Finance Act 2010

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Section 1 (Interpretation), definition of “exempted activity” in subsection (1)

Substitute “Schedule 1” for “the First Schedule”.

Section 1 (Interpretation), definition of “new means of transport” in subsection (1)

Substitute “paragraph 4(2) of Schedule 2” for “paragraph (v) of the Second Schedule”.

Section 3 (Supply of goods)

(a) In subsection (1)(g)(ii), substitute “paragraphs 1(1) to (3), 3(1) and (3), and 7(1) to (4) of Schedule 2 and the transfer of the goods referred to in paragraphs 4(2), (4) and (5) and 5(2) to that Schedule” for “paragraph (i) of the Second Schedule and the transfer of the goods referred to in paragraphs (v), (va), (vb) and (x) of the Second Schedule”;

(b) In subsection (5)(a) and (c)(i), substitute “paragraph 6(1)(e) of Schedule 1” for “subparagraph (i)(e) of the First Schedule”;

(c) In subsection (5)(c), substitute “paragraph 12 of Schedule 1” for “paragraph (xxiv) of the First Schedule”.

Section 3B (Alcohol products)

In subsection (2), substitute “in paragraph 1(1) or (3), 3(1) or 7(6) of Schedule 2” for “in subparagraph (a)(I), (b) or (cc) of paragraph (i) or in paragraph (ia) of the Second Schedule”.

Section 4 (Special provisions in relation to the supply of immovable goods)

(a) In subsection (3A)(a)(ii), substitute “paragraph 11 of Schedule 1” for “paragraph (iv) of the First Schedule”;

(b) In subsection (8)(a)(iii), substitute “paragraphs 1, 5(4), 6, 7, 8, 11 and 14(3) of Schedule 1” for “paragraphs (i), (iv), (ix), (xi), (xia), (xiii) and (xiv) of the First Schedule”.

Section 4C (Transitional provisions for supplies of immovable goods)

In subsection (3), substitute “paragraph 11 of Schedule 1” for “paragraph (iv) of the First Schedule”.

Section 5 (Supply of services)

In subsection (2), substitute “paragraph 8 of Schedule 2” for “paragraph (xii) of the Second Schedule”.

Section 7 (Waiver of exemption)

(a) In subsection (1)(a)—

(i) substitute “paragraph 11 of Schedule 1” for “paragraph (iv) of the First Schedule”, and

(ii) substitute “that paragraph” for “the said paragraph (iv)”;

(b) In subsection (1)(b), substitute “paragraph 11 of Schedule 1” for “paragraph (iv) of the First Schedule”;

(c) In subsection (1A)(a), substitute “paragraph 11 of Schedule 1” for “paragraph (iv) of the First Schedule”;

(d) In subsection (3), substitute “paragraph 7(7) of Schedule 2” for “paragraph (via) of the Second Schedule”;

(e) In subsection (4), substitute “Schedule 1” for “the First Schedule”.

Section 7A (Option to tax lettings of immovable goods)

In subsection (1)(a), substitute “paragraph 11 of Schedule 1” for “paragraph (iv) of the First Schedule”.

Section 8 (Taxable persons)

(a) In subsection (1A)(e)(iii), substitute “Schedule 1” for “the First Schedule”;

(b) In subsection (3)(a)(ii), substitute “paragraph 22(1) of Schedule 3” for “paragraph (xia) of the Sixth Schedule”;

(c) In subsection (3E)(a)(i), substitute “paragraph 3(4) of Schedule 1” for “paragraph (xxiii) of the First Schedule”;

(d) In subsection (5), substitute “paragraph 11 of Schedule 3” for “paragraph (xiii) of the Sixth Schedule”;

(e) In subsection (5A)(a) and (b), substitute “paragraph 11 of Schedule 3” for “paragraph (xiii) of the Sixth Schedule”.

Section 10 (Amount on which tax is chargeable)

(a) In subsection (4C), substitute “paragraph 6(1)(e) of Schedule 1” for “subparagraph (i)(e) of the First Schedule”;

(b) In subsection (8)(a), substitute “paragraph 8 of Schedule 2” for “paragraph (xii) of the Second Schedule”.

Section 10A (Margin scheme goods)

(a) In subsection (1), substitute the following definitions for the definitions of “antiques”, “collectors’ items” and “works of art”:

“ ‘antiques’ means any of the goods specified in paragraph 24 of Schedule 3 or in paragraph (iii) of Schedule 5;

‘collectors’ items’ means any of the goods specified in paragraph (ii) of Schedule 5;

‘works of art’ means any of the goods specified in paragraph 18(2) or 23 of Schedule 3 or in paragraph (i) of Schedule 5.”;

(b) In subsection (10)—

(i) substitute “paragraph 1(1) of Schedule 2” for “paragraph (i)(b) of the Second Schedule”, and

(ii) substitute “that Schedule” for “the Second Schedule”, where secondly occurring;

(c) In subsection (13), substitute “paragraph 12 of Schedule 1” for “paragraph (xxiv) of the First Schedule”.

Section 10B (Special scheme for auctioneers)

(a) In subsection (7)—

(i) substitute “paragraph 1(1) of Schedule 2” for “paragraph (i)(b) of the Second Schedule”, and

(ii) substitute “that Schedule” for “the Second Schedule”, where secondly occurring;

(b) In subsection (10), substitute “paragraph 12 of Schedule 1” for “paragraph (xxiv) of the First Schedule”.

(b) In subsection (1)(d), substitute “Schedule 3” for “the Sixth Schedule”;

(c) In subsection (1AA), substitute “Schedule 5” for “the Eighth Schedule”, wherever occurring;

(d) In subsection (4A)(a), substitute “paragraph 8 of Schedule 2” for “paragraph (xii) of the Second Schedule”;

(e) In subsection (8), substitute “Schedule 2 or 3” for “the Second, Third or Sixth Schedule”.

Section 12 (Deduction for tax borne or paid)

(a) In subsection (1)(a)(ix), substitute “paragraph 12(c) of Schedule 1” for “paragraph (xxiv)(c) of the First Schedule”;

(b) In subsection (1)(b)(ii), substitute “paragraph 6, 7 or 8 of Schedule 1” for “paragraph (i), (ix)(d) or (xi), of the First Schedule”;

(c) In subsection (3)(a)(iii), substitute “paragraph 6(1)(e) of Schedule 1” for “subparagraph (i)(e) of the First Schedule”;

(d) In the definition of “qualifying accommodation” in subsection (3)(ca), substitute “paragraph 11 of Schedule 3” for “paragraph (xiii) of the Sixth Schedule”;

(e) In subsection (4)(e)(ii), substitute “paragraph 6 of Schedule 1” for “paragraph (i) of the First Schedule”.

Section 12B (Special scheme for means of transport supplied by taxable dealers)

(a) In paragraph (b) of the definition of “taxable dealer” in subsection (3), substitute “paragraph 6(1)(e) of Schedule 1” for “subparagraph (i)(e) of the First Schedule”;

(b) In the definition of “means of transport” in subsection (3), substitute “paragraph 4(2) of Schedule 2” for “paragraph (v) of the Second Schedule”;

(c) In subsection (10), substitute “paragraph 12 of Schedule 1” for “paragraph (xxiv) of the First Schedule”.

Section 12C (Special scheme for agricultural machinery)

In subsection (5), substitute “paragraph 6(1)(e) of Schedule 1” for “subparagraph (i)(e) of the First Schedule”.

Section 12F (Special scheme for intra-Community refunds of tax)

In section 12F, substitute “Schedule 6” for “the Ninth Schedule”.

Section 13 (Remission of tax on goods exported, etc.)

In subsection (2)(b), substitute “paragraph 4(2) of Schedule 2” for “paragraph (v) of the Second Schedule”.

Section 13A (Supplies to, and intra-Community acquisitions and imports by, certain taxable persons)

(a) In subsection (1), substitute “paragraph 7(7) of Schedule 2” for “paragraph (via) of the Second Schedule”;

(b) In subsection (1), substitute the following definition for the definition of “qualifying person”:

“ ‘qualifying person’ means an accountable person whose turnover from—

(a) supplies of goods made in accordance with paragraph 1(1) or 3(1) or (3) of Schedule 2, and

(b) supplies of contract work where the place of supply is deemed to be the State, and

(c) supplies of contract work made in accordance with paragraph 3(4) of Schedule 2,

amounts to, or is likely to amount to, 75 per cent of the person’s total turnover from supplying goods and services, except that, if, in the case of goods that are supplied to an accountable person, the goods are subsequently leased back from that person, the turnover from that supply is to be disregarded for the purpose of determining whether the accountable person is a qualifying person;”;

(c) In subsections (5), (6), (7) and (8), substitute “paragraph 7(7) of Schedule 2” for “paragraph (via) of the Second Schedule”, wherever occurring.

Section 17 (Invoices)

In subsection (8), substitute “paragraph 1(1) or (2) of Schedule 2” for “subparagraph (b) or (c) of paragraph (i) of the Second Schedule”.

Section 19 (Tax due and payable)

(a) In subsection (1)(bb), substitute “paragraph 17(3) of Schedule 3” for “paragraph (i)(c) of the Sixth Schedule”;

(b) In subsection (2), substitute “paragraph 1(1) or (2) of Schedule 2” for “subparagraph (b) or (c) of paragraph (i) of the Second Schedule”.

Section 25 (Appeals)

Substitute “Schedule 6” for “the Ninth Schedule”, wherever occurring.

Section 27A (Penalty for deliberately or carelessly making incorrect returns, etc.)

In subsection (21)(a)(i), substitute “paragraph 1(1), (2), 3(1) or 7(3) of Schedule 2” for “subparagraph (a), (b) or (c) of paragraph (i) of the Second Schedule”.

Section 32 (Regulations)

(a) In subsection (1)(ag), substitute “paragraph 3(1) or 7(3) of Schedule 2” for “paragraph (ia) of the Second Schedule”;

(b) In subsection (1)(ah), substitute “paragraph 2(1) of Schedule 2” for “paragraph (iiib) of the Second Schedule”;

(c) In subsection (1)(de), substitute “paragraph 24 of Schedule 3 or paragraph (iii) of Schedule 5” for “paragraph (xvia) of the Sixth Schedule or paragraph (iii) of the Eighth Schedule”;

(d) In subsection (1)(w), substitute “paragraph 10(1) of Schedule 2” for “paragraph (xvii) of the Second Schedule”;

(e) In subsection (1)(ww), substitute “paragraph 10(2) of Schedule 2” for “paragraph (xix) of the Second Schedule”;

(f) In subsection (1)(www), substitute “paragraph 11 of Schedule 3” for “paragraph (xiii) of the Sixth Schedule”;

(g) In subsection (2A), substitute “paragraph 17(1) of Schedule 3” for “paragraph (ia) of the Sixth Schedule”.

The Third Schedule (Goods and services chargeable at the rate specified in section 11(1)(c))

Repeal the Schedule.

Fifth Schedule (Agricultural production activities and services)

In the Schedule heading, substitute “SCHEDULE 4” for “FIFTH SCHEDULE”.

Sixth Schedule (Goods and services chargeable at the rate specified in section 11(d))

Repeal the Schedule.

Eighth Schedule (Works of art, collectors’ items and antiques chargeable at the rate specified in section 11(1)(d) in the circumstances specified in section 11(1AA))

(a) In the Schedule heading, substitute “SCHEDULE 5” for “EIGHTH SCHEDULE”;

(b) In paragraph (i)(a), substitute “paragraph 23 of Schedule 3” for “paragraph (xvi) of the Sixth Schedule”;

(c) In paragraph (i)(f), substitute “paragraph 18(2)(a) of Schedule 3” for “paragraph (xxii)(a) of the Sixth Schedule”;

(d) In paragraph (iii), substitute “paragraph 18(2)(a), 23 or 24 of Schedule 3” for “paragraph (xvi), (xvia) or (xxii)(a) of the Sixth Schedule”.

Ninth schedule (Special scheme for intra-Community refunds of tax)

In the Schedule heading, substitute “SCHEDULE 6” for “NINTH SCHEDULE”.