The Value Added Tax (Special Provisions) (Amendment) Order 2004

JurisdictionUK Non-devolved
CitationSI 2004/779

2004 No. 779

VALUE ADDED TAX

The Value Added Tax (Special Provisions) (Amendment) Order 2004

Made 17th March 2004

Laid before the House of Commons 17th March 2004

Coming into force 18th March 2004

The Treasury, in exercise of their powers conferred upon them by section 5(3) of the Value Added Tax Act 19941hereby make the following Order:

S-1 This Order may be cited as the Value Added Tax (Special...

1. This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 2004 and shall come into force on 18th March 2004.

S-2 The Value Added Tax (Special Provisions) Order 1995 shall be...

2. The Value Added Tax (Special Provisions) Order 19952shall be amended in accordance with the following articles.

S-3 In article 5(2) for the words “the transferee has made an...

3. In article 5(2) for the words “the transferee has made an election in relation to the land concerned which has effect on the relevant date and has given any written notification of that election required by paragraph 3(6) of Schedule 10 to the Act, no later than the relevant date”3substitute “the conditions contained in paragraph (2A) below are satisfied”.

S-4 After article 5(2) insert— 2A The conditions referred to in...

4. After article 5(2) insert—

S-2A

“2A The conditions referred to in paragraph (2) above are that the transferee has, no later than the relevant date—

(a) made an election in relation to the land which has effect on the relevant date and has given any written notification of the election required by paragraph 3(6) of Schedule 10 to the Act; and

(b) notified the transferor that paragraph (2B) below does not apply to him.

S-2B

2B This paragraph applies to a transferee where—

(a) the supply of the asset that is to be transferred to him would become, in relation to him, a capital item as described in regulation 113 of the Value Added Tax Regulations 19954if the supply of that asset to him—

(i) were to be treated as neither a supply of goods nor a supply of services; or

(ii) were not so treated; and

(b) his supplies of that asset will, or would fall, to be exempt supplies by virtue of paragraph 2(3AA) of Schedule 10 to the Act.”.

John Heppell

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

17 March 2004

(This note is not part of the Order)

This Order which comes into effect on 18 March 2004 amends article 5(2) of the Value Added Tax (Special Provisions) Order 1995 (S.I. 1995/1268amended by S.I. 1968...

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