Finance Act, 1982

Amendment of section 8 (accountable Persons) of Principal Act.

77.—Section 8 of the Principal Act is hereby amended—

(a) by the substitution in subsection (3) (inserted by the Act of 1978) of the following paragraph for paragraph (b):

“(b) a person whose supplies of taxable goods or services consist exclusively of—

(i) supplies to taxable persons and persons to whom section 13 (3) applies of fish (not further processed than gutted, salted and frozen) which he has caught in the course of a sea-fishing business, or

(ii) supplies of the kind specified in subparagraph (i) and of either or both of the following, that is to say:

(I) supplies of machinery, plant or equipment which have been used by him in the course of a sea-fishing business, and

(II) supplies of other goods and services the total consideration for which has not exceeded and is not likely to exceed £15,000 in any continuous period of 12 months.”,

(b) by the insertion after subsection (3) of the following subsection:

“(3A) Where a person who supplies services consisting of the training of horses for racing, the consideration for which has exceeded £15,000 in any continuous period of 12 months, would, but for the supply of such services, be a farmer, he shall be deemed to be a taxable person only in respect of the supply of those services and, in the absence of an election, shall, in relation to the supply of any of the goods and services specified in paragraph (a) and subparagraphs (i) and (iii) of paragraph (b) of the definition of ‘farmer’ in subsection (9) (inserted by the Act of 1978), be deemed not to be a taxable person.”,

and

(c) by the substitution in subsection (9) for the definition of “farmer” of the following definition:

“‘farmer’ means a person who engages in at least one Annex A activity and—

(a) whose supplies consist exclusively of either or both of the following, that is to say:

(i) supplies of agricultural produce, or

(ii) supplies of agricultural services, or

(b) whose supplies consist exclusively of either or both of the supplies specified in paragraph (a) and of one or more of the following, that is to say:

(i) supplies of machinery, plant or equipment which has been used by him for the purposes of an Annex A activity,

(ii) supplies of services consisting of the training of horses for racing the total consideration for which has not exceeded and is not likely to exceed £15,000 in any continuous period of 12 months, or

(iii) supplies of goods and services, other than those referred to in subparagraphs (i) and (ii) or paragraph (a), the total consideration for which has not exceeded and is not likely to exceed £15,000 in any continuous period of 12 months.”.