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Value Added Tax Act 1994

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This is the original version (as it was originally enacted).

22Value of certain goods

(1)Where a person makes a supply on which VAT is chargeable by applying, or causing to be applied, any treatment or process to another person’s goods, then if the goods—

(a)are not goods to which subsection (3) below applies, but

(b)become as a result of the treatment or process goods to which that subsection applies,

the amount of the VAT chargeable shall, subject to the following provisions of this section, be determined as if the supply had been a sale for full consideration of the goods resulting from the treatment or process.

(2)Subsection (1) above does not apply where the person to whom the supply is made—

(a)is registered under this Act; and

(b)gives to the person making the supply a certificate, in such form and containing such particulars as the Commissioners may by regulations prescribe, that the supply is for the purpose of a business carried on or to be carried on by him.

(3)This subsection applies to aircraft of a weight of 8,000 kilogrammes or more, and hovercraft, if (in each case) they have been adapted, but were not designed, for use for recreation or pleasure.

(4)The Treasury may by order vary subsection (3) above by adding to or deleting from it any description of goods or by varying any description of goods for the time being specified in it.

(5)The Treasury may by order make provision for securing a reduction of the VAT chargeable on supplies to which subsection (1) above applies in cases where—

(a)VAT was previously chargeable on a supply or importation of the goods to which the treatment or process is applied; and

(b)such other conditions are satisfied as may be specified in the order or as may be imposed by the Commissioners in pursuance of the order.

(6)A person who applies or causes to be applied a treatment or process to another person’s goods shall, if the goods satisfy the conditions of paragraphs (a) and (b) of subsection (1) above be treated for the purposes of paragraph 2 of Schedule 4, as producing the resulting goods by applying the treatment or process, whether or not he would otherwise fall to be so treated.

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