OpenLegislation

Regulation 43A Interpretation of Part VAF1C1F2

In this Part—

  • F3“claim” means—

    1. (a)

      a claim made under section 80 of the Act for credit of an amount accounted for to the Commissioners or assessed by them as output tax which was not output tax due to them; F4...

    2. (b)

      ...

    and “claimed” and “claimant” are to be construed accordingly;.

  • “reimbursement arrangements” means any arrangements (whether made before, on or after 30th January 1998) for the purposes of a claim which—

    1. (a)

      are made by a claimant for the purpose of securing that he is not unjustly enriched by the F5repayment crediting of any amount in pursuance of the claim; and

    2. (b)

      provide for the reimbursement of persons (consumers) who have, for practical purposes, borne the whole or any part of the F6cost of the original payment of that amount to the Commissioners original amount brought into account as output tax that was not output tax due;

  • “relevant amount” means that part (which may be the whole) of the amount of a claim which the claimant has reimbursed or intends to reimburse to consumers.

Annotations

Textual amendments

F1

Pt. 5A inserted (11.2.1998) by The Value Added Tax (Amendment) Regulations 1998 (S.I. 1998/59), regs. 1, 2

F2

Regs. 37A-37H renumbered as regs. 43A-43H (1.4.1999) by The Value Added Tax (Amendment) Regulations 1999 (S.I. 1999/438), regs. 1, 3

F3

Words in reg. 43A substituted (1.1.2015) by The Value Added Tax (Amendment) (No.3) Regulations 2014 (S.I. 2014/2430), regs. 1(3), 3

F4

Words in reg. 43A omitted (31.12.2020) by virtue of The Value Added Tax (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/59), regs. 1, 40; S.I. 2020/1641, reg. 2, Sch.

F5

Word in reg. 43A substituted (1.9.2005 in relation to claims made under 1994 c. 23, s. 80 on or after that date) by The Value Added Tax (Amendment) (No. 2) Regulations 2005 (S.I. 2005/2231), regs. 1(2), 3(b)(i)

F6

Words in reg. 43A substituted (1.9.2005 in relation to claims made under 1994 c. 23, s. 80 on or after that date) by The Value Added Tax (Amendment) (No. 2) Regulations 2005 (S.I. 2005/2231), regs. 1(2), 3(b)(ii)

Modifications

C1

Reg. 43A 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. 15 (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))