Section 66 | VAT: refunds to certain charities

(1)In Part 2 of VATA 1994 (reliefs, exemptions and repayments), after section 33B insert—

33CRefunds of VAT to charities within section 33D

(1)This section applies to a charity that falls within any of the descriptions in section 33D.A charity to which this section applies is referred to in this section as a “qualifying charity”.

(2)This section applies where—

(a)VAT is chargeable on—

(i)the supply of goods or services to a qualifying charity,

(ii)the acquisition of any goods from another member State by a qualifying charity, or

(iii)the importation of any goods from a place outside the member States by a qualifying charity, and

(b)the supply, acquisition or importation is not for the purpose of any business carried on by the qualifying charity.

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

(4)A claim under subsection (3) above in respect of a supply, acquisition or importation must be made before the end of the period of 4 years beginning with the day on which the supply is made or the acquisition or importation takes place.

(5)Subsection (6) applies where goods or services supplied to, or acquired or imported by, a qualifying charity otherwise than for the purpose of any business carried on by the qualifying charity cannot be conveniently distinguished from goods or services supplied to, or acquired or imported by, the qualifying charity for the purpose of such a business.

(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 acquisition or importation by, the qualifying charity such proportion of that VAT as appears to the Commissioners to be attributable to the carrying on of the business.

(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.

33DCharities to which section 33C applies

(2)In section 79 of VATA 1994 (repayment supplement in respect of certain delayed payments or refunds)—

(a)in subsection (1), after paragraph (d) insert

(e)a charity which is registered is entitled to a refund under section 33C,

;

(b)in subsection (5), after paragraph (d) insert

(e)a supplement paid to a charity under subsection (1)(e) shall be treated as an amount due to the charity by way of refund under section 33C.

;

(c)in subsection (6)(b), for “or 33B” substitute “ , 33B or 33C ”.

(3)In section 90 of VATA 1994 (failure of resolution under Provisional Collection of Taxes Act 1968), in subsection (3), after “33B,” insert “ 33C, ”.

(4)In Schedule 9 to VATA 1994 (exemptions), in Group 14 (supplies of goods where input tax cannot be recovered), in Note (9), after “33B,” insert “ 33C, ”.

(5)The amendments made by this section have effect in relation to supplies made, and acquisitions and importations taking place, on or after 1 April 2015.

(6)Repealed^F1