The Value Added Tax (Supplementary Charge) Order 2009

• Citation: S.I. 2009/3127
• Sections: 3

Section 1

This Order may be cited as the Value Added Tax (Supplementary Charge) Order 2009 and comes into force on 31st December 2009.

Section 2

There is no supplementary charge on a supply of goods within paragraph 2 of Schedule 3 to the Finance Act 2009 if—

(a) the only relevant condition met is condition D ,

(b) the VAT invoice—

(i) relates to a supply of goods made under a hire-purchase, conditional sale or credit sale agreement,

(ii) forms part of that agreement, and

(iii) is issued in accordance with normal commercial practice in relation to a supply made under such an agreement, and

(c) the basic time of supply of the goods is intended and expected to be within six months of the date of the VAT invoice which relates to the supply.

Section 3

In this Order—

(a) “normal commercial practice” means the normal commercial practice of the supplier at a time when an increase in the rate of VAT in force under section 2 of the Value Added Tax Act 1994 is not expected, and

(b) “basic time of supply” has the meaning given in paragraph 4(1) of Schedule 3 to the Finance Act 2009.