S.I. No. 548/2006 - Value-Added Tax Regulations 2006

REGULATIONS

ENTITLED

VALUE-ADDED TAX REGULATIONS 2006

( S.I. No. 548 of 2006 )

Made by the Revenue Commissioners

VALUE-ADDED TAX REGULATIONS 2006

Commencement and Interpretation

1	Citation and commencement
2	Interpretation

taxable person

3	Election to be a taxable person and cancellation of such election
4	Waiver of exemption
5	Lettings in the short-term guest sector or holiday sector
6	Groups
7	Registration

Record keeping

8	Accounts
9	Invoices and other documents
10	Electronic invoicing
11	Invoicing provisions for flat-rate farmers
12	Time limits for issuing invoices and credit notes
13	Returns
14	Statement of intra-Community supplies

Tax due and payable

15	Determination of tax due by reference to moneys received
16	Adjustments for returned goods, discounts, and price alterations
17	Estimates and assessments
18	Apportionment
19	Valuation of interests in immovable goods
20	Stamps, coupons, tokens and vouchers
21	Apportionment of consideration

Refunds, remissions and relief

22	Refund of tax
23	Refund to foreign traders
24	Remission of small amounts of tax
25	Remission or repayment of tax on fishing vessels and equipment
26	Relief for stock-in-trade held at commencement of taxability
27	Exemption of certain business gifts

Special schemes

28	Investment gold - records of transactions
29	Investment gold - waiver of exemption
30	Investment gold - refunds of tax
31	Special scheme for means of transport
32	Antique furniture, silver, glass and porcelain
33	Retail Export Scheme

Miscellaneous supplies

34	Supply of certain services
35	Free ports
36	Intra-community acquisitions - certain new means of transport
37	Imported goods
38	Supplies for onboard consumption

Administration and general

39	Determination in regard to tax
40	Disclosure of information to the Revenue Commissioners
41	Death, bankruptcy or liquidation
42	Service of notices
43	Nomination of officers
44	Revocation

VALUE-ADDED TAX REGULATIONS 2006

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), and as respects Regulations 5, 25, 31, 32, 33, 35 and 37 with the consent of the Minister for Finance, hereby make the following regulations:

Commencement and interpretation

Citation and commencement

1.

• (2) These Regulations come into operation on 1 November 2006.

Interpretation

2.

“Act” means the Value-Added Tax Act 1972 ;

“registration number”, in relation to a person, means the number assigned to the person for the purposes of registration under section 9 of the Act;

“Sixth Council Directive” means the Sixth Council Directive of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (77/388/EEC)¹ ,

“value-added tax identification number in another Member State” means the identification number issued to a person by the authorities of another Member State for the purposes of value-added tax referred to in the Sixth Council Directive.

Taxable person

Election to be a taxable person and cancellation of such election

3.

“application form” means such form as is provided by the Revenue Commissioners for the purpose of enabling a person to apply to elect to be a taxable person;

“end-date” means the last day of the taxable period immediately preceding the request period;

“relevant taxable periods” means the taxable periods comprised in whichever of the periods referred to in paragraph (5)(b)(i) is appropriate;

“request period” means the taxable period during which a person notifies the Revenue Commissioners that he or she requests the cancellation of an election;

“start-date” means—

• (a) (i) in the case of a taxable person referred to in paragraph (4)(b), the date that person was first treated as a taxable person, or

• (ii) in any other case, the beginning of the taxable period immediately following the taxable period during which the application form is received by the Revenue Commissioners, or

• (b) by agreement between the person concerned and the Revenue Commissioners, the beginning of the taxable period during which the application form is received.

• (2) A person who, in accordance with section 8(3) of the Act, is not a taxable person but who wishes to elect to be such a person is required to register for tax by completing the application form.

• (3) The submission of the application form referred to in paragraph (2) constitutes an election to be a taxable person. Such election is effective from the start-date until the date the election is cancelled in accordance with paragraph (7).

• (4)
• (a) A person who is a taxable person by reason only of an election made in accordance with paragraphs (2) and (3) is entitled to have such election cancelled, subject to fulfilling the requirements of paragraph (5).

• (b) A taxable person who satisfies the Revenue Commissioners that in accordance with section 8(6) of the Act he or she may be treated as a person who is not a taxable person, is entitled to have his or her registration as a taxable person cancelled subject to fulfilling the requirements of paragraph (5), and for the purposes of this Regulation such a request shall be treated as if it were a request to have an election cancelled.

• (5) The person who wishes to have his or her election cancelled is required to—

• (a) apply to the Revenue Commissioners in writing to have his or her election cancelled,

• (b) furnish particulars to the Revenue Commissioners of—

• (i) the total amount of tax paid by him or her in accordance with section 19(3) of the Act on the supply by him or her of goods or services, other than services consisting of the letting of immovable goods referred to in paragraph (xiii) of the Sixth Schedule to the Act, in respect of whichever of the following periods is the shorter:

• (I) all the taxable periods comprised in the period commencing with the start-date and ending with the end-date, or

• (II) the 18 consecutive taxable periods up to the end-date,

• (ii) the total amount of tax refunded to him or her in accordance with section 20(1) of the Act in respect of tax borne or paid in relation to the supply by him or her of goods or services, other than services consisting of the letting of immovable goods referred to in paragraph (xiii) of the Sixth Schedule to the Act, in respect of the relevant taxable periods, and

• (iii) the tax deductible under section 12 of the Act in respect of the intra-Community acquisition of goods, if any, made by him or her in the same relevant taxable periods,

and

• (c) furnish a return in accordance with section 19(3) of the Act for the request period, and at the same time pay to the Collector-General—

• (i) any tax payable in respect of goods and services supplied by him or her during the request period, and

• (ii) an amount equal to the excess (if any) of the sum of the tax referred to in clause (ii) and (iii) of subparagraph (b) over the tax referred to in clause (i) of that subparagraph;

but if that person supplied qualifying goods and services in accordance with section 13A of the Act during the relevant taxable periods, he or she may include in the amount referred to in subparagraph (b)(i) the tax that would have been chargeable had the supplies not been zero-rated under that section.

• (6) Where a person who supplies services consisting of the letting of immovable goods referred to in paragraph (xiii) of the Sixth Schedule to the Act wishes to have his or her election cancelled, he or she is required to—

• (a) apply to the Revenue Commissioners in writing to have his or her election cancelled, and

• (b) furnish a return in accordance with section 19(3) of the Act and at the same time pay to the Collector-General—

• (i) any tax payable in respect of those services supplied during the request period, and

• (ii) the cancellation amount provided for in section 8(5A) of the Act as if it were tax due in accordance with section 19 of the Act in addition to any amount payable in accordance with section 8(5) of the Act.

• (7) Where the Revenue Commissioners are satisfied that the requirements of paragraph (5) and, where appropriate, paragraph (6) are fulfilled by the person concerned, they shall—

• (a) in writing notify that person accordingly, and

• (b) cancel that person's election to be a taxable person with effect from the end of the taxable period during which those requirements have been fulfilled.

• (8) A person who requests the cancellation of his or her election to be a taxable person is not entitled, under section 20(1) of the Act, to any refund of tax, other than a refund referable solely to an error or mistake made by him or her, for the request period or any subsequent taxable periods in excess of an amount calculated in accordance with the following formula:

A + B

where—

A is the excess of the amount referred to in clause (i) of paragraph (5)(b) over the sum of the amounts referred to in clause (ii) and (iii) of that paragraph, but where there is no such excess A is equal to zero, and

B is the sum of the amounts of tax paid under section 19(3) of the Act for the request period and any subsequent taxable periods until the election is cancelled.

• (9) In the case of a farmer who, had he or she made no election to be a taxable person, would not be a taxable person by virtue of section 8(3)(a) of the Act, paragraph (5)(b)(i) applies as if—

• (a) the amount of tax paid by him or her in accordance with section 19(3) of the Act in respect of each of the relevant taxable periods were increased by an amount equal to the flat-rate addition, which that farmer would be required (in accordance with section 12A of the Act) to indicate on an invoice in respect of the supply of agricultural produce or of an agricultural service if that farmer had not elected to be a taxable person, and

• (b) the total amount of tax refunded to him or her in respect of all the relevant taxable periods comprised in the period included in the calculation in clause (i) were reduced by the total amount of tax which qualified for deduction under section 12 of the Act in respect of those taxable periods and which, in accordance with any order made under section 20(3) of the Act, would fall to be refunded to him or her if he or she were not a taxable person.

Waiver of exemption

4.

“back-dating” in relation to a waiver, means the waiving of a right to exemption from tax in respect of an exempt letting of immovable goods to which paragraph (iv) of the First Schedule to the Act refers, from a date earlier than the current taxable period referred to in paragraph (2)(c), and “back-dated” shall be construed accordingly;

“cancellation request period” means the taxable period during which a request for the cancellation of a waiver of exemption is made in accordance with paragraph (10);

“specified letting” means an exempt letting of immovable goods to which paragraph (iv) of the First Schedule to the Act applies other than a letting of immovable goods to which paragraph (iv) of the First Schedule to the Act applies by virtue of section 4(3A)(a)(ii) of the Act;

“waiver” means the waiver by a person of his or her right to exemption from tax on a specified letting.

• (2) A person who, in accordance with section 7(1) of the Act wishes to waive his or her right to exemption from tax on the supply of a specified letting, is required to furnish in writing to the Revenue Commissioners the following particulars—

• (a) his or her name and address,

• (b) his or her registration number (if any), and

• (c) the taxable period, from the commencement of which he or she desires that the waiver should have effect, not being earlier than the current taxable period.

• (3) When the Revenue Commissioners receive the particulars referred to in paragraph (2) they shall—

• (a) acknowledge receipt of them to the person concerned, and

• (b) specify the taxable period (in this Regulation referred to as the “start period”) not being earlier than the taxable period referred to in paragraph (2)(c), from the commencement of which the waiver of exemption has effect,

and, accordingly, the Act applies to that person in respect of all specified lettings which that person supplies as if those lettings were not an exempt activity, from the start period until his or her waiver is cancelled in accordance with paragraph (11).

• (4) Where—

• (a) a taxable person makes a specified letting, and

• (b) the immovable goods which are the subject of that letting were acquired or developed by him or her for the purpose of his or her taxable supplies,

then, notwithstanding paragraph (3), that person may apply to the Revenue Commissioners to backdate the waiver of his or her right to exemption in respect of that letting.

• (5) An application under paragraph (4) is required to be made in writing to the Revenue Commissioners and to include the following:

• (a) the name, address and registration number of the taxable person making the application,

• (b) the tenant's name, address and registration number,

• (c) details of the letting agreement, and

• (d) the date from which the taxable person desires that the waiver shall have effect.

• (6) A waiver of exemption shall be backdated only where the tenant would have been entitled to deduct, in accordance with section 12 of the Act, all the tax that would have been chargeable in respect of the letting if the waiver had applied from the date specified in accordance with paragraph (7) to the date on which the Revenue Commissioners issue the notification referred to in paragraph (7).

• (7) Where the Revenue Commissioners are satisfied that an applicant has complied with paragraph (5) and that paragraph (6) applies, then they shall notify the applicant that the waiver may be back-dated in respect of the letting for which back-dating of a waiver was sought specifying the date to which the waiver is to be back-dated being a date not earlier than 26 March 1997.

• (8) Where the Revenue Commissioners backdate a waiver at the request of the applicant in respect of a specific letting, that applicant shall be deemed to have waived his or her right to exemption in respect of all his or her specified lettings from the start of the taxable period in which the Revenue Commissioners issue the notification referred to in paragraph (7).

• (9) Any tax chargeable prior to the date the Revenue Commissioners issue the notification referred to in paragraph (7) which becomes chargeable on the letting of immovable goods as a result of the back-dating of a waiver is deemed to have been due and paid by the applicant in accordance with section 19 of the Act and deducted by the tenant in accordance with section 12 of the Act.

• (10) A person who waives his or her right to exemption in respect of a specified letting is entitled to have such waiver cancelled provided he or she—

• (a) applies to the Revenue Commissioners in writing to have the waiver of his or her right to exemption cancelled,

• (b) furnishes particulars to the Revenue Commissioners of—

• (i) the tax due and accounted for by him or her, in accordance with section 19 of the Act, in relation to the supply of services by him or her to which the waiver applied for all taxable periods comprised in the period commencing with—

• (I) in the case of a back-dated waiver the start of the period in which the Revenue Commissioners issued the notification referred to in paragraph (7), or

• (II) in any other case, the start period referred to in paragraph (3)(b),

and ending with the last day of the taxable period immediately preceding the cancellation request period, and

• (ii) the total amount of tax deducted or deductible by him or her referred to at paragraphs (a), (b) and (c) of subsection (3) of section 7 of the Act in respect of all of the taxable periods comprised in the appropriate period referred to in clause (i), together with the total amount of tax deducted by him or her referred to in paragraph (aa) of the said subsection (3),

and

• (c) pays to the Collector-General an amount equal to the excess (if any) of the tax referred to in subparagraph (b)(ii) over the tax referred to in subparagraph (b)(i).

• (11) Where a person complies with paragraph (10) to the satisfaction of the Revenue Commissioners, his or her waiver shall be cancelled with effect from the end of the taxable period during which he or she so complies. The Revenue Commissioners shall notify the person of such cancellation in writing and from the end of that taxable period the person shall be treated as a person who had not waived his or her right to exemption.

• (12) A person who applies for the cancellation of his or her waiver in accordance with paragraph (10) is not entitled, under section 20(1) of the Act, to any refund of tax, other than a refund referable solely to some error or mistake made by him or her, for the cancellation request period or any subsequent taxable periods, in relation to all the lettings to which the waiver relates, in excess of an amount calculated in accordance with the following formula:

A + B

where—

A is the excess of the amount referred to in paragraph 10(b)(i) over the amount referred to in paragraph 10(b)(ii), but where there is no such excess A is equal to zero, and

B is the sum of the amounts of tax paid under section 19(3) of the Act, in relation to all the lettings to which the waiver relates, for the cancellation request period and any subsequent taxable periods until the waiver is cancelled.

Lettings in the short-term guest sector or holiday sector

5.

• (a) governed by the Housing (Rent Books) Regulations 1993 ( S.I. No.146 of 1993 ),

• (b) of a dwelling to which Part II of the Housing (Private Rented Dwellings) Act 1982 (No. 6 of 1982) applies, or

• (c) of accommodation which is provided as a temporary dwelling for emergency residential purposes.

Groups

6.

• (2) The Revenue Commissioners shall—

• (a) determine whether a notification, under section 8(8) of the Act, should be issued to such persons, and

• (b) specify the date from which the notification applies where they determine that such notification should issue.

Registration

7.

• (a) to register for tax by completing such form as is provided for that purpose by the Revenue Commissioners, and

• (b) to certify that the particulars shown on such form are correct.

• (2) Where a change occurs in any of the particulars furnished in the form referred to in paragraph (1), then—

• (a) the registered person,

• (b) if the registered person has died, his or her personal representative, or

• (c) if the registered person is a body of persons which is in liquidation or is otherwise being wound up, the liquidator or any other person who is carrying on the business during such liquidation or, as the case may be, winding up,

is required to furnish to the Revenue Commissioners particulars of the change within 30 days immediately following the date of the change.

• (3) A person who is registered in accordance with section 9 of the Act and who ceases—

• (a) to supply taxable goods or services, and

• (b) to make intra-Community acquisitions,

in the State is required to notify the Revenue Commissioners in writing of such cessation. Such written notification is required to be furnished by the end of the taxable period following that in which the cessation occurred.

• (4) The Revenue Commissioners may, by notice in writing, cancel the registration of a person who does not become, or who ceases to be, a taxable person, and such cancellation has effect as on and from the date of the notice, or as on and from such date as may be specified in the notice.

Record Keeping

Accounts

8.

• (a) in relation to consideration receivable from registered persons—

• (i) the amount receivable from each such person in respect of each transaction for which an invoice or other document is required to be issued under section 17 of the Act, and

• (ii) a cross-reference to the copy of the relevant invoice or other document,

• (b) in relation to consideration receivable from unregistered persons—

• (i) a daily total of the consideration receivable from all such persons, and

• (ii) a cross-reference to the relevant counter books, copies of sales dockets, cash register tally rolls or other documents which are in use for the purposes of the business,

• (c) in relation to consideration receivable from persons registered for value-added tax in another Member State—

• (i) the amount receivable from each such person in respect of each transaction for which an invoice is required to be issued under section 17 of the Act, and

• (ii) a cross-reference to the copy of the relevant invoice,

• (d) in relation to intra-Community acquisitions of goods, in respect of which the taxable person is liable to pay the tax chargeable —

• (i) the amount of the consideration relating to those acquisitions, and

• (ii) a cross-reference to the relevant invoice,

• (e) in relation to importations of goods, a description of those goods together with—

• (i) particulars of their value as determined in accordance with section 15 of the Act,

• (ii) the amount of the consideration relating to the purchase of the goods if purchased in connection with the importation,

• (iii) the amount of tax, if any, paid on importation, and

• (iv) a cross-reference to the invoices and customs documents used in connection with the importation,

• (f) in relation to goods supplied in accordance with section (3)(1)(e) of the Act, being goods developed, constructed, assembled, manufactured, produced, extracted, purchased, imported or otherwise acquired by the taxable person or by another person on his or her behalf, and applied by the taxable person (otherwise than by way of disposal to another person) for the purposes of any business carried on by him or her—

• (i) a description of the goods in question, and

• (ii) the cost, excluding tax, to the taxable person of acquiring or producing them except where tax chargeable in relation to the application of the goods would, if it were charged, be wholly deductible under section 12 of the Act,

• (g) in relation to goods supplied in accordance with section (3)(1)(f) of the Act, being goods appropriated by a taxable person for any purpose other than the purpose of his or her business or disposed of free of charge, where tax chargeable in relation to the goods—

• (i) on their purchase, intra-Community acquisition or importation by the taxable person, or on their development, construction, assembly, manufacture, production, extraction, or application in accordance with section 3(1)(e) of the Act, as the case may be, was wholly or partly deductible under section 12 of the Act, or

• (ii) where the ownership of those goods was transferred to the taxable person in the course of a transfer of a totality of assets, or part thereof, of a business and that transfer of ownership was deemed not to be a supply of goods in accordance with section 3(5)(b) of the Act,

a description of the goods in question and the cost, excluding tax, to the taxable person, of acquiring or producing them,

• (h) in relation to services deemed to be supplied by a person in the course or furtherance of business in accordance with section 5(3) of the Act—

• (i) a description of the services in question, and

• (ii) particulars of the cost, excluding tax, to the taxable person of supplying the services and of the consideration, if any, receivable by him or her in respect of the supply,

• (i) in the case of the supply of services in circumstances that, by virtue of any of the provisions of section 5 of the Act, are deemed to be supplied outside the State—

• (i) the name and address of the person to whom the services are supplied,

• (ii) the nature of the services,

• (iii) the amount of the consideration receivable in respect of the supply, and

• (iv) a cross-reference to the copy of the relevant invoice or other document,

• (j) in the case of the receipt of goods and services in the State in respect of which the recipient of those goods and services is liable to pay the tax chargeable —

• (i) a description of the goods and services in question, and

• (ii) a cross-reference to the relevant invoice,

• (k) in relation to discounts allowed or price reductions made to a registered person subsequent to the issue of an invoice to such person—

• (i) the amount credited to such person, and

• (ii) except in a case in which section 17(9)(a) of the Act applies, a cross-reference to the corresponding credit note,

• (l) in relation to discounts allowed or price reductions made to unregistered persons—

• (i) a daily total of the amount so allowed, and

• (ii) a cross-reference to the goods returned book, cash book or other record used in connection with the matter,

• (m) in relation to bad debts written off, —

• (i) particulars of the name and address of the debtor,

• (ii) the nature of the goods or services to which the debt relates,

• (iii) the date or dates on which the debt was incurred, and

• (iv) the date or dates on which the debt was written off,

• (n) in relation to goods and services supplied to the taxable person by another taxable person—

• (i) the amount of the consideration payable,

• (ii) the corresponding tax invoiced by the other taxable person, and

• (iii) a cross-reference to the corresponding invoice,

• (o) in relation to goods and services supplied to the taxable person by unregistered persons, other than a means of transport supplied under the special scheme in accordance with Regulation 31 and goods and services in respect of which flat-rate farmers are required in accordance with section 12A(1) of the Act to issue invoices—

• (i) a daily total of the consideration payable to such persons, and

• (ii) a cross-reference to the purchases book, cash book, purchases dockets or other records which are in use in connection with the business,

• (p) in relation to goods and services supplied to the taxable person by flat-rate farmers who are required, in accordance with section 12A(1) of the Act, to issue invoices—

• (i) the amount of the consideration payable (exclusive of the flat-rate addition) and the amount of the flat-rate addition invoiced by each such farmer, and

• (ii) a cross-reference to the corresponding invoice,

• (q) in relation to agricultural machinery supplied to the taxable person by flat-rate farmers who are required, in accordance with section 12C(2) of the Act, to issue invoices, a full and true record entered up to date of all acquisitions and disposals of agricultural machinery by him or her,

• (r) in relation to discounts or price reductions received from registered persons, subsequent to the receipt of invoices from such persons, except in a case in which section 17(9)(a) of the Act applies-

• (i) the amount of the discount or price reduction, and the corresponding tax received from each such person, and

• (ii) a cross-reference to the corresponding credit note,

• (s) in relation to discounts or price reductions in relation to goods and services supplied to the taxable person by flat-rate farmers who are required, in accordance with section 12A(1) of the Act, to issue invoices—

• (i) the amount of the discount or price reduction (exclusive of the flat-rate addition) and the amount of the corresponding flat-rate addition, and

• (ii) a cross-reference to the invoice issued in connection with the goods and services in question,

• (t) in relation to discounts or price reductions received other than those referred to in subparagraphs (r) and (s)—

• (i) a daily total of the amounts so received, and

• (ii) a cross-reference to the cash book or other record used in connection with such matters,

and

• (u) in respect of supplies of goods specified in paragraph (i) of the Second Schedule to the Act—

• (i) the name and address of the person to whom the goods are supplied,

• (ii) a description of the goods supplied,

• (iii) the amount of the consideration,

• (iv) a cross-reference to the copy of the relevant invoice, and

• (v) a cross-reference to the relevant Customs and transport documents.

• (2) The accounts kept in accordance with paragraph (1) are required to set out separately, the consideration, discounts, price reductions, bad debts and values at importation under separate headings in relation to—

• (a) exempted activities, and

• (b) goods and services chargeable at each rate of tax including the zero rate.

• (3) In relation to a person authorised in accordance with section 14(1) of the Act to determine the amount of tax which becomes due by such person by reference to the amount of moneys which he or she receives, references in this Regulation to consideration in respect of the supply of goods or services are construed as references to such moneys received in respect of such supply.

Invoices and other documents

9.

• (2) The following particulars are specified for purposes of subsection (1) of section 17 of the Act and are required to be included in every invoice issued or deemed to be issued by a taxable person:

• (a) the date of issue of the invoice,

• (b) a sequential number, based on one or more series, which uniquely identifies the invoice,

• (c) the full name, address and the registration number of the person who supplied the goods or services to which the invoice relates,

• (d) the full name and address of the person to whom the goods or services were supplied,

• (e) in the case of a reverse charge supply the value-added tax identification number of the person to whom the supply was made and an indication that a reverse charge applies,

• (f) in the case of a supply of goods, other than a reverse charge supply, to a person registered for value-added tax in another Member State, the person's value-added tax identification number in that Member State and an indication that the invoice relates to an intra-Community supply of goods,

• (g) the quantity and nature of the goods supplied or the extent and nature of the services rendered,

• (h) the date on which the goods or services were supplied or, in the case of supplies specified in section 17(8) of the Act, the date on which the payment on account was made, in so far as that date differs from the date of issue of the invoice,

• (i) in respect of the goods or services supplied:

• (i) the unit price exclusive of tax,

• (ii) any discounts or price reductions not included in the unit price, and

• (iii) the consideration exclusive of tax,

• (j) in respect of the goods or services supplied, other than reverse charge supplies:

• (i) the consideration exclusive of tax per rate of tax, and

• (ii) the rate of tax chargeable,

• (k) the tax payable in respect of the supply of the goods or services, except—

• (i) in the case of a reverse charge supply, or

• (ii) where section 10A(9), 10B(5) or 12B(5) of the Act applies,

and

• (l) in the case where a tax representative is liable to pay the value-added tax in another Member State, the full name and address and the value-added tax identification number of that representative.

• (3) An invoice, credit note or debit note issued by a taxable person in accordance with section 17 of the Act relating to an intra-Community supply of a new means of transport (within the meaning given by section 1 of the Act) is required to include details necessary to identify the goods as a new means of transport.

• (4) Every invoice issued by a taxable person in accordance with section 17(3)(a) of the Act in respect of an increase in consideration, is required to include the particulars specified in subparagraphs (a) to (f) of paragraph (2) and shall indicate:

• (a) the amount, exclusive of tax, of the increase in consideration for the supply,

• (b) the rate or rates of tax and the amount of tax at each rate appropriate to that increase in consideration, and

• (c) a cross-reference to every other invoice issued by the taxable person in respect of the total consideration for the supply.

• (5) Every credit note or debit note issued by a person in accordance with subsection (3)(b) or (11) of section 17 of the Act is required to include the following particulars:

• (a) the date of issue of the note,

• (b) a number which uniquely identifies the note,

• (c) the name, address and registration number of the person issuing the note,

• (d) the name, address and registration number of the person to whom the note is being issued,

• (e) in the case of a supply to a person who is registered for value-added tax in another Member State, the person's value-added tax identification number in that Member State,

• (f) the reason why the note is being issued and a cross-reference to the invoice which was issued for the supply in respect of which the consideration was reduced,

• (g) the amount of the consideration, exclusive of tax in respect of which the note is being issued, and

• (h) the rate or rates of tax current when the invoice referred to in subparagraph (f) was issued and the amount of tax at each rate as appropriate to the consideration shown on the note.

• (6) Every invoice issued by a taxable person in accordance with section 10A(9) or 10B(5) of the Act is required to indicate that the margin scheme or auction scheme, as appropriate, has been applied.

• (7) The amount of tax included on an invoice or other document issued in accordance with section 17 of the Act is required to be expressed in euro.

• (8)
• (a) Notwithstanding this Regulation, the Revenue Commissioners may allow invoices, credit notes, settlement vouchers or debit notes to be issued under simplified arrangements in accordance with Article 22(9)(d) of the Sixth Council Directive but only if they include the following particulars:

• (i) the date of issue,

• (ii) identification of the supplier,

• (iii) identification of the type of goods or services supplied,

• (iv) the tax due or the information needed to calculate it, and

• (v) such other details as the Revenue Commissioners may require.

• (b) The Revenue Commissioners shall publish in the Iris Oifigiúil the details to be included in the documents referred to in subparagraph (a) and the circumstances under which they qualify for the simplified arrangements.

• (9) Any person issuing (other than by electronic means in accordance with Regulation 10(2)(a)) an invoice, credit note or debit note in accordance with section 17 of the Act is required to keep an exact copy of it and references in this Regulation to any such document include references to that copy.

Electronic invoicing

10.

“advanced electronic signature” means an electronic signature which is—

• (a) uniquely linked to the signatory,

• (b) capable of identifying the signatory,

• (c) created using means that are capable of being maintained by the signatory under his or her sole control, and

• (d) linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;

“electronic data interchange” means the electronic transfer, from computer to computer, of commercial and administrative data using an agreed standard to structure a message;

“electronic record” means a record required to be kept for the purposes of section 16 of the Act which is generated, transmitted and stored electronically;

“electronic signature” means data in electronic form which are attached to or logically associated with a message and which serve as a method of authentication;

“message” means an invoice, credit note, debit note, settlement voucher or document issued or received in accordance with section 17 of the Act and which is transmitted electronically;

“signatory”, “signature-creation data”, “signature-creation device”, “signature-verification-data”, and “signature-verification device” have the meanings assigned to them by the Electronic Commerce Act 2000 (No. 27 of 2000);

“trading partners” means any 2 persons engaged by prior agreement in the electronic exchange of messages;

“transmission” means the transfer or making available of a message to a trading partner by electronic means;

“unique identification number” means a sequential number which is based on one or more series and which uniquely identifies a message transmitted between trading partners.

• (2)
• (a) A message issued or received by electronic means by a taxable person is deemed to be so issued or received for the purposes of section 17(1A) of the Act if each such message—

• (i) is transmitted between trading partners using an electronic data interchange system which satisfies the requirements specified in subparagraphs (b) and (c), or

• (ii) is transmitted between trading partners using an advanced electronic signature and an associated system which satisfy the requirements specified in subparagraphs (b) and (c).

• (b) The electronic data interchange system or the advanced electronic signature and associated system used by the taxable person referred to in subparagraph (a) is required to be capable of—

• (i) producing, retaining and storing, and making available to an officer of the Revenue Commissioners on request, electronic records and messages in such form and containing such particulars as may be required in accordance with sections 16 and 17 of the Act and Regulations made under the Act,

• (ii) causing to be reproduced on paper any electronic record or message required to be produced, retained or stored in accordance with sections 16 and 17 of the Act and Regulations made under the Act,

• (iii) allocating a unique identification number for each message transmitted, and

• (iv) maintaining electronic records in such manner that allows their retrieval by reference to the name of a trading partner or the date of the message or the unique identification number of the message.

• (c) The electronic data interchange system or the advanced electronic signature and associated system used by the taxable person referred to in subparagraph (a) is required to—

• (i) preclude the repeated transmission of a message,

• (ii) preclude the omission of any message from the electronic record,

• (iii) verify the origin or receipt of a message by a trading partner, and

• (iv) guarantee the integrity of the contents of a message, or of an electronic record related to that message, during transmission and during the period provided for in section 16 for the retention of records, invoices or any other documents specified in the Act or in Regulations made under the Act.

• (3) A taxable person may transmit messages by means other than those referred to in paragraph (2)(a) where—

• (a) he or she is satisfied that such messages are recorded, retained and transmitted in accordance with section 17(1A) of the Act,

• (b) the requirements of subparagraphs (b) and (c) of paragraph (2) and paragraph (4) are met, and

• (c) he or she notifies the Revenue Commissioners accordingly.

• (4)
• (a) A taxable person who issues or receives messages by electronic means in accordance with paragraph (2)(a) is required to—

• (i) retain and store such messages or copies of such messages, as appropriate, together with electronic records relating to those messages, and

• (ii) retain and store electronically the following data:

• (I) details of the form of encryption, electronic signature, signature creation data or device, signature verification data or device, or any other method used to ensure the integrity of the records and messages transmitted, retained and stored and the authenticity of their origin,

• (II) details of where and in what format the information required in accordance with subclause (I) is stored and how it can be accessed.

• (b) A taxable person who issues or receives messages by electronic means is required to—

• (i) provide details on request to an officer of the Revenue Commissioners on where and how an electronic record or message is stored on that taxpayer's system and how it can be accessed by that officer,

• (ii) allow such access to electronic records or messages for inspection by an officer of the Revenue Commissioners at all reasonable times, and

• (iii) reproduce any such electronic record or message on paper on request by an officer of the Revenue Commissioners including details required to be retained and stored under subparagraph (a).

Invoicing provisions for flat-rate farmers

11.

• (2) Every invoice issued by a flat-rate farmer in respect of agricultural produce or an agricultural service in accordance with section 17(2) of the Act is required to be acknowledged by that farmer and to include the following particulars:

• (a) the date of issue of the invoice,

• (b) the full name and address of the flat-rate farmer who supplied the goods or services to which the invoice relates,

• (c) the full name, address and registration number of the person to whom the goods or services have been supplied,

• (d) in the case of a supply of agricultural produce or an agricultural service to a person registered for value-added tax in another Member State, the person's value-added tax identification number in that Member State,

• (e) the quantity and nature of the goods supplied or the extent and nature of the services rendered,

• (f) the date on which the goods or services were supplied,

• (g) the consideration, exclusive of the flat-rate addition, for the supply, and

• (h) the rate and amount of the flat-rate addition appropriate to the consideration shown on the invoice.

• (3) Every invoice issued by a flat-rate farmer in respect of a supply of agricultural machinery in accordance with section 17(2A) of the Act is required to be acknowledged by that farmer and to include, in addition to the particulars specified in subparagraphs (a) to (c) and (f) of paragraph (2)—

• (a) a description of the agricultural machinery, including details of the make, model and where appropriate, the year of manufacture, the engine number and registration number thereof,

• (b) the consideration for the supply of the agricultural machinery, and

• (c) a declaration by that farmer that the agricultural machinery was used by him or her for the purposes of his or her farming activities.

• (4) Every invoice issued by a flat-rate farmer in respect of an increase in consideration in accordance with section 17(4)(a) of the Act is required to be acknowledged by that farmer and to include, in addition to the particulars specified in subparagraphs (a) to (d) of paragraph (2)—

• (a) indicate the amount, exclusive of the flat-rate addition, of the increase in consideration for the supply,

• (b) indicate the rate and amount of the flat-rate addition, and

• (c) include a cross-reference to every other invoice issued by the flat-rate farmer in respect of the total consideration for the supply.

• (5) Every farmer credit note or farmer debit note issued by a flat-rate farmer in accordance with subsection (4)(b) or (11A) of section 17 of the Act is required to include the following particulars:

• (a) the date of issue of the note,

• (b) the full name, address and registration number (if any) of the person issuing the note,

• (c) the full name, address and registration number (if any) of the person to whom the note is being issued,

• (d) in the case of a supply to a person who is registered for value-added tax in another Member State, the person's value-added tax identification number in that Member State,

• (e) the reason why the note is being issued and a cross-reference to the invoice which was issued for the supply in respect of which the consideration was reduced, or settlement voucher as appropriate,

• (f) the amount of the consideration exclusive of the flat-rate addition in respect of which the note is being issued, and

• (g) the rate and amount of the flat-rate addition as appropriate to the consideration shown on the note.

• (6) Every settlement voucher issued in accordance with section 17(10) of the Act in respect of agricultural produce or agricultural services supplied to a registered person by a flat-rate farmer is required to be acknowledged by that farmer and to include the following particulars:

• (a) the date of issue of the settlement voucher,

• (b) the full name and address of the flat-rate farmer who supplied the produce or services to which the voucher relates,

• (c) the full name, address and registration number for the person to whom the produce or services have been supplied,

• (d) a description, including quantity, of the produce or services supplied,

• (e) the date on which the produce or services were supplied,

• (f) the consideration, exclusive of the flat-rate addition, for the supply, and

• (g) the rate and amount of the flat-rate addition appropriate to the consideration shown on the voucher.

• (7) A taxable dealer is required to keep all invoices received in respect of agricultural machinery acquired by him or her and copies of all invoices in respect of agricultural machinery disposed of by him or her.

• (8) Any person issuing (other than by electronic means in accordance with Regulation 10(2)(a)) an invoice, credit note, settlement voucher or debit note in accordance with section 17 of the Act is required to keep an exact copy of it and references in this Regulation to any such document include references to that copy.

Time limits for issuing invoices and credit notes

12.

• (a) within the 15 days following the end of the month during which the goods or services were supplied, in the case of an invoice required to be issued in accordance with section 12A, 12C or 17(1) of the Act,

• (b) within the 15 days following the day on which the increased consideration is paid or the day on which the increase in consideration is agreed between the parties, whichever day is the earlier, in the case of an invoice required to be issued in accordance with subsection (3)(a) or (4)(a) of section 17 of the Act,

• (c) in the case of a credit note required to be issued in accordance with subsection (3)(b) or (4)(b) of section 17 of the Act—

• (i) where a decrease is due to a discount, within the 15 days of the date of receipt of the money to which the discount relates, or

• (ii) in any other case, within the 15 days of the day on which the decrease in consideration is agreed between the parties,

and

• (d) within the 15 days following the end of the month during which the payment was received in the case of an invoice required to be issued in respect of a payment for a supply of goods or services before the supply is completed in accordance with section 17(8) of the Act.

Returns

13.

• (a) shall complete such form as is issued for that purpose by the Revenue Commissioners in respect of the taxable period concerned, and

• (b) either the taxable person, or the other person acting under that person's authority shall sign a declaration on the form to the effect that the particulars shown on it are correct,

and if that form provides for the inclusion of supplementary trading details in respect of any period, those details are deemed to be part of the return in respect of the taxable period concerned.

• (2) Where a taxable person is authorised to furnish a return in accordance with section 19(3)(aa) of the Act, then that person, or another person acting under that taxable person's authority—

• (a) shall complete such form as is issued for that purpose by the Revenue Commissioners, and

• (b) either the taxable person, or the other person acting under that person's authority shall sign a declaration on the form to the effect that the particulars shown on it are correct.

• (3) The obligation of a taxable person to make a return is fulfilled by that person if the information required in such a return is transmitted electronically in accordance with Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 .

Statement of intra-Community supplies

14.

“correction statement” means a statement of corrective details furnished in relation to a statement previously supplied;

“intra-Community supplies” has the meaning assigned to it by section 19A(6) of the Act;

“statement” means a statement of intra-Community supplies required to be furnished to the Revenue Commissioners by a taxable person in accordance with section 19A of the Act;

“working day” means a day other than—

• (a) a Saturday or Sunday,

• (b) a day that is a public holiday (within the meaning of the Organisation of Working Time Act 1997 (No. 20 of 1997)), or

• (c) any other day when the offices of the Revenue Commissioners are closed generally to the public.

• (2)
• (a) Subject to paragraph (3), a taxable person who is required in accordance with section 19A of the Act to furnish a statement of intra-Community supplies shall complete to the satisfaction of the Revenue Commissioners such forms as are provided for that purpose by them.

• (b) Where for any reason a taxable person becomes aware of an error in a statement furnished in accordance with subparagraph (a), that person is required, within 5 working days, to furnish a correction statement on the form provided for that purpose by the Revenue Commissioners.

• (3) Notwithstanding paragraph (2), a taxable person may, on written application to the Revenue Commissioners, be authorised by them to furnish a statement or correction statement on a document or in a manner other than by use of the forms referred to in paragraph (2). In this case the relevant statement is required to—

• (a) be furnished in a format specified by the Revenue Commissioners, and

• (b) include all the particulars that would have been provided had the person completed the forms referred to in paragraph (2).

• (4) In furnishing a statement or correction statement in accordance with paragraph (2) or (3), a taxable person is required to—

• (a) make a separate entry in respect of his or her intra-Community supplies to each person registered for value-added tax in another Member State, and

• (b) make a separate entry including the indicator “T” in respect of any supplies of the type referred to in section 3A(5)(iii) of the Act to each person registered for value-added tax in another Member State,

in respect of the period covered by the statement and to furnish such other particulars of his or her intra-Community supplies as are requested on the appropriate form.

• (5)
• (a) A statement or correction statement may be prepared and furnished to the Revenue Commissioners by a person other than the taxable person where that person has been authorised by the taxable person to act on his or her behalf in that regard. The Act applies to such a statement as if it had been prepared and furnished to the Revenue Commissioners by the taxable person.

• (b) A statement or correction statement purporting to be prepared and furnished to the Revenue Commissioners by or on behalf of any taxable person is, for all the purposes of the Act, deemed to have been prepared and furnished to the Revenue Commissioners by that taxable person, or on his or her authority, as the case may be, unless the contrary is proved.

• (c) A taxable person who authorises another person in accordance with subparagraph (a) is required to notify the Revenue Commissioners in writing of such authorisation.

• (d) A taxable person is required, on cancelling an authorisation referred to in subparagraph (a), to advise the Revenue Commissioners in writing of the cancellation within 5 working days of such cancellation.

• (e) The Revenue Commissioners may by notice in writing exclude a taxable person from the provisions of this paragraph.

• (6)
• (a) Subject to subparagraph (b) and unless otherwise permitted by the Revenue Commissioners under this Regulation, every statement and correction statement is required to be completed by means of typing or other similar process.

• (b) Every statement and correction statement is required to be signed and dated by—

• (i) the taxable person, or

• (ii) the person authorised by the taxable person in accordance with paragraph (5)(a).

• (c) Where a taxable person has been authorised in accordance with paragraph (3) to furnish a statement or correction statement by electronic means or through magnetic media, any such statement has the same effect as if it were a signed statement or correction statement, as the case may be.

• (7)
• (a) A taxable person may, on written application to the Revenue Commissioners, be authorised by them to submit an annual statement in accordance with section 19A(3) of the Act where—

• (i) his or her supplies of goods and services do not exceed or are not likely to exceed €85,000 in a calendar year, and

• (ii) his or her intra-Community supplies do not exceed or are not likely to exceed €15,000 in that calendar year,

but only if such intra-Community supplies do not include the supply of new means of transport.

• (b) A taxable person authorised to submit a return in accordance with section 19(3)(aa) of the Act may, on written application to the Revenue Commissioners, be authorised by them to submit an annual statement in accordance with section 19A(3) of the Act where—

• (i) his or her supplies of goods and services do not exceed or are not likely to exceed €200,000 in a calendar year, and

• (ii) his or her intra-Community supplies do not exceed or are not likely to exceed €15,000 in that calendar year,

but only if such intra-Community supplies do not include the supply of new means of transport.

• (8) The cancellation of an authorisation referred to in section 19A(2) or 19A(3) of the Act shall be by notice in writing given by the Revenue Commissioners to the person who was the subject of the authorisation and any such cancellation has effect from the date of the notice or from such later date as may be specified in the notice.

• (9) Paragraphs (2) to (6) apply to a statement or correction statement furnished on a monthly or annual basis, as the case may be. However, the taxable person referred to in paragraph 7(a) is not obliged to furnish details of the value of his or her intra-Community supplies or to comply with paragraph (4)(b).

Tax due and payable

Determination of tax due by reference to moneys received

15.

“moneys received basis of accounting” means the method of determining, in accordance with section 14(1) of the Act, the amount of tax which becomes due by a taxable person;

“turnover from taxable supplies”, 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.

• (2) For the purposes of section 14(1)(a) of the Act and this Regulation, supplies to persons who are not registered persons shall be deemed to include any supplies to a taxable person where the said taxable person is not entitled to claim, under section 12 of the Act, a full deduction of the tax chargeable in relation to the said supply.

• (3)
• (a) An application by a taxable person (referred to in this Regulation as the “applicant”) for authorisation to use the moneys received basis of accounting is required to be made in writing to the Revenue Commissioners and to include—

• (i) the applicant's name and address,

• (ii) the applicant's VAT registration number (if any),

• (iii) the nature of the business activities carried on by the applicant.

• (b) An applicant who claims eligibility under section 14(1)(a) of the Act is required to include in the application made in accordance with this paragraph particulars of—

• (i) the percentage of the applicant's turnover from taxable supplies, if any, which related to supplies to persons who are not registered persons—

• (I) in the period of 12 months ended on the last day of the taxable period prior to the application, or

• (II) in the period from the commencement of his or her business activities to the last day of the taxable period referred to in subclause (I),

whichever is the shorter, and

• (ii) the applicant's estimate of the percentage of his or her turnover from taxable supplies which will relate to supplies to persons who are not registered persons in the period of 12 months commencing with the beginning of the taxable period during which the application is made.

• (c) An applicant who claims eligibility under section 14(1)(b) of the Act is required to include in the application made in accordance with this paragraph particulars of—

• (i) the amount of the applicant's turnover from taxable supplies in the period of 12 months ended on the last day of the taxable period prior to the application, and

• (ii) the applicant's estimate of his or her turnover from taxable supplies in the period of 12 months commencing with the beginning of the taxable period during which the application is made.

• (4) The Revenue Commissioners shall, if they consider that a person satisfies the requirements of section 14(1) of the Act, authorise the person, by notice in writing, to use the moneys received basis of accounting subject to this Regulation. An authorisation given for the purposes of section 14(1) of the Act shall have effect from the commencement of the taxable period during which it is given or from such other date as may be specified in the authorisation.

• (5)
• (a) An authorisation of any person for the purposes of section 14(1) of the Act does not apply to tax chargeable on any supply where the person to whom or to whose order the supply is made is a person connected to that authorised person.

• (b) For the purposes of this paragraph any question of whether a person is connected with another person shall be determined in accordance with the following:

• (i) a person is connected with an individual if that person is the individual's spouse, or is a relative, or the spouse of a relative, of the individual or of the individual's spouse;

• (ii) a person is connected with any person with whom he or she is in partnership, and with the spouse or a relative of any individual with whom he or she is in partnership;

• (iii) subject to subparagraphs (iv) and (v), a person is connected with another person if he or she has control over that other person, or if the other person has control over the first-mentioned person, or if both persons are controlled by another person or persons;

• (iv) a body corporate is connected with another person if that person, or persons connected with him or her, have control of it, or the person and persons connected with him or her together have control of it;

• (v) a body corporate is connected with another body corporate—

• (I) if the same person has control of both or a person has control of one and persons connected with that person or that person and persons connected with that person have control of the other, or

• (II) if a group of 2 or more persons has control of each body corporate and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person with whom he or she is connected;

• (vi) in this subparagraph “relative” means brother, sister, ancestor or lineal descendant.

• (c) In this paragraph “control”, in relation to a body corporate or in relation to a partnership, has the meaning assigned to it by section 8(3B) of the Act.

• (6) An authorisation for the purposes of section 14(1) of the Act does not affect the amount on which tax is chargeable under the Act.

• (7)
• (a) A taxable person authorised for the purposes of section 14(1) of the Act is required to notify the Revenue Commissioners in writing if, for any period of 4 consecutive calendar months during the validity of such authorisation, he or she no longer satisfies the requirements of that section and such notification shall be made within 30 days of the end of such 4 month period.

• (b) Where a taxable person fails to notify the Revenue Commissioners in accordance with subparagraph (a), the authorisation for the purposes of section 14(1) of the Act is deemed to be cancelled in accordance with paragraph (8). Such cancellation has effect for the purposes of section 14 of the Act from the commencement of the taxable period during which the taxable person should have notified the Revenue Commissioners in accordance with subparagraph (a).

• (8)
• (a) The Revenue Commissioners shall cancel an authorisation to which section 14(1) of the Act and paragraph (4) relates if either:

• (i) the person so authorised makes a request to them in writing to have the authorisation cancelled, or

• (ii) they consider that the person no longer satisfies the requirements of section 14(1) of the Act.

• (b) The Revenue Commissioners shall cancel the authorisation to which section 14(1) of the Act and paragraph (4) relates by issuing a notice in writing to the authorised person. Without prejudice to paragraph (7)(b), such cancellation has effect from the commencement of the taxable period during which notice is given or from the commencement of such later taxable period as may be specified in the notice.

• (9)
• (a) Where a person who for any period is authorised under section 14(1) of the Act ceases to be so authorised or ceases to be a taxable person, the tax payable by him or her for the taxable period during which the cessation occurs shall be adjusted in accordance with this paragraph.

• (b) The total amount due to the person at the end of the authorised period for goods and services supplied by him or her shall be apportioned between each rate of tax specified in section 11(1) of the Act in accordance with the following formula—

	A	×	B
			C

where -

A is the total amount due to the person at the end of the authorised period for goods and services supplied by him or her during the authorised period,

B is the taxable amount in respect of taxable supplies at each rate of tax in the 12 months prior to the date of cessation or in the authorised period, whichever is the shorter, and

C is the taxable amount in respect of total taxable supplies in the 12 months prior to the date of cessation or in the authorised period, whichever is the shorter,

but the apportionment between the various rates of tax may be made in accordance with any other basis which may be agreed between the taxable person and the Revenue Commissioners.

• (c) The amount so apportioned at each rate is a tax-inclusive amount and the tax therein shall be treated as tax due for the taxable period in which the cessation occurs.

• (d) No adjustment of liability as provided for in this paragraph shall be made if the cessation referred to in subparagraph (a) was occasioned by the death of the taxable person.

• (e) For the purposes of this paragraph—

“the authorised period” means the period during which the person was authorised to apply the moneys received basis of accounting, but where the person was authorised to apply the moneys received basis of accounting for more than 6 years the authorised period is deemed to be for a period of 6 years ending on the date on which the cancellation of the authorisation has effect;

“the tax therein” shall be established at the rates specified in section 11(1) of the Act—

• (i) applicable on the date the authorised period ends, or

• (ii) applicable at the time the relevant goods and services were supplied where such details can be established to the satisfaction of the Revenue Commissioners.

Adjustments for returned goods, discounts, and price alterations

16.

• (a) the consideration exclusive of tax actually received by a taxable person in respect of the supply by him or her of any goods or services is less than the amount on which tax has become chargeable in respect of such supply, or

• (b) no consideration is actually received.