The Finance Act 2021, Section 95 and Schedule 18 (Distance Selling: Northern Ireland) (Appointed Day No. 1 and Transitory Provision) Regulations 2021
In accordance with section 95(3) of the Finance Act 2021, the Treasury consider it appropriate, in connection with the coming into force of section 95 of, and Schedule 18 to, that Act, to make the transitory provision in regulations 5 to 8.
Citation1.
These Regulations may be cited as the Finance Act 2021, Section 95 and Schedule 18 (Distance Selling: Northern Ireland) (Appointed Day No. 1 and Transitory Provision) Regulations 2021.
Interpretation2.
In these Regulations—
“FA 2021” means the Finance Act 2021;
“Schedule 9ZD” means Schedule 9ZD to VATA 1994 as inserted by paragraph 6 of Schedule 18;
“Schedule 9ZE” means Schedule 9ZE to VATA 1994 as inserted by paragraph 6 of Schedule 18;
“Schedule 9ZF” means Schedule 9ZF to VATA 1994 as inserted by paragraph 6 of Schedule 18;
“Schedule 18” means Schedule 18 to FA 2021;
Commencement provisions3.
Section 95(1) of and Schedule 18 to FA 2021 so far as they are not already in force come into force on 1st July 2021 subject to the exceptions and restrictions set out in regulation 4.
(1) The exceptions are— (a) Parts 2 and 5 of...4.
(1)
The exceptions are—
(a)
Parts 2 and 5 of Schedule 9ZE;
(b)
Part 3 of Schedule 9ZE, except paragraph 10(5);
(c)
Paragraph 42(1)(a) and (b) of Part 7 of Schedule 9ZE;
(d)
Part 3 of Schedule 9ZF, except paragraphs 14 to 17.
(2)
The restrictions are—
(a)
Paragraph 10(1) to (4) of Part 3 of Schedule 9ZE comes into force on 1st July 2021 for the purposes of establishing whether paragraph 10(5) applies (but not otherwise);
(b)
Transitory provisionsF15.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 9ZE is to be read as if—F16.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The modifications made by regulations 8 and 9 no longer...F17.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Power for the Commissioners to make transitory provisionsF18.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulation 3 brings into force section 95(1) and Schedule 18 of FA 2021 to the extent that those provisions are not already in force and subject to the exceptions and restrictions in regulation 4.
Regulation 4 sets out the provisions in section 95(1) and Schedule 18 of FA 2021 that are not being brought into force by these Regulations, and those which are being brought into force to a limited extent.
Regulations 5 and 6 make transitory provisions to modify references related to Import One Stop Shop (IOSS). Regulation 7 provides that these temporary measures will only have effect until 31st December 2021 or, if earlier, the date when the modifications are made by way of amendment or modification to the Value Added Tax Act 1994 (c. 23).
Regulation 8 provides a power for the Commissioners for Her Majesty’s Revenue and Customs to make transitory provision in a public notice relating to interim procedures and conditions for establishing whether a supply qualifies for relief from import VAT under paragraph 37 of Schedule 9ZE. Any such notice will cease to have effect on 1st April 2022, and no notice may be made under regulation 8 on or after that date. A public notice made under regulation 8 will be made available on the www.gov.uk website as described in that link. Free of charge hard copies will be available on request from the HMRC helpline on 0300 200 3700 (+44 2920 501 2621 for outside the UK requests) or by writing to HM Revenue and Customs – VAT Written Enquiries Team, 123 St. Vincent Street, Glasgow City, Glasgow G2 5EA, United Kingdom.
A Tax Information and Impact Note has not been prepared for these Regulations as they give effect to previously announced policy.