HC Deb 03 December 1996 vol 286 cc918-9

Resolved, That—

(1) In section 43 of the Value Added Tax Act 1994, after subsection (1) there shall be inserted the following subsections— (1AA) Where—

  1. (a) it is material, for the purposes of any provision made by or under this Act ("the relevant provision"), whether the person by or to whom a supply is made, or the person by whom goods are acquired or imported, is a person of a particular description,
  2. (b) paragraph (b) or (c) of subsection (1) above applies to any supply, acquisition or importation, and
  3. (c) there is a difference that would be material for the purposes of the relevant provision between—
(i) the description applicable to the representative member, and (ii) the description applicable to the body which (apart from this section) would be regarded for the purposes of this Act as making the supply, acquisition or importation or, as the case may be, as being the person to whom the supply is made, the relevant provision shall have effect in relation to that supply, acquisition or importation as if the only description applicable to the representative member were the description in fact applicable to that body. (1AB) Subsection (1AA) above does not apply to the extent that what is material for the purposes of the relevant provision is whether a person is a taxable person.

(2) This Resolution has effect in relation to any supply made after 26th November 1996 and in relation to any acquisition or importation taking place after that date.

And it is hereby declared that it is expedient in the public interest that this Resolution should have statutory effect under the provisions of the Provisional Collection of Taxes Act 1968.