Value Added Tax (Cars) (Amendment) Order 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/1269 |
1995 No. 1269
VALUE ADDED TAX
The Value Added Tax (Cars) (Amendment) Order 1995
Made 10th May 1995
Laid before the House of Commons 10th May 1995
Coming into force 1st June 1995
The Treasury, in exercise of the powers conferred on them by sections 5(3) and (5), 11(4), 43(2) and 50A of the Value Added Tax Act 19941and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and Commencement
1. This Order may be cited as the Value Added Tax (Cars)(Amendment) Order 1995 and shall come into force on 1st June 1995.
2. The Value Added Tax (Cars) Order 19922shall be amended as follows.
3. In article 2—
(a) in the definition of “the Act”, for “1983” there shall be substituted “1994”;
(b) after the definition of “the Act” there shall be inserted—
““the Manx Act” means the Value Added Tax and Other Taxes Act 19733”;
(c) after the definition of motor car there shall be inserted—
““auctioneer” means a person who sells or offers for sale goods at any public sale where persons become purchasers by competition, being the highest bidders.”
4. In article 4—
(a) in paragraph (1)(c) for “14(10)” there shall be substituted “25(7)”
(b) in paragraph (2) for “8A(1)(a)” there shall be substituted “11(1)(a)”
(c) after paragraph (1)(c) there shall be inserted—
“(d)
“(d) services in connection with a supply of a used motor car provided by an agent acting in his own name to the purchaser of the motor car the consideration for which is taken into account by virtue of article 8(8) below in calculating the price at which the agent sold the motor car.
(e)
(e) services in connection with the sale of a used motor car provided by an auctioneer acting in his own name to the vendor or the purchaser of the motor car the consideration for which is taken into account by virtue of article 8(9) below in calculating the price at which the auctioneer obtained (or as the case may be) sold the motor car.”
5. In article 5(2)(c) for “14 and 15” there shall be substituted “25 and 26”.
In article 7 for “29” there shall be substituted “43”.
6. In article 7 for “29” there shall be substituted “43”.
7. For article 8 there shall be substituted—
“8.—(1) Subject to complying with such conditions (including the keeping of such records and accounts) as the Commissioners may direct in a notice published by them for the purposes of this Order or may otherwise direct, and subject to paragraph (3) below, where a person supplies a used motor car which he took possession of in any of the circumstances set out in paragraph (2) below, he may opt to account for the VAT chargeable on the supply on the profit margin4on the supply instead of by reference to its value.
(2) The circumstances referred to in paragraph (1) above are that the taxable person took possession of the motor car pursuant to—
(a)
(a) a supply in respect of which no VAT was chargeable under the Act or under Part I of the Manx Act;
(b)
(b) a supply on which VAT was chargeable on the profit margin in accordance with paragraph (1) above, or a corresponding provision made under the Manx Act or a corresponding provision of the law of another member State;
(c)
(c) a transaction which was treated by virtue of any Order made under Section 5(3) of the Act or under the corresponding provisions of the Manx Act as being neither a supply of goods nor a supply of services.
(3) This article does not apply to—
(a)
(a) a supply which is a letting on hire;
(b)
(b) the supply by any person of a motor car which was produced by him, if it was...
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