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Amendment of section 10A (margin scheme goods) of Principal Act.
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125.—Section 10A (inserted by the Act of 1995) of the Principal Act is hereby amended in subsection (1)—
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(a) by the substitution of the following definition for the definition of “margin scheme goods”:
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“‘margin scheme goods’ means any works of art, collectors' items, antiques or second-hand goods supplied within the Community to a taxable dealer—
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(a) by a person, other than a person referred to in paragraph (c), who was not entitled to deduct, under section 12, any tax in respect of that person's purchase, intra-Community acquisition or importation of those goods:
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Provided that person is not a taxable person who acquired those goods from—
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(i) a taxable dealer who applied the margin scheme to the supply of those goods to that taxable person, or
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(ii) an auctioneer within the meaning of section 10B who applied the auction scheme within the meaning of section 10B to the supply of those goods to that taxable person,
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or
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(b) by a person in another Member State who was not entitled to deduct, under the provisions implementing Article 17 of Council Directive No. 77/388/EEC of 17 May 1977, in that Member State, any value-added tax referred to in that Directive in respect of that person's purchase, intra-Community acquisition or importation of those goods, or
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(c) by another taxable dealer who has applied the margin scheme to the supply of those goods or applied the provisions implementing Article 26a (inserted by Council Directive No. 94/5/EC of 14 February 1994) of Council Directive No. 77/388/EEC of 17 May 1977, in another Member State to the supply of those goods,
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and also includes goods acquired by a taxable dealer as a result of a disposal of goods by a person to such taxable dealer where that disposal was deemed not to be a supply of goods in accordance with section 3(5)(c).”,
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and
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(b) in the definition of “second-hand goods” by the insertion after “means of transport,” of “agricultural machinery (within the meaning of section 12C),”.
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