The Value Added Tax Regulations 1995
S.I. 1995/2518 · Made 27 September 1995 · Extends to United Kingdom
VALUE ADDED TAX
Made 27th September 1995
Laid before the House of Commons 28th September 1995
Coming into force 20th October 1995
The Commissioners of Customs and Excise, in exercise of the powers conferred on them by sections 3(4), 6(14), 7(9), 8(4), 12(3), 14(3), 16(1) and (2), 18(5) and (5A), 24(3), (4) and (6), 25(1), (4) and (6), 26(1), (3) and (4), 28(3), (4) and (5), 30(8), 35(2), 36(5), 37(3) and (4), 38, 39(1), 40(3), 46(2) and (4), 48(3)(b), (4) and (6), 49(2) and (3), 52, 54(1), (2), (3) and (6), 58, 79(3), 80(6), 88(3) and (5), 92(4), 93(1) and (2), 95(5) and 97(1) of, and paragraph 17 of Schedule 1, paragraph 9 of Schedule 2, paragraph 10 of Schedule 3, paragraphs 2(1) and (2) of Schedule 7, and paragraphs 2(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12), 5(4) and (9), 6(1) and (2) and 7(1) of Schedule 11 to, the Value Added Tax Act 1994f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:C1C2
Annotations to the whole text
Modifications
- C1
Regulations modified (10.6.2021 for specified purposes, 1.7.2021 in so far as not already in force) by 1994 c. 23, Sch. 9ZF para. 16(7) (as inserted by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 6; S.I. 2021/770, regs. 3, 4 (with regs. 5-7))
- C2
Regulations modified (1.7.2021 for specified purposes, 10.6.2021 for specified purposes, 1.3.2024 in so far as not already in force) by 1994 c. 23, Sch. 9ZF para. 18 (as inserted by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 6; S.I. 2021/770, regs. 3, 4 (with regs. 5-7); S.I. 2024/130, regs. 3, 4)
Footnotes
- f1
-
1994 c. 23 ; section 96(1) defines “the Commissioners” as meaning the Commissioners of Customs and Excise and “regulations” as meaning regulations made by the Commissioners under the Act; subsections (5) and (5A) of section 18 were respectively amended and inserted by section 29 of the Finance Act 1995 (c. 4) .
Contents
- Part I: PRELIMINARY
- 1Citation and commencement
- 2Interpretation—general
- 3Revocations and savings
- 4Requirement, direction, demand or permission
- 4AElectronic communication
- 4BRegulation 4B
- Part II: REGISTRATION AND PROVISIONS FOR SPECIAL CASES
- 5Registration and notification
- 6Transfer of a going concern
- 7Notice by partnership
- 8Representation of club, association or organisation
- 9Death, bankruptcy or incapacity of taxable person
- 10VAT representatives
- 11Notification of intended paragraph 6(2) of Schedule 9ZA supplies by intermediate suppliers
- 12Notification of intended paragraph 6(3) of Schedule 9ZA supplies by persons belonging in other member States
- Part III: VAT INVOICES AND OTHER INVOICING REQUIREMENTS
- A13Interpretation of Part 3 Repealed
- 13Obligation to provide a VAT invoice
- 13AElectronic invoicing
- 13BRegulation 13B
- 14Contents of VAT invoice
- 15Change of rate, credit notes
- 15AChange of rate, supplementary charge invoices
- 15BChange of liability: anti-forestalling invoices
- 15CChanges in consideration: debit notes and credit notes
- 16Retailers' invoices
- 16ASimplified invoices
- 16BRetailers' and simplified invoices: exceptions
- 17Paragraph 6(9) of Schedule 9ZA supplies to persons belonging in other member States
- 18Paragraph 6(2) of Schedule 9ZA supplies by intermediate suppliers
- 19Paragraph 6(3) of Schedule 9ZA supplies by persons belonging in other member States
- 20General
- Part IV: EC SALES STATEMENTS
- 21Interpretation of Part IV
- 22Submission of statements
- 22ZZARegulation 22ZZA
- 22ZARegulation 22ZA Repealed
- 22ARegulation 22A Repealed
- 22BRegulation 22B
- 22CRegulation 22C
- 23Final statements Repealed
- Part 4A: REVERSE CHARGE SALES STATEMENTS Repealed
- 23AInterpretation of Part 4A Repealed
- 23BNotification of first relevant supply Repealed
- 23CSubmission of Statements Repealed
- 23DNotification of cessation and recommencement of relevant supplies Repealed
- Part 4B: PROVISION OF INFORMATION RELATING TO ARRIVALS AND DISPATCHES
- Interpretation of Part 4B
- 23ERegulation 23E
- 23FRegulation 23F
- Part V: ACCOUNTING, PAYMENT AND RECORDS
- 24Interpretation of Part V
- 24ARegulation 24A
- 24BRegulation 24B
- 24CRegulation 24C
- 25Making of returns
- 25ARegulation 25A
- 26Accounting for VAT on an acquisition by reference to the value shown on an invoice
- 27Supplies under Schedule 4, paragraph 7
- 28Estimation of output tax
- 29Claims for input tax
- 30Persons acting in a representative capacity
- 31Records
- 31ARegulation 31A
- 31AAPreservation of records
- 31BRegulation 31B
- 31CRegulation 31C
- 32The VAT account
- 32ARecording and keeping of information in electronic form
- 32BExemption from the electronic recording requirements
- 32CElection not to be exempt
- 33The register of temporary movement of goods to and from other member States
- 33ARegulation 33A
- 33BRegulation 33B
- 34Correction of errors
- 35Correction of errors
- 36Notification of acquisition of goods subject to excise duty by non-taxable persons and payment of VAT
- 37Claims for credit for, or repayment of, overstated or overpaid VAT
- 38Adjustments in the course of business
- 38ZARegulation 38ZA
- 38AAdjustments where a supply becomes, or ceases to be, a supply to which section 55A(6) of the Act applies (customers to account for tax on supplies of goods or services of a kind used in missing trader ... fraud)
- 39Calculation of returns
- 40VAT to be accounted for on returns and payment of VAT
- 40ARegulation 40A
- 41Accounting etc. by reference to the duty point, and prescribed accounting period in which VAT on certain supplies is to be treated as being chargeable
- 42Accounting for VAT on the removal of goods
- 43Goods removed from warehousing regime
- Part VA: REIMBURSEMENT ARRANGEMENTS
- 43AInterpretation of Part VA
- 43BReimbursement arrangements—general
- 43CReimbursement arrangements—provisions to be included
- 43DRepayments to the CommissionersNotifications and repayments to the Commissioners
- 43ERecords
- 43FProduction of records
- 43GUndertakings
- 43HReimbursement arrangements made before 11th February 1998
- Part VI: PAYMENTS ON ACCOUNT
- 44Interpretation of Part VI
- 45Payments on Account
- 46Payments on Account
- 46APayments on Account
- 47Payments on Account
- 48Payments on Account
- Part VII: ANNUAL ACCOUNTING
- 49Interpretation of Part VII
- 50Annual accounting scheme
- 51Annual accounting scheme
- 52Admission to the scheme
- 53Admission to the scheme
- 54Admission to the scheme
- 55Admission to the scheme
- Part VIIA: FLAT-RATE SCHEME FOR SMALL BUSINESSES
- 55AInterpretation of Part VIIA
- 55BFlat-rate scheme for small businesses
- 55CRelevant supplies and purchases
- 55DMethod of accounting
- 55EInput tax
- 55FExceptional claims for VAT relief
- 55GDetermining relevant turnover
- 55HAppropriate percentage
- 55JBReduced appropriate percentage for newly registered period
- 55KCategory of business
- 55KAAppropriate percentage for limited-cost traders
- 55LAdmission to scheme
- 55MWithdrawal from the scheme
- 55NNotification
- 55PTermination by the Commissioners
- 55QDate of withdrawal from the scheme
- 55RSelf-supply on withdrawal from scheme
- 55SAdjustments in respect of stock on hand at withdrawal from scheme
- 55TAmendment by notice
- 55UReverse charges
- 55VBad debt relief
- Part VIII: CASH ACCOUNTING
- 56Interpretation of Part VIII
- 57Cash accounting scheme
- 57ARegulation 57A
- 58Admission to the scheme
- 59Admission to the scheme
- 60Admission to the scheme
- 61Admission to the scheme
- 62Admission to the scheme
- 63Admission to the scheme
- 64Withdrawal from the scheme
- 64ABad debt relief
- 65Accounting
- Part IX: SUPPLIES BY RETAILERS
- 66Interpretation of Part IX
- 67Retail schemes
- 68Retail schemes
- 69Retail schemes
- 69ARetail schemes
- 70Notification of use of a scheme Repealed
- 71Changing schemes
- 72Ceasing to use a scheme
- 73Supplies under Schedule 8, Group 1 Repealed
- 74Supplies under Schedule 8, Group 12 Repealed
- 75Change in VAT
- Part X: TRADING STAMPS
- 76Interpretation of Part X Repealed
- 77Trading stamp scheme Repealed
- 78Trading stamp scheme Repealed
- 79Trading stamp scheme Repealed
- 80Trading stamp scheme Repealed
- Part XI: TIME OF SUPPLY AND TIME OF ACQUISITION
- 81Goods for private use and free supplies of services
- 82Services from outside the United Kingdom
- 82AGoods supplied by persons outside the United Kingdom
- 83Time of acquisition
- 84Supplies of land—special cases
- 85Leases treated as supplies of goods
- 86Supplies of water, gas or any form of power, heat, refrigeration or other cooling, or ventilation
- 87Acquisitions of water, gas or any form of power, heat, refrigeration or other cooling, or ventilation Repealed
- 88Supplier’s goods in possession of buyer
- 89Retention payments
- 90Continuous supplies of services
- 90ARegulation 90A
- 90BRegulation 90B
- 91Royalties and similar payments
- 92Supplies of services by barristers and advocates
- 93Supplies in the construction industry
- 94General
- 94ARegulation 94A
- 94BRegulation 94B
- 95Supplies spanning change of rate etc.
- Part XII: VALUATION OF ACQUISITIONS
- 96Interpretation of Part XII
- 97Valuation of acquisitions
- Part XIII: PLACE OF SUPPLY
- 98Distance sales from Northern Ireland to the EU
- Part XIV: INPUT TAX AND PARTIAL EXEMPTION
- 99Interpretation of Part XIV and longer periods
- 100Regulation 100
- 101Attribution of input tax to taxable supplies
- 102Use of other methods
- 102ZARegulation 102ZA
- 102ARegulation 102A
- 102BRegulation 102B
- 102CRegulation 102C
- 103Attribution of input tax to foreign and specified supplies
- 103AAttribution of input tax to investment gold
- 103BAttribution of input tax incurred on services and related goods used to make financial supplies
- 104Attribution of input tax on self-supplies
- 105Treatment of input tax attributable to exempt supplies as being attributable to taxable supplies Repealed
- 105ARegulation 105A
- 106Regulation 106
- 106ZARegulation 106ZA
- 106ARegulation 106A
- 107Adjustment of attribution
- 107AAdjustment of attribution
- 107BAdjustment of attribution
- 107CAdjustment of attribution
- 107DAdjustment of attribution
- 107EAdjustment of attribution
- 107FAdjustment of attribution
- 108Adjustment of attribution
- 109Adjustment of attribution
- 109AAdjustment of attribution
- 110Adjustment of attribution
- 111Exceptional claims for VAT relief
- Part XV: ADJUSTMENTS TO THE DEDUCTION OF INPUT TAXON CAPITAL ITEMS
- 112Interpretation of Part XV
- 113Capital items to which this Part applies
- 113ARegulation 113A
- 114Period of adjustment
- 115Method of adjustment
- 116Ascertainment of taxable use of a capital item
- Part 15A: GOODS USED FOR NON-BUSINESS PURPOSES DURING THEIR ECONOMIC LIFE
- 116AApplication
- 116BInterpretation of this Part
- 116CEconomic life of goods
- 116DEconomic life of goods
- 116EValue of a relevant supply
- 116FValue of a relevant supply
- 116GLater increase in the full cost of goods
- 116HValue of relevant supplies made during a new economic life
- 116IValue of relevant supplies of goods which have two or more economic lives
- 116JTransitional provisions
- 116KTransitional provisions
- 116LTransitional provisions
- 116MTransitional provisions
- 116NTransitional provisions
- 116OApplication of this Part
- Part XVI: IMPORTATIONS, EXPORTATIONS AND REMOVALS IN RESPECT OF GREAT BRITAIN
- 117Interpretation of Part XVI
- 118Enactments excepted
- 119Regulations excepted
- 120EU legislation excepted Repealed
- 121Adaptations
- 121ARegulation 121A
- 121BRegulation 121B Repealed
- 121CRegulation 121C Repealed
- 121DModifications and exceptions for the application of returned goods relief
- 121ERepayment of import VAT to certain taxable persons
- 122Postal importations by registered persons in the course of business Repealed
- 123Temporary importations Repealed
- 124Reimportation of certain goods by non-taxable persons Repealed
- 125Reimportation of certain goods by taxable persons Repealed
- 126Reimportation of goods exported for treatment or process
- 127Supplies to export houses Repealed
- 128Export of freight containers
- 129Supplies to overseas persons
- 130... Repealed
- 131Regulation 131 Repealed
- 132Supplies to persons departing from Great Britain
- 133Regulation 133
- Part 16ZA: Importations, exportations and removals in respect of Northern Ireland
- 133AInterpretation
- 133ABEnactments excepted
- 133ACRegulations excepted
- 133ADUnion customs legislation excepted
- 133AEAdaptations
- 133AFAdaptations
- 133AGAdaptations
- 133AHAdaptations
- 133AIAdaptations
- 133AJAdaptations and exceptions for the application of returned goods relief in Northern Ireland
- 133AKTemporary importations into Northern Ireland
- 133ALNorthern Ireland: re-importation of goods exported for treatment or process
- 133AMExport of freight containers from Northern Ireland
- 133ANRepayments of import VAT to certain persons
- 133AORepayments of import VAT to certain persons
- 133APRepayments of import VAT to certain persons
- 133BSupplies to persons outside the relevant states
- 133CVAT Retail Export Scheme
- 133DSupplies to persons departing from the relevant states
- 133ERegulation 133E
- 133FSupplies to persons taxable in a member State
- 133GRegulation 133G
- 133HAdditional provision in relation to importations, exportations and removals in respect of Northern Ireland
- 133ISupplies of goods subject to excise duty to persons who are not taxable in a member state
- 133JScope of territories
- 133KEntry and exit formalities and use of the internal Community transit procedure in Northern Ireland
- 133LCustoms and excise legislation to be applied in Northern Ireland
- 133MCustoms and excise legislation to be applied in Northern Ireland
- 133NCustoms and excise legislation to be applied in Northern Ireland
- 134Supplies to persons taxable in another member State Repealed
- 134ARegulation 134A Repealed
- 135Supplies of goods subject to excise duty to persons who are not taxable in another member State Repealed
- 136Territories to be treated as excluded from or included in the territory of the European Union and of the member States Repealed
- 137Regulation 137 Repealed
- 138Regulation 138 Repealed
- 139Regulation 139 Repealed
- 140Entry and exit formalities Repealed
- 141Use of the internal Union transit procedure Repealed
- 142Customs and excise legislation to be applied Repealed
- 143Customs and excise legislation to be applied Repealed
- 144Customs and excise legislation to be applied Repealed
- 145Customs and excise legislation to be applied Repealed
- Part XVI(A): FISCAL AND OTHER WAREHOUSING REGIMES
- 145AInterpretation of Part XVI(A)
- 145BFiscal warehousing certificates
- 145CCertificates connected with services in fiscal or other warehousing regimes
- 145DVAT invoices relating to services performed in fiscal or other warehousing regimes
- 145EFiscal warehousing regimes
- 145FThe fiscal warehousing record and stock control
- 145GFiscal warehousing transfers in Great Britain
- 145HRemoval of goods from a fiscal warehousing regime and transfers outside Great Britain
- 145IRemoval of goods from a fiscal warehousing regime and transfers outside Great Britain
- 145JPayment on removal of goods from a fiscal warehousing regime
- 145KPlace of supply of goods subject to warehousing regime
- Part 16B: Northern Ireland fiscal and other Northern Ireland warehousing regimes
- 145LNorthern Ireland warehouses and fiscal warehouses: application of Part 16A with modifications
- 145MInterpretation
- 145NNorthern Ireland fiscal warehousing transfers
- 145ORemoval of goods from a Northern Ireland fiscal warehousing regime and transfers
- 145PRegulation 145P
- 145QPayment on removal of goods from a Northern Ireland fiscal warehousing regime
- 145RPlace of supply of goods subject to a Northern Ireland warehousing regime
- 145SFiscal warehousing certificates
- 145TNorthern Ireland: modification of Schedule 1A
- 145UModification of the Value Added Tax (Fiscal Warehousing) (Treatment of Transactions) Order 1996
- Part XVII: MEANS OF TRANSPORT
- 146Interpretation of Part XVII
- 147First entry into service of a means of transport
- 148Notification of acquisition of new ships or new aircraft by non-taxable persons and payment of VAT
- 148ANotification of the arrival in the United Kingdom of motorised land vehicles and payment of VAT
- 149Refunds in relation to new means of transport
- 150Regulation 150
- 151Regulation 151
- 152Regulation 152
- 153Regulation 153
- 154Regulation 154
- 155Supplies of new means of transport to persons departing Northern Ireland for a member State
- Part XVIII: BAD DEBT RELIEF (THE OLD SCHEME)
- 156Interpretation of Part XVIII Repealed
- 157The making of a claim to the Commissioners Repealed
- 158Evidence required of the claimant in support of the claim Repealed
- 159Evidence required of the claimant in support of the claim Repealed
- 160Preservation of documents and records and duty to produce Repealed
- 161Set-off of amounts between the claimant and the debtor Repealed
- 162Determination of outstanding amount of consideration in money Repealed
- 163Repayment of a refund Repealed
- 164Proving in the insolvency in Scotland Repealed
- Part XIX: BAD DEBT RELIEF (THE NEW SCHEME)
- 165Interpretation of Part XIX
- 165ATime within which a claim must be made
- 166The making of a claim to the Commissioners
- 166AAThe making of a claim to the Commissioners: special accounting schemes Repealed
- 166ANotice to purchaser of claim
- 167Evidence required of the claimant in support of the claim
- 168Records required to be kept by the claimant
- 169Preservation of documents and records and duty to produce
- 170Attribution of payments
- 170AAttribution of payments received under certain credit agreements
- 171Repayment of a refund
- 171ACalculation of repayment where reduction in consideration: special accounting schemes Repealed
- 171BTiming and method of repayments: special accounting schemes Repealed
- 172Writing off debts
- 172AWriting off debts—margin schemes
- 172BWriting off debts—tour operators margin scheme
- Part XIXA: REPAYMENT OF INPUT TAX WHERE CLAIM MADE UNDER PART XIX
- 172ZCApplication
- 172CInterpretation of Part XIXA
- 172DRepayment of input tax
- 172ERestoration of an entitlement to credit for input tax
- Part XIXB: REPAYMENT OF INPUT TAX WHERE CONSIDERATION NOT PAID
- 172FApplication
- 172GInterpretation
- 172HRepayment of input tax
- 172IRestoration of an entitlement to credit for input tax
- 172JAttribution of payments
- Part 19C: ADJUSTMENT OF OUTPUT TAX IN RESPECT OF SUPPLIES TO WHICH SECTION 55A (6) OF THE ACT APPLIES
- 172KRegulation 172K
- 172LAdjustment of output tax
- 172MReadjustment of output tax
- 172NReadjustment of output tax
- Part XX: REPAYMENTS TO COMMUNITY TRADERS
- 173Interpretation of Part XX Repealed
- 173ARepayments of VAT Repealed
- 173BRegulation 173B Repealed
- 173CRegulation 173C Repealed
- 173DRegulation 173D Repealed
- 173EPersons to whom this Part applies Repealed
- 173FTime when VAT is incurred Repealed
- 173GRepayment period Repealed
- 173HMinimum total claim for a repayment period Repealed
- 173IRequirements for a claim for repayment of VAT Repealed
- 173JRegulation 173J Repealed
- 173KRegulation 173K Repealed
- 173LContents of a repayment application Repealed
- 173MRegulation 173M Repealed
- 173NRegulation 173N Repealed
- 173ORegulation 173O Repealed
- 173PDay by which a claim under this Part must be made Repealed
- 173QNotification of entitlement to repayment Repealed
- 173RRequests for further information or a document Repealed
- 173SRelevant period applicable to any VAT for which repayment is claimed Repealed
- 173TExtension of the relevant period by virtue of the making of a request for information or a document Repealed
- 173UExtension of the relevant period where more than one request for information or a document is made in relation to the same VAT Repealed
- 173VTime when a repayment of VAT must be made Repealed
- 173WInterest on late payments Repealed
- 173XRegulation 173X Repealed
- 174... Repealed
- 175... Repealed
- 176... Repealed
- 177... Repealed
- 178... Repealed
- 179... Repealed
- 180Deduction of bank charges Repealed
- 181Treatment of claim ... Repealed
- 182Treatment of claim ... Repealed
- 183... Incorrect claims Repealed
- 184Regulation 184 Repealed
- 20ARepayments to EU traders incurring VAT on goods in Northern Ireland
- 184AApplication of this Part
- 184DRegulation 184D
- 184KARegulation 184KA
- 184KBRegulation 184KB
- Part 20B: Obligation on Commissioners to forward claims to member States
- 184LRegulation 184L
- Part XXI: REPAYMENTS TO TRADERS OUTSIDE THE UNITED KINGDOM
- 185Interpretation of Part XXI
- 186Repayments of VAT
- 187VAT representatives
- 188Persons to whom this Part applies
- 189Supplies and importations to which this Part applies
- 190VAT which will not be repaid
- 191Method of claiming
- 192Time within which a claim must be made
- 193Deduction of bank charges
- 194Treatment of claim ...
- 195Treatment of claim ... Repealed
- 196False, altered or incorrect claims
- 197False, altered or incorrect claims
- Part XXII: REPAYMENT SUPPLEMENT
- 198Computation of period Repealed
- 199Duration of period Repealed
- Part XXIII: REFUNDS TO “DO-IT-YOURSELF” BUILDERS
- 200Interpretation of Part XXIII
- 201Method and time for making claim
- 201ARegulation 201A Repealed
- Part XXIV: FLAT-RATE SCHEME FOR FARMERS
- 202Interpretation of Part XXIV
- 203Flat-rate scheme
- 204Admission to the scheme
- 205Certification
- 206Cancellation of certificates
- 206ANotification to Commissioners
- 207Death, bankruptcy or incapacity of certified person
- 208Further certification
- 209Claims by taxable persons for amounts to be treated as credits for input tax
- 210Duty to keep records
- 211Production of records
- Part XXV: DISTRESS AND DILIGENCE
- A212Regulation A212
- 212Distress Repealed
- 213Diligence
- Part 26: UK Union and Non-Union Special Accounting Schemes: Registration, Notification of Changes, and Returns
- 214Interpretation Repealed
- 215Registration requests: Non-Union scheme Repealed
- 216Registration requests: Union scheme Repealed
- 217Registration requests: declaration Repealed
- 218Communications with the Commissioners Repealed
- Part 27: NON-UK UNION AND NON-UNION SPECIAL ACCOUNTING SCHEMES: ADJUSTMENTS, CLAIMS AND ERROR CORRECTION Repealed
- 219Regulation 219 Repealed
- 220Correction of errors on non-UK and special scheme returns more than 3 years after the date the original return was required to be made Repealed
- 221Claims in respect of overpaid VAT Repealed
- 222Increases or decreases in consideration occurring more than 3 years after the end of the affected tax period Repealed
- 223Scheme participants who are also taxable persons: disapplication of paragraph 17(1) Repealed
- Signature
- Schedule 1Schedule 1 Repealed
- Schedule 1ASchedule 1A
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 2REVOCATIONS
- TABLE OF DERIVATIONS(This table is not part of the Regulations)
- Explanatory note