Car Tax Regulations 1983

JurisdictionUK Non-devolved
CitationSI 1983/1781
Year1983

1983 No. 1781

CAR TAX

The Car Tax Regulations 1983

2ndDecember 1983

9thDecember 1983

1stJanuary 1984

ARRANGEMENT OF REGULATIONS

PART I

PRELIMINARY

Regulation

1. Citation and commencement

2. Interpretation

3. Revocations and savings

PART II

REGISTRATION, NOTIFICATION AND PROVISIONS FOR SPECIAL CASES

4. Notification of liability to be registered

5. Transfer of liability for the tax

6. Death, bankruptcy or incapacity of a registered person

PART III

ACCOUNTING FOR AND PAYMENT OF THE TAX

7. Keeping of records by registered persons

8. Making of returns by registered persons

9. Payment of the tax

PART IV

VEHICLES DELIVERED ON SALE OR RETURN

10. Keeping of records by a person to whom vehicles are delivered

11. Making of returns by a person to whom vehicles are delivered

12. Vehicles treated as ceasing to be the property of a registered person

PART V

CERTIFICATES AND STATEMENTS AS TO PAYMENT OF THE TAX

13. Furnishing of certificates by registered persons

14. Statement to accompany certain untaxed vehicles

15. Certificates of the Commissioners

PART VI

REMISSION OF THE TAX ON IMPORTED VEHICLES

16. Remission of the tax on vehicles reimported

17. Personal vehicles permanently imported

18. Vehicles imported as wedding gifts

19. Visiting Forces

20. Personal vehicles temporarily imported

21. Compliance with conditions

22. Vehicles acquired by inheritance

23. Vehicles imported to undergo examination or tests

PART VII

DISPUTES, DISTRESS AND DILIGENCE

24. Prescribed period for disputes as to wholesale value

25. Distress

26. Diligence

The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 8 of, and paragraph 12 of Schedule 1 to, the Car Tax Act 1983(a) and of all other powers enabling them in that behalf, hereby make the following Regulations:—

PART I

PRELIMINARY

Citation and commencement

1. These Regulations may be cited as the Car Tax Regulations 1983 and shall come into operation on 1st January 1984.

Interpretation

2. In these Regulations—

"the Act" shall mean the Car Tax Act 1983;

"identifying particulars", in relation to a vehicle, shall mean the particulars sufficient to identify it, including the date of its manufacture or

(a) 1983 c. 53.

importation, the make, model and colour, and the serial numbers of the chassis and engine;

"Permanent Reliefs Order" shall mean the Customs and Excise Duties (Personal Reliefs for Goods Permanently Imported) Order 1983(a);

"quarterly period" shall mean the three-monthly period ending on and including the last day of February, the last day of May, the last day of August and the last day of November, in any year;

"Temporary Reliefs Order" shall mean the Customs and Excise Duties (Personal Reliefs for Goods Temporarily Imported) Order 1983(b);

"vehicle" shall mean a chargeable vehicle.

Revocations and savings

3.—(1) The Regulations specified in Schedule 1 to these Regulations are hereby revoked.

(2) Where any document used or required for the purpose of the tax refers to a provision of a regulation revoked by these Regulations, such reference shall, unless the contrary intention appears, be construed as referring to the corresponding provision of these Regulations.

PART II

REGISTRATION, NOTIFICATION AND PROVISIONS FOR SPECIAL CASES

Notification of liability to be registered

4. Where a person is liable to be registered he shall include in his notification to the Commissioners the following particulars—

(a) his name and address and the name in which he carries on business;

(b) the number of vehicles made or imported by him in the course of his business during the calendar year in which the notification is given and in the preceding calendar year; and

(c) the address of every place in the United Kingdom used by him in the course of his business for making or storing vehicles and the address where the principal records and accounts of his business are kept.

Transfer of liability for the tax

5.—(1) This regulation shall apply where, in the course of transferring a business or part of a business as a going concern, a registered person transfers the property in a vehicle—

(a) before the tax on such vehicle has become due; and

(a) S.I. 1983/1828.

(b) S.I. 1983/1829.

(b) for a consideration which does not include an amount in respect of the tax payable.

(2) Where this regulation applies, the tax shall be payable by the person to whom the property in the vehicle has passed and the provisions of the Act and of these Regulations shall apply to such person as they apply to a registered person, subject to the modifications mentioned in paragraph (3) below.

(3) The following modifications shall have effect—

(a) in section 5(2)(b) of the Act, the reference to a vehicle which is delivered under an agreement providing for its sale or return shall be deemed to include a reference to a vehicle which has been so delivered before the property therein was transferred as mentioned in paragraph (1) above;

(b) in section 5(2)(c) of the Act, the reference to the premises of a registered person shall be deemed to include a reference to the premises of the person by whom the vehicle is transferred; and

(c) where the person to whom the vehicle is transferred is not liable to be registered or the Commissioners do not think fit to register him, the tax shall be accounted for and paid by him at the time it becomes due, and in such a case, the provisions of regulation 13 below shall not apply.

Death, bankruptcy or incapacity of a registered person

6.—(1) If a registered person dies or becomes bankrupt or incapacitated, the Commissioners may, from the date on which he died or became bankrupt or incapacitated until some other person is registered in respect of his business or the incapacity ceases, as the case may be, treat as a registered person any person carrying on that business and the provisions of the Act and of these Regulations shall apply to any person so treated as though he were a registered person.

(2) Any person carrying on such business as aforesaid shall, within 21 days of commencing to do so, inform the Commissioners in writing of the date of the death or of the nature of the incapacity and the date on which it began.

PART III

ACCOUNTING FOR AND PAYMENT OF THE TAX

Keeping of records by registered persons

7. Save as the Commissioners otherwise direct, a registered person shall keep the following records and accounts and shall preserve them for a period of not less than three years—

(a) a record of every vehicle made or imported by him, including its identifying particulars;

(b) a record of every vehicle appropriated to his own use, the date when it was so appropriated and the amount of the tax due;

(c) a record of every vehicle delivered by him under an agreement providing for its sale or return including—

(i) the name and address of the person to whom, and the date on which, it was so delivered,

(ii) a copy of the agreement and of any documents applying the agreement to the vehicle,

(iii) any return under regulation 11 below or other notification received by him that the vehicle has ceased to be his property or is treated as having so ceased under regulation 12 below, and

(iv) the date the tax on it became due and the amount thereof;

(d) a record of every vehicle sent out from his premises, including—

(i) the name and address of the person to whom it was sent out,

(ii) a copy of any invoice, delivery note or similar document issued by him in respect of it, and

(iii) the date the tax on it became due and the amount thereof; and

(e) copies of all certificates furnished by him under regulation 13 below.

Making of returns by registered persons

8.—(1) Except as provided in paragraphs (2) or (3) below, a registered person shall make to the Commissioners, in respect of each quarterly period and not later than the last day of the month next following the end of the period to which it relates, a return in the form numbered 1 in Schedule 2 to these Regulations showing the amount of the tax due from him, containing full information in respect of the other matters specified in the form and a declaration that the return is true and complete.

(2) A registered person who ceases to be liable to be registered during any quarterly period shall, after so ceasing, make to the Commissioners a return in respect of that part of such period during which he was so liable.

(3) Where the Commissioners either generally or in a...

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