Statutory Instruments
2020 No. 1642 (C. 49)
Exiting The European Union
Excise
Customs
Value Added Tax
The Finance Act 2016, Section 126 (Appointed Day), the Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 8, Transition and Saving Provisions) and the Taxation (Post-transition Period) Act 2020 (Appointed Day No. 1) (EU Exit) Regulations 2020
Made
23rd December 2020
The Treasury make these Regulations in exercise of the powers conferred by section 126(5) and (6) of the Finance Act 2016( 1 ), sections 56 and 57 of the Taxation (Cross-border Trade) Act 2018( 2 ) and section 11 of the Taxation (Post-transition Period) Act 2020( 3 ).
The Treasury consider it appropriate to make regulations 5, 6, 7 and 8 in accordance with section 56(4) of the Taxation (Cross-border Trade) Act 2018.
Citation
1. These Regulations may be cited as The Finance Act 2016, Section 126 (Appointed Day), the Taxation (Cross-border Trade) Act 2018 (Appointed Day No. 8, Transition and Saving Provisions) and the Taxation (Post-transition Period) Act 2020 (Appointed Day No. 1) (EU Exit) Regulations 2020.
Interpretation
2. In these Regulations “EUCL” means the direct EU legislation referred to in paragraph 1(1) of Schedule 7 to the Taxation (Cross-border Trade) Act 2018.
Appointed day – Finance Act 2016
3. The amendments to the Value Added Tax Act 1994( 4 ) made by section 126 of the Finance Act 2016(VAT: women’s sanitary products) have effect in relation to supplies made, and acquisitions and importations taking place, on or after IP completion day( 5 ).
Appointed day, saving and transitional provisions – Taxation (Cross-border Trade) Act 2018
4. The day appointed for the coming into force of the following provisions of the Taxation (Cross-border Trade) Act 2018, so far as not already in force, is IP completion day—
(a) Part 1 (import duty), other than paragraph 90 of Schedule 7;
(b) Part 3 (value added tax);
(c) Part 4 (excise duties).
5. Section 5 of the Customs and Excise Duties (General Reliefs) Act 1979( 6 ) shall continue to have effect as it had effect immediately before IP completion day in relation to goods removed to Great Britain from the Channel Islands.
6. The amendment made by paragraph 8(1) of Schedule 9 to the Taxation (Cross-border Trade) Act 2018 has no effect in relation to failures, omissions or inaccuracies occurring before IP completion day.
7. Any subordinate legislation that was made under any powers that are amended, modified or repealed by or under any provisions of the Taxation (Cross-border Trade) Act 2018 that come into force on IP completion day by virtue of regulation 4(b) shall continue to have effect as it had effect immediately before IP completion day.
8. Where EUCL (or any part of it) continues to have effect in relation to a release for free circulation in accordance with Title II of Part 3 of the Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, the amendment made by paragraph 9 of Schedule 9 to the Taxation (Cross-border Trade) Act 2018 is to be read as if for “Part 1 of the Taxation (Cross-border Trade) Act 2018” there were substituted “Article 201 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code”( 7 ).
Appointed day – Taxation (Post-transition Period) Act 2020
9. The day appointed for the coming into force of the provisions of the Taxation (Post-transition Period) Act 2020, so far as not already in force, is IP completion day, other than paragraph 7(3) of Schedule 2.
Michael Tomlinson
David Duguid
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd December 2020
Section 126(5) of the Finance Act 2016 provides that the amendments that section makes are to have effect in relation to supplies, acquisitions and importations. Whilst paragraph 2 of Schedule 8 to the Taxation (Cross-border Trade) Act 2018 amends section 1 of the Value Added Tax Act 1994 to omit acquisitions from the chargeable events for VAT purposes, acquisition tax continues to be charged in Northern Ireland by virtue of paragraph 2 of Schedule 9ZB to the Value Added Tax Act 1994, as inserted by paragraph 2 of Schedule 2 to the Taxation (Post-transition Period) Act 2020.
1979 c. 3 . Section 5 of the Customs and Excise Duties (General Reliefs) Act 1979 is repealed by paragraph 123 of Schedule 7 to the Taxation (Cross-border Trade) Act 2018.
OJ No. L 269, 1.10.2013, p. 1 – 101.