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Legislation
Value Added Tax Act 1994

Crossheading Payment of VAT by taxable persons

  • Section 24 Input tax and output tax.
  • Section 25 Payment by reference to accounting periods and credit for input tax against output tax.
  • Section 26 Input tax allowable under section 25.
  • Section 26A Disallowance of input tax where consideration not paid
  • Section 26AA Disapplication of disallowance under section 26A in insolvency
  • Section 26AB Adjustment of output tax in respect of supplies under section 55A
  • Section 26B Flat-rate scheme
  • Section 27 Goods imported for private purposes.
  • Section 28 Payments on account of VAT.
  • Section 29 Invoices provided by recipients of goods or services.
  1. Payment of VAT by taxable persons
  2. Goods imported for private purposes.

Section 27 | Goods imported for private purposes.

From legislation.gov.uk

(1)Where goods are imported by a taxable person ... and—F1

(a)at the time of importation they belong wholly or partly to another person; and

(b)the purposes for which they are to be used include private purposes either of himself or of the other,

VAT paid or payable by the taxable person on the importation of the goods shall not be regarded as input tax to be deducted or credited under section 25; but he may make a separate claim to the Commissioners for it to be repaid.

(2)The Commissioners shall allow the claim if they are satisfied that to disallow it would result, in effect, in a double charge to VAT; and where they allow it they shall do so only to the extent necessary to avoid the double charge.

(3)In considering a claim under this section, the Commissioners shall have regard to the circumstances of the importation and, so far as appearing to them to be relevant, things done with, or occurring in relation to, the goods at any subsequent time.

(4)Any amount allowed by the Commissioners on the claim shall be paid by them to the taxable person.

(5)The reference above to a person’s private purposes is to purposes which are not those of any business carried on by him.

Notes

  1. F1

    Words in s. 27(1) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 27 (with Sch. 8 para. 99) (with savings and transitional provisions in S.I. 2019/105 (as amended by S.I. 2020/1495, regs. 1(2), 21), S.I. 2020/1545, Pt. 4 and 2020 c. 26, Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 4(b) (with reg. 7)

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