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Value Added Tax Act 1994
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Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Value Added Tax Act 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 9:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 9 substituted by 2009 c. 10 Sch. 36 para. 6
- Sch. 7A Group 3 para. 6(2)(c) by 2002 c. 21 Sch. 3 para. 48
- Sch. 7A Pt. 2 Group 2 Note para. 1(k) inserted by S.I. 2005/3329 art. 2
- Sch. 8 Group 12 Notes para. (5H)(eaa) inserted by 2003 c. 43 Sch. 4 para. 98
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2007/1118 art. 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3A inserted by 2003 c. 14 Sch. 2 para. 2
- s. 7A inserted by 2009 c. 10 Sch. 36 para. 4
- s. 9A inserted by 2004 c. 12 s. 21(1)
- s. 9A heading text amended by 2010 c. 33 s. 20(1)(b)
- s. 9A(5) substituted by 2010 c. 33 s. 20(1)(a)
- s. 26AB inserted by 2006 c. 25 s. 19(2)
- s. 33B inserted by 2011 c. 11 s. 76(1)
- s. 39A inserted by 2009 c. 10 s. 77(3)
- s. 43D inserted by 2004 c. 12 s. 20(2)
- s. 43AA inserted by 2004 c. 12 s. 20(1)
- s. 51B inserted by 2003 c. 14 Sch. 1 para. 1
- s. 55A inserted by 2006 c. 25 s. 19(1)
- s. 55A text amended by 2010 c. 13 s. 50(1)
- s. 58A inserted by 2004 c. 12 Sch. 2 para. 1
- s. 58B inserted by 2007 c. 11 s. 95(8)
- s. 67A inserted by 2007 c. 15 Sch. 13 para. 119
- s. 67A omitted by 2008 c. 9 Sch. 43 para. 4
- s. 69B inserted by 2006 c. 25 s. 21(2)
- s. 69B(7)(a) text amended by S.I. 2009/571 Sch. 1 para. 16
- s. 77A and heading inserted by 2003 c. 14 s. 18(1)
- s. 77A(1) text amended by S.I. 2007/939 art. 2(a)
- s. 77A(1)(a)-(c) substituted for s. 77A(1)(a)(b) by S.I. 2007/939 art. 2(b)
- s. 77A(9)-(9B) substituted for s. s. 77A(9) by 2007 c. 11 s. 98(1)
- s. 83A-83G inserted by S.I. 2009/56 Sch. 1 para. 220
- s. 85A 85B inserted by S.I. 2009/56 Sch. 1 para. 223
- s. 85B excluded by S.I. 2009/56 Sch. 3 para. 10
- s. 85B modified by 1994 c. 9 s. 16(3B) (as inserted) by S.I. 2009/56 Sch. 1 para. 203(6)
- s. 85B modified by 1994 c. 9 s. 60(10) (as substituted) by S.I. 2009/56 Sch. 1 para. 207(12)
- s. 85B modified by 1996 c. 8 s. 56(8) (as substituted) by S.I. 2009/56 Sch. 1 para. 237(8)
- s. 85B modified by 2000 c. 17 Sch. 6 para. 123(7) (as substituted) by S.I. 2009/56 Sch. 1 para. 291(9)
- s. 85B modified by 2001 c. 9 s. 42(7) (as substituted) by S.I. 2009/56 Sch. 1 para. 306(9)
- Sch. 3B inserted by 2003 c. 14 Sch. 2 para. 4
- Sch. 3B para. 21(1)(b) substituted by 2005 c. 11 Sch. 4 para. 55
- Sch. 3B para. 20(2) substituted by S.I. 2009/56 Sch. 1 para. 227
- Sch. 4A inserted by 2009 c. 10 Sch. 36 para. 11
- Sch. 4A para. 9A inserted by 2009 c. 10 Sch. 36 para. 15(3)
- Sch. 4A para. 13A inserted by 2009 c. 10 Sch. 36 para. 17
- Sch. 4A para. 14A inserted by 2009 c. 10 Sch. 36 para. 15(4)
- Sch. 4A para. 4 omitted by 2009 c. 10 Sch. 36 para. 15(2)
- Sch. 4A para. 16(2)(f) substituted by S.I. 2010/3017 art. 2
- Sch. 10A inserted by 2003 c. 14 Sch. 1 para. 2
- Sch. 10A para. 3(4) inserted by 2006 c. 25 s. 22(3)
- Sch. 11A inserted by 2004 c. 12 Sch. 2 para. 2
- Sch. 11A para. 2A inserted by 2005 c. 22 Sch. 1 para. 4
- Sch. 11A para. 6(1)(c) and word inserted by 2005 c. 22 Sch. 1 para. 5(2)(b)
- Sch. 11A para. 6(2A) inserted by 2005 c. 22 Sch. 1 para. 5(3)
- Sch. 11A para. 11(3)(c) and word inserted by 2005 c. 22 Sch. 1 para. 7(2)(b)
- Sch. 11A para. 11(5) inserted by 2005 c. 22 Sch. 1 para. 7(4)
- Sch. 11A para. 2 substituted by 2005 c. 22 Sch. 1 para. 3
- Sch. 11A para. 6(5) substituted by 2005 c. 22 Sch. 1 para. 5(4)
- Sch. 11A para. 12(3)(3A) substituted for Sch. 11A para. 12(3) by 2005 c. 22 Sch. 1 para. 8
- Sch. 11A para. 1 text amended by 2005 c. 22 Sch. 1 para. 2
- Sch. 11A para. 6(1)(a) text amended by 2005 c. 22 Sch. 1 para. 5(2)(a) Sch. 11 Pt. 1
- Sch. 11A para. 7(9) text amended by 2005 c. 22 Sch. 1 para. 6
- Sch. 11A para. 11(3)(a) text amended by 2005 c. 22 Sch. 1 para. 7(2)(a) Sch. 11 Pt. 1
- Sch. 11A para. 11(4) text amended by 2005 c. 22 Sch. 1 para. 7(3)
- Sch. 11A para. 7(9) text amended by S.I. 2008/954 art. 20
- Sch. 11A para. 10(3)(b) text amended by S.I. 2009/571 Sch. 1 para. 17
Commencement Orders yet to be applied to the Value Added Tax Act 1994:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/708 art. 2 commences (2001 c. 16)
- S.I. 2003/962 art. 2 commences (2002 c. 21)
- S.I. 2003/1900 art. 2 commences (2003 c. 21)
- S.I. 2003/2093 art. 2 commences (2002 c. 40)
- S.I. 2003/2985 art. 2 commences (2003 c. 14)
- S.I. 2003/3043 art. 2 commences (2002 c. 23)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2004/759 art. 2-13 commences (2003 c. 43)
- S.I. 2004/1934 art. 2 commences (2004 c. 12)
- S.I. 2004/3104 art. 2 commences (2004 c. 12)
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/2010 art. 2 commences (2005 c. 22)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2006/1407 Sch. 1 Pt. 2 para. 12 commences (2002 c. 17)
- S.I. 2006/2149 art. 2 commences (2006 c. 25)
- S.I. 2007/946 art. 2 commences (2005 c. 22)
- S.I. 2007/1419 art. 2 commences (2006 c. 25)
- S.I. 2008/568 art. 2 commences (2007 c. 11)
- S.I. 2008/839 art. 2 commences (2007 c. 18)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2009/107 art. 2-5 Sch. 1-5 Commencement Order
- S.I. 2009/402 art. 2 commences (2008 c. 9)
- S.I. 2009/403 art. 2 commences (2008 c. 9)
- S.I. 2009/404 art. 2 commences (2008 c. 9)
- S.I. 2009/511 art. 2 commences (2008 c. 9)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2010/708 art. 1-14 commences (2008 c. 14)
- S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2003/456 art. 2 commences (2000 asp 5)
- S.S.I. 2004/528 art. 2 commences (2000 asp 6)
- S.S.I. 2009/319 art. 2 Sch. 1 commences (2008 asp 5)
- S.R. 2006/63 art. 2 commences (S.I. 2004/1501 (N.I.))
9 Place where supplier or recipient of services belongs.E+W+S+N.I.
(1)Subsection (2) below shall apply for determining, in relation to any supply of services, whether the supplier belongs in one country or another and subsections (3) and (4) below shall apply (subject to any provision made under section 8(6)) for determining, in relation to any supply of services, whether the recipient belongs in one country or another.
(2)The supplier of services shall be treated as belonging in a country if—
(a)he has there a business establishment or some other fixed establishment and no such establishment elsewhere; or
(b)he has no such establishment (there or elsewhere) but his usual place of residence is there; or
(c)he has such establishments both in that country and elsewhere and the establishment of his which is most directly concerned with the supply is there.
(3)If the supply of services is made to an individual and received by him otherwise than for the purposes of any business carried on by him, he shall be treated as belonging in whatever country he has his usual place of residence.
(4)Where subsection (3) above does not apply, the person to whom the supply is made shall be treated as belonging in a country if—
(a)either of the conditions mentioned in paragraphs (a) and (b) of subsection (2) above is satisfied; or
(b)he has such establishments as are mentioned in subsection (2) above both in that country and elsewhere and the establishment of his at which, or for the purposes of which, the services are most directly used or to be used is in that country.
(5)For the purposes of this section (but not for any other purposes)—
(a)a person carrying on a business though a branch or agency in any country shall be treated as having a business establishment there; and
(b)“usual place of residence”, in relation to a body corporate, means the place where it is legally constituted.
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