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Legislation
Value Added Tax Act 1994

Part III Application of Act in particular cases

  • Section 40A Northern Ireland Protocol
  • Section 41 Application to the Crown.
  • Section 41A Supply of goods or services by public bodies
  • Section 42 Local authorities.
  • Section 43 Groups of companies.
  • Section 43A Groups: eligibility.
  • Section 43AZA Section 43A: control test
  • Section 43AA Power to alter eligibility for grouping
  • Section 43B Groups: applications.
  • Section 43C Groups: termination of membership.
  • Section 43D Groups: duplication
  • Section 44 Supplies to groups.
  • Section 45 Partnerships.
  • Section 46 Business carried on in divisions or by unincorporated bodies, personal representatives etc.
  • Section 47 Agents etc.
  • Section 48 VAT representatives and security.
  • Section 49 Transfers of going concerns.
  • Section 50 Terminal markets.
  • Section 50A Margin schemes.
  • Section 50B Margin schemes and export or removal of goods
  • Section 51 Buildings and land.
  • Section 51B Face-value vouchers issued before 1 January 2019
  • Section 51C Vouchers issued on or after 1 January 2019
  • Section 51D Postage stamps issued on or after 1 January 2019
  • Section 52 Trading stamp schemes.
  • Section 53 Tour operators.
  • Section 54 Farmers etc.
  • Section 55 Customers to account for tax on supplies of gold etc.
  • Section 55A Customers to account for tax on supplies of goods or services of a kind used in missing trader ... fraud
  • Section 55B Deposit schemes: designation
  • Section 55C Deposit schemes: value of supply
  • Section 55D Deposit schemes: liability to account for VAT on deposit amounts
  • Section 56 Fuel for private use.
  • Section 57 Determination of consideration for fuel supplied for private use.
  • Section 57A Importation following zero-rated free zone supply: deemed supply
  1. Part III · Application of Act in particular cases
  2. Agents etc.

Section 47 | Agents etc.

From legislation.gov.uk

(1)Where goods are imported by a taxable person (“T”) who supplies them as agent for a person who is not a taxable person, then, if T acts in relation to the supply in T's own name, the goods are to be treated for the purposes of this Act as imported and supplied by T as principal.F1

(2)For the purposes of subsection (1) above a person who is not resident in the United Kingdom and whose place or principal place of business is outside the United Kingdom may be treated as not being a taxable person if as a result he will not be required to be registered under this Act.

(2A)Where, in the case of any supply of goods to which subsection (1) above does not apply, goods are supplied through an agent who acts in his own name, the supply shall be treated both as a supply to the agent and as a supply by the agent.F2

(3)Where . . . services, other than electronically supplied services and telecommunication services, are supplied through an agent who acts in his own name the Commissioners may, if they think fit, treat the supply both as a supply to the agent and as a supply by the agent.F3F4

(4)Where electronically supplied services or telecommunication services are supplied through an agent, acting in the agent's own name, the supply is to be treated both as a supply to the agent and as a supply by the agent.F5F6

(5)RepealedF7F5

(6)In this section “electronically supplied services” and “telecommunication services” have the same meaning as in Schedule 4A (see paragraph 9(3) and (4) and paragraph 9E(2) of that Schedule).F5F8

Notes

  1. F1

    S. 47(1) substituted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 50(2) (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)

  2. F2

    S. 47(2A) inserted (1.5.1995 with effect as mentioned in s. 23(4)(b) of the amending Act) by 1995 c. 4, s. 23(2)

  3. F3

    Words in s. 47(3) repealed (1.5.1995 with effect as mentioned in s. 23(4)(b) of the amending Act) by 1995 c. 4, ss. 23(3), 162, Sch. 29 Pt. VI(2) Note

  4. F4

    Words in s. 47(3) inserted (with effect in accordance with s. 106(4) of the amending Act) by Finance Act 2014 (c. 26), s. 106(2)

  5. F5

    S. 47(4)-(6) inserted (with effect in accordance with s. 106(4) of the amending Act) by Finance Act 2014 (c. 26), s. 106(3)

  6. F6

    Words in s. 47(4) inserted (31.12.2020) by Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 50(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)

  7. F7

    S. 47(5) omitted (31.12.2020) by virtue of Taxation (Cross-border Trade) Act 2018 (c. 22), s. 57(3), Sch. 8 para. 50(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)

  8. F8

    Words in s. 47(6) substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Value Added Tax (Place of Supply of Services) (Telecommunication Services) Order 2017 (S.I. 2017/778), arts. 1(1), 5

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