The Value Added Tax (Fiscal Warehousing) (Treatment of Transactions) Order 1996

• Citation: S.I. 1996/1255
• Sections: 3

Section 1

This Order may be cited as the Value Added Tax (Fiscal Warehousing) (Treatment of Transactions) Order 1996 and shall come into force on 1st June 1996.

Section 2

(1) In this Order—

“eligible goods” has the meaning given by section 18B(6) of the Act ;

“material time” has the meaning given by section 18F(1) of the Act ;

“supply” means a supply for the purposes of section 5(2)(a) of the Act; and,

“the Act” means the Value Added Tax Act 1994.

(2) In construing article 3(2) below any supply referred to in that article must be treated as taking place at the material time for that supply.

Section 3

(1) A transaction fulfilling the description set out in paragraph (2) below shall be treated as a supply of goods and not as a supply of services.

(2) The description referred to in paragraph (1) above is that there is a supply (which is not a retail transaction) involving the transfer of any undivided share of property in eligible goods and either—

(a) that supply takes place while the goods in question are subject to a fiscal warehousing regime, or

(b) the transferee causes the goods in question to be placed in a fiscal warehousing regime after receiving that supply but before the supply, if any, which next occurs involving the transfer of any property in those goods.