The Value Added Tax (Disclosure of Avoidance Schemes)(Amendment) Regulations 2005

• Citation: S.I. 2005/2009
• Sections: 5

Section 1

These Regulations may be cited as the Value Added Tax (Disclosure of Avoidance Schemes)(Amendment) Regulations 2005 and come into force on 1st August 2005.

Section 2

Amend the Value Added Tax (Disclosure of Avoidance Schemes) Regulations 2004 as follows.

Section 3

In regulation 2—

(a) omit paragraphs (3) and (4);

(b) after paragraph (2) insert—

(3) Where paragraph 6(1)(c) of Schedule 11A applies (non-deductible tax less than it would be but for a scheme), the time prescribed for the purposes of paragraph 6(2) and (3) of that Schedule is the 30th day from the end of the last day specified by or under regulation 25 of the Value Added Tax Regulations 1995 for making a return in respect of the relevant prescribed accounting period.

(4) For the purposes of paragraph (3) relevant prescribed accounting period means the period in which the taxable person’s non-deductible tax is less than it would be but for any notifiable scheme to which he is party.

(5) Paragraph (1) shall not have effect in relation to any scheme listed in Column 1 of the Schedule where the beginning of the prescribed accounting period for which the VAT return is made is earlier than the date shown opposite that scheme in Column 2 of the Schedule.

(6) Paragraph (2) shall not have effect in relation to any scheme listed in Column 1 of the Schedule where the beginning of the prescribed accounting period in relation to which the claim is made is earlier than the date shown opposite that scheme in Column 2 of the Schedule.

Section 4

In regulation 4—

(a) in paragraph (2)(a) omit “or”;

(b) at the end of paragraph (2)(b) insert—

; or

reducing the amount of his non-deductible tax.

Section 5

Add the following Schedule—

Column 1

Scheme

Column 2

Date