Statutory Instruments
Value Added Tax
Made
13th July 2020
Laid before the House of Commons
14th July 2020
Coming into force
15th July 2020
The Treasury make the provisions in articles 1 to 4 of this Order in exercise of the powers conferred by sections 29A(3) and (4) and 96(9) of the Value Added Tax Act 1994 M1.
The Commissioners for Her Majesty's Revenue and Customs make the provisions in articles 1, 5 and 6 of this Order in exercise of the powers conferred by section 26B of the Value Added Tax Act 1994 M2.
Marginal Citations
M11994 c. 23. Section 29A was inserted by section 99(4) of the Finance Act 2001 (c. 9); section 96(9) was amended by section 99(6) of, and paragraph 5 of Schedule 31 to, the Finance Act 2001.
M2Section 26B was inserted by section 23(1) and (4) of the Finance Act 2002 (c. 23).
1. This Order may be cited as the Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Coronavirus) Order 2020 and comes into force on 15th July 2020.
Commencement Information
I1Art. 1 in force at 15.7.2020, see art. 1
2. The following modifications of Schedule 7A to the Value Added Tax Act 1994 (charge at reduced rate) M3 have effect in relation to the period beginning with 15th July 2020 and ending with [F130th September 2021].
Textual Amendments
F1Words in art. 2 substituted (10.6.2021) by Finance Act 2021 (c. 26), s. 92
Commencement Information
I2Art. 2 in force at 15.7.2020, see art. 1
Marginal Citations
M3Schedule 7A was inserted by section 99(5) of, and paragraph 1 of Schedule 31 to, the Finance Act 2001. There are amendments to Schedule 7A but none are relevant to this Order.
3. Part 1 (index to reduced-rate supplies of goods and services) has effect as if, at the appropriate places, there were inserted—
| “Course of catering | Group 14 |
| Holiday accommodation etc | Group 15 |
| Shows and certain other attractions | Group 16” |
4. Part 2 (the groups) has effect as if, at the end, there were inserted—
“GROUP 14 - COURSE OF CATERING
Item No1 Supplies in the course of catering of—
(a)any food or drink for consumption on the premises on which it is supplied, or
(b)any hot food or hot drink for consumption off those premises,
except supplies of alcoholic beverages. NOTES
(1) Note (3A) to Group 1 (Food) of Schedule 8 applies in relation to this Group as it applies in relation to Note (3) in that Group.
(2) Notes (3B) to (3D) to Group 1 (Food) of Schedule 8 M4 apply in relation to this Group as they apply in relation to that Group.
(3) “Alcoholic beverage” means a beverage within Item 3 in the list of excepted items in Group 1 of Schedule 8.
GROUP 15 - HOLIDAY ACCOMMODATION ETC
Item No1 Any supply which, because it falls within paragraph (d), (e) so far as the supply consists of the grant of a licence to occupy holiday accommodation M5, (f) or (g) of Item 1 in Group 1 (Land) of Schedule 9 M6, is not an exempt supply by virtue of that Item.
GROUP 16 - SHOWS AND CERTAIN OTHER ATTRACTIONS
Item No1 Supplies of a right of admission to shows, theatres, circuses, fairs, amusement parks, concerts, museums, zoos, cinemas and exhibitions and similar cultural events and facilities but excluding any supplies that are exempt supplies by virtue of Items 1 or 2 in Group 13 of Schedule 9 M7.”.
Commencement Information
Marginal Citations
M4Notes (3A) to (3D) to Group 1 of Schedule 8 were inserted by section 196 of, and paragraphs 1 and 2 of Schedule 26 to, the Finance Act 2012 (c. 14).
M5“Holiday accommodation” is defined in Note (13) to Group 1 of Schedule 9.
M6Group 1 of Schedule 9 was amended by S.I. 1995/282, 2012/58, and section 196 of, and paragraph 5 of Schedule 26 to, the Finance Act 2012; there are prospective amendments but none are relevant.
M7Group 13 of Schedule 9 was inserted by S.I. 1996/1256.
5. The following modifications of regulation 55K of the Value Added Tax Regulations 1995 M8 (flat-rate scheme for small businesses: category of business) have effect in relation to the period beginning with 15th July 2020 and ending with [F230th September 2021].
Textual Amendments
F2Words in art. 5 substituted (10.6.2021) by Finance Act 2021 (c. 26), s. 92
Commencement Information
I5Art. 5 in force at 15.7.2020, see art. 1
Marginal Citations
M8S.I. 1995/2518; amended by S.I. 2002/1142, 2003/1069, 2003/3220, 2007/1418, 2009/586, 2010/2240, 2010/2940, and 2017/295; there are other amending instruments but none are relevant.
6. The Table has effect as if, in the second column—
(a)in the entry for “Catering services including restaurants and takeaways”, for “12.5” there were substituted “ 4.5 ”;
(b)in the entry for “Hotel or accommodation”, for “10.5” there were substituted “ 0 ”;
(c)in the entry for “Pubs”, for “6.5” there were substituted “ 1 ”.
David Rutley
James Morris
Two of the Lords Commissioners of Her Majesty's Treasury
Melissa Tatton
Ruth Stanier
Two of the Commissioners for Her Majesty's Revenue and Customs
(This note is not part of the Order)
This Order modifies Schedule 7A to the Value Added Tax Act 1994 (charge at reduced rate) (“Schedule 7A”) by inserting new Groups to provide for a temporary reduced rate for certain supplies in the course of catering, holiday accommodation and admission to shows and other attractions.
It also makes temporary consequential changes to the percentages in the Table setting out the percentage rates for the various categories of business entitled to use the flat-rate scheme for small businesses in regulation 55K of the Value Added Tax Regulations 1995 (S.I. 1995/2518) to reflect the temporary reduced rate.
The relief is introduced in response to the coronavirus health emergency by way of time-limited modifications. The relief and the consequential changes to the flat-rate scheme both have effect for the period from 15th July 2020 to 12th January 2021.
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.