OpenLegislation

Article 4 Treatment of transactionsI1

United Kingdom

(1)

Each of the following descriptions of transactions shall be treated as neither a supply of goods nor a supply of services—

(a)

the disposal of any of the goods described in paragraph (3) below by a person who repossessed them under the terms of a finance agreement;

(b)

the disposal of any of the goods described in paragraph (3) below by an insurer who has taken possession of them in settlement of a claim under a policy of insurance;

(c)

the disposal of a boat by a mortgagee after he has taken possession thereof under the terms of a marine mortgage;

(d)

the disposal of an aircraft by a mortgagee after he has taken possession thereof under the terms of an aircraft mortgage;

if, in each case, the goods so disposed of are in the same condition at the time of disposal as they were when they were repossessed or taken into possession, as the case may be, and if a supply of them in the United Kingdom by the person from whom in each case they were obtained would not have been chargeable with VAT, or would have been chargeable with VAT on less than the full value of such supply.

F1(1A)

Paragraph (1)(a) above shall not apply where adjustment, whether or not made under regulation 38 of the Value Added Tax Regulations 1995, has taken account, or may later take account, of VAT on the initial supply under the finance agreement as a result of repossession and the goods delivered under that agreement were delivered on or after 1st September 2006.

(2)

Paragraph (1) of this article shall not apply to reimported goods which were previously exported from the United Kingdom or the Isle of Man free of VAT chargeable under the Act or VAT chargeable under Part I of the Manx Act by reason of the zero-rating provisions of either F2Act, or regulations made under either Act, or to imported goods which have not borne VAT chargeable under either of those Acts in the United Kingdom or the Isle of Man.

(3)

The goods referred to in subparagraphs (a) and (b) of paragraph (1) above are as follows:

(a)

works of art, antiques and collectors' items;

(b)

second-hand goods.

Annotations

Textual amendments

F1

Art. 4(1A) inserted (13.4.2006) by The Value Added Tax (Special Provisions) (Amendment) Order 2006 (S.I. 2006/869), arts. 1, 3

F2

Words in art. 4(2) inserted (1.6.1995) by The Value Added Tax (Special Provisions) Order 1995 (Amendment) Order 1995 (S.I. 1995/1385), arts. 1, 2

Commencement

I1

Art. 4 in force at 1.6.1995, see art. 1