SCHEDULES
I1SCHEDULE 3 Value added tax: abolition of fiscal frontiers etc.
Part I Amendments of the Value Added Tax Act 1983 (c. 55)
Transitional provisions
I875
In paragraph 6 of Schedule 10 (relief for vehicles in respect of which purchase tax was remitted), for the words from “as imported" to the end of the paragraph there shall be substituted “
for the purposes of value added tax in respect of goods acquired from another member State or, as the case may be, value added tax in respect of goods imported from places outside the member States, as so acquired or imported
”
.
Part I Amendments of the Value Added Tax Act 1983 (c. 55)
Rate of tax and determination of value
I311
In section 9(1) (rate of tax)—
a
after paragraph (a) there shall be inserted the following paragraph—
aa
on the acquisition of goods from another member State, by reference to the value of the acquisition as determined under this Act; and
b
in paragraph (b), after the word “goods", in the first place where it occurs, there shall be inserted “
from a place outside the member States
”
.
I212
1
In subsection (1) of section 10 (value of supply of goods or services), for “shall be determined as follows" there shall be substituted “
shall, except as otherwise provided by or under this Act, be determined in accordance with this section and Schedule 4 to this Act, and for those purposes subsections (2) to (4) below have effect subject to that Schedule
”
.
2
For subsection (3) of that section (value where supply for no consideration or for consideration not or not wholly in money) there shall be substituted the following subsection—
3
If the supply is for a consideration not consisting or not wholly consisting of money, its value shall be taken to be such amount in money as, with the addition of the tax chargeable, is equivalent to the consideration.
I413
After section 10 there shall be inserted the following section—
10A Valuation of acquisitions from other member States.
1
For the purposes of this Act the value of any acquisition of goods from another member State shall be taken to be the value of the transaction in pursuance of which they are acquired.
2
Where goods are acquired from another member State otherwise than in pursuance of a taxable supply, the value of the transaction in pursuance of which they are acquired shall be determined for the purposes of subsection (1) above in accordance with this section and Schedule 4A to this Act, and for those purposes—
a
subsections (3) to (5) below have effect subject to Schedule 4A to this Act; and
b
section 10 above and Schedule 4 to this Act shall not apply in relation to the transaction.
3
If the transaction is for a consideration in money, its value shall be taken to be such amount as is equal to the consideration.
4
If the transaction is for a consideration not consisting or not wholly consisting of money, its value shall be taken to be such amount in money as is equivalent to the consideration.
5
Where a transaction in pursuance of which goods are acquired from another member State is not the only matter to which a consideration in money relates, the transaction shall be deemed to be for such part of the consideration as is properly attributable to it.
I514
1
In subsection (1) of section 11 (value of imported goods), for the words from “imported goods" onwards there shall be substituted “
goods imported from a place outside the member States shall (subject to subsections (2) and (2A) below) be determined according to the rules applicable in the case of Community customs duties, whether or not the goods in question are subject to any such duties.
”
2
In subsection (2) of that section, for the words before paragraph (a) there shall be substituted “
For the purposes of this Act the value of any goods imported from a place outside the member States shall be taken to include the following so far as they are not already included in that value in accordance with the rules mentioned in subsection (1) above, that is to say-
”
.
3
After subsection (2) of that section there shall be inserted the following subsection—
2A
Subject to subsection (2) above, where—
a
goods are imported from a place outside the member States for a consideration which is or includes a price in money payable as on the transfer of property;
b
the terms on which those goods are so imported allow a discount for prompt payment of that price;
c
those terms do not include provision for payment of that price by instalments; and
d
payment of that price is made in accordance with those terms so that the discount falls to be allowed,
the value of the goods shall be taken for the purposes of this Act to be reduced by the amount of the discount.
Special rules for valuation
I661
1
In Schedule 4, paragraphs 2 and 5 (valuation for purposes of tax on importation where persons connected and prompt payment discounts) shall cease to have effect.
2
After paragraph 3 of that Schedule there shall be inserted the following paragraph—
3A
1
Where—
a
any goods whose supply involves their removal to the United Kingdom—
i
are charged in connection with their removal to the United Kingdom with a duty of excise or with car tax; or
ii
on that removal are subject, in accordance with any provision for the time being having effect for transitional purposes in connection with the accession of any State to the European Communities, to any Community customs duty or agricultural levy of the Economic Community;
or
b
the time of supply of any dutiable goods, or of any goods which comprise a mixture of dutiable goods and other goods, is determined under section 35(4) of this Act to be the duty point,
then the value of the supply shall be taken for the purposes of this Act to be the sum of its value apart from this paragraph and the amount, so far as not already included in that value, of the duty, tax or, as the case may be, agricultural levy which has been or is to be paid in respect of the goods.
2
In this paragraph “dutiable goods” and “duty point” have the same meanings as in section 35 of this Act.
3
In paragraph 7 of that Schedule (valuation of supplies where there is no consideration)—
a
at the beginning there shall be inserted “
(1)
”
;
b
in sub-paragraph (b), after “paragraph 5(1)" there shall be inserted “
or 5A
”
; and
c
for the words from “the value" to the end of the paragraph there shall be substituted—
then, except where paragraph 10 below applies, the value of the supply shall be determined as follows.
2
The value of the supply shall be taken to be—
a
such consideration in money as would be payable by the person making the supply if he were, at the time of the supply, to purchase goods identical in every respect (including age and condition) to the goods concerned; or
b
where the value cannot be ascertained in accordance with paragraph (a) above, such consideration in money as would be payable by that person if he were, at that time, to purchase goods similar to, and of the same age and condition as, the goods concerned; or
c
where the value can be ascertained in accordance with neither paragraph (a) nor paragraph (b) above, the cost of producing the goods concerned if they were produced at that time.
3
For the purposes of sub-paragraph (2) above the amount of consideration in money that would be payable by any person if he were to purchase any goods shall be taken to be the amount that would be so payable after the deduction of any amount included in the purchase price in respect of value added tax on the supply of the goods to that person.
4
After paragraph 8 of that Schedule there shall be inserted the following paragraph—
8A
Where any supply of services is treated by virtue of section 7 of this Act as made by the person by whom they are received, the value of the supply shall be taken—
a
in a case where the consideration for which the services were in fact supplied to him was a consideration in money, to be such amount as is equal to that consideration; and
b
in a case where that consideration did not consist or not wholly consist of money, to be such amount in money as is equivalent to that consideration.
5
For paragraph 11 of that Schedule (rates of exchange) there shall be substituted the following paragraph—
11
1
Subject to the following provisions of this paragraph, where—
a
there is a supply of goods or services; and
b
any sum relevant for determining the value of the supply is expressed in a currency other than sterling,
then, for the purpose of valuing the supply, that sum is to be converted into sterling at the market rate which, on the relevant day, would apply in the United Kingdom to a purchase with sterling by the person to whom they are supplied of that sum in the currency in question.
2
Where the Commissioners have published a notice which, for the purposes of this paragraph, specifies—
a
rates of exchange; or
b
methods of determining rates of exchange,
a rate specified in or determined in accordance with the notice, as for the time being in force, shall apply (instead of the rate for which sub-paragraph (1) above provides) in the case of any supply by a person who opts, in such manner as may be allowed by the Commissioners, for the use of that rate in relation to that supply.
3
An option for the purposes of sub-paragraph (2) above for the use of a particular rate or method of determining a rate—
a
shall not be exercised by any person except in relation to all such supplies by him as are of a particular description or after a particular date; and
b
shall not be withdrawn or varied except with the consent of the Commissioners and in such manner as they may require.
4
In specifying a method of determining a rate of exchange a notice published by the Commissioners under sub-paragraph (2) above may allow a person to apply to the Commissioners for the use, for the purpose of valuing some or all of his supplies, of a rate of exchange which is different from any which would otherwise apply.
5
On an application made in accordance with provision contained in a notice under sub-paragraph (4) above, the Commissioners may authorise the use with respect to the applicant of such a rate of exchange, in such circumstances, in relation to such supplies and subject to such conditions as they think fit.
6
A notice published by the Commissioners for the purposes of this paragraph may be withdrawn or varied by a subsequent notice published by the Commissioners.
7
The time by reference to which the appropriate rate of exchange is to be determined for the purpose of valuing any supply is the time when the supply takes place; and, accordingly, the day on which it takes place is the relevant day for the purposes of sub-paragraph (1) above.
I762
After Schedule 4 there shall be inserted the following Schedule—
SCHEDULE 4A Valuation of Acquisitions from other member States - Special Cases
1
1
Where, in the case of the acquisition of any goods from another member State—
a
the relevant transaction is for a consideration in money;
b
the value of the relevant transaction is (apart from this paragraph) less than the transaction’s open market value;
c
the supplier and the person who acquires the goods are connected; and
d
that person is not entitled under sections 14 and 15 of this Act to credit for all the tax on the acquisition,
the Commissioners may direct that the value of the relevant transaction shall be taken to be its open market value.
2
A direction under this paragraph shall be given by notice in writing to the person by whom the acquisition in question is made; but no direction may be given more than three years after the relevant time.
3
A direction given to a person under this paragraph in respect of a transaction may include a direction that the value of any transaction—
a
in pursuance of which goods are acquired by him from another member State after the giving of the notice, or after such later date as may be specified in the notice; and
b
as to which the conditions in paragraphs (a) to (d) of sub-paragraph (1) above are satisfied,
shall be taken to be its open market value.
4
For the purposes of this paragraph the open market value of a transaction in pursuance of which goods are acquired from another member State shall be taken to be the amount which would fall to be taken as its value under section 10A(3) of this Act if it were for such consideration in money as would be payable by a person standing in no such relationship with any person as would affect that consideration.
5
For the purposes of this paragraph any question whether a person is connected with another shall be determined in accordance with section 839 of the Income and Corporation Taxes Act 1988.
6
A direction under this paragraph may be varied or withdrawn by the Commissioners by a further direction given by notice in writing.
2
1
Where, in such cases as the Commissioners may by regulations prescribe, goods acquired in the United Kingdom from another member State—
a
are charged in connection with their removal to the United Kingdom with a duty of excise or with car tax; or
b
on that removal are subject, in accordance with any provision for the time being having effect for transitional purposes in connection with the accession of any State to the European Communities, to any Community customs duty or agricultural levy of the Economic Community,
then the value of the relevant transaction shall be taken for the purposes of this Act to be the sum of its value apart from this paragraph and the amount, so far as not already included in that value, of the duty, tax or, as the case may be, agricultural levy which has been or is to be paid in respect of those goods.
2
Sub-paragraph (1) above shall not require the inclusion of any amount of duty or agricultural levy in the value of a transaction in pursuance of which there is an acquisition of goods which, under subsection (4) of section 35 of this Act, is treated as taking place before the time which is the duty point within the meaning of that section.
3
1
Where goods are acquired from another member State in pursuance of anything which is treated as a supply for the purposes of this Act by virtue of paragraph 5(1) or 5A of Schedule 2 to this Act, the value of the relevant transaction shall be determined, in a case where there is no consideration, as follows.
2
The value of the transaction shall be taken to be—
a
such consideration in money as would be payable by the supplier if he were, at the time of the acquisition, to purchase goods identical in every respect (including age and condition) to the goods concerned; or
b
where the value cannot be ascertained in accordance with paragraph (a) above, such consideration in money as would be payable by the supplier if he were, at that time, to purchase goods similar to, and of the same age and condition as, the goods concerned; or
c
where the value can be ascertained in accordance with neither paragraph (a) nor paragraph (b) above, the cost of producing the goods concerned if they were produced at that time.
3
For the purposes of sub-paragraph (2) above the amount of consideration in money that would be payable by any person if he were to purchase any goods shall be taken to be the amount that would be so payable after the deduction of any amount included in the purchase price in respect of value added tax on the supply of the goods to that person.
4
1
Subject to the following provisions of this paragraph, where—
a
goods are acquired from another member State; and
b
any sum relevant for determining the value of the relevant transaction is expressed in a currency other than sterling,
then, for the purpose of valuing the relevant transaction, that sum is to be converted into sterling at the market rate which, on the relevant day, would apply in the United Kingdom to a purchase with sterling by the person making the acquisition of that sum in the currency in question.
2
Where the Commissioners have published a notice which, for the purposes of this paragraph, specifies—
a
rates of exchange; or
b
methods of determining rates of exchange,
a rate specified in or determined in accordance with the notice, as for the time being in force, shall apply (instead of the rate for which sub-paragraph (1) above provides) in the case of any transaction in pursuance of which goods are acquired by a person who opts, in such manner as may be allowed by the Commissioners, for the use of that rate in relation to that transaction.
3
An option for the purposes of sub-paragraph (2) above for the use of a particular rate or method of determining a rate—
a
shall not be exercised by any person except in relation to all such transactions in pursuance of which goods are acquired by him from another member State as are of a particular description or after a particular date; and
b
shall not be withdrawn or varied except with the consent of the Commissioners and in such manner as they may require.
4
In specifying a method of determining a rate of exchange a notice published by the Commissioners under sub-paragraph (2) above may allow a person to apply to the Commissioners for the use, for the purpose of valuing some or all of the transactions in pursuance of which goods are acquired by him from another member State, of a rate of exchange which is different from any which would otherwise apply.
5
On an application made in accordance with provision contained in a notice under sub-paragraph (4) above, the Commissioners may authorise the use with respect to the applicant of such a rate of exchange, in such circumstances, in relation to such transactions and subject to such conditions as they think fit.
6
A notice published by the Commissioners for the purposes of this paragraph may be withdrawn or varied by a subsequent notice published by the Commissioners.
7
Where goods are acquired from another member State, the appropriate rate of exchange is to be determined for the purpose of valuing the relevant transaction by reference to the relevant time; and, accordingly, the day on which that time falls is the relevant day for the purposes of sub-paragraph (1) above.
5
In this Schedule—
“relevant transaction”, in relation to any acquisition of goods from another member State, means the transaction in pursuance of which the goods are acquired;
“the relevant time”, in relation to any such acquisition, means—
- a
if the person by whom the goods are acquired is not a taxable person and the time of acquisition does not fall to be determined in accordance with regulations made under section 8B(3) above, the time of the event which, in relation to that acquisition, is the first relevant event for the purposes of taxing the acquisition; and
- b
in any other case, the time of acquisition.
Sch. 3 wholly in force; Sch. 3 not in force at Royal Assent see s. 14(3); Sch. 3 partly in force at 1.8.1992 by S.I. 1992/1867, art. 3, Sch. Pt. I; Sch. 3 partly in force at 1.12.1992 S.I. 1992/2979, art. 4, Sch. Pt. II; Sch. 3 in force, insofar as not already in force, at 1.1.1993 by S.I. 1992/3261, art. 3, Sch. (with transitional provisions in arts. 4, 5, 6, and 7).