Commentary

V5.162E VAT refunds for specified persons

Part V5 Compliance, enforcement and appeals

V5.162E VAT refunds for specified persons

V5.162E VAT refunds for specified persons

This paragraph considers the scope of the VAT refund available to certain 'specified persons' under VATA 1994, s 33E.

In his 2014 Autumn Statement, the Chancellor of the Exchequer announced1 that, with effect from Royal Assent to Finance Bill 2015, refunds would be made to certain non-departmental public bodies in respect of the VAT which they incur on shared services arrangements in relation to their non-business activities. The purpose of the measure is to ensure that VAT (which arises on such arrangements, and which would otherwise be irrecoverable) is not a disincentive to the use of such arrangements. The relevant legislation takes the form of VATA 1994, s 33E, originally to be introduced by FA 2015; draft legislation was released for comment in December 2014 and is described below. However the date of implementation was postponed until a 'future Finance Bill' (Finance Bill 20162), which became FA 2016 with effect from 15 September 2016.

VAT refunds for specified persons—scope of refund

A claim may be made by a 'specified person', ie a person specified in an order made by the Treasury3 in respect of the VAT chargeable on any of the following:

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