Statutory Instruments
2011 No. 254
Value Added Tax
The Value Added Tax (Amendment) Regulations 2011
Made
8th February 2011
Laid before the House of Commons
9th February 2011
Coming into force
2nd March 2011
Citation, commencement and effect
1. —(1) These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2011 and come into force on 2nd March 2011.
(2)Regulations 3 to 5 have effect in relation to supplies treated as made under paragraph 37 of Schedule 10 to the Value Added Tax Act 1994( 3 ) where the building that is supplied was completed on or after 1st March 2011.
Amendment of the Value Added Tax Regulations 1995
2.The Value Added Tax Regulations 1995( 4 ) are amended as follows.
Adjustments to the deduction of input tax on capital items
3. In regulation 112(3) (interpretation of Part XV)—
(a) for “paragraph 37(3)” substitute “paragraph 37(1)”;
(b) for “paragraph 37(5)” substitute “paragraph 37(3)”;
(c) for “3” substitute “36”.
4. In regulation 114(3B) (period of adjustment)—
(a) for “paragraph 37(5)” substitute “paragraph 37(3)”;
(b) at the end insert “divided by 12 and rounded up to the next whole number”.
5. In regulation 115(5) (method of adjustment), for “paragraph 37(3)” substitute “paragraph 37(1)”.
Dave Hartnett
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
8th February 2011
The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.
1994 c. 23 ; section 26(4) was amended by paragraph 2 of Schedule 8 to the Finance (No. 3) Act 2010 (c. 33) with effect from 16th December 2010 and section 96(1) defines “the Commissioners” as meaning the Commissioners of Customs and Excise and “regulations” as meaning regulations made by the Commissioners under the Act.
Schedule 10 was substituted by S.I. 2008/1146 , article 2 with effect in relation to supplies made on or after 1st June 2008 subject to the savings in Schedule 2 to that instrument; paragraph 37 of Schedule 10 was further amended by S.I. 2011/86 , article 8 with effect in relation to buildings completed on or after 1st March 2011.
S.I. 1995/2518 ; relevant amending instruments are S.I. 1997/1086 , 1997/1614 , 1999/599 , 1999/3114 , 2000/258 , 2008/1146 , 2009/586 and 2010/3022 .