S.I. No. 177/1972 - Value-Added Tax Regulations, 1972

Type Statutory Instrument
Publication 1972-08-04
Last updated 1979-02-27
State Repealed superseded text
Text As published
articles 26

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 1979-02-27, S.I. No. 63/1979 - Value-Added Tax Regulations, 1979

Reform history JSON API

S.I. No. 177 of 1972.

VALUE-ADDED TAX REGULATIONS, 1972.

ARRANGEMENT OF REGULATIONS.

Regulation.

1. Short title and commencement.

2. Interpretation.

3. Election for accountability.

4. Waiver of exemption.

5. Treatment of two or more accountable persons as a single accountable person.

6. Registration and cancellation thereof.

7. Accounting on basis of moneys received.

8. Adjustments for returned goods, discounts and price alterations.

9. Accounts.

10. Invoices, credit notes and debit notes.

11. Time limits for issuing certain documents.

12. Returns.

13. Acceptance of estimates.

14. Estimation of tax due.

15. Modification of certain provisions.

16. Apportionment of amounts.

17. Refund of tax.

18. Remission of small amounts of tax.

19. Treatment of dealers in livestock.

20. Valuation of interests in immovable goods.

21. Procedures regarding dances.

22. Relief for stock-in-trade held on 1st November, 1972.

23. Disclosure of information to the Revenue Commisssioners.

24. Death or incapacity of accountable person.

25. Service of notices.

26. Nomination of officers.

S.I. No. 177 of 1972.

VALUE-ADDED TAX REGULATIONS, 1972.

The Revenue Commissioners, in exercise of the powers conferred on them by section 32 of the Value-added Tax Act, 1972 , (No. 22 of 1972), hereby make the following regulations :

1 Short title and commencement

1.

1. (1) These Regulations may be cited as the Value-added Tax Regulations, 1972.

2 Interpretation.

2.

2. (1) In these Regulations—

" the Act " means the Value-added Tax Act, 1972 ;

" taxable turnover ", in relation to any period, means the total of the amounts on which tax is chargeable for that period at any of the rates specified in section 11 (1) of the Act;

" turnover ", in relation to any period, means the amount on which tax would be chargeable for that period in accordance with section 10 of the Act if section 6 of the Act were disregarded.

unless it is indicated that reference to some other provision is intended.

3 Election for accountability.

3.

3. (1) A person who, in accordance with section 8 (3) of the Act, is not an accountable person but who desires to elect to be such a person shall furnish to the Collector-General the particulars for registration specified in Regulation 6.

4 Waiver of exemption.

4.

4. (1) A person who, in accordance with section 7 (1) of the Act, desires to waive his right to have the rendering by him of the services specified in paragraph (iv) or (x) of the First Schedule to the Act regarded as exempted activities shall furnish the following particulars in writing to the Collector-General—

5 Treatment of two or more accountable persons as a single accountable person.

5.

5. (1) If two or more accountable persons desire that all the business activities carried on by each of them shall, in accordance with section 8 (9) of the Act, be deemed, for the purposes of the Act, to be carried on by any one of those persons, each of them shall furnish the following particulars in writing to the Revenue Commissioners :—

and shall notify each of the persons concerned in writing of the matters so determined.

6 Registration.

6.

6. (1) The particulars for the purposes of registration to be furnished by an accountable person or by a person who in accordance with section 8 (3) of the Act desires to elect to be an accountable person shall be :

7 Accounting on basis of moneys received.

7.

7. (1) A person who desires that, in accordance with section 14 (1) (a) of the Act, the moneys which he receives in respect of the delivery of taxable goods or the rendering of taxable services should be treated, for the purposes of section 10 (1) of the Act, as the consideration for such delivery or rendering shall give notice in writing to the Revenue Commissioners of his desire that the moneys should be so treated and shall at the same time, unless he has already done so, furnish the following particulars to the Revenue Commissioners—

whichever period is the shortest ;

8 Adjustments for returned goods, discounts, and price alterations.

8.

8. (1) Where, in a case in which section 10 (3) (c) of the Act applies and section 17 (9) of the Act does not apply, by reason of the return of goods, the allowance of discount, a reduction in price or the default of a debtor, the consideration exclusive of tax actually received by an accountable person in respect of the delivery by him of any goods or the rendering by him of any services is less than the amount on which tax has become chargeable in respect of such delivery or rendering, or no consideration is actually received, the following provisions shall apply :

Provided that if the sum of the deficiencies as ascertained in accordance with subparagraph (b) in relation to tax chargeable at any of the rates so specified exceeds the amount on which but for this Regulation tax would be chargeable at that rate, or no tax is chargeable at that rate, the tax appropriate to the excess or to the deficiency, as the case may be, shall be treated as tax deductible in accordance with section 12 of the Act,

9 Accounts.

9.

9. (1) Every accountable person shall keep full and true accounts entered up to date of—

10 Invoices and other documents.

10.

10. (1) (a) Every invoice issued by an accountable person in accordance with section 17 (1) of the Act shall set out the following particulars

11 Time limits for issuing certain documents.

11.

11. (1) An invoice required, in accordance with section 17 (1) of the Act, to be issued by one accountable person to another accountable person in respect of the delivery of any goods or the rendering of any services shall be issued by the first-mentioned accountable person to the second-mentioned accountable person within ten days next following the month during which the said goods were delivered or the said services were rendered.

12 Returns.

12.

12. (1) The return which an accountable person is required in accordance with section 19 (3) of the Act to furnish to the Collector-General shall contain such of the following particulars as are relevant to his circumstances—

separate totals of the consideration and the tax chargeable thereon being given for each of the said rates of tax.

and, in addition—

13 Acceptance of estimates.

13.

13. (1) The Revenue Commissioners may, if they so think proper and until they otherwise decide, accept estimates, based on procedures approved by them, of the tax for any taxable period which a person is required to pay by reference to a return furnished in accordance with section 19 (3) of the Act, and may impose upon any such acceptance the condition (which shall be fulfilled by the person) that the person shall, within such period as may be specified, furnish a return in accordance with the said section 19 (3) or furnish such further particulars as may be specified to enable the estimates to be reviewed.

14 Estimation of tax due.

14.

14. (1) An estimation of tax due for a taxable period or other period consisting of two or more taxable periods may be made for the purposes of section 22 or 23 of the Act by an officer of the Revenue Commissioners authorised by them in that behalf who shall sign a list containing the relevant particulars of the persons to whom the estimates relate and enter on the list the date of such signing and the list shall be retained by the Revenue Commissioners for a period of not less than ten years from the date of such signing.

and

15 Modification of certain provisions.

15.

15. (1) Section 480 of the Income Tax Act, 1967 (No. 6 of 1967), as applied by section 24 of the Act shall so apply subject to the following modifications :

16 Apportionment of amounts.

16.

16. (1) Where, in relation to the computation of the tax payable by an accountable person in respect of any taxable period, it is necessary to apportion an amount of tax between tax which may be deducted under section 12 (1) of the Act and tax which may not be deducted under that section, the apportionment shall be made on the basis of the ratio which the amount of the taxable turnover in the taxable period in question bears to the total turnover in that period, and the amount so ascertained which is referable to the amount of the taxable turnover shall be the amount deductible under the said section 12 (1).

17 Refund of tax.

17.

17. A claim for a refund of tax shall be furnished in writing to the Revenue Commissioners and shall—

18 Remission of small amounts of tax.

18.

18. The Revenue Commissioners may, at their discretion, remit the amount of tax, together with interest thereon, payable by a person in respect of goods delivered and services rendered by him during any taxable period, provided the total amount of the tax, exclusive of any interest chargeable thereon does not exceed £5.

19 Treatment of dealers in livestock.

19.

19. (1) A dealer in livestock who undertakes in writing to fulfil the conditions set out in paragraph (3) may, by notice in writing addressed to the Revenue Commissioners, elect to be treated for the purposes of tax in relation to livestock delivered to him and livestock delivered by him in accordance with the special arrangements set out in paragraph (2), and if and so long as the election has effect he shall be so treated.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.