OpenLegislation

Article 4 I1

United Kingdom

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)

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

Annotations

Textual amendments

F1

Words in art. 4 substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(a) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F2

Words in art. 4(a) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(b)(i) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F3

Words in art. 4(a) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(b)(ii) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F4

Words in art. 4(a) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(b)(iii) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F5

Words in art. 4(b) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(c)(i) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F6

Word in art. 4(b) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(c)(ii) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F7

Words in art. 4(c) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(d) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F8

Art. 4(d) omitted (1.1.2013) by virtue of The Value Added Tax (Removal of Goods) (Amendment) Order 2012 (S.I. 2012/2953), arts. 1, 2(2)(a)

F9

Art. 4(e) substituted (1.1.2013) by The Value Added Tax (Removal of Goods) (Amendment) Order 2012 (S.I. 2012/2953), arts. 1, 2(2)(b)

F10

Words in art. 4(e)(i) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(e)(i)(aa) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F11

Words in art. 4(e)(i) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(e)(i)(bb) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F12

Words in art. 4(e)(ii) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(e)(ii) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F13

Words in art. 4(f)(i) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(f)(i)(aa) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F14

Words in art. 4(f)(i) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(f)(i)(bb) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F15

Words in art. 4(f)(iv) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(f)(ii) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F16

Words in art. 4(g)(i) inserted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(g)(i) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F17

Art. 4(g)(ii) substituted (31.12.2020) by The Value Added Tax (Miscellaneous Amendments, Northern Ireland Protocol and Savings and Transitional Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1545), regs. 1, 6(g)(ii) (with regs. 109-131); S.I. 2020/1641, reg. 2, Sch.

F18

Word in art. 4(h) substituted (1.1.2013) by The Value Added Tax (Removal of Goods) (Amendment) Order 2012 (S.I. 2012/2953), arts. 1, 2(2)(c)

F19

Art. 4(i) omitted (1.1.2013) by virtue of The Value Added Tax (Removal of Goods) (Amendment) Order 2012 (S.I. 2012/2953), arts. 1, 2(2)(d)

Commencement

I1

Art. 4 in force at 1.1.1993, see art. 1