The Value Added Tax (Treatment of Transactions and Special Provisions) (Amendment) Order 2006

• Citation: S.I. 2006/2187
• Sections: 3

Section 1

This Order may be cited as the Value Added Tax (Treatment of Transactions and Special Provisions) (Amendment) Order 2006 and comes into force on 1st September 2006.

Section 2

(1) In article 3(1) of the Value Added Tax (Treatment of Transactions) Order 1995 , omit “and paragraph 1(a) or (c) (as the case may require) and paragraphs 2 and 3 of Article 682 of Commission Regulation (EEC) No 2454/93 ”.

(2) In article 3(2) of that Order, after “paragraph (3)” insert “and article 4”.

(3) After article 3 of that Order, insert—

(4)

(1) Article 3(1) does not apply where—

(a) any goods falling within paragraph (2) are sold by auction at a time when they are subject to the procedure specified in paragraph (3), and

(b) arrangements made by or on behalf of the purchaser of the goods following the sale by auction result in the importation of the goods from a place outside the member States.

(See section 21(2A) of the Value Added Tax Act 1994 .)

(2) The goods that fall within this paragraph are—

(a) any work of art;

(b) any antique, not falling within sub-paragraph (a) or (c), that is more than one hundred years old;

(c) any collection or collector’s piece that is of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic, numismatic or philatelic interest.

(See sections 21(5) to 21(6C) of the Value Added Tax Act 1994 .)

(3) That procedure is the customs procedure for temporary importation with total relief from import duties provided for in Articles 137 to 141 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code .

(See section 21(2B) of the Value Added Tax Act 1994.)

Section 3

(1) In article 2(1) of the Value Added Tax (Special Provisions) Order 1995 , for “Merchant Shipping (Registration, etc) Act 1993 ” substitute “Merchant Shipping Act 1995 ”.

(2) In article 12(3)(b) of that Order, after “himself” insert—

, which includes – if the taxable person is an auctioneer – the auctioneer having placed them in the customs procedure for temporary importation with total relief from import duties provided for in Articles 137 to 141 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

(3) In article 12(5)(a)(iv) of that Order, after “himself” insert—

, which includes – if the taxable person is an auctioneer – the auctioneer having placed them in the customs procedure for temporary importation with total relief from import duties mentioned in article 12(3)(b)