PART 5Other taxes
Value added tax
69Interim operation of margin schemes for used cars etc: Northern Ireland
1
Subsection (2) applies where a person supplies a margin scheme motor vehicle in the following circumstances—
a
the vehicle was first registered before IP completion day,
b
the person took possession of it in Great Britain or the Isle of Man,
c
it was then removed to Northern Ireland, and
d
in respect of the supply, the person is prevented from exercising a margin scheme option by, and only by, a Northern Ireland exclusion.
2
3
The Treasury may by regulations made by statutory instrument provide that a margin scheme option may not be exercised in reliance on subsection (2) where the vehicle was removed to Northern Ireland after a date specified in the regulations (the “end date”).
4
The Commissioners for Her Majesty’s Revenue and Customs may, in a notice published by them, direct that a margin scheme option may not be exercised in reliance on subsection (2) after a date specified in the notice.
5
6
The date specified in relation to a case in a notice under subsection (4) must fall after the end date specified in relation to the case.
7
A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of the House of Commons.
8
In this section—
“the 1992 Order” means the Value Added Tax (Cars) Order 1992 (S.I. 1992/3122);
“the 1995 Order” means the Value Added Tax (Special Provisions) Order 1995 (S.I. 1995/1268);
“margin scheme motor vehicle” means a mechanically propelled vehicle that is—
- a
a used motor car, or
- b
second-hand goods;
- a
“margin scheme option” means the option under article 8(1) of the 1992 Order (relief for used motor cars) or article 12(1) of the 1995 Order (relief for second-hand goods etc);
“motor car” has the meaning given in the 1992 Order;
“Northern Ireland exclusion” means article 8(3)(e) of the 1992 Order (used motor car removed to Northern Ireland) or article 12(3)(aa) of the 1995 Order (second-hand goods etc removed to Northern Ireland);
“registered” means registered under—
- a
VERA 1994, or
- b
the Licensing and Registration of Vehicles Act 1985 of the Isle of Man;
- a
“second-hand goods” has the meaning given in the 1995 Order;
“used”, in relation to a motor car, has the same meaning as in the 1992 Order.
9
10
Regulations under subsection (9)—
a
may specify different days in relation to different cases, and