This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
2009 No. 3127
Value Added Tax
The Value Added Tax (Supplementary Charge) Order 2009
Made
30th November 2009
Laid before the House of Commons
1st December 2009
Coming into force
31st December 2009
The Treasury, in exercise of the powers conferred by paragraph 15 of Schedule 3 (VAT: supplementary charge and orders changing rate) to the Finance Act 2009( 1 ), make the following Order:
1. This Order may be cited as the Value Added Tax (Supplementary Charge) Order 2009 and comes into force on 31st December 2009.
2. There is no supplementary charge on a supply of goods within paragraph 2 of Schedule 3 to the Finance Act 2009 if—
(a) the only relevant condition met is condition D( 2 ),
(b) the VAT invoice—
(i) relates to a supply of goods made under a hire-purchase, conditional sale or credit sale agreement,
(ii) forms part of that agreement, and
(iii) is issued in accordance with normal commercial practice in relation to a supply made under such an agreement, and
(c) the basic time of supply of the goods is intended and expected to be within six months of the date of the VAT invoice which relates to the supply.
3. In this Order—
(a) “normal commercial practice” means the normal commercial practice of the supplier at a time when an increase in the rate of VAT in force under section 2 of the Value Added Tax Act 1994( 3 ) is not expected, and
(b) “basic time of supply” has the meaning given in paragraph 4(1) of Schedule 3 to the Finance Act 2009.
Tony Cunningham
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2009
2009 c. 10 ; section 9(2) makes provision for Schedule 3.
Condition D is provided for in paragraph 2(8) of Schedule 3 to the Finance Act 2009.
1994 c. 23 ; section 2(1) was amended by section 21(2) and (6) of the Finance Act 1995 (c. 4) , section 99(2) and (3) of the Finance Act 2001 (c. 9) , S.I. 2008/3020 and section 9(1) of the Finance Act 2009; section 2(2) was amended by paragraph 2 of Schedule 31 to the Finance Act 2001 and paragraph 25 of Schedule 3 to the Finance Act 2009.