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Legislation
Value Added Tax Act 1994

Crossheading Reliefs etc. generally available

  • Section 29A Reduced rate
  • Section 30 Zero-rating.
  • Section 31 Exempt supplies ....
  • Section 32 Relief on supply of certain second-hand goods.
  • Section 33 Refunds of VAT in certain cases.
  • Section 33A Refunds of VAT to museums and galleries
  • Section 33B Refunds of VAT to Academies
  • Section 33C Refunds of VAT to charities within section 33D
  • Section 33D Charities to which section 33C applies
  • Section 33E Power to extend refunds of VAT to other persons
  • Section 34 Capital goods.
  • Section 35 Refund of VAT to persons constructing certain buildings.
  • Section 36 Bad debts.
  1. Reliefs etc. generally available
  2. Refunds of VAT to Academies

Section 33B | Refunds of VAT to Academies F1

From legislation.gov.uk

(1)This section applies where—

(a)VAT is chargeable on the supply of goods or services to, or on the importation of goods by, the proprietor of an Academy, andF2

(b)the supply... or importation is not for the purposes of any business carried on by the proprietor of the Academy.F3

(2)The Commissioners shall, on a claim made by the proprietor of the Academy at such time and in such form and manner as the Commissioners may determine, refund to that proprietor the amount of VAT so chargeable.

(3)Subject to subsection (4), the claim must be made before the end of the period of 4 years beginning with the day on which the supply is made or the ... importation takes place.F4

(4)If the Commissioners so determine, the claim period is such shorter period beginning with that day as the Commissioners may determine.

(5)Subsection (6) applies where goods or services supplied to, ... or imported by, the proprietor of the Academy cannot be conveniently distinguished from goods or services supplied to, ... or imported by, it for the purpose of a business carried on by that proprietor.F5

(6)The amount to be refunded under this section is such amount as remains after deducting from the whole of the VAT chargeable on any supply to, ... or importation by, the proprietor of the Academy such proportion of that VAT as appears to the Commissioners to be attributable to the carrying on of the business.F6

(7)References in this section to VAT do not include any VAT which, by virtue of an order under section 25(7), is excluded from credit under section 25.

(8)In this section—

(a)references to the proprietor of an Academy are to the proprietor of the Academy acting in that capacity, and

(b)“Academy” and “proprietor” have the same meaning as in the Education Act 1996 (see section 579 of that Act).

Notes

  1. F1

    S. 33B inserted (with effect in accordance with s. 76(5) of the amending Act) by Finance Act 2011 (c. 11), s. 76(1)

  2. F2

    S. 33B(1)(a) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 33(2)(a) (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)

  3. F3

    Word in s. 33B(1)(b) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 33(2)(b) (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)

  4. F4

    Words in s. 33B(3) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 33(3) (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)

  5. F5

    Words in s. 33B(5) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 33(4) (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)

  6. F6

    Words in s. 33B(6) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 33(5) (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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