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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. Deposit schemes: liability to account for VAT on deposit amounts

Section 55D | Deposit schemes: liability to account for VAT on deposit amounts F1

From legislation.gov.uk

(1)For the purposes of this section, a person makes a “relevant deposit scheme supply” if—

(a)the person makes the first supply of goods in relation to which a deposit amount is payable (whether or not another person makes a subsequent supply of those goods in relation to which a deposit amount is payable), and

(b)that supply is a taxable (but not a zero-rated) supply.

(2)A person who makes relevant deposit scheme supplies is liable to account for and pay the VAT in respect of the deposit amount that, on the applicable assumption, would have been charged in relation to the proportion of the supplies that is determined, in accordance with provision made by or under regulations under subsection (4), as being attributable to goods in respect of which no deposit amount is repaid.

(3)The applicable assumption is that, in the case of those goods, section 55C(3) is ignored and the deposit amount and the price payable for the goods are regarded instead as indistinguishable parts of the consideration for the supply of the goods.

(4)The Commissioners may by regulations make provision about accounting for VAT in relation to designated deposit schemes including, in particular, provision—

(a)for the making of financial adjustments in connection with the liability to account for and pay VAT under subsection (2);

(b)specifying the methods for calculating those adjustments;

(c)specifying the methods for determining or estimating the proportion of supplies in respect of which deposit amounts are not repaid;

(d)about the manner in which, and the period within which, adjustments are to be made (including adjustments for the correction of errors);

(e)specifying the conditions subject to which adjustments are to be made;

(f)conferring power on the Commissioners to make provision for the purposes of paragraphs (a) to (e) by means of a notice published in accordance with the regulations.

(5)The power to make regulations under subsection (4) includes power to make (or to enable the Commissioners to make)—

(a)different provision for different purposes;

(b)different provision for different areas;

(c)consequential, supplementary, incidental, transitional, transitory or saving provision.

Notes

  1. F1

    Ss. 55B-55D inserted (11.7.2023) by Finance (No. 2) Act 2023 (c. 30), s. 315

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