
1 
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) (No 2) Order 1995 and shall come into force on 1st June 1995.
2 
The Value Added Tax (Input Tax) Order 1992 shall be amended in accordance with the following articles.
3 
In article 2—
(a) the definitions of “caravan”, “firearms”, “motorcycle”, “works of art”, “antiques” and “collectors' pieces” shall be omitted;
(b) after the definition of the “the Manx Act” there shall be inserted—““antiques” means objects other than works of art or collectors' items, which are more than 100 years old;“collectors' items” means the following goods—postage or revenue stamps, postmarks, first-day covers, pre-stamped stationery and the like, franked, or if unfranked not being of legal tender and not being intended for use as legal tender.collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest;”
(c) after the definition of “printed matter” there shall be inserted—““Second-hand goods” means tangible moveable property (including motor cars) that is suitable for further use as it is or after repair other than works of art, collectors' items or antiques and other than precious metals and precious stones;“works of art” means the following goods—pictures, collages and similar decorative plaques, paintings and drawings, executed entirely by hand by the artist, other than plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, hand-decorated manufactured articles, theatrical scenery, studio back cloths or the like of painted canvas,original engravings, prints and lithographs, being impressions produced in limited numbers directly in black and white or in colour of one or of several plates executed entirely by hand by the artist irrespective of the process or of the material employed by him, but not including any mechanical or photomechanical process,original sculptures and statuary, in any material, provided that they are executed entirely by the artist; sculpture casts the production of which is limited to eight copies (or, in relation to statuary casts produced before 1st January 1989, such greater number of copies as the Commissioners of Customs and Excise may in any particular case allow) and supervised by the artist or his successors in title;tapestries and wall textiles made by hand from original designs provided by artists, provided that there are not more than eight copies of each,individual pieces of ceramics executed entirely by the artist and signed by him,enamels on copper, executed entirely by hand, limited to eight numbered copies bearing the signature of the artist or the studio, excluding articles of jewellery and goldsmiths' and silversmiths' wares,photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included;”
4 
For article 4 there shall be substituted—“
4 

(1) Subject to paragraph (4) below, tax charged on the—
(a) supply;
(b) acquisition from another member State; or
(c) importation,
of any goods such as are described in paragraph (2) below which are supplied to, or acquired from another member State or imported by, a taxable person in the circumstances described in paragraph (3) below shall be excluded from any credit under section 25 of the Act;
(2) The goods referred to in paragraph (1) above are—
(a) works of art, antiques and collectors' items
(b) second-hand goods;
(3) The circumstances of the supply, acquisition from another member State or importation referred to in paragraph (1) above are—
(a) a supply on which, by virtue of an Order made under Section 50A of the Act or a corresponding provision of the Manx Act or by virtue of a corresponding provision of the law of another member State, VAT was chargeable on the profit margin;
(b) (if the goods are a work of art, an antique or a collectors' item) the taxable person imported it himself;
(c) (if the goods are a work of art) it was supplied to the taxable person by, or acquired from another member State by him from its creator or his successor in title;
(4) Paragraph (1) above shall only apply to exclude from credit, tax chargeable on a supply of goods to or an acquisition or importation of goods by a taxable person in the circumstances set out in paragraph (3)(b) and (c) above if the taxable person—
(a) has opted to account for VAT chargeable on his supplies of such goods on the profit margin and
(b) has not elected to account for VAT chargeable on his supply of the goods by reference to its value, in accordance with the provisions of an Order made under section 50A of the Act.”
Derek Conway
Andrew McKay
Two of the Lord Commissioners of Her Majesty’s Treasury
10th May 1995