Finance Act 2008

Amendment of section 12B (special scheme for means of transport supplied by taxable dealers) of Principal Act.

95.— Section 12B of the Principal Act is amended—

(a) in subsection (3) with effect from 1 July 2008 by substituting the following for the definition of “taxable dealer”:

“ ‘ taxable dealer ’—

(a) means an accountable person who in the course or furtherance of business, whether acting on that person’s own behalf, or on behalf of another person pursuant to a contract under which commission is payable on purchase or sale, purchases or acquires means of transport as stock-in-trade with a view to resale, and

(b) includes a person supplying financial services of the kind specified in subparagraph (i)(e) of the First Schedule who acquires or purchases means of transport for the purpose of the supply thereof as part of an agreement of the kind referred to in section 3(1)(b),

and, for the purpose of this interpretation, a person in another Member State shall be deemed to be a taxable dealer where, in similar circumstances, that person would be a taxable dealer in the State under this section;”,


(b) in subsection (11)(a) by inserting “and, for the avoidance of doubt, the amount of tax chargeable in respect of that supply is included and was always included in the amount deductible in accordance with paragraph (b) and accordingly is not included and was never included in any amount which the taxable person is entitled to deduct in accordance with section 12(1)(a)(iii)” after “section 3(1)(e)”.