F6PART VIIAFLAT-RATE SCHEME FOR SMALL BUSINESSES
Relevant supplies and purchases55C
1
Subject to paragraphs (3) F2, (5) and (6), any—
a
supply of any goods or services to,
b
acquisition of any goods from another member State by, or
c
importation of any goods F4... by,
a flat-rate trader is a relevant purchase of his.
2
Subject to the following provisions of this regulation, any supply made by a person when he is not a flat-rate trader is not a relevant supply of his.
3
Subject to F3paragraphs (4) and (6) below, where—
a
a supply is made to, or made by, a person at a time when he is not a flat-rate trader, and
b
the operative date for VAT accounting purposes is, by virtue of regulation 57 (cash accounting scheme), a date when he is a flat-rate trader,
that supply is a relevant supply or a relevant purchase of his, as the case may be, if otherwise it would not be by virtue of paragraph (2) above.
4
Where a person—
a
is entitled to any credit for input tax in respect of the supply to, or acquisition or importation by, him of capital expenditure goods,
b
claims any such credit, and
c
makes a supply of those capital expenditure goods,
the supply made by him is not a relevant supply of his, if otherwise it would be.
5
Where by virtue of any provision of, or made under, the Act a supply is treated as made by a flat-rate trader, whether to himself or otherwise, that supply is neither a relevant supply nor a relevant purchase of his.
F76
Where a supply of goods F1or services to which section 55A(6) of the Act applies (customers to account for tax on supplies of goods F1or services of a kind used in missing trader F5... fraud) is made to, or made by, a flat rate trader, that supply is neither a relevant purchase nor a relevant supply of his.
Pt. 7A inserted (25.4.2002) by The Value Added Tax (Amendment) (No. 2) Regulations 2002 (S.I. 2002/1142), regs. 1(2), 7