Value Added Tax (General)(Amendment) (No. 2) Regulations 1985

JurisdictionUK Non-devolved
CitationSI 1985/693
Year1985

1985 No. 693

VALUE ADDED TAX

The Value Added Tax (General)(Amendment) (No. 2) Regulations 1985

2ndMay 1985

9thMay 1985

1stJune 1985

The Commissioners of Customs and Excise, in exercise of the powers conferred on them by section 19(2) and (3) of the Value Added Tax Act 1983(a) and of all other powers enabling them in that behalf, hereby make the following Regulations:

1. These Regulations may be cited as the Value Added Tax (General)(Amendment) (No. 2) Regulations 1985 and shall come into operation on 1st June 1985.

2. The Value Added Tax (General) Regulations 1980(b) shall be amended in accordance with the following provisions of these Regulations.

3. After regulation 38 there shall be added the following regulation—

"38A.— (1) Subject to the provisions of this regulation and to such conditions as the Commissioners may impose, tax chargeable on the importation of goods which are for subsequent re-exportation shall not be payable if the Commissioners are satisfied that—

(a) the goods are imported solely for the purpose of repair, renovation, modification or treatment;

(b) the ownership in the goods is not transferred to a person in the United Kingdom at importation; and

(c) the goods are to be re-exported.

(2) Upon re-exportation the goods are identifiable as the imported goods.

(3) The ownership in the goods is not transferred to a person in the United Kingdom during such time as they remain within the United Kingdom.

(a) 1983 c.55.

(b) S.I. 1980/1536; relevant amending instrument is S.I. 1984/155.

(4) The goods are re-exported within 6 months of the date of importation or within such longer period as the Commissioners may allow.".

4. Regulation 41 shall be deleted and there shall be substituted the following—

"41.— (1) Subject to the provisions of this regulation and to such conditions as the Commissioners may impose, tax chargeable on the importation of goods which have been temporarily exported and are re-imported after having undergone repair, process or adaptation abroad, or after having been made up or reworked abroad, shall be payable as if such treatment or process had been carried out in the United Kingdom, if the Commissioners are satisfied that—

(a) at the time of exportation the goods were intended to be reimported after completion of the treatment or process abroad; and

(b) the ownership in the goods was not transferred to a person outside the United Kingdom at exportation or during the time they were abroad.

(2)...

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