(1)Subject to subsection (3) below, where relevant services are—
(a)supplied by a person who belongs in a country other than the United Kingdom, and
(b)received by a person (“the recipient”) who belongs in the United Kingdom for the purposes of any business carried on by him,
then all the same consequences shall follow under this Act (and particularly so much as charges VAT on a supply and entitles a taxable person to credit for input tax) as if the recipient had himself supplied the services in the United Kingdom in the course or furtherance of his business, and that supply were a taxable supply.
(2)In this section “relevant services” means services of any of the descriptions specified in Schedule 5, not being services within any of the descriptions specified in Schedule 9.
(3)Supplies which are treated as made by the recipient under subsection (1) above are not to be taken into account as supplies made by him when determining any allowance of input tax in his case under section 26(1).
(4)In applying subsection (1) above, the supply of services treated as made by the recipient shall be assumed to have been made at a time to be determined in accordance with regulations prescribing rules for attributing a time of supply in cases within that subsection.
(5)The Treasury may by order add to, or vary, Schedule 5.
(6)The power of the Treasury by order to add to or vary Schedule 5 shall include power, where any services whose place of supply is determined by an order under section 7(11) are added to that Schedule, to provide that subsection (1) above shall have effect in relation to those services as if a person belongs in the United Kingdom for the purposes of paragraph (b) of that subsection if, and only if, he is a taxable person.
[F1(7)The power of the Treasury by order to add to or vary Schedule 5 shall include power to make such incidental, supplemental, consequential and transitional provision in connection with any addition to or variation of that Schedule as they think fit.
(8)Without prejudice to the generality of subsection (7) above, the provision that may be made under that subsection includes—
(a)provision making such modifications of section 43(2A) to (2E) as the Treasury may think fit in connection with any addition to or variation of that Schedule; and
(b)provision modifying the effect of any regulations under subsection (4) above in relation to any services added to the Schedule.]
Textual Amendments
F1S. 8(7)(8) inserted (19.3.1997) by 1997 c. 16, s. 42