Value Added Tax (Supply of Services) (Amendment) Order 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/762 |
| Year | 1998 |
1998 No. 762
VALUE ADDED TAX
The Value Added Tax (Supply of Services) (Amendment) Order 1998
Made 17th March 1998
Laid before the House of Commons 17th March 1998
Coming into force 18th March 1998
The Treasury, in exercise of the powers conferred on them by section 5(4) of the Value Added Tax Act 19941and of all other powers enabling them in that behalf, hereby make the following Order:
1. This Order may be cited as the Value Added Tax (Supply of Services) (Amendment) Order 1998 and shall come into force on 18th March 1998 in relation to services which are put to any private use, or used or made available to any person for use for a purpose other than a purpose of the business, on or after that date.
2. The Value Added Tax (Supply of Services) Order 19932shall be amended in accordance with the following provisions of this Order.
3. In article 6(b), for “was” there shall be substituted “has or will become”.
4. In article 7—
(a) for “was entitled” there shall be substituted “has or will become entitled”; and
(b) from the words “credit” to “Act” there shall be substituted “credit under sections 25 and 26 of the Act”.
5. After article 7 there shall be added—
S-8 “8. Where—
(a) there is a supply of any of the assets of a business of a person (“the transferor”) to a person to whom the whole or any part of that business is transferred as a going concern (“the transferee”), and
(b) that supply is treated in accordance with an Order made under section 5(3) of the Act (or under an enactment re-enacted in section 5(3) of the Act) as being neither a supply of goods nor a supply of services,
the liability of the transferee to tax in accordance with articles 5, 6(b) and 7 above, shall be determined as if the transferor and the transferee were the same person.
S-9 9. Where a transferor has himself acquired any assets by way of a supply falling within paragraphs (a) and (b) of article 8 above, that article shall have the effect of requiring the person from whom those assets were acquired to be treated for the purposes of determining the liability of the transferee to tax in accordance with articles...
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