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Legislation
Value Added Tax Act 1994

Crossheading Online marketplaces

  • Section 77B Joint and several liability: sellers identified as non-compliant by the Commissioners
  • Section 77BA Joint and several liability: non-UK sellers in breach of Schedule 1A registration requirement
  • Section 77C Joint and several liability under section 77B or 77BA: assessments
  • Section 77D Joint and several liability under section 77B or 77BA: interest
  • Section 77E Display of VAT registration numbers
  1. Online marketplaces
  2. Joint and several liability under section 77B or 77BA: assessments

Section 77C | Joint and several liability under section 77B or 77BA: assessments F1

From legislation.gov.uk

(1)The Commissioners may assess the amount of VAT due from the operator of an online marketplace by virtue of section 77B or 77BA to the best of their judgment and notify it to the operator.F2

(2)Subject to subsections (3) to (6), an assessment may be made for such period or periods as the Commissioners consider appropriate.

(3)An assessment for any month may not be made after the end of—

(a)2 years after the end of that month, or

(b)(if later) one year after evidence of facts, sufficient in the opinion of the Commissioners to justify the making of an assessment for that month, comes to their knowledge.

(4)Subsection (5) applies if, after the Commissioners have made an assessment for a period, evidence of facts sufficient in the opinion of the Commissioners to justify the making of a further assessment for that period comes to their knowledge.

(5)The Commissioners may, no later than one year after that evidence comes to their knowledge, make a further assessment for that period (subject to subsection (6)).

(6)An assessment or further assessment for a month may not be made more than 4 years after the end of the month.

(7)An amount which has been assessed and notified to a person under this section is deemed to be an amount of VAT due from the person and may be recovered accordingly (unless, or except to the extent that, the assessment is subsequently withdrawn or reduced).

(8)Subsection (7) is subject to the provisions of this Act as to appeals.

(9)RepealedF3

Notes

  1. F1

    Ss. 77B-77D inserted (15.9.2016) by Finance Act 2016 (c. 24), s. 124(2)

  2. F2

    Words in s. 77C(1) inserted (15.3.2018) by Finance Act 2018 (c. 3), s. 38(6)(b)

  3. F3

    S. 77C(9) omitted (17.12.2020 for specified purposes, 31.12.2020 in so far as not already in force) by virtue of Taxation (Post-transition Period) Act 2020 (c. 26), s. 11(1)(e), Sch. 3 para. 10 (with Sch. 2 para. 7(7)-(9)); S.I. 2020/1642, reg. 9

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