F15PART VAREIMBURSEMENT ARRANGEMENTS

Annotations:
Amendments (Textual)

Interpretation of Part VAC1F243A

In this Part—

  • F26“claim” means—

    1. a

      a claim made under section 80 of the Act for credit of an amount accounted for to the Commissioners or assessed by them as output tax which was not output tax due to them; F31...

    2. b

      F31...

    and “claimed” and “claimant” are to be construed accordingly;.

  • “reimbursement arrangements” means any arrangements (whether made before, on or after 30th January 1998) for the purposes of a claim which—

    1. a

      are made by a claimant for the purpose of securing that he is not unjustly enriched by the F27repaymentF27crediting of any amount in pursuance of the claim; and

    2. b

      provide for the reimbursement of persons (consumers) who have, for practical purposes, borne the whole or any part of the F16cost of the original payment of that amount to the CommissionersF16original amount brought into account as output tax that was not output tax due;

  • “relevant amount” means that part (which may be the whole) of the amount of a claim which the claimant has reimbursed or intends to reimburse to consumers.

Reimbursement arrangements—generalF243B

Without prejudice to F30regulation 43H below, for the purposes of section 80(3) of the Act (defence by the Commissioners that F7repaymentF7crediting by them of an amount claimed would unjustly enrich the claimant) reimbursement arrangements made by a claimant shall be disregarded except where they—

a

include the provisions described in F23regulation 43C below; and

b

are supported by the undertakings described in F17regulation 43G below.

Reimbursement arrangements—provisions to be includedF243C

The provisions referred to in F20regulation 43B(a) above are that—

a

reimbursement for which the arrangements provide will be completed by no later than 90 days after the F19repaymentF19crediting of the amount to which it relates;

b

no deduction will be made from the relevant amount by way of fee or charge (howsoever expressed or effected);

c

reimbursement will be made only in cash or by cheque;

F6d

any part of the relevant amount that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;

F6d

any part of the relevant amount credited to the claimant that is not reimbursed by the time mentioned in paragraph (a) above will be notified by the claimant to the Commissioners;

da

any part of the relevant amount paid (or repaid) to the claimant that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;

e

any interest paid by the Commissioners on any relevant amount F28repaidF28paid (or repaid) by them will also be treated by the claimant in the same way as the relevant amount falls to be treated under paragraphs (a) and (b) above; and

f

the records described in F13regulation 43E below will be kept by the claimant and produced by him to the Commissioners, or to an officer of theirs in accordance with F4regulation 43F below.

F14Repayments to the CommissionersNotifications and repayments to the CommissionersF14F243D

F14The claimant shall, without prior demand, make any repayment to the Commissioners that he is required to make by virtue of F29regulation 43C(d) and (e) above within 14 days of the expiration of the period of 90 days referred to in F5regulation 43C(a) above.

F14The claimant shall give any notification to the Commissioners that he is required to give by virtue of regulation 43C(d) above and, without any prior demand, make any repayment to the Commissioners that he is required to make by virtue of regulation 43C(da) and (e) above within 14 days of the expiration of the 90 days referred to in regulation 43C(a) above.

RecordsF243E

The claimant shall keep records of the following matters—

a

the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;

b

the total amount reimbursed to each such consumer;

c

the amount of interest included in each total amount reimbursed to each consumer;

d

the date that each reimbursement is made.

Production of recordsF243F

1

Where a claimant is given notice in accordance with paragraph (2) below, he shall, in accordance with such notice produce to the Commissioners, or to an officer of theirs, the records that he is required to keep pursuant to F1regulation 43E above.

2

A notice given for the purposes of paragraph (1) above shall—

a

be in writing;

b

state the place and time at which, and the date on which the records are to be produced; and

c

be signed and dated by the Commissioners, or by an officer of theirs,

and may be given before or after, or both before and after the Commissioners have F24paidF24credited the relevant amount to the claimant.

UndertakingsF243G

1

Without prejudice to F22regulation 43H(b) below, the undertakings referred to in F8regulation 43B(b) above shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.

2

The undertakings shall be in writing, shall be signed and dated by the claimant, and shall be to the effect that—

a

at the date of the undertakings he is able to identify the names and addresses of those consumers whom he has reimbursed or whom he intends to reimburse;

b

he will apply the whole of the relevant amount F9repaidF9credited to him, without any deduction by way of fee or charge or otherwise, to the reimbursement in cash or by cheque, of such consumers by no later than 90 days after his receipt of that amount (except insofar as he has already so reimbursed them);

c

he will apply any interest paid to him on the relevant amount F12repaidF12paid (or repaid) to him wholly to the reimbursement of such consumers by no later than 90 days after his receipt of that interest;

d

F25he will repay to the Commissioners without demand the whole or such part of the relevant amount repaid to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;

F25he will notify the Commissioners of the whole or such part of the relevant amount credited to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;

da

he will repay to the Commissioners without demand the whole or such part of the relevant amount paid (or repaid) to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraphs (b) and (c) above;

e

he will keep the records described in F3regulation 43E above; and

f

he will comply with any notice given to him in accordance with F10regulation 43F above concerning the production of such records.

Reimbursement arrangements made before 11th February 1998F243H

F21Reimbursement arrangements made by a claimant before 11th February 1998 shall not be disregarded for the purposes of section 80(3) of the Act if, not later than 11th March 1998—

a

he includes in those arrangements (if they are not already included) the provisions described in F18regulation 43C above; and

b

gives the undertakings described in F11regulation 43G above.