Content Headings

Key Issues

Example clauses

Notes and References

VAT

Alternative 1

All amounts stated to be payable by either party under this Agreement shall be exclusive of any VAT properly chargeable on any amount.

See SOPC Section 11.4.

Alternative 1 adapted from Department of Health (UK), Standard Form Project Agreement Index reference A1 Folder 1.

Alternative 2

(a)  All amounts due under this Contract are exclusive of VAT.

(b)  If any supply made or referred to in this Contract is or becomes chargeable to VAT then

the person receiving the supply (the "Recipient") shall in addition pay the person making the supply (the "Supplier") the amount of that VAT against receipt by the Recipient from the Supplier of a proper VAT invoice in respect of that supply 

Where under this Contract any amount is calculated by reference to any sum which has or may be incurred by any person, the amount shall include any VAT in respect of that amount only to the extent that such VAT is not recoverable as input tax by that person (or a member of the same VAT group), whether by set-off or repayment).

The Concessionaire shall provide the Authority with any information reasonably requested by the Authority in relation to the amount of VAT chargeable in accordance with the Contract and payable by the Authority to the Concessionaire.

Alternative 2 adapted from Office of Government Commerce, UK, Standardisation of PFI Contracts - General, index reference C1, folder 5.