SCHEDULES

SCHEDULE 2Supplementary charge to VAT

Part 2Exceptions

Letting etc of assets

11

1

This paragraph applies in relation to a supply within paragraph 2 which arises from the letting, hiring or rental of assets.

2

There is no supplementary charge under this Schedule if—

a

the period to which the VAT invoice or payment referred to in paragraph 2(1) relates does not exceed 12 months, and

b

the VAT invoice is issued, or the payment is received, in accordance with normal commercial practice in relation to the letting, hiring or rental of such assets.

Condition B cases involving normal commercial practice

12

There is no supplementary charge under this Schedule on a supply of goods or services within paragraph 2 or a grant of a right to goods or services within paragraph 3 if—

a

the only relevant condition met is condition B, and

b

the supply is made, or the right is granted, in accordance with normal commercial practice in relation to the supply of, or the grant of a right to, such goods or services.

Condition D cases involving hire purchase, conditional sale or credit sale of goods

13

There is no supplementary charge under this Schedule on a supply of goods within paragraph 2 if—

a

the only relevant condition met is condition D,

b

the VAT invoice—

i

relates to a supply of goods made under a hire-purchase, conditional sale or credit sale agreement,

ii

forms part of that agreement, and

iii

is issued in accordance with normal commercial practice in relation to a supply made under such an agreement, and

c

the basic time of supply of the goods is intended and expected to be within 6 months of the date of the VAT invoice which relates to the supply.

Normal commercial practice

14

In this Part of this Schedule, “normal commercial practice”, in relation to a supply or grant of a right, means—

a

normal commercial practice of the supplier or grantor at a time when an increase in the rate of VAT in force under section 2 of VATA 1994 is not expected, or

b

if the supplier or grantor has no such practice, the normal commercial practice of suppliers making similar supplies, or granters granting similar rights, in the United Kingdom at such a time.

Further exceptions

15

1

The Treasury may by order provide that there is no supplementary charge under this Schedule on supplies (including grants of rights to goods or services) of a description specified in the order.

2

An order under this paragraph—

a

may make provision having effect in relation to supplies of goods or services that are treated as taking place on or after 22 June 2010 or a later date, and

b

may have effect in relation to a supplementary charge which has become due before the order is made.