|
| |
| |
Schedules | |
Schedule 1 | |
Section 19 | |
VAT: face-value vouchers | |
1 In Part 3 of the Value Added Tax Act 1994 (c. 23) (application of Act in | |
particular cases) insert after section 51A— | 5 |
“51B Face-value vouchers | |
Schedule 10A shall have effect with respect to face-value vouchers.”. | |
2 After Schedule 10 to that Act insert— | |
“Schedule 10A | |
Face-value vouchers | 10 |
Meaning of “face-value voucher” etc | |
1 (1) In this Schedule “face-value voucher” means a token, stamp or | |
voucher (whether in physical or electronic form) that represents a | |
right to receive goods or services to the value of an amount stated | |
on it or recorded in it. | 15 |
(2) References in this Schedule to the “face value” of a voucher are to | |
the amount referred to in sub-paragraph (1) above. | |
Nature of supply | |
2 The issue of a face-value voucher, or any subsequent supply of it, | |
is a supply of services for the purposes of this Act. | 20 |
Treatment of credit vouchers | |
3 (1) This paragraph applies to a face-value voucher issued by a person | |
who— | |
(a) is not a person from whom goods or services may be | |
obtained by the use of the voucher, and | 25 |
(b) undertakes to give complete or partial reimbursement to | |
any such person from whom goods or services are so | |
obtained. | |
Such a voucher is referred to in this Schedule as a “credit voucher”. | |
(2) The consideration for any supply of a credit voucher shall be | 30 |
disregarded for the purposes of this Act except to the extent (if | |
any) that it exceeds the face value of the voucher. | |
| |
| |
|
| |
| |
(3) Sub-paragraph (2) above does not apply if any of the persons from | |
whom goods or services are obtained by the use of the voucher | |
fails to account for any of the VAT due on the supply of those | |
goods or services to the person using the voucher to obtain them. | |
Treatment of retailer vouchers | 5 |
4 (1) This paragraph applies to a face-value voucher issued by a person | |
who— | |
(a) is a person from whom goods or services may be obtained | |
by the use of the voucher, and | |
(b) if there are other such persons, undertakes to give | 10 |
complete or partial reimbursement to those from whom | |
goods or services are so obtained. | |
Such a voucher is referred to in this Schedule as a “retailer | |
voucher”. | |
(2) The consideration for the issue of a retailer voucher shall be | 15 |
disregarded for the purposes of this Act except to the extent (if | |
any) that it exceeds the face value of the voucher. | |
(3) Sub-paragraph (2) above does not apply if— | |
(a) the voucher is used to obtain goods or services from a | |
person other than the issuer, and | 20 |
(b) that person fails to account for any of the VAT due on the | |
supply of those goods or services to the person using the | |
voucher to obtain them. | |
(4) Any supply of a retailer voucher subsequent to the issue of it shall | |
be treated in the same way as the supply of a voucher to which | 25 |
paragraph 6 below applies. | |
Treatment of postage stamps | |
5 The consideration for the supply of a face-value voucher that is a | |
postage stamp shall be disregarded for the purposes of this Act | |
except to the extent (if any) that it exceeds the face value of the | 30 |
stamp. | |
Treatment of other kinds of face-value voucher | |
6 (1) This paragraph applies to a face-value voucher that is not a credit | |
voucher, a retailer voucher or a postage stamp. | |
(2) A supply of such a voucher is chargeable at the rate in force under | 35 |
section 2(1) (standard rate) except where sub-paragraph (3), (4) or | |
(5) below applies. | |
(3) Where the voucher is one that can only be used to obtain goods or | |
services in one particular non-standard rate category, the supply | |
of the voucher falls in that category. | 40 |
(4) Where the voucher is used to obtain goods or services all of which | |
fall in one particular non-standard rate category, the supply of the | |
voucher falls in that category. | |
| |
| |
|
| |
| |
(5) Where the voucher is used to obtain goods or services in a number | |
of different rate categories— | |
(a) the supply of the voucher shall be treated as that many | |
different supplies, each falling in the category in question, | |
and | 5 |
(b) the value of each of those supplies shall be determined on | |
a just and reasonable basis. | |
Vouchers supplied free with other goods or services | |
7 Where— | |
(a) a face-value voucher (other than a postage stamp) and | 10 |
other goods or services are supplied to the same person in | |
a composite transaction, and | |
(b) the total consideration for the supplies is no different, or | |
not significantly different, from what it would be if the | |
voucher were not supplied, | 15 |
the supply of the voucher shall be treated as being made for no | |
consideration. | |
Interpretation | |
8 (1) In this Schedule— | |
“credit voucher” has the meaning given by paragraph 3(1) | 20 |
above; | |
“face value” has the meaning given by paragraph 1(2) | |
above; | |
“face value voucher” has the meaning given by paragraph | |
1(1) above; | 25 |
“retailer voucher” has the meaning given by paragraph 4(1) | |
above. | |
(2) For the purposes of this Schedule— | |
(a) the “rate categories” of supplies are— | |
(i) supplies chargeable at the rate in force under | 30 |
section 2(1) (standard rate), | |
(ii) supplies chargeable at the rate in force under | |
section 29A (reduced rate), | |
(iii) zero-rated supplies, and | |
(iv) exempt supplies; | 35 |
(b) the “non-standard rate categories” of supplies are those in | |
sub-paragraphs (ii), (iii) and (iv) of paragraph (a) above; | |
(c) goods or services are in a particular rate category if a | |
supply of those goods or services falls in that category. | |
(3) A reference in this Schedule to a voucher being used to obtain | 40 |
goods or services includes a reference to the case where it is used | |
as part-payment for those goods or services.”. | |
3 In Schedule 6 to the Value Added Tax Act 1994 (c. 23) (valuation: special | |
cases), omit paragraph 5 (vouchers etc). | |
| |
| |
|
| |
| |
4 The amendments made by this Schedule apply to supplies of tokens, stamps | |
or vouchers issued on or after 9th April 2003. | |
Schedule 2 | |
Section 23 | |
Supply of electronic services in member States: VAT special accounting scheme | |
Introductory | 5 |
1 The Value Added Tax Act 1994 (c. 23) is amended as follows. | |
Insertion of new section 3A | |
2 After section 3 insert— | |
“3A Supply of electronic services in member States: special accounting | |
scheme | 10 |
(1) Schedule 3B (scheme enabling persons who supply electronically | |
supplied services in any member State, but who are not established | |
in a member State, to account for and pay VAT in the United | |
Kingdom on those supplies) has effect. | |
(2) The Treasury may by order amend Schedule 3B. | 15 |
(3) The power of the Treasury by order to amend Schedule 3B includes | |
power to make such incidental, supplemental, consequential and | |
transitional provision in connection with any amendment of that | |
Schedule as they think fit.”. | |
Persons registered under Schedule 1 | 20 |
3 In Schedule 1 (registration in respect of taxable supplies) in paragraph 13 | |
(cancellation of registration) at the end insert— | |
“(8) This paragraph is subject to paragraph 18 of Schedule 3B | |
(cancellation of registration under this Schedule of persons | |
seeking to be registered under that Schedule, etc).”. | 25 |
| |
| |
|
| |
| |
The special accounting scheme | |
4 After Schedule 3A insert— | |
“schedule 3b | |
Section 3A | |
Supply of electronic services in member States: special accounting | |
scheme | 5 |
Part 1 | |
Registration | |
The register | |
1 Persons registered under this Schedule are to be registered in a | |
single register kept by the Commissioners for the purposes of this | 10 |
Schedule. | |
Persons who may be registered | |
2 (1) A person may be registered under this Schedule if he satisfies the | |
following conditions. | |
(2) Condition 1 is that the person makes or intends to make qualifying | 15 |
supplies in the course of a business carried on by him. | |
(3) Condition 2 is that the person has neither his business | |
establishment nor a fixed establishment in the United Kingdom or | |
in another member State in relation to any supply of goods or | |
services. | 20 |
(4) Condition 3 is that the person is not— | |
(a) registered under this Act, | |
(b) identified for the purposes of VAT in accordance with the | |
law of another member State, or | |
(c) registered under an Act of Tynwald for the purposes of | 25 |
any tax imposed by or under an Act of Tynwald which | |
corresponds to VAT. | |
(5) Condition 4 is that the person— | |
(a) is not required to be registered or identified as mentioned | |
in condition 3, or | 30 |
(b) is required to be so registered or identified, but solely by | |
virtue of the fact that he makes or intends to make | |
qualifying supplies. | |
(6) Condition 5 is that the person is not identified under any provision | |
of the law of another member State which implements Article 26c. | 35 |
(7) In this Schedule, “Article 26c” means Article 26c of the 1977 VAT | |
Directive (which is inserted by Article 1(3) of the 2002 VAT | |
Directive). | |
(8) References in this Schedule to a person’s being registered under | |
this Act do not include a reference to that person’s being | 40 |
registered under this Schedule. | |
| |
| |
|
| |
| |
Qualifying supplies | |
3 In this Schedule, “qualifying supply” means a supply of | |
electronically supplied services (within the meaning of paragraph | |
7C of Schedule 5) to a person who— | |
(a) belongs in the United Kingdom or another member State, | 5 |
and | |
(b) receives those services otherwise than for the purposes of | |
a business carried on by him. | |
Registration request | |
4 (1) If a person— | 10 |
(a) satisfies the Commissioners that the conditions in | |
paragraph 2 above are satisfied in his case, and | |
(b) makes a request in accordance with this paragraph (a | |
“registration request”), | |
the Commissioners must register him under this Schedule. | 15 |
(2) Sub-paragraph (1) above is subject to paragraph 9 below. | |
(3) A registration request must contain the following particulars— | |
(a) the name of the person making the request; | |
(b) his postal address; | |
(c) his electronic addresses (including any websites); | 20 |
(d) where he has been allocated a number by the tax | |
authorities in the country in which he belongs, that | |
number; | |
(e) the date on which he began, or intends to begin, making | |
qualifying supplies. | 25 |
(4) A registration request must include a statement that the person | |
making the request is not— | |
(a) registered under this Act, | |
(b) identified for the purposes of VAT in accordance with the | |
law of another member State, or | 30 |
(c) registered under an Act of Tynwald for the purposes of | |
any tax imposed by or under an Act of Tynwald which | |
corresponds to VAT. | |
(5) A registration request must be made by such electronic means, | |
and in such manner, as the Commissioners may direct or may by | 35 |
regulations prescribe. | |
Date on which registration takes effect | |
5 (1) Where a person is registered under this Schedule, his registration | |
takes effect— | |
(a) on the date on which his registration request is made, or | 40 |
(b) on such earlier or later date as may be agreed between him | |
and the Commissioners. | |
(2) For the purposes of sub-paragraph (1) above— | |
(a) no registration is to take effect before 1st July 2003, and | |
| |
| |
|
