Retained EU Law SI 2006 United Kingdom

Council Directive 2006/112/EC (EU VAT Directive - retained for reference)

Enforced by
HMRC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 74 obligations carry an unlimited fine. 1 carries different penalties and 71 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Taxable Person52 Trader7 Farmer or Animal Keeper4

Plus 11 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Taxable Person — also bound by 11 other Acts
Trader — also bound by 825 other Acts
Farmer or Animal Keeper — also bound by 80 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.086 Importation of goods (opens in a new tab) Regulated
  • Calculate the correct value of imported goods for VAT purposesTrader
s.096 Standard rate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Government must set standard VAT rate at 15% or higherCrown / Minister / Government department
s.178 Rules governing exercise of the right of deduction (opens in a new tab) Regulated
  • Maintain evidence and records to claim VAT deductionsTaxable Person
s.179 Rules governing exercise of the right of deduction (opens in a new tab) Regulated
  • Calculate and deduct VAT from your tax returnTaxable Person
s.180 Rules governing exercise of the right of deduction (opens in a new tab) Regulated
  • Hold valid evidence to support your VAT deduction claimsTaxable Person
s.181 Rules governing exercise of the right of deduction (opens in a new tab) Regulated
  • Hold valid evidence to claim VAT deductionsTaxable Person
s.182 Rules governing exercise of the right of deduction (opens in a new tab) Regulated
  • Hold valid evidence to reclaim VAT on business expensesTaxable Person
s.183 Rules governing exercise of the right of deduction (opens in a new tab) Regulated
  • Hold valid evidence to claim VAT deductionsTaxable Person
s.184 Adjustment of deductions (opens in a new tab) Regulated
  • Adjust VAT deductions when purchase factors changeTaxable Person
s.206 Payment arrangements (opens in a new tab) Regulated
  • Pay the VAT due when you submit your VAT returnTaxable Person
s.207 Payment arrangements (opens in a new tab) Regulated
  • Pay VAT and make interim payments as requiredTaxable Person
s.208 Payment arrangements (opens in a new tab) Regulated
  • Pay VAT when submitting your VAT returnTaxable Person
s.209 Payment arrangements (opens in a new tab) Regulated
  • Pay VAT when submitting your VAT returnTaxable Person
s.210 Payment arrangements (opens in a new tab) Regulated
  • Pay VAT when submitting your VAT returnTaxable Person
s.211 Payment arrangements (opens in a new tab) Regulated
  • Pay VAT when submitting your VAT returnTaxable Person
s.212 Payment arrangements (opens in a new tab) Regulated
  • Pay VAT when submitting your VAT returnTaxable Person
s.218 Concept of invoice (opens in a new tab) Regulated
  • Ensure invoices and credit notes meet legal format requirementsTrader
s.220 Issue of invoices (opens in a new tab) Regulated
  • Issue valid VAT invoices for business suppliesTaxable Person
s.221 Issue of invoices (opens in a new tab) Regulated
  • Issue VAT invoices for business supplies and exportsTaxable Person
s.222 Issue of invoices (opens in a new tab) Regulated
  • Issue VAT invoices within specific time limitsTaxable Person
s.223 Issue of invoices (opens in a new tab) Regulated
  • Issue VAT invoices for business supplies and exportsTaxable Person
s.224 Issue of invoices (opens in a new tab) Regulated
  • Issue VAT invoices for business-to-business suppliesTaxable Person
s.225 Issue of invoices (opens in a new tab) Regulated
  • Issue VAT invoices for business supplies and specific transactionsTaxable Person
s.232 Paper invoices and electronic invoices (opens in a new tab) Regulated
  • Ensure authenticity, integrity, and legibility of all VAT invoicesTaxable Person
s.233 Paper invoices and electronic invoices (opens in a new tab) Regulated
  • Ensure authenticity, integrity, and legibility of all VAT invoicesTaxable Person
s.242 General obligations (opens in a new tab) Regulated
  • Keep detailed VAT accounts and registers for cross-border goodsTaxable Person
s.243 General obligations (opens in a new tab) Regulated
  • Keep detailed VAT accounts and registers for cross-border goodsTaxable Person
s.244 Specific obligations relating to the storage of all invoices (opens in a new tab) Regulated
  • Ensure all sales and purchase invoices are storedTaxable Person
s.245 Specific obligations relating to the storage of all invoices (opens in a new tab) Regulated
  • Store all sales and purchase invoicesTaxable Person
s.246 Specific obligations relating to the storage of all invoices (opens in a new tab) Regulated
  • Store all sales and purchase invoicesTaxable Person
s.247 Specific obligations relating to the storage of all invoices (opens in a new tab) Prosecution
  • Store all sales and purchase invoicesTaxable Person

Unlimited fine

s.248 Specific obligations relating to the storage of all invoices (opens in a new tab) Regulated
  • Keep and store all sales and purchase invoicesTaxable Person
s.250 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.251 Returns (opens in a new tab) Regulated
  • Submit VAT returns with specific transaction detailsTaxable Person
s.252 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.253 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.254 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.255 Returns (opens in a new tab) Prosecution
  • Submit regular VAT returns to HMRCTaxable Person

Fine up to £1,200

s.256 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.257 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns with required transaction detailsTaxable Person
s.258 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns with required transaction detailsTaxable Person
s.259 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.260 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.261 Returns (opens in a new tab) Regulated
  • Submit regular VAT returns to HMRCTaxable Person
s.262 Recapitulative statements (opens in a new tab) Regulated
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person
s.263 Recapitulative statements (opens in a new tab) Regulated
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person
s.264 Recapitulative statements (opens in a new tab) Regulated
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person
s.265 Recapitulative statements (opens in a new tab) Regulated
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person
s.266 Recapitulative statements (opens in a new tab) Prosecution
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person

Unlimited fine

s.267 Recapitulative statements (opens in a new tab) Regulated
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person
s.268 Recapitulative statements (opens in a new tab) Regulated
  • Submit recapitulative statements (EC Sales Lists) for cross-border suppliesTaxable Person
s.269 Recapitulative statements (opens in a new tab) Regulated
  • Submit EC Sales Lists (recapitulative statements) for EU tradeTaxable Person
s.293 Reporting and review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • European Commission must review and propose improvements to small business VATCrown / Minister / Government department
s.295 Common flat-rate scheme for farmers (opens in a new tab) Regulated
  • Decide whether to join the Agricultural Flat-Rate VAT SchemeFarmer or Animal Keeper
s.296 Common flat-rate scheme for farmers (opens in a new tab) Regulated
  • Opt in or out of the Agricultural Flat-Rate VAT SchemeFarmer or Animal Keeper
s.297 Common flat-rate scheme for farmers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must fix and notify flat-rate compensation percentages for farmersStatutory regulator
s.298 Common flat-rate scheme for farmers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CROWN must calculate VAT flat-rate compensation using specific statisticsCrown / Minister / Government department
s.299 Common flat-rate scheme for farmers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must ensure farmers do not receive excessive VAT refundsStatutory regulator
s.300 Common flat-rate scheme for farmers (opens in a new tab) Regulated
  • Apply for the Agricultural Flat Rate Scheme to simplify VATFarmer or Animal Keeper
s.301 Common flat-rate scheme for farmers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must verify VAT flat-rate compensation payments to farmersStatutory regulator
s.302 Common flat-rate scheme for farmers (opens in a new tab) Regulated
  • You cannot deduct VAT if you are using the flat-rate farmer schemeFarmer or Animal Keeper
s.303 Common flat-rate scheme for farmers (opens in a new tab) Regulated
  • Duct VAT compensation paid by customers of agricultural flat-rate farmersTrader
s.304 Common flat-rate scheme for farmers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must verify VAT flat-rate compensation payments to farmersStatutory regulator
s.305 Common flat-rate scheme for farmers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HMRC must ensure consistent VAT treatment for agricultural tradeStatutory regulator
s.311 Definitions (opens in a new tab) Regulated
  • Structure auction contracts to meet specific VAT margin scheme definitionsTrader
s.348 Taxation option (opens in a new tab) Regulated
  • You may opt to charge VAT on investment gold suppliesTaxable Person
s.351 Taxation option (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Establish and communicate rules for taxing investment goldCrown / Minister / Government department
s.354 Special rights and obligations for traders in investment gold (opens in a new tab) Regulated
  • Keep records of substantial investment gold transactions for five yearsTrader
s.355 Special rights and obligations for traders in investment gold (opens in a new tab) Regulated
  • Keep records of investment gold transactions and customer identitiesTrader
s.356 Special rights and obligations for traders in investment gold (opens in a new tab) Regulated
  • Keep records of investment gold transactions and customer identitiesTrader
s.397 Implementing measures (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Council of the EU must adopt measures to implement the VAT DirectiveCrown / Minister / Government department
s.403 Transitional arrangements for the taxation of trade between Member States (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • The Council must adopt definitive VAT arrangements for EU tradeCrown / Minister / Government department
s.art171 Member States may, instead of granting a refund of VAT...

amended 3 times

s.art192 For the purposes of this Section, a taxable person who...

amended 1 time

s.art199 (1) A Member State may, in cases of imperative urgency...

amended 17 times

s.art199 (1) By way of derogation from Article 193, a Member...

amended 17 times

s.art219 (1) Invoicing shall be subject to the rules applying in...

amended 1 time

s.art220 Issue of invoices Regulated
  • Issue valid VAT invoices and follow specific billing timelinesTaxable Person

amended 3 times

s.art226 Where the invoice is issued by a taxable person, who...

amended 8 times

s.art358 For the purposes of this Section, and without prejudice to...

amended 6 times

s.art369 Special scheme for telecommunications, broadcasting or electronic services supplied by taxable persons established within the Community but not in the Member State of consumption Regulated
  • Register and file quarterly VAT returns for digital services (MOSS)Taxable Person

amended 1 time

s.art369 Member States shall permit any taxable person not established in...

amended 1 time

s.art369 The taxable person not established in the Member State of...

amended 1 time

s.art369 A taxable person making use of this special scheme shall,...

amended 1 time

s.art369 The Member State of identification shall exclude the taxable person...

amended 1 time

s.art369 The taxable person not established in the Member State of...

amended 1 time

s.art369 The VAT return shall show the identification number referred to...

amended 1 time

s.art369 (1) The VAT return shall be made out in euro....

amended 1 time

s.art369 The taxable person not established in the Member State of...

amended 1 time

s.art369 The taxable person not established in the Member State of...

amended 1 time

s.art369 (1) The taxable person not established in the Member State...

amended 1 time

s.art390 Bulgaria may, in accordance with the conditions applying in that...

amended 1 time

s.art390 Romania may, in accordance with the conditions applying in that...

amended 1 time

377 other provisions — procedural and definitional
s.annex iii para.1 Foodstuffs (including beverages but excluding alcoholic beverages) for human and...
s.annex ii para.1 Website supply, web-hosting, distance maintenance of programmes and equipment; supply...
s.annex i para.1 Telecommunications services; supply of water, gas, electricity and thermal energy;...
s.annex viii para.1 Field work, reaping and mowing, threshing, baling, collecting, harvesting, sowing...
s.annex vii para.1 Crop production: general agriculture, including viticulture; growing of fruit (including...
s.annex vi para.1 Supply of ferrous and non ferrous waste, scrap, and used...
s.art030 For the purposes of this Directive, the following definitions shall...
s.art059 In order to prevent double taxation, non-taxation or distortion of...
s.art168 (1) In the case of immovable property forming part of...
s.art410 By 31 December 2022 at the latest, the Commission shall,...
s.categories of goods covered by warehousing arrange CATEGORIES OF GOODS COVERED BY WAREHOUSING ARRANGEMENTS OTHER THAN CUSTOMS WAREHOUSING AS PROVIDED FOR UNDER ARTICLE 160(2)
s.content of invoices Content of invoices
s.correlation table CORRELATION TABLE
s.derogations for states which acceded to the commun Derogations for States which acceded to the Community after 1 January 1978
s.indicative list of the agricultural services refer INDICATIVE LIST OF THE AGRICULTURAL SERVICES REFERRED TO IN POINT (5) OF ARTICLE 295(1)
s.indicative list of the electronically supplied ser INDICATIVE LIST OF THE ELECTRONICALLY SUPPLIED SERVICES REFERRED TO IN POINT (C) OF THE FIRST PARAGRAPH OF ARTICLE 58
s.list of supplies of goods and services as referred LIST OF SUPPLIES OF GOODS AND SERVICES AS REFERRED TO IN POINT (D) OF ARTICLE 199(1)
s.list of supplies of goods and services to which th LIST OF SUPPLIES OF GOODS AND SERVICES TO WHICH THE REDUCED RATES REFERRED TO IN ARTICLE 98 MAY BE APPLIED
s.list of the activities referred to in the third su LIST OF THE ACTIVITIES REFERRED TO IN THE THIRD SUBPARAGRAPH OF ARTICLE 13(1)
s.list of the agricultural production activities ref LIST OF THE AGRICULTURAL PRODUCTION ACTIVITIES REFERRED TO IN POINT (4) OF ARTICLE 295(1)
s.list of the services referred to in article 106 LIST OF THE SERVICES REFERRED TO IN ARTICLE 106
s.list of transactions covered by the derogations re LIST OF TRANSACTIONS COVERED BY THE DEROGATIONS REFERRED TO IN ARTICLES 370 AND 371 AND ARTICLES 375 TO 390c
s.origin and scope of right of deduction Origin and scope of right of deduction
s.particular provisions Particular provisions
s.persons liable for payment of vat to the tax autho Persons liable for payment of VAT to the tax authorities
s.prevention of double taxation or non-taxation Prevention of double taxation or non-taxation
s.provisions common to chapters 1 and 3 Provisions common to Chapters 1 and 3
s.repealed directives with their successive amendmen Repealed Directives with their successive amendments
s.right of access to invoices stored by electronic m Right of access to invoices stored by electronic means in another Member State
s.supply of goods supply of goods
s.supply of goods or services Supply of goods or services
s.supply of goods with transport Supply of goods with transport
s.temporary provisions Temporary provisions
s.transitional measures for the application of new l Transitional measures for the application of new legislation
s.works of art, collectors' items and antiques, as r WORKS OF ART, COLLECTORS' ITEMS AND ANTIQUES, AS REFERRED TO IN POINTS (2), (3) AND (4) OF ARTICLE 311(1)

Help complying

Guvnor’s practical routes through this instrument.

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.