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Statutory Instruments

1992 No. 3124

VALUE ADDED TAX

The Value Added Tax (Imported Gold) Relief Order 1992

Made

9th December 1992

Laid before the House of Commons

11th December 1992

Coming into force

1st January 1993

Whereas it appears necessary to the Treasury that the relief from value added tax provided by this Order should be allowed with a view to conforming with Article 14.1(j) of Council Directive No. 77/388/EEC(1) and Article 189 of the EEC Treaty(2):

Now therefore the Treasury, by virtue of the powers conferred on them by section 19(1) of the Value Added Tax Act 1983(3) and of all other powers enabling them in that behalf, hereby make the following Order:

1. This Order may be cited as the Value Added Tax (Imported Gold) Relief Order 1992 and shall come into force on 1st January 1993.

2. The tax chargeable upon the importation of gold (including gold coins) from a place outside the Member States shall not be payable where the importation is by a Central Bank.

3. The Value Added Tax (Imported Goods) Relief Order 1977(4) is hereby revoked.

Irvine Patnick

Tim Boswell

Two of the Lords Commissioners of Her Majesty's Treasury

9th December 1992

Explanatory Note

(This note is not part of the Order)

This Order relieves Central Banks from any liability to pay value added tax in respect of gold (including gold coins) imported by them from places outside the Member States.

(1)

OJ No. L145, 13.6.1977, p.1; this directive (the Sixth VAT Directive) was amended by Council Directive No. 91/680 EEC (OJ No. L376, 31.12.1991, p.1), Article 1.2 of which amended the definition of "importation of goods" provided by Article 7 of the Sixth VAT Directive.

(2)

Cmnd. 7460 to which the United Kingdom acceded by the Treaty of Accession (Cmnd. 7463) and to which there are amendments not relevant to this Order.

(3)

1983 c. 55; section 19(1) was amended by the Finance (No. 2) Act 1992 (c. 48), section 14(2) and Schedule 3, paragraph 20(1).

(4)

S.I. 1977/1790.

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