The Value Added Tax (Miscellaneous and Transitional Provisions, Amendment and Revocation) (EU Exit) Regulations 2020
The Treasury consider it appropriate in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU to make provision in relation to value added tax, including such provision as might be made by Act of Parliament, and to make provision, including transitional, transitory or saving provision, in consequence of, and in connection with the coming into force of, TCTA 2018.
In accordance with section 52(2) of TCTA 2018, the Commissioners and the Treasury consider it appropriate in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU, for these Regulations to come into force on such day or days as the Treasury may by regulations under section 52 of TCTA 2018 appoint.
PART 1Preliminary
Citation and commencement1.
(1)
These Regulations may be cited as the Value Added Tax (Miscellaneous and Transitional Provisions, Amendment and Revocation) (EU Exit) Regulations 2020.
(2)
These Regulations come into force on such day or days as the Treasury may by regulations under section 52 of the Taxation (Cross-border Trade) Act 2018 appoint.
Interpretation - general2.
In these Regulations—
“Commissioners” means HMRC Commissioners;
“TCTA 2018” means the Taxation (Cross-border Trade) Act 2018;
PART 2Phasing in of border controls: accounting for import VAT
CHAPTER 1Preliminary
Interpretation of Part 23.
In Part 2—
“relevant importation” has the meaning given by regulation 6;
CHAPTER 2Accounting for import VAT by VAT registered persons making transitional simplified Customs declarations using the EIDR procedure
Application of this Chapter4.
This Chapter applies to a person who—
(a)
makes a transitional simplified Customs declaration in accordance with regulation 29C(1)(a) of the Customs (Import Duty) (EU Exit) Regulations 2018, or makes a declaration that is treated as being made for the purposes of that regulation by regulation 37(1A) of those Regulations, in respect of an importation of goods into Great Britain from the EU, and
(b)
is registered, or required to be registered, for VAT at the time the person makes that declaration.
Obligation to account for and pay import VAT in accordance with this Chapter5.
(1)
A person to whom this Chapter applies (P) must account for and pay import VAT on goods which comprise a relevant importation in accordance with the provision made by this Chapter.
(2)
Relevant importation6.
In this Chapter a “relevant importation” is an importation of goods into Great Britain from the EU where the goods are—
(a)
chargeable with import VAT for which P is liable,
(b)
used or to be used by P for the purposes of a business P carries on,
(c)
required to be declared for the free circulation procedure under Part 1 of TCTA 2018 during the period beginning at IP completion day and ending on 30th June 2021, and
(d)
not of a description excluded from the transitional EIDR procedure by virtue of regulation 29C(4) of the Customs (Import Duty) (EU Exit) Regulations 2018.
Obligation to account for import VAT on VAT return7.
P must account for and pay the import VAT on goods which comprise a relevant importation on the return that P is required to make for the prescribed accounting period in which the liability for the import VAT is incurred.
Application with modifications of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 20198.
(a)
regulation 8 (interest in cases of official error) applies as if the reference to the importation of relevant goods were a reference to a relevant importation;
(b)
regulation 10(1)(a) and (2) (appeals).
Modification of the VAT Regulations where this Chapter applies9.
(a)
regulation 28 (estimation of output tax) is to be read as if—
(i)
the reference to “output tax” includes import VAT chargeable on goods comprising a relevant importation; and
(ii)
the words from “in the next prescribed accounting period” to the end were “in the prescribed accounting period in which the Commissioners make available to the person details of the amount of import duty due from the person on goods comprising a relevant importation (and in this regulation “import duty” means import duty charged under section 1 of the Taxation (Cross-border Trade) Act 2018).”;
(b)
regulation 29(3) (claims for input tax) is to be read as if the words from “in the next prescribed accounting period” to the end read “in the prescribed accounting period in which the Commissioners make available to the person details of the amount of import duty due from the person in that prescribed accounting period on goods comprising a relevant importation (and “import duty” in this regulation means import duty charged under section 1 of the Taxation (Cross-border Trade) Act 2018).”;
(c)
CHAPTER 3Accounting for import VAT: other circumstances
Power to make provision by public notice for bringing into account import VAT10.
(1)
(2)
The circumstances referred to in paragraph (1) are that a person purports to make a transitional simplified Customs declaration in accordance with regulation 29C(1)(a) of the Customs (Import Duty) (EU Exit) Regulations 2018 in respect of an importation of goods into Great Britain from the EU but—
(a)
the person is ineligible to do so;
(b)
the person purports to do so in respect of goods which are of a description not eligible for the transitional EIDR procedure; or
(c)
the declaration is incomplete.
PART 3Saving and transitional provision for repayments to Community traders
Saving and transitional provision for repayments to Community traders11.
(1)
(a)
a relevant claim is made on or after IP completion day; or
(b)
a relevant claim is made before IP completion day but is still being processed by the Commissioners at IP completion day; or
(c)
a claimant who has made a relevant claim is required to repay an amount to the Commissioners under regulation 173D(3) on or after IP completion day.
(2)
In this regulation a relevant claim is a claim—
(a)
for a repayment of VAT under regulation 173B, or
(b)
for an additional repayment of VAT under regulation 173D(2),
that, in either case, as at IP completion day the claimant was entitled to make under Part 20 as it had effect immediately before IP completion day.
(3)
A person may make a relevant claim in accordance with this regulation provided that the person does so on or before 31st March 2021.
(4)
Where paragraph (1)(a) applies, a relevant claim must relate to either of the following periods, which are “repayment periods” for the purpose of regulation 173G—
(a)
the period from 1st January to 31st December 2019, or
(b)
the period from 1st January 2020 to IP completion day.
(5)
(6)
Where, in relation to a relevant claim that falls within paragraph (1)(a) or (b), the Commissioners make a request under regulation 173R (requests for further information or a document), for paragraph (1)(b) of that regulation read “a request made to the competent authority of a member State of the EU”.
(7)
(8)
(9)
Where a person has made a relevant claim in relation to the period in paragraph (4)(b) and the claim is based on a provisional attribution of input tax under Article 175(2) of Directive 2006/112/EC as applied in the claimant’s member State, any subsequent adjustment to the attribution of input tax must be made under regulation 12 of these Regulations.
Transitional provision for partial exemption adjustments relating to the period from 1st January 2020 to IP completion day12.
(1)
(2)
Any claim relating to the period from 1st January 2020 to IP completion day must be made on or before 31st December 2021.
PART 4Saving provision for electronic, telecommunication and broadcasting services: non-Union and Union schemes
Interpretation of Part 413.
In Part 4—
Saving provision for electronic, telecommunication and broadcasting services: non-Union scheme14.
(1)
(2)
Saving provision for electronic, telecommunication and broadcasting services: Union scheme15.
(1)
(2)
Saving provision for references to Schedules 3B and 3BA in VATA 199416.
(1)
(2)
Saving provision for Part 26 of the Value Added Tax Regulations 1995 (UK Union and non-Union special accounting schemes: registration, notification of changes, and returns)17.
(1)
(2)
Saving provision for Part 27 of the Value Added Tax Regulations 1995 (non-UK Union and non-Union special accounting schemes: adjustments, claims and error correction)18.
(1)
(2)
PART 5Amendments to EU Exit Regulations
Amendment of the Value Added Tax (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 201919.
(1)
(2)
“(3)
Omit Part 4 (chain transactions) (regulations 15 to 18).”
Amendment of the Value Added Tax (Accounting Procedures for Import VAT for VAT Registered Persons and Amendment) (EU Exit) Regulations 201920.
(1)
(2)
““relevant goods” means goods imported into the United Kingdom by a registered person which are used or to be used for the purposes of any business carried on by the registered person, but does not include goods which are the subject of a declaration by a qualifying traveller within the meaning of regulation 39B of the Customs (Import Duty) (EU Exit) Regulations 201840;”.
(3)
(4)
In regulation 12—
(a)
in paragraph (3)(b), for the full stop after “2019” substitute a comma;
(b)
“(a)
in paragraph (2), omit “, except that the total of the output tax due” to the end except for the final full stop; and”.
Amendment of the Taxation (Cross-border Trade) Act 2018 (Value Added Tax Transitional Provisions) (EU Exit) Regulations 201921.
(1)
(2)
In regulation 2, omit the definition for “Chapter 7”.
(3)
In regulation 3, in each place it occurs, for “exit day” substitute “IP completion day”.
(4)
“4.
The amendments made by Part 3 of the Act43 do not have effect in relation to a supply of goods dispatched or transported from the territory of the United Kingdom to the territory of a member State of the EU, or vice versa, provided that the dispatch or transport started before IP completion day and ended thereafter.”.
(5)
In regulation 5, in each place it occurs, for “exit day” substitute “IP completion day”.
Amendment of the Value Added Tax (Miscellaneous Amendments, Revocation and Transitional Provisions) (EU Exit) Regulations 201922.
(1)
(2)
Omit regulation 8.
(3)
In regulation 9, in each place it occurs, for “exit day” substitute “IP completion day”.
(4)
“10.
The amendments made in relation to value added tax by any regulations made by the appropriate Minister under the Taxation (Cross-border Trade) Act 2018, or by statutory instrument under any other enactment in consequence of, or otherwise in connection with, the United Kingdom’s withdrawal from the EU, do not have effect in relation to a supply of goods dispatched or transported from the territory of the United Kingdom to the territory of a member State of the EU, or vice versa, provided that the dispatch or transport started before IP completion day and ended thereafter.”.
(5)
Omit Part 4 (regulation 15).
Amendment of the Value Added Tax (Miscellaneous Amendments and Transitional Provisions) (EU Exit) Regulations 201923.
(1)
(2)
Omit Part 4 (transitional provisions in relation to value added tax) (regulations 4 and 5).
(3)
In Part 5 (fulfilment businesses) (regulations 6 to 15), in each place it occurs (including the headings), for “exit day” substitute “IP completion day”.
PART 6Revocation of retained direct EU legislation concerning simplification measures for VAT on fuel and hiring or leasing a car where car is not used entirely for business purposes
Interpretation
24.
In Part 6 “the EU legislation” means—
(a)
(b)
25.
The EU legislation ceases to have effect.
PART 7Other revocations
26.
The following Regulations are revoked, so far as not already revoked—
(a)
(b)
These Regulations make appropriate provision relating to value added tax in consequence of, or otherwise in connection with, the withdrawal of the United Kingdom from the EU, including such provision as might be made by Act of Parliament. They include appropriate saving and transitional provision in consequence of, and in connection with the coming into force of, the Taxation (Cross-border Trade) Act 2018 (c. 22) (“TCTA 2018”).
Part 1 (regulations 1 to 2) deals with citation and commencement of these Regulations, which are to be brought into force by Appointed Day regulations made by the Treasury under section 52 TCTA 2018.
Part 2 (regulations 3 to 10) makes appropriate transitional provision in relation to the phasing in of border controls, to indicate how import VAT is to be accounted for by VAT registered persons making transitional simplified customs declarations using the EIDR procedure. Regulation 10 permits the Commissioners to make further provision by public notice where a person purports to make a transitional simplified customs declaration using the EIDR procedure in circumstances where either the person or the goods are ineligible to do so, or the declaration is incomplete. Any public notice made under this provision will be published at https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Free of charge hard copies will be available on request from the HMRC helpline on 0300 200 3700 (+44 2920 501 261 for outside the UK enquiries) or by writing to HM Revenue and Customs – VAT Written Enquiries Team, 123 St Vincent Street, Glasgow City, Glasgow, G2 5EA, United Kingdom.
Part 3 (regulations 11 to 12) makes saving and transitional provision in relation to repayments to Community traders, including partial exemption adjustments where there has been a provisional attribution of input tax, for the period from 1 January 2020 to IP completion day. Regulation 11(7) permits the Commissioners to prescribe by public notice the form or manner for repaying amounts where regulation 11(1)(c) applies. Any public notice made under this provision will be published at https://www.gov.uk/government/collections/customs-vat-and-excise-uk-transition-legislation-from-1-january-2021. Free of charge hard copies will be available on request from the HMRC helpline on 0300 200 3700 (+44 2920 501 261 for outside the UK enquiries) or by writing to HM Revenue and Customs – VAT Written Enquiries Team, 123 St Vincent Street, Glasgow City, Glasgow, G2 5EA, United Kingdom.
The provision made by Part 3 is appropriate in consequence of, and in connection with, the withdrawal of the United Kingdom from the EU and in connection with the coming into force of regulation 71 of the Value Added Tax (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/59), which omits Part 20 (repayments to Community traders) (regulations 173 to 184) from the Value Added Tax Regulations 1995 (S.I. 1995/2518).
Part 4 (regulations 13 to 18) makes appropriate saving provision in relation to special VAT accounting schemes established under EU law for supplies of digital services. These schemes are commonly referred to as the Mini One Stop Shop (MOSS) and they permit suppliers of such services to account for VAT in any of the member States of the EU (and in the United Kingdom) rather than being required to register and account for such supplies in every country in which they are made. For the United Kingdom, these schemes will be closed when the transition period provided for in the Withdrawal Agreement comes to an end. Although the special schemes will be closed, provision is made to continue their effect in modified form but only in relation to supplies that have taken place before IP completion day.
Regulations 14 to 16 make appropriate saving provision for supplies of digital services made before IP completion day in connection with the coming into force of provisions of TCTA 2018, which omit Schedules 3B (electronic, telecommunication and broadcasting services: non-Union scheme) and 3BA (electronic, telecommunication and broadcasting services: Union scheme), as well as references to these Schedules, from the Value Added Tax Act 1994 (c. 23).
Regulations 17 and 18 make appropriate saving provision in connection with the coming into force of regulations 79 and 80 of the Value Added Tax (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019 (S.I. 2019/59), which respectively omit Part 26 (UK Union and non-Union special accounting schemes: registration, notification of changes, and returns) and Part 27 (Non-UK Union and non-Union special accounting schemes: adjustments, claims and error correction) from the Value Added Tax Regulations 1995 (S.I. 1995/2518).
Each of the saving provisions in Part 4 provides that the saving has effect subject to such modifications as may be specified in a notice published by the Commissioners. The notice is available at https://www.gov.uk/guidance/vat-place-of-supply-of-services-notice-741a#sec15. Free of charge hard copies will be available on request from the HMRC helpline on 0300 200 3700 (+44 2920 501 261 for outside the UK enquiries) or by writing to HM Revenue and Customs – VAT Written Enquiries Team, 123 St Vincent Street, Glasgow City, Glasgow, G2 5EA, United Kingdom.
Article 51(4) of the Withdrawal Agreement contains specific provision in relation to special accounting scheme amendments, which must be submitted at the latest on 31st December 2021.
Part 5 (regulations 19 to 23) makes amendments to EU Exit Regulations S.I. 2019/59, S.I. 2019/60, S.I. 2019/105, S.I. 2019/513 and S.I. 2019/1214 (“the EU Exit Regulations”). References to ‘exit day’ are amended to ‘IP completion day’ and other changes are made in consequence of new legislation coming into force and to reflect updated references since the EU Exit Regulations were made, as well as in consequence of the United Kingdom entering a transition period from Exit day until IP completion day, and in consequence of the United Kingdom entering into the Withdrawal Agreement with the EU.
Part 6 (regulations 24 to 25) revokes two EU Council Decisions incorporated into domestic law as a result of section 3 of the European Union (Withdrawal) Act 2018 (c. 16). These Decisions gave authority for the United Kingdom to derogate from certain provisions in Council Directive 2006/112/EC concerning value added tax (the principal VAT Directive). Such authority is no longer required at the end of the transition period. The domestic primary and secondary legislation which gives effect to the derogations is unaffected.
Part 7 (regulation 26) revokes the Value Added Tax (Postal Packets and Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1376), which are only partially in force, and the Data-gathering Powers (Relevant Data) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1221), which are not in force.
A Tax Information and Impact Note covering this instrument will be published on the website at https://www.gov.uk/government/collections/tax-information-and-impact-notes-tiins.