On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 31/07/2001.
12.
—(1) If, before the time applicable under section 11(2) or (3), the person making the supply issues a tax invoice in respect of it or if, before the time applicable under section 11(2)(a) or (b) or section 11(3), he receives a payment in respect of it, the supply shall, to the extent covered by the invoice or payment, be treated as taking place at the time the invoice is issued or the payment is received, as the case may be, or whichever is the earlier.
(2) If, within 14 days after the time applicable under section 11(2) or (3), the person making the supply issues a tax invoice in respect of it, then, unless he has notified the Comptroller in writing that he elects not to avail himself of this subsection, the supply shall (to the extent that it is not treated as taking place at the time mentioned in subsection (1)) be treated as taking place at the time the invoice is issued.
(3) The Comptroller may, at the request of a taxable person, direct that subsection (2) shall apply in relation to supplies made by him (or such supplies made by him as may be specified in the direction) as if for the period of 14 days there were substituted such longer period as may be specified in the direction.
(4) Where a taxable person provides a document to himself which —
(a)
purports to be a tax invoice in respect of a supply of goods or services to him by another taxable person; and
(b)
is in accordance with regulations made under section 41 and the Comptroller has approved that it be treated as the tax invoice required by the regulations to be provided by the supplier, subsections (2) and (3) shall have effect in relation to that supply as if —
(i)
the provision of the document to himself by the first-mentioned taxable person were the issue by the supplier of a tax invoice in respect of the supply; and
(ii)
any notice of election given or request made by the first-mentioned taxable person for the purposes of those provisions had been given or made by the supplier.
(5) The Comptroller may, at the request of a taxable person, by direction in writing alter the time at which supplies made by him (or such supplies made by him as may be specified in the direction) are to be treated as taking place, either —
(a)
by directing those supplies to be treated as taking place —
(i)
at times or on dates determined by or by reference to the occurrence of some event described in the direction; or
(ii)
at times or on dates determined by or by reference to the time when some event so described would in the ordinary course of events occur,
the resulting times or dates being in every case earlier than would otherwise apply; or
(b)
by directing that, notwithstanding subsections (2) and (3), those supplies shall (to the extent that they are not treated as taking place at the time mentioned in subsection (1)) be treated as taking place —
(i)
at the beginning of the relevant working period (as defined in his case in and for the purposes of the direction); or
(ii)
at the end of the relevant working period (as so defined).
(6) Where there is a supply of goods by virtue only of a transfer or disposal of assets under paragraph 5(1) of the Second Schedule, the supply is treated as taking place when the goods are transferred or disposed of as mentioned in that paragraph.
(7) Where there is a supply of services by virtue only of paragraph 5(3) of the Second Schedule, the supply is treated as taking place when the goods are appropriated to the use mentioned in that paragraph.
(8) The Minister may by regulations make provision with respect to the time at which (notwithstanding subsections (1) to (3), (6) and (7) and sections 11 and 38(4)) a supply is to be treated as taking place in cases where —
(a)
it is a supply of goods or services for a consideration the whole or part of which is determined or payable periodically, or from time to time, or at the end of any period;
(b)
it is a supply of goods for a consideration the whole or part of which is determined at the time when the goods are appropriated for any purpose;
(c)
there is a supply of services by virtue of paragraph 5(3) of the Second Schedule; or
(d)
(9) For any case referred to in subsection (8), the regulations may provide for goods or services to be treated as separately and successively supplied at prescribed times or intervals.
(10) In this section, “tax invoice” means such an invoice as is required under section 41(1) or would be so required if the person to whom the supply is made were a taxable person.