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The Value Added Tax (Removal of Goods) Order 1992

S.I. 1992/3111 · Made 9 December 1992 · Extends to United Kingdom

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VALUE ADDED TAX

Made 9th December 1992

Laid before the House of Commons 11th December 1992

Coming into force 1st January 1993

The Treasury, in exercise of the powers conferred on them by section 3(3) of the Value Added Tax Act 1983f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

1983 c. 55; section 3(3) was amended by section 14(2) of and paragraph 4(1) of Schedule 3 to the Finance (No. 2) Act 1992 (c. 48).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Signature
  7. Schedule EU LEGISLATION RELATING TO TEMPORARY IMPORTATION RELIEF Repealed
  8. Explanatory note

1I1

This Order may be cited as the Value Added Tax (Removal of Goods) Order 1992 and shall come into force on 1st January 1993.

2I1

In this Order—

  • “the Act” means the Value Added Tax Act F11994;

  • F2“departure country” means the member State or Northern Ireland (as the case may be) from which the goods mentioned in paragraph 30 of Schedule 9ZB to the Act are removed;

  • “destination country” means the member State or Northern Ireland (as the case may be) to which the goods mentioned in paragraph 30 of Schedule 9ZB to the Act are removed;

  • F3...

  • ...

  • “the owner” means the person F4referred to in paragraph 30(1) of Schedule 9ZB to the Act who is carrying on the business of which the goods form part of the assets;

  • F5...

  • “temporary importation relief” means relief F6under the temporary admission procedure provided for in Union customs legislation, other than partial relief, from payment of any duty incurred on the entry of goods into the territory of F7Northern Ireland or a member State;

  • F8“Union customs legislation” has the same meaning as in paragraph 1(8) of Schedule 9ZB to the Act.

3I1

For the purposes of this Order, a person is treated as being established in F1Northern Ireland or a member State (as the case may be) if he has there a business establishment or some other fixed establishment or carries on a business there through a branch or agency.

4I1

Subject to article 5 below, F1paragraph 30(1) and (2) of Schedule 9ZB to the Act shall not apply to the following removals of goods from a member State to a place in any other member State—

(a)

where the supply of the goods would be treated as having been made F2in a place other than the F3departure country by virtue of F4section 7(3) of, or paragraph 29 of Schedule 9ZB to, the Act;

(b)

where the supply of the goods would be treated as having been made in the F5departure country by virtue of the Value Added Tax (Place of Supply of Goods) Order F62004;

(c)

where the goods have been removed by or under the directions of the owner for the purpose of—

(i)

his delivering them to a person to whom he is supplying those goods; or

(ii)

his taking possession of them from a person who is supplying those goods to him,

and that supply is or will be zero-rated by virtue of F7section 30(6) to (8) of, or paragraph 17(3) of Schedule 9ZA to, the Act;

F8(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(e)

where—

(i)

the goods have been removed F10to a place in the destination country for the purpose of delivering them to a person (other than the owner) who is to value or carry out any work on them F11in that place; and

(ii)

the owner intends that the goods will be returned to him by their removal to the F12departure country upon completion of the valuation or work;

(f)

where—

(i)

the owner is established in the F13departure country and is not established in the F14destination country;

(ii)

they are removed for the sole purpose of their being used by the owner in the course of a supply of services to be made by him;

(iii)

at the time of their removal there exists a legally binding obligation to make that supply of services; and

(iv)

the owner intends to remove them to the F15departure country upon his ceasing to use them in the course of making the supply;

(g)

where—

(i)

temporary importation relief would have been afforded had the goods been imported from a place outside F16and Northern Ireland; and

F17(ii)

the owner intends, before the end of the period of two years beginning with the day on which the goods were removed, to—

(aa)

export the goods to a place outside the EU and Northern Ireland,

(bb)

remove the goods from Northern Ireland to Great Britain, or

(cc)

remove the goods to a place in Northern Ireland or a member State (as the case may be) other than the destination country;

(h)

where the goods are removed in accordance with an intention described in paragraph F18(e), (f)(iv) or (g)(ii) above;

F19(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5I1

In the case of a removal falling within paragraph F1(e), (f) or (g) above, it shall be a condition of F2paragraph 30(1) and (2) of Schedule 9ZB to the Act not applying that the relevant intention of the owner is fulfilled.

Signature

Irvine Patnick

Tim Boswell

Two of the Lords Commissioners of Her Majesty’s Treasury

9th December 1992

EU LEGISLATION RELATING TO TEMPORARY IMPORTATION RELIEFF1F2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 1st January 1993, is part of the package of new measures necessary as a result of the abolition of fiscal frontiers between member States of the Community from that date.

It sets out various circumstances in which movements of goods between member States will not be treated as a supply under paragraph 5A of Schedule 2 to the Value Added Tax Act 1983.

The Order, in conjunction with the Value Added Tax (Removal of Goods) (Accounting) Regulations 1992, partially implements Article 28a(5)(b) of EC Council Directive 77/388/EEC (OJ L145, 13.6.77, p.1), as amended by EC Council Directive 91/680/EEC (OJ L376, 31.12.91, p.1).