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Finance Act 2012

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This is the original version (as it was originally enacted).

Valuing charges

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16(1)This paragraph applies in determining for the purposes of this Schedule the amount of a charge (or the highest or lowest charge) payable or due for playing a machine game.

(2)If the amount of a charge in money’s worth cannot be determined, it is assumed to be such amount as is just and reasonable.

(3)If a composite charge is payable or due for the opportunity to play a machine game more than once, the amount of the charge payable or due for each individual go is to be determined on a just and reasonable basis.

(4)If a composite charge is payable or due for the opportunity to play a machine game and for something else, the amount of the charge payable or due for playing the game is to be determined on a just and reasonable basis.

(5)The Commissioners may by regulations make further provision about the way in which the amount of charges is to be determined for the purposes of this Schedule.

(6)Sub-paragraph (7) applies if—

(a)a dutiable machine game is played in pursuance of an offer that permits the player to pay nothing or less than the charge that the player would have been required to pay without the offer,

(b)the offer was made available to the player by way of winnings from an activity in respect of which another duty of excise or value added tax is charged, and

(c)the value of the offer is deductible in calculating the amount of that other duty or value added tax payable in respect of that activity.

(7)The amount of the charge due from the player for playing the dutiable machine game is taken for the purposes of paragraph 7 to be the amount that the player would have been required to pay without the offer.

(8)Regulations under sub-paragraph (5) may include provision extending or modifying the circumstances in which sub-paragraph (7) applies.

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