The Value Added Tax Regulations 1995

Writing off debts U.K.

172.  —

(1) This regulation shall apply for the purpose of ascertaining whether, and to what extent, the consideration is to be taken to have been written off as a bad debt.

[F1 (1A) Neither the whole nor any part of the consideration for a supply shall be taken to have been written off in accounts as a bad debt until a period of not less than six months has elapsed from the time when such whole or part first became due and payable to or to the order of the person who made the [F2 relevant supply].]

[F3 (2) Subject to paragraph (1A) the whole or any part of the consideration for a [F4 relevant supply] shall be taken to have been written off as a bad debt when an entry is made in relation to that supply in the refunds for bad debt account in accordance with regulation 168.]

(3) Where the claimant owes an amount of money to the purchaser which can be set off, the consideration written off in the accounts shall be reduced by the amount so owed.

(4) Where the claimant holds in relation to the purchaser an enforceable security, the consideration written off in the accounts of the claimant shall be reduced by the value of that security.

Textual Amendments

F1 Reg. 172(1A) added (17.12.1996) by The Value Added Tax (Amendment) (No.5) Regulations 1996 (S.I. 1996/2960), regs. 1, 2(a)

F2 Words in reg. 172(1A) substituted (1.5.1997) by The Value Added Tax (Amendment) Regulations 1997 (S.I. 1997/1086), regs. 1, 14(a)

F3 Reg. 172(2) substituted (17.12.1996) by The Value Added Tax (Amendment) (No.5) Regulations 1996 (S.I. 1996/2960), regs. 1, 2(b)

F4 Words in reg. 172(2) substituted for word (1.5.1997) by The Value Added Tax (Amendment) Regulations 1997 (S.I. 1997/1086), regs. 1, 14(b)

Modifications etc. (not altering text)

C1 Pt. XIX modified (10.6.2021 for specified purposes, 1.7.2021 in so far as not already in force) by 1994 c. 23, Sch. 9ZF para. 16(4) (as inserted by Finance Act 2021 (c. 26), s. 95(6)(a), Sch. 18 para. 6; S.I. 2021/770, regs. 3, 4 (with regs. 5-7))

Commencement Information

I1 Reg. 172 in force at 20.10.1995, see reg. 1