Regulation 11 Repayments to European Union traders
In regulation 173 (interpretation of Part 20)—
in paragraph (1)—
omit the definitions of “calendar year” and “official authority”;
after the definition of “claimant” insert—
““claimant’s member State” means the member State in which the claimant is established;
“principal VAT Directive” means Council Directive 2006/112/EC;
“repayment period” means a period of time falling within one of the periods described in regulation 173G;
“repayment year” means the period of 12 calendar months commencing on 1st January.”;
for paragraph (2) substitute—
“(2)For the purposes of this Part, a person (P) is treated as being established in a country if—
(a)P has there a business establishment or some other fixed establishment from which business transactions are effected; or
(b)P’s usual place of residence is there where P has no such establishment as is described in sub-paragraph (a) above in that country or elsewhere.”; and
in paragraph (3)—
omit the word “and” immediately preceding sub-paragraph (b); and
after sub-paragraph (b) insert—
“(c)(d)a reference to Article 214 of the principal VAT Directive is a reference to that Article—
(i)as amended by Article 2(8) of Council Directive 2008/8/EC, and
(ii)as applied in the claimant’s member State;
(e)a reference to any other Article in the principal VAT Directive or to any Article in the refund Directive is a reference to such Article as applied in the claimant’s member State; and
(f)a reference to Council Regulation (EC) No 1798/2003f3 is a reference to that Regulation as amended by Council Regulations (EC) No 885/2004f4, (EC) No 1791/2006f5, (EC) No 143/2008f6 and (EC) No 37/2009f7.”.
Annotations
Footnotes
- f1
-
OJ No L 44, 20.02.08 p 23.
- f2
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OJ No L 44, 20.02.08 p 11.
- f3
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OJ No L 264, 15.10.03 p 1.
- f4
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OJ No L 168, 01.05.04 p 1.
- f5
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OJ No L 363, 20.12.06 p 1.
- f6
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OJ No L 44, 20.2.08 p 1.
- f7
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OJ No L 14, 20.2.09 p 1.