OpenLegislation

The Value Added Tax (Tour Operators) (Amendment) (EU Exit) Regulations 2019

S.I. 2019/73 · Made 17 January 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Value Added Tax

Approved by the House of Commons

Made 17th January 2019

Laid before the House of Commons 22nd January 2019

Coming into force in accordance with regulation 1

The Treasury make these Regulations in exercise of the powers conferred by sections 51(1)(a), 51(3)(a) and 52(2) of the Taxation (Cross-border Trade) Act 2018 M1.

In accordance with section 51(1) of that Act, 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 in relation to value added tax. In accordance with section 52(2) of that Act, the Treasury consider it appropriate in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU, for the following Regulations to come into force on such day or days as the Treasury may by regulations under section 52 of that Act appoint.

Annotations to the whole text

Marginal citations

M1

2018 c. 22; section 51(1)(a) permits “the appropriate Minister” to make provision relating to value added tax and under section 51(4)(b) “the appropriate Minister” means the Treasury.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Value Added Tax (Tour Operators) Order 1987
  3. 3Regulation 3
  4. 4Regulation 4
  5. 5Amendment of the Value Added Tax Act 1994
  6. 6Regulation 6
  7. Signature
  8. Explanatory note

1Citation and commencementI1I2

These Regulations may be cited as the Value Added Tax (Tour Operators) (Amendment) (EU Exit) Regulations 2019 and come into force on such day or days as the Treasury may by regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.

2Amendment of the Value Added Tax (Tour Operators) Order 1987I1I2

The Value Added Tax (Tour Operators) Order 1987 M1 is amended as follows.

3I1I2

In article 3(1), for “in a member State of the European Union in which he has established his business or has a fixed establishment” substitute “ who has a business establishment, or some other fixed establishment, in the United Kingdom ”.

4I1I2

For article 5, substitute—

“

5

A designated travel service shall be treated for the purposes of the Value Added Tax Act 1994 as supplied in the United Kingdom regardless of the place where it is to be enjoyed.”.

5Amendment of the Value Added Tax Act 1994I1I2

Group 8 of Schedule 8 (zero-rating: transport) to the Value Added Tax Act 1994 M1 is amended as follows.

6I1I2

For Item 12 substitute—

“

12

The supply of a designated travel service to be enjoyed outside the United Kingdom, to the extent to which the supply is so enjoyed.”.

Signature

Jeremy Quin

Paul Maynard

Two of the Lords Commissioners for Her Majesty's Treasury

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Value Added Tax (Tour Operators) Order 1987 (“the Order”) and Schedule 8 to the Value Added Tax Act 1994 (“the Act”) for the purpose of making changes to the VAT Tour Operators Margin Scheme that are appropriate in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU. The provisions will come into force on a day or days to be appointed by the Treasury in further regulations.

Regulation 3 amends the definition of “designated travel service” in article 3 of the Order, substituting a reference to the United Kingdom for the member States of the EU.

Regulation 4 amends the place of supply rules for designated travel services in article 5 of the Order, substituting a reference to the United Kingdom for the member States of the EU.

Regulations 5 and 6 amend Group 8 of Schedule 8 to the Act to apply the zero rate of VAT to supplies of designated travel services to be enjoyed outside the United Kingdom, rather than outside the EU.

This instrument will be covered by an overarching HMRC impact assessment on VAT and services which will be published and available on the website at https://www.gov.uk/government/collections/customs-vat-and-excise-regulations-leaving-the-eu-with-no-deal.