from the scheme 55M 1 Subject to paragraph (2) below, a flat-rate trader ceases to be eligible to be authorised to account for VAT in accordance with the scheme where— a at any anniversary…
Section 55N — Notification
Notification 55N 1 Subject to paragraph (1A), where— a at the first day of the prescribed accounting period current at any anniversary of his start date, b the appropriate percentage to be applied by…
Section 55P — Termination by the Commissioners
Termination by the Commissioners 55P The Commissioners may terminate the authorisation of a flat-rate trader at any time if— a they consider it necessary to do so for the protection of the revenue,…
Section 55Q — Date of withdrawal from the scheme
Date of withdrawal from the scheme 55Q 1 The date on which a flat-rate trader ceases to be authorised to account for VAT in accordance with the scheme shall be— a where regulation 55M(1)(a) applies—…
Section 55R — Self-supply on withdrawal from scheme
Self-supply on withdrawal from scheme 55R 1 This regulation applies where— a a person continues to be a taxable person after his end date, b for any prescribed accounting period for which he was a…
Section 55S — Adjustments in respect of stock on hand at withdrawal from scheme
Adjustments in respect of stock on hand at withdrawal from scheme 55S 1 This regulation applies where— a a person continues to be a taxable person after his end date, b at his end date, he has stock…
Section 55T — Amendment by notice
Amendment by notice 55T The Commissioners may vary the terms of any method prescribed by them for the purposes of regulations 55G or 55S by publishing a fresh notice or publishing a notice that…
Section 55U — Reverse charges
Reverse charges 55U Section 8 of the Act (reverse charge on supplies from abroad) shall not apply to any relevant supply or relevant purchase of a flat-rate trader.
Section 55V — Bad debt relief
Bad debt relief 55V 1 This regulation applies where— a a person has made a relevant supply, b he has used the cash turnover method to determine the value of his relevant turnover for the prescribed…
Section 56 — Interpretation of Part VIII
Interpretation of Part VIII 56 In this Part— “money” means banknotes or coins; “notice” means any notice published pursuant to this Part.
Section 57 — Cash accounting scheme
Cash accounting scheme 57 A taxable person may, subject to this Part and to such conditions as are described in a notice published by the Commissioners, account for VAT in accordance with a scheme…
Section 58 — Admission to the scheme
Admission to the scheme 58 1 Without prejudice to paragraph (4) below, a taxable person shall be eligible to begin to operate the scheme from the beginning of any prescribed accounting period if— a…
Section 64 — Withdrawal from the scheme
Withdrawal from the scheme 64 1 A person shall not be entitled to continue to operate the scheme where— a he has, while operating the scheme, been convicted of an offence in connection with VAT or…
Section 64A — Bad debt relief
Bad debt relief 64A Where a person accounts for and pays VAT in relation to a supply in accordance with regulation 61(3) or (6) or 64(2), he shall be treated for the purposes of section 36(1)(a) of…
Section 65 — Accounting
Accounting 65 — 1 Except in the circumstances set out in regulations 61 to 63, VAT shall be accounted for and paid to the Commissioners by the due date prescribed for the accounting period in which…
Section 66 — Interpretation of Part IX
Interpretation of Part IX 66 In this Part— “flat-rate trader” has the meaning given in regulation 55A; “notice” means any notice or leaflet published by the Commissioners pursuant to this Part;…
Section 67 — Retail schemes
Retail schemes 67 — 1 The Commissioners may permit the value which is to be taken as the value, in any prescribed accounting period or part thereof, of supplies by a retailer which are taxable at…
Section 70 — Notification of use of a scheme
Notification of use of a scheme 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 71 — Changing schemes
Changing schemes 71 1 Save as the Commissioners may otherwise allow, a retailer who accounts for VAT on the basis of taxable supplies valued in accordance with any scheme shall, so long as he remains…
Section 72 — Ceasing to use a scheme
Ceasing to use a scheme 72 — 1 A retailer shall notify the Commissioners before ceasing to account for VAT on the basis of taxable supplies valued in accordance with these regulations. 2 A retailer…
Section 73 — Supplies under Schedule 8, Group 1
Supplies under Schedule 8, Group 1 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 74 — Supplies under Schedule 8, Group 12
Supplies under Schedule 8, Group 12 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .