No: C&E 13 29 November 1994 BUDGET 1994 : VAT ZERO-RATING OF EXPORTS BY REGISTERED CHARITIES The Chancellor proposes to repeal a little used section of the VAT Act 1994 to prevent it being used as a basis for tax avoidance, and to provide alternative legislative cover for its only legitimate use, which is to allow registered charities to reclaim VAT they have paid on goods which they are exporting for charitable purposes. The zero-rating of charities' exports also relies upon an extra statutory concession which will be legislated for at the same time. The Chancellor's intention is to block a potential tax loophole, but at the same time provide continuing cover for zero-rating charity exports. The changes will take effect from Royal Assent. NOTES FOR EDITORS 1. Section 30(5) (originally 16(5) of the VAT Act 1983) was enacted to treat transfers of goods and services by UK subsidiaries to overseas parent companies as zero-rated exports for VAT purposes. This enabled UK subsidiaries to recover input tax on related costs and overheads. Zero-rating is now provided elsewhere under the VAT Act 1994 and the existing Section 30(5) is no longer required. 2. Customs have in the past, as a concession, allowed zero-rating under Section 30(5) for the export of goods by a registered charity where the transaction would not otherwise have qualified as a supply for VAT purposes because it was not made in return for payment. Along with an Extra Statutory Class Concession (ESCC) treating goods exported by charity as by way of business for VAT purposes, this enabled a charity to register for VAT and to treat any VAT charged on the goods and related overheads as recoverable input tax. The new Section 30(5) provides a firm statutory basis for the charities' concession and replaces the need for the ESCC. 3. The estimated revenue effect is nil. 4. A Compliance Cost Assessment (reference CCA 11) is available, copies of which can be obtained from Jill Lewis, BACU3, 10th floor W, HM Customs & Excise, New King's Beam House, 22 Upper Ground, London SE1 9PJ (Tel No: 0171-865-5570). 5. Details for traders are available in Budget notice BN 35/94. ISSUED BY: HM CUSTOMS AND EXCISE, PRESS AND INFORMATION OFFICE, NEW KING'S BEAM HOUSE, 22 UPPER GROUND, LONDON, SE1 9PJ TELEPHONE: 0171 865 5468/5470/5471 FAX: 0171 865 5625