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The Customs and Value Added Tax (Managed Transition Procedure) (EU Exit) Regulations 2021 in England

S.I. 2021/1375 · Made 7 December 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union

Customs

Value Added Tax

Made 7th December 2021

Laid before the House of Commons 8th December 2021

Coming into force 31st December 2021

The Treasury make these Regulations in exercise of the powers conferred by section 51(1) and (3)(a) of the Taxation (Cross-border Trade) Act 2018f1.

The Treasury consider it appropriate in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU to make the following provision, including such provision as might be made by Act of Parliament.

Annotations to the whole text

Footnotes

f1

2018 c. 22. Section 51(4)(b) defines the “appropriate Minister” as meaning the Treasury.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. Part 2: Extension of period in which the Customs (Managed Transition Procedure) (EU Exit) Regulations 2019 apply
  4. 2Amendment of the Customs (Managed Transition Procedure) (EU Exit) Regulations 2019
  5. Part 3: Accounting for import VAT by VAT registered persons making customs declarations by conduct
  6. 3Interpretation
  7. 4Application
  8. 5Obligation to account for and pay import VAT in accordance with this Part
  9. 6Relevant importation
  10. 7Obligation to account for import VAT on VAT return
  11. 8Application with modifications of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 2019
  12. 9Modification of the Value Added Tax Regulations 1995 where this Part applies
  13. Signature
  14. Explanatory note

1Citation and commencement

These Regulations may be cited as the Customs and Value Added Tax (Managed Transition Procedure) (EU Exit) Regulations 2021 and come into force on 31st December 2021.

2Amendment of the Customs (Managed Transition Procedure) (EU Exit) Regulations 2019

(1)

The Customs (Managed Transition Procedure) (EU Exit) Regulations 2019f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and effect), for “12” substitute “24” in each place it occurs.

3Interpretation

In this Part—

  • “Commissioners” means HMRC Commissionersf1;

  • “eligible person” has the meaning given by regulation 3(2) of the Customs (Managed Transition Procedure) (EU Exit) Regulations 2019f2;

  • “import VAT” means value added tax chargeable by virtue of section 1(1)(c)f3 of VATA 1994;

  • “prescribed accounting period” has the meaning given by section 25(1)f4 of VATA 1994;

  • “registered for VAT” refers to registration under Schedule 1f5 or 3Af6 to VATA 1994;

  • “relevant importation” has the meaning given in regulation 6;

  • “VATA 1994” means the Value Added Tax Act 1994.

4Application

This Part applies in any case where—

(a)

Part 2 of the Customs (Managed Transition Procedure) (EU Exit) Regulations 2019 applies,

(b)

the eligible person is registered, or required to be registered, for VAT, and

(c)

the eligible person, or an individual on behalf of the eligible person, declares the goods by conduct for the free-circulation procedure in accordance with regulation 4 of those Regulations.

5Obligation to account for and pay import VAT in accordance with this Part

(1)

An eligible person (P) must account for and pay import VAT on goods which comprise a relevant importation in accordance with the provision made by this Part.

(2)

The effect of section 16(2) of VATA 1994 (application of customs enactments)f1 is modified to the extent that this Part makes different provision for accounting for import VAT, including the timing of such accounting, on a relevant importation.

6Relevant importation

A “relevant importation” is an importation of goods into the United Kingdom where the goods are—

(a)

chargeable with import VAT for which P is liable,

(b)

used or to be used by P for the purposes of a business P carries on, and

(c)

required to be declared for the free-circulation proceduref1 under Part 1 (import duty) of the Taxation (Cross-border Trade) Act 2018.

7Obligation to account for import VAT on VAT return

P must account for and pay the import VAT on goods which comprise a relevant importation on the return that P is required to make for the prescribed accounting period in which the liability for the import VAT is incurred.

8Application with modifications of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 2019

The following provisions of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 2019f1 apply for the purposes of this Part with, where applicable, the stated modification—

(a)

regulation 8 (interest in cases of official error) applies as if the reference to the importation of relevant goods were a reference to a relevant importation;

(b)

regulation 10(1)(a) and (2) (appeals).

9Modification of the Value Added Tax Regulations 1995 where this Part applies

Where this Part applies the following provisions of the Value Added Tax Regulations 1995f1 apply with the stated modifications—

(a)

regulation 28 (estimation of output tax) is to be read as if—

(i)

the reference to “output tax” includes import VAT chargeable on goods comprising a relevant importation; and

(ii)

the words from “in the next prescribed accounting period” to the end were “in the prescribed accounting period in which the Commissioners make available to the person details of the amount of import duty due from the person on goods comprising a relevant importation (and “import duty” in this regulation means import duty charged under section 1 of the Taxation (Cross-border Trade) Act 2018).”;

(b)

regulation 29(3) (claims for input tax) is to be read as if the words from “in the next prescribed accounting period” to the end were “in the prescribed accounting period in which the Commissioners make available to the person details of the amount of import duty due from the person in that prescribed accounting period on goods comprising a relevant importation (and “import duty” in this regulation means import duty charged under section 1 of the Taxation (Cross-border Trade) Act 2018).”;

(c)

regulation 32(3)(baa) (the VAT account) and regulation 40(1)(ba) (VAT to be accounted for on returns and payment of VAT) are to be read as if after “2019,” were added “or Part 3 of the Customs and Value Added Tax (Managed Transition Procedure) (EU Exit) Regulations 2021,”.

Signature

Craig Whittaker

Rebecca Harris

Two of the Lords Commissioners for Her Majesty’s Treasury

7th December 2021

Explanatory note

(This note is not part of the Regulations)

These Regulations make appropriate transitory provision relating to customs and value added tax in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU.

Part 1 provides for citation and commencement.

Part 2 amends the Customs (Managed Transition Procedure) (EU Exit) Regulations 2019 (S.I. 2019/487) (“Managed Transition Regulations”) to extend the period in which the Managed Transition Regulations apply (and thereby to extend the period during which the existing powers to make public notices under the Managed Transition Regulations may be exercised) for a further 12 months (subject to any provision in regulations providing for them to cease to have effect on an earlier date). The Managed Transition Regulations will now cease to have effect at the end of the period of 24 months beginning with IP completion day.

Part 3 sets out how an eligible person making a Customs declaration for the free-circulation procedure by conduct specified in a public notice under regulation 4 of the Managed Transition Regulations is to account for import VAT in respect of relevant importations. The terms “eligible person” and “relevant importation” are defined terms (see regulations 3 and 6).

Regulation 7 provides that a person to whom Part 3 of these Regulations applies is to account for import VAT on relevant importations on the return the person is required to make for the prescribed accounting period in which the liability for import VAT is incurred.

Regulation 8 provides that regulations 8 (interest in cases of official error) (modified as stated) and 10(1)(a) and (2) (appeals) of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/60) apply where Part 3 of these Regulations applies.

Regulation 9 provides that regulations 28 (estimation of output tax), 29(3) (claims for input tax), 32(3)(baa) (the VAT account) and 40(1)(ba) (VAT to be accounted for on returns and payment of VAT) of the Value Added Tax Regulations 1995 (S.I. 1995/2518) apply with the stated modifications where Part 3 of these Regulations applies.

Any notices that are made under the Managed Transition Regulations will be published at: https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. A person unable to access the notices electronically may access them in hard copy by post free of charge on application to 0300 322 9434.

A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins.