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Motion made, and Question put forthwith, pursuant to Standing Order No. 15 (Exempted business),
That, at this day's sitting, proceedings relating to Ways and Means in the name of Mr Chancellor of the Exchequer may be proceeded with, though opposed, until any hour.[Gillian Merron.]
(1) That it is expedient to amend the law with respect to the National Debt and the public revenue and to make further provision in connection with finance.
(2) This Resolution does not extend to the making of any amendment with respect to value added tax so as to provide
(ii) so far as it is applicable to services, applies to services of every description.[Dawn Primarolo.]
Mr. Speaker then, pursuant to Standing Order No. 51(3) (Ways and Means Motions), put forthwith the Questions necessary to dispose of the further motions.
That provision may be made for the purposes of value added tax in connection with goods subject to a warehousing regime.
That provision may be made for and in connection with amending section 57 of the Value Added Tax Act 1994.
(a) has accounted to the Commissioners for VAT for a prescribed accounting period (whenever ended), and
(1B) Where a person has for a prescribed accounting period (whenever ended) paid to the Commissioners an amount by way of VAT that was not VAT due to them, otherwise than as a result of
(a) as a result of a claim under this section by virtue of subsection (1) or (1A) above an amount falls to be credited to a person, and
(b) after setting any sums against it under or by virtue of this Act, some or all of that amount remains to his credit,
(5) In subsection (3) for "under this section, that repayment" there shall be substituted "under this section by virtue of subsection (1) or (1A) above, that the crediting".
(a) an amount would (apart from subsection (3) above) fall to be credited under subsection (1) or (1A) above to any person ("the taxpayer"), and
(b) the whole or a part of the amount brought into account as mentioned in paragraph (b) of that subsection has, for practical purposes, been borne by a person other than the taxpayer.".
(a) in the case of a claim by virtue of subsection (1) above, the end of the prescribed accounting period mentioned in that subsection, unless paragraph (b) below applies;
(b) in the case of a claim by virtue of subsection (1) above in respect of an erroneous voluntary disclosure, the end of the prescribed accounting period in which the disclosure was made;
(c) in the case of a claim by virtue of subsection (1A) above in respect of an assessment issued on the basis of an erroneous voluntary disclosure, the end of the prescribed accounting period in which the disclosure was made;
(d) in the case of a claim by virtue of subsection (1A) above in any other case, the end of the prescribed accounting period in which the assessment was made;
(e) in the case of a claim by virtue of subsection (1B) above, the date on which the payment was made.
In the case of a person who has ceased to be registered under this Act, any reference in paragraphs (b) to (d) above to a prescribed accounting period includes a reference to a period that would have been a prescribed accounting period had the person continued to be registered under this Act.
(4ZB) For the purposes of this section the cases where there is an erroneous voluntary disclosure are those cases where
(a) a person discloses to the Commissioners that he has not brought into account for a prescribed accounting period (whenever ended) an amount of output tax due for the period;
(a) an amount has been credited under subsection (1) or (1A) above to any person at any time on or after 26th May 2005, and
(b) the amount so credited exceeded the amount which the Commissioners were liable at that time to credit to that person,
the Commissioners may, to the best of their judgement, assess the excess credited to that person and notify it to him.".
"(7) Except as provided by this section, the Commissioners shall not be liable to credit or repay any amount accounted for or paid to them by way of VAT that was not VAT due to them.".
(11) The side-note to the section shall accordingly become "Credit for, or repayment of, overstated or overpaid VAT".
(13) In section 78, in subsection (1)(a) for "and which they are in consequence liable to repay to him" there shall be substituted "and, as a result, they are liable under section 80(2A) to pay (or repay) an amount to him,".
(b) in subsection (2)(b), for "the cost of the original payment of that amount to the Commissioners" there shall be substituted "the amount brought into account as mentioned in paragraph (b) of subsection (1) or (1A) of that section";
"(b) provision for cases where an amount is credited but an equal amount is not reimbursed in accordance with the arrangements;";
(f) in subsection (4)(a), for "to make the repayments to the Commissioners that they are required to make" there shall be substituted "to make the repayments, or give the notifications, to the Commissioners that they are required to make or give";
(a) an amount ("the gross credit") has been credited to any person under subsection (1) or (1A) of section 80,
(c) the amount reimbursed in accordance with the reimbursement arrangements was less than the gross credit,
(a) the person shall cease to be entitled to so much of the gross credit as exceeds the amount so reimbursed, and
(b) the Commissioners may, to the best of their judgement, assess the amount due from that person and notify it to him,
but an amount shall not be assessed under this subsection to the extent that the person is liable to pay it to the Commissioners as mentioned in subsection (1) above.
(1C) In determining the amount that a person is liable to pay as mentioned in subsection (1) above, any amount reimbursed in accordance with the reimbursement arrangements shall be regarded as first reducing so far as possible the amount that he would have been liable so to pay, but for the reimbursement of that amount.
(1E) Any reference in any other provision of this Act to an assessment under subsection (1) above includes, if the context so admits, a reference to an assessment under subsection (1B) above.".
(17) The amendments made by this Resolution shall have effect in any case where a claim under section 80(2) of the Value Added Tax Act 1994 is made on or after 26th May 2005, whenever the event occurred in respect of which the claim is made.
And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.
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