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

• (2) The amount of the deficiency in respect of any supply shall be ascertained by deducting from the amount on which tax has become chargeable in respect of such supply, the consideration actually received exclusive of tax.

• (3)
• (a) Subject to subparagraph (b), the sum of the deficiencies ascertained in accordance with paragraph (2), incurred in each taxable period and relating to consideration chargeable at each of the various rates of tax (including the zero rate) specified in section 11(1) of the Act, shall be deducted from the amounts ascertained in accordance with section 10 of the Act which would otherwise be chargeable with tax at each of those rates and the net amounts as so ascertained shall be the amounts on which tax is chargeable for the taxable period during which the deficiencies are ascertained.

• (b) For the purposes of subparagraph (a), where the sum of the deficiencies as ascertained in accordance with subparagraph (a) in relation to tax chargeable at any of the rates so specified in section 11(1) of the Act exceeds the amount on which, but for this Regulation—

• (i) tax would be chargeable at that rate, or

• (ii) no tax is chargeable at that rate,

then, the tax appropriate to the excess or to the sum of the deficiencies, if no tax is chargeable, shall be treated as tax deductible in accordance with section 12 of the Act for that taxable period.

• (4)
• (a) Where, in accordance with section 17 of the Act, a credit note is issued by a taxable person in respect of an adjustment under this Regulation, then the taxable person to whom the credit note is issued shall reduce the amount which would otherwise be deductible under section 12 of the Act for the taxable period during which the credit note is issued (in this paragraph referred to as the “tax deduction”) by the appropriate amount of tax shown thereon (in this paragraph referred to as the “tax reduction”).

• (b) Where the tax reduction exceeds the tax deduction, then the excess shall be carried forward and deducted from the tax deductible under section 12 of the Act for the next taxable period and so on until the tax reduction is exhausted.

• (5)
• (a) Where, in accordance with section 17(4)(b) of the Act, a farmer credit note is issued by a flat-rate farmer, then the taxable person to whom the credit note is issued shall reduce the amount which would otherwise be deductible under section 12(1)(a)(viii) of the Act for the taxable period during which the farmer credit note is issued (in this paragraph referred to as the “flat-rate deduction”) by the amount of the appropriate flat-rate addition shown thereon (in this paragraph referred to as the “flat-rate reduction”).

• (b) Where the flat-rate reduction exceeds the flat-rate deduction, the excess shall be carried forward and deducted from the amount deductible under section 12(1)(a)(viii) of the Act for the next taxable period and so on until the flat-rate reduction is exhausted.

Estimates and assessments

17.

• (a) the name, address and registration number of the person whose tax liability is estimated,

• (b) the period to which the estimate relates, and

• (c) the amount of tax estimated to be payable in respect of the period referred to in subparagraph (b).

• (2) A notice of an amount of tax assessed in accordance with section 23 of the Act shall contain the following:

• (a) the name, address and registration number of the person whose tax liability or refund is assessed,

• (b) the period to which the assessment relates (in this paragraph referred to as the ‘assessment period’),

• (c) an assessment of the total amount of tax which should have been paid or the total amount of tax (including, where appropriate, a nil amount) which in accordance with section 20(1) of the Act should have been refunded, as the case may be, in respect of the assessment period,

• (d) the total amount of tax (including, where appropriate, a nil amount) paid by the person or refunded to the person, as the case may be, in respect of the assessment period, and

• (e) the net amount due in respect of the assessment period.

Apportionment

18.

“accounting period” means a period of 12 months ending on 31 December, but if a taxable person customarily makes up accounts for periods of 12 months ending on another fixed date, an accounting period is a period of 12 months ending on that fixed date;

“authorised officer” means a person authorised for the purposes of section 18 of the Act;

“final accounting period” means the period from the end of the previous accounting period to the date that a person ceases to be a taxable person;

“review period” means a period consisting of all the taxable periods which end during an accounting period.

• (2)
• (a) Where a taxable person deducts, in accordance with subsections (1) and (4) of section 12 of the Act, a proportion of the tax borne or payable on the taxable person's acquisition of dual-use inputs for a taxable period, then that proportion of tax deductible by that person for a taxable period is—

• (i) the proportion which—

• (I) correctly reflects the extent to which the dual-use inputs are used for the purposes of that person's deductible supplies or activities, and

• (II) has due regard to the range of that person's total supplies and activities,

for that taxable period,

• (ii) the proportion which was calculated as being the proportion of tax deductible for the review period immediately preceding the taxable period in question,

• (iii) the proportion which that person estimates will—

• (I) correctly reflect the extent to which the dual-use inputs will be used for the purposes of that person's deductible supplies or activities, and

• (II) have due regard to the range of that person's total supplies and activities,

for the review period in which that taxable period ends, or

• (iv) any other proportion of tax deductible which is arrived at in accordance with paragraph (2)(c).

• (b) Where a taxable person estimates a proportion of tax deductible for a taxable period in accordance with subparagraph (a)(iii), then the taxable person is required to submit, at the same time as the return required to be furnished in accordance with section 19(3) of the Act for the taxable period in question, details setting out the basis for that estimate to the office of the Revenue Commissioners which would normally deal with the examination of the records kept by that person in accordance with section 16 of the Act.

• (c) If an authorised officer is satisfied that the proportion of tax deductible, estimated in accordance with subparagraph (a)(iii)—

• (i) does not correctly reflect the extent to which the dual-use inputs will be used for the purposes of the taxable person's deductible supplies or activities, and

• (ii) does not have due regard to the range of that person's total supplies and activities for the review period in which the taxable period ends,

then that officer may direct that taxable person to use a proportion of tax deductible in accordance with clause (i) or (ii) of subparagraph (a) or any other appropriate proportion which that officer agrees with that person.

• (3)
• (a) A taxable person who deducts, in accordance with subsections (1) and (4) of section 12 of the Act, a proportion of the tax borne or payable on the taxable person's acquisition of dual-use inputs is required, at the end of each review period—

• (i) to calculate the proportion of tax deductible for that review period, and

• (ii) to adjust, if necessary in accordance with subparagraph (b), the amount of tax deducted in that review period to ensure that it correctly reflects the extent to which the dual-use inputs were used for the purposes of that person's deductible supplies or activities and had due regard to the range of that person's total supplies and activities for that review period.

• (b) Subject to subparagraph (c), any necessary adjustment under subparagraph (a) is required to be made by way of an increase or decrease, in accordance with the circumstances, in the amount of tax deductible by the taxable person, for—

• (i) the taxable period immediately following the end of the review period, or

• (ii) such later taxable period which is agreed between the taxable person and an authorised officer.

• (c) Where the adjustment under subparagraph (b) relates to the final accounting period of the taxable person concerned, then any necessary adjustment is required to be made by way of an increase or decrease in the amount of tax deductible for the taxable period in which that final accounting period ends. Any such adjustment is required to be made in the return to be furnished in accordance with section 19(3) of the Act in respect of the appropriate taxable period.

• (d) Any increase or decrease in the amount of tax deductible resulting from an adjustment of tax deductible made in accordance with this paragraph, is to be disregarded in calculating the proportion of tax deductible for the review period in which that adjustment was made.

• (4) Where a taxable person adjusts in accordance with paragraph (3) the amount of tax deductible for a review period and subsequent to that adjustment it is established that that adjustment was incorrect, then section 21 of the Act does not apply to any additional liability for tax arising out of the correction of that adjustment but only if—

• (a) that person, or any person acting on his or her behalf, did not act fraudulently or negligently in relation to that adjustment,

• (b) that person submitted, by the due date for submission of the return referred to in paragraph (3)(c), details setting out the basis on which the adjustment was made to the office of the Revenue Commissioners which would normally deal with the examination of the records kept by that person in accordance with section 16 of the Act, and

• (c) that additional liability is not the subject of an assessment of tax under section 23 of the Act.

Valuation of interests in immovable goods

19.

• (a) it is necessary to value an interest in immovable goods for the purposes of section 10(9) of the Act,

• (b) the disposal of such interest consists of or includes the creation of an interest, and

• (c) a rent is payable in respect of the interest so created,

then, the value of such rent to be included in the consideration for the purpose of ascertaining the open market price of the interest disposed of shall, in the absence of other evidence of the amount of that price, be determined in accordance with paragraph (2).

• (2) For the purposes of paragraph (1) the value of the rent concerned is to be determined as follows:

• (a) three-quarters of the annual amount of the rent multiplied by the number of complete years for which rent has been created, or

• (b) the annual amount of the rent multiplied by the fraction of which the numerator is 100 and the denominator is the rate of interest (before deduction of income tax, if any) on the security of the Government which was issued last before the date of the creation of the rent for subscription in the State, and which is redeemable not less than 5 years after the date of issue (allowance having been made in calculating the interest for any profit or loss which will occur on the redemption of the security),

but if the rent payable in respect of the interest so created is less than the unencumbered rent in respect of that interest, then the value of the rent to be included in the consideration for the purpose of ascertaining the open market price of the interest disposed of shall be calculated using the unencumbered rent.

• (3) Where a person having an interest in immovable goods (in this paragraph referred to as the “disponor”) disposes as regards the whole or any part of those goods of an interest which derives from that interest in such circumstances that he or she retains the reversion on the interest disposed of (in this paragraph referred to as the “reversionary interest”), the following provisions apply:

• (a) the value of the reversionary interest shall be ascertained by deducting the value of the interest disposed of from the value of the full interest which the disponor had in the goods or the part thereof disposed of at the time the disposition was made, and

• (b) if, under the terms of the disposition, the interest disposed of is for a period of 20 years or more or is deemed to be for a period of 20 years or more, the value of the reversionary interest shall be disregarded.

Stamps, coupons, tokens and vouchers

20.

• (2) The amount on which tax is chargeable by virtue of section 2(1)(a) of the Act in relation to supplies of goods or services to which section 10(7)(c) of the Act relates shall be the consideration which was disregarded for the purpose of the Act in accordance with section 10(6) of the Act.

Apportionment of consideration

21.

• (2)
• (a) Subject to paragraphs (3) and (4), an individual supply or supplies in a multiple supply may be disregarded by a taxable person for the purpose of the application of section 11(3)(a)(ii) of the Act where the total tax exclusive cost to the taxable person of such supply or supplies does not exceed 50 per cent of the total tax exclusive consideration which the taxable person becomes entitled to receive for that multiple supply or €1, whichever is the lesser.

• (b) Notwithstanding subparagraph (a), an individual supply of a beverage suitable for human consumption on which tax is chargeable at a rate other than the rate specified in section 11(1)(b) of the Act shall not be disregarded.

• (3) Where a multiple supply consists of an individual supply or supplies which a taxable person disregards in accordance with paragraph (2) and one remaining individual supply, then the total consideration which the taxable person is entitled to receive for that multiple supply shall be treated as an amount chargeable at the rate specified in section 11(1) of the Act appropriate to that remaining individual supply.

• (4) Where a multiple supply consists of an individual supply or supplies which a taxable person disregards in accordance with paragraph (2) and more than one remaining individual supply, then the taxable amount referable to the disregarded individual supply as ascertained in accordance with section 11(3)(a)(ii) of the Act shall be treated as an amount chargeable to tax—

• (a) where there is more than one rate applicable to those remaining individual supplies, at the lowest of those rates, and

• (b) in any other case, at the rate applicable to the remaining individual supplies.

Refunds, remissions and relief

Refund of tax

22.

• (a) set out the grounds on which the refund is claimed,

• (b) contain a computation of the amount of the refund claimed, and

• (c) if so required by the Revenue Commissioners, be vouched by the receipts for tax paid and such other documents as may be necessary to prove the entitlement to a refund of the amount claimed.

Refund to foreign traders

23.

• (a) in the case of a person having an establishment in another Member State, produces a certificate from the relevant official department of that Member State that he or she is subject, under the laws of that Member State, to value-added tax referred to in the Sixth Council Directive,

• (b) in the case of a person not established in the territory of the Community, provides proof, in the form of a written document from the relevant official department of the country in which he or she has an establishment, that he or she is engaged in carrying on an economic activity,

• (c) claims a refund, within 6 months of the end of the calendar year in which the tax became chargeable, by completing and lodging the appropriate claim form, provided for that purpose by the Revenue Commissioners, together with the appropriate documentation as specified in subparagraph (d),

• (d) establishes the amount of tax borne by the production of the invoice issued by the supplier or the relevant import documents,

• (e) establishes that he or she is not entitled to repayment of the tax under any other provision of the Act or Regulations, or any other instrument made under statute that is administered by the Revenue Commissioners.

• (2) A claim for a refund under this Regulation shall relate to invoiced purchases of goods and services or to imports made during a period, within a calendar year, of not less than 3 months or a period of not more than one calendar year, but where that claim relates to the remainder of a calendar year a claim for a refund may relate to a period of less than 3 months.

• (3) A person may not make a claim under this Regulation for an amount that is less than—

• (a) €200 where the claim is in respect of a period of less than one calendar year but not less than 3 months,

• (b) €25 where the claim is in respect of a period that represents a full calendar year or the final part of the calendar year.

• (4) The certificate and written document mentioned in subparagraphs (a) and (b) of paragraph (1), respectively, shall each be taken as evidence of the matters contained therein for the purposes of this Regulation only for a period of one year from the date such certificate or such document was issued by the official authorities in the State in which that person is established.

Remission of small amounts of tax

24.

Remission or repayment of tax on fishing vessels and equipment

25.

• (2) A person who—

• (a) establishes to the satisfaction of the Revenue Commissioners that he or she has borne or paid tax on any goods or services specified in paragraph (3), and

• (b) fulfils to the satisfaction of the Revenue Commissioners the conditions specified in paragraph (4),

is entitled to be repaid the tax so borne or paid.

• (3) The goods and services to which paragraph (2) relate are—

• (a) the supply or hire to that person, the importation by that person or the maintenance or repair for that person of a commercial sea-fishing vessel of a gross tonnage of not more than 15 tons, on the acquisition of which he or she received from An Bord Iascaigh Mhara a grant or loan of money,

• (b) the supply or hire to that person, the importation by that person or the repair, modification or maintenance for that person, of goods of the kind specified in the Table to this Regulation for use exclusively in the operation by that person of a commercial sea-fishing vessel of a gross tonnage of not more than 15 tons, on the acquisition of which he or she received from An Bord Iascaigh Mhara a grant or loan of money, or

• (c) the repair or maintenance for that person of a fishing net specified in paragraph (1) for use exclusively for the purposes of his or her commercial sea-fishing business.

• (4) The conditions to be fulfilled are that the person specified in paragraph (2)—

• (a) claims a refund of tax by completing such claim form as may be provided for that purpose by the Revenue Commissioners,

• (b) produces sufficient documentary evidence to establish that the outlay in relation to which his or her claim for a refund of tax arises was incurred in the operation by him or her of a vessel specified in paragraph (3) for the purposes of a commercial sea-fishing business,

• (c) produces either an invoice provided in accordance with section 17(12)(a)(ii) of the Act or a receipt for tax paid on goods imported to establish the amount of tax borne or paid in relation to the outlay referred to in paragraph (3),

• (d) produces a certificate from An Bord Iascaigh Mhara, or such other documentary evidence acceptable to the Revenue Commissioners, to establish that the outlay in relation to which his or her claim for a refund of tax arises relates to a commercial sea-fishing vessel in respect of which he or she qualified for financial assistance by grant or loan from An Bord Iascaigh Mhara,

• (e) is not, or is not required to be, registered for tax in accordance with section 9 of the Act.

TABLE

	Anchors, autopilots, bilge and deck pumps, buoys and floats, compasses, cranes, echo graphs, echo sounders, electrical generating sets, fish boxes, fish finders, fishing baskets, life boats and life rafts, marine lights, marine engines, net drums, net haulers, net sounders, radar apparatus, radio navigational aid apparatus, radio telephones, refrigeration plant, trawl doors, trawl gallows, winches.

Relief for stock-in-trade held at commencement of taxability

26.

• (a) to keep detailed records of all stock-in-trade held at the commencement of the first taxable period for which he or she is deemed to be a taxable person (in this Regulation referred to as the “relevant day”), and

• (b) to so keep those records under the headings set out in paragraph (2).

• (2) The following are the headings for the purposes of paragraph (1):

• (a) stocks supplied to the taxable person concerned by other taxable persons and in respect of which, if supplied immediately before the relevant day, tax would be chargeable on the full amount of the consideration at the rate specified in section 11(1)(a) of the Act,

• (b) stocks supplied to the taxable person concerned by other taxable persons and in respect of which, if supplied immediately before the relevant day, tax would be chargeable on the full amount of the consideration at the rate specified in section 11(1)(d) of the Act,

• (c) agricultural produce supplied by flat-rate farmers, and

• (d) stocks, other than stocks referred to in subparagraph (c), in respect of which, if supplied immediately before the relevant day, tax would not be chargeable or would be chargeable at the zero rate.

• (3)
• (a) The total amount of the deduction to which the taxable person concerned is entitled in respect of stocks specified in subparagraph (a) or (b) of paragraph (2) shall be calculated by the formula:

	(A - B)	×	C
			100 + C

where—

A is the value of stocks specified in subparagraph (a) or (b) of paragraph (2), as the case may be, which is calculated on the basis of cost inclusive of tax, or market value, whichever is the lower,

B is the value of the stocks referred to in A in respect of which an invoice issued in accordance with section 17 of the Act has been, or is likely to be, received on or after the relevant day, and

C is the percentage rate of tax, applicable on the day before the relevant day, as specified in section 11(1)(a) of the Act in respect of stocks referred to in paragraph (2)(a) and section 11(1)(d) of the Act in respect of stocks referred to in paragraph (2)(b).

• (b) The deduction to which the taxable person concerned is entitled in respect of stocks specified in paragraph (2)(c) shall be determined by the formula:

(D - E) × F

where—

D is the value of stocks specified in paragraph (2)(c) which is calculated on the basis of cost inclusive of tax, or market value, whichever is the lower,

E is the value of the stocks referred to in D in respect of which an invoice issued in accordance with section 17 of the Act has been, or is likely to be, received on or after the relevant day, and

F is the percentage rate of flat-rate addition applicable on the day before the relevant day, specified in section 12A(1) of the Act.

• (4) A detailed record must be kept of the relief, claimed under this Regulation, which is included in a return made in accordance with section 19(3) of the Act.

Exemption of certain business gifts

27.

Special schemes

Investment gold - records of transactions

28.

• (2) Every person who trades in investment gold is required to keep full and true records entered up to date of—

• (a) in relation to supplies of investment gold, the name of each person to whom the investment gold is supplied, the amount receivable from each such person in respect of such supplies and a cross-reference to the relevant invoices or documents which issued in respect of such supplies,

• (b) in relation to purchases of investment gold, the name of each person from whom the investment gold is purchased, the purchase price of the investment gold and a cross-reference to the relevant invoices or documents which were received in respect of such purchases,

• (c) in relation to importations of investment gold, the value of the investment gold determined in accordance with section 15 of the Act in respect of each importation, the purchase price of the investment gold imported and a cross-reference to the invoices and customs documents used in connection with such importations,

• (d) in relation to intra-Community acquisitions of investment gold, the name of the person from whom the investment gold is acquired, the purchase price of the investment gold and a cross-reference to the relevant invoices which were received in respect of such acquisitions,

• (e) in relation to the supply of intermediary services, the name of each person to whom the service is supplied, the amount receivable in respect of the supply and a cross-reference to the relevant invoices or documents which issued in respect of the supply of such services,

• (f) in relation to intermediary services received, the name of the intermediaries, the amount payable in respect of the supply of the services and a cross-reference to the relevant invoices or documents which were received in respect of such services,

• (g) in relation to discounts allowed or price reductions made to a person subsequent to the issue of an invoice or other document to such person, the amount credited to such person and, except in a case to which section 17(9)(a) of the Act applies, a cross-reference to the corresponding credit note,

• (h) in relation to discounts or price reductions received from taxable persons subsequent to the receipt of invoices from such persons, except in a case to which section 17(9)(a) of the Act applies, the amount of the discount or price reduction and corresponding tax received from each such person and a cross-reference to the corresponding credit note,

• (i) in relation to discounts or price reductions received from persons who are not taxable persons, the amount of the discount or price reduction and a cross-reference to the document which was received in respect of such discount or price reduction, and

• (j) in relation to bad debts written off, particulars of the name and address of the debtor, a description of the supply of investment gold to which the debt relates, the date or dates upon which the debt was incurred and the date or dates on which the debt was written off.

• (3) Regulation 8(1) does not apply in relation to transactions in investment gold.

Investment gold - waiver of exemption

29.

• (a) his or her name, address and registration number (if any), and

• (b) a declaration stating that he or she produces investment gold or transforms any gold into investment gold and that he or she supplies or intends to supply investment gold to other persons engaged in the supply of goods and services in the course or furtherance of business.

• (2) Where they are satisfied that it is appropriate to do so for the proper administration of the tax, the Revenue Commissioners shall authorise the applicant to waive in accordance with section 6A(3) of the Act, his or her right to exemption from tax on a supply of investment gold.

• (3) A person, authorised in accordance with paragraph (2) in respect of a supply of investment gold to another person shall, in relation to that supply, issue to that other person an invoice showing the following particulars—

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

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

• (c) his or her full name, address and registration number,

• (d) the full name, address and registration number of the person to whom the investment gold is being supplied,

• (e) in the case of a supply of investment gold to—

• (i) a person in another Member State, that person's value-added tax identification number (if any) in that Member State,

• (ii) a person outside the Community, an indication of the type of business being carried on by that person,

• (f) a description of the investment gold including, where applicable, form, weight, quantity, purity and any other distinguishing features,

• (g) the date of supply of the investment gold,

• (h) the total consideration, exclusive of tax, receivable in respect of the supply,

• (i) the rate or rates of tax and the amount of tax at each rate chargeable in respect of the supply of the investment gold, and

• (j) an endorsement stating “The right to exemption from tax has been waived in respect of this supply and the person to whom the investment gold is being supplied is liable for the tax chargeable on the supply in accordance with section 6A(5) of the Value-Added Tax Act 1972 ” or words to that effect.

• (4) Where a person is authorised to waive, in accordance with paragraph (2), his or her right to exemption from tax on supplies of investment gold, an intermediary, who supplies services in respect of those supplies of investment gold and who wishes to waive his or her right to exemption from tax in respect of those services, is required to apply to the Revenue Commissioners for authorisation to do so and to furnish them with the following particulars—

• (a) his or her name, address and registration number (if any), and

• (b) a declaration stating that he or she supplies services in respect of the supply of investment gold.

• (5) Where they are satisfied that it is appropriate to do so for the proper administration of the tax, the Revenue Commissioners shall authorise the intermediary referred to in paragraph (4) to waive, in accordance with section 6A(4) of the Act, his or her right to exemption from tax, on the supply of a service in respect of the supply of investment gold for which the supplier of such investment gold has waived his or her right to exemption from tax in accordance with section 6A(3) of the Act.

• (6) An intermediary, authorised in accordance with paragraph (5) in respect of the supply of investment gold to another person shall, in relation to that supply, issue to that other person an invoice showing the following particulars—

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

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

• (c) his or her full name, address and registration number,

• (d) the full name, address and registration number (if any) of the person on whose name and account he or she is acting in respect of the supply of investment gold, and where that person is in another Member State, that person's value-added tax identification number (if any) in that Member State,

• (e) a description of the services being supplied in respect of the supply of investment gold,

• (f) the date of the supply of the services,

• (g) the total consideration, exclusive of tax, receivable in respect of the supply of the services,

• (h) the rate of tax and the amount of tax chargeable in respect of the supply of the services, and

• (i) an endorsement stating “The right to exemption from tax has been waived in respect of this supply” or words to that effect.

• (7) Where the right to exemption from tax has been waived, in respect of a supply of investment gold or the supply of services relating to the supply of investment gold, that waiver shall be irrevocable for that supply.

Investment gold - refunds of tax

30.

• (a) by completing such claim form as may be provided for that purpose by the Revenue Commissioners and certifying that the particulars shown on such claim form are correct,

• (b) by establishing the amount of tax borne by production, where requested to do so by the Revenue Commissioners, of invoices or import documents, and

• (c) by establishing that such person is not entitled to repayment of the tax under any other provision of the Act, any Regulations made thereunder or of any other Act or instrument made under statute administered by the Revenue Commissioners.

Special scheme for means of transport

31.

“taxable dealer” and “means of transport” have the meanings assigned to them by section 12B(3) of the Act;

“residual tax” has the meaning assigned to it by section 12B(4) of the Act.

• (2) A taxable dealer shall deduct residual tax in accordance with section 12(1)(a)(vi) of the Act in respect of the acquisition or purchase of a means of transport from a person specified in paragraph (a), (aa) or (b) of section 12B(2) of the Act, subject to the following conditions:

• (a) that the dealer prepares a document which sets out all the particulars specified in paragraph (3) in respect of the transaction in question,

• (b) that the document referred to at subparagraph (a) is signed and dated by the person who is supplying the means of transport concerned, acknowledging the accuracy of the details therein and declaring that that person is a person of the type referred to in paragraph (a), (aa) or (b) of section 12B(2) of the Act, and

• (c) that the dealer gives to the person who is supplying the means of transport concerned a copy of the completed document referred to at subparagraphs (a) and (b) within 15 days of the date of the acquisition or purchase of that means of transport.

• (3) The particulars in respect of the means of transport concerned which are to be included in the document referred to in paragraph (2) are as follows:

• (a) the name and address of the person who is supplying that means of transport,

• (b) the name and address of the taxable dealer who is purchasing or acquiring that means of transport,

• (c) a description of that means of transport, including details of the make, model, engine number, registration number and year of manufacture,

• (d) the date on which the supply of that means of transport takes place, and

• (e) the total consideration for the supply of that means of transport.

• (4) A taxable dealer shall deduct residual tax in accordance with section 12(1)(a)(vi) of the Act in respect of the acquisition or purchase of a means of transport from a person specified in section 12B(2)(c) of the Act, subject to the condition that such dealer is in possession of an invoice issued by that person in accordance with sections 12B(5) and 17(1) of the Act.

• (5) A taxable dealer shall deduct residual tax in accordance with section 12(1)(a)(vi) of the Act in respect of the acquisition or purchase of a means of transport from a person specified in section 12B(2)(d) of that Act, subject to the condition that such dealer is in possession of an invoice issued by that person which indicates that the supply by that person was subject to value-added tax in accordance with the provisions implementing Article 26a or 28o of the Sixth Council Directive in the Member State in which the supply took place.

• (6) An invoice issued in accordance with sections 12B(5) and 17(1) of the Act shall show the endorsement “Special Scheme - this invoice does not give the right to an input credit of VAT” or words to that effect.

• (7) A taxable dealer shall keep full and true records entered up to date of the acquisition and disposal of a means of transport, in respect of which that dealer has deducted residual tax in accordance with section 12(1)(a)(vi) of the Act, together with appropriate cross-references between all such records.

Antique furniture, silver, glass and porcelain

32.

• (i) in the case of furniture, any article being movable goods which have been manufactured wholly or mainly from wood, metal (other than silver), marble or other stone, or any combination thereof, and which were designed for use as furnishings, fitments or decoration for private, commercial or public buildings, or for gardens, and which is not covered by paragraph (xvi) of the Sixth Schedule to the Act,

• (ii) in the case of silver, any article manufactured wholly or mainly from silver, not being jewellery, coins, medals, ingots or bars,

• (iii) in the case of glass, any article manufactured wholly or mainly from glass, including mirrors, chandeliers and leaded or stained glass windows,

• (iv) in the case of porcelain, any article being a cup, saucer, bowl, plate, dish, jug, vase, pot, urn or similar goods, or a statue or statuary (other than an article to which paragraph (xvi)(c) of the Sixth Schedule to the Act relates), manufactured wholly or mainly from porcelain, china, terracotta, clay, ceramics or similar materials, or any combination thereof.

• (b) Evidence that the antiques referred to in subparagraph (a) are more than 100 years old shall consist of—

• (i) a certificate issued by a member of the Irish Antique Dealers' Association, or of an equivalent trade association recognised by the Revenue Commissioners for the purpose of issuing such a certificate,

• (ii) a certificate issued by or on behalf of the National Museum of Ireland,

• (iii) a statutory declaration made by a person recognised, for the purpose of making such a declaration, as a connoisseur by the Revenue Commissioners in respect of articles of the types concerned,

• (iv) in the case of imported goods, a certificate, declaration or other document issued or made under the laws of the country of exportation which in the opinion of the Revenue Commissioners correspond to a certificate issued under clause (i) or (ii) or a statutory declaration made under clause (iii), or

• (v) an invoice issued in accordance with paragraph (4) or a certification made in accordance with paragraph (5).

• (2) Antiques which meet the requirements of paragraph (1) and which are not supplied—

• (a) by a taxable dealer in accordance with subsection (3) or (8) of section 10A of the Act, or

• (b) by an auctioneer within the meaning of section 10B and in accordance with subsection (3) of that section,

shall be referred to as “Sixth Schedule antiques” for the purpose of this Regulation.

• (3) A non-taxable person who supplies Sixth Schedule antiques to a taxable person who is acquiring such antiques for resale shall, on the date of such supply or within 10 days of that date, issue to the taxable person who acquires the antiques a document in respect of that supply and the taxable dealer to whom the antiques are supplied shall provide the form for that purpose, setting out the following particulars:

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

• (b) the name and address of the person who is supplying the goods to which the document relates,

• (c) the name, address, and registration number of the said taxable person,

• (d) a description of the goods including details of the quantity, type, apparent material of construction, possible origin and identifying features,

• (e) the date on which the goods to which the document relates are supplied,

• (f) the consideration for the supply, and

• (g) the acknowledgement of the person by whom the document is issued,

and the taxable person shall give a copy of the document to the supplier of the goods.

• (4) A taxable person who supplies Sixth Schedule antiques to another taxable person shall include on the invoice concerned, which he or she is required to issue in accordance with section 17(1) of the Act, a declaration to the effect that the antiques are more than 100 years old.

• (5) A taxable person who supplies Sixth Schedule antiques to a non-taxable person shall, for the purposes of paragraph (6), certify in writing in respect of each such supply that the said antiques are more than 100 years old.

• (6) Every taxable person shall, in relation to antiques which he or she has acquired or supplied, keep full and true records entered up to date, of the acquisition and resale of such goods, together with cross-references between all such records, the relevant document issued in accordance with paragraph (3), the relevant invoice issued in accordance with paragraph (4) and the certification made in accordance with paragraph (5).

Retail Export Scheme

33.

• (2) The application of the rate of zero per cent to a supply of goods or services specified in section 13(1A) of the Act is subject to the following conditions:

• (a) that the supplier keeps a record of the details of documentary proof inspected by him or her confirming that the purchaser was a traveller,

• (b) that at the time of supply, the supplier issues an invoice to the traveller showing the following details:

• (i) the date on which the invoice is issued,

• (ii) the name, address and registration number of the supplier,

• (iii) the name and address of the traveller,

• (iv) a description of the goods supplied,

• (v) the amount payable by the traveller at the time of the sale of the goods,

• (vi) the tax charged, if any, and

• (vii) the exchange rate or method to be used in determining the exchange rate, if repayment of the tax is to be made to the traveller by the supplier in a currency other than the euro,

• (c) that the traveller signs the completed invoice referred to at subparagraph (b),

• (d) that the notification of the charges made by the supplier, referred to in section 13(1A)(iii) of the Act, is made at the latest—

• (i) where the goods are exported by the traveller, at the time of the handing over of those goods to the traveller,

• (ii) where the goods are exported on behalf of the traveller, at the time when those goods are supplied to the traveller,

and where an amount is charged to the traveller for procuring a repayment of tax or arranging for the zero-rating of the supply, such amount does not exceed the amount notified in accordance with the said section 13(1A)(iii),

• (e) that the time limit for making a repayment to the traveller, referred to in section 13(1A)(ii) of the Act, is not later than the twenty-fifth working day following the receipt by the supplier of the traveller's claim to repayment,

• (f) that the supplier keeps a copy of the invoice issued in accordance with subparagraph (b), signed by the traveller, and keeps a record in relation to each invoice of—

• (i) the net amount (being the amount of tax charged to the traveller minus any commission or fee charged by the supplier to the traveller in respect of the transaction in question) repaid by the supplier to the traveller in respect of the supply in question, expressed in the currency in which the repayment was made,

• (ii) where appropriate, the exchange rate used,

• (iii) the date and method of such repayment, and

• (iv) proof in accordance with paragraph (3) that the goods were exported by or on behalf of the traveller.

• (3) Where the goods—

• (a) are exported by the traveller, the proof of export of the goods required shall be the invoice issued in accordance with paragraph 2(b) in respect of that supply, certified—

• (i) by an officer of the Revenue Commissioners assigned to a customs office in the State,

• (ii) where the goods have been exported via another Member State of the Community, by a customs officer in that Member State, or

• (iii) in such other manner as the Revenue Commissioners may deem acceptable for the purpose,

• (b) are exported on behalf of the traveller, the proof of export of the goods shall take the form of documentary evidence of export, certified—

• (i) by an officer of the Revenue Commissioners assigned to a customs office in the State, or

• (ii) where the goods are exported from another Member State of the Community, by a customs officer in that Member State.

Miscellaneous supplies

Supply of certain services

34.

• (2) This Regulation does not apply to any such supplies as are referred to in paragraph (1) if the total cost of providing them has not exceeded and is not likely to exceed the amount specified in section 8(3)(e) of the Act in any continuous period of 12 months, unless the person supplying the services referred to in paragraph (1) elects to be a taxable person in respect of those supplies.

Free ports

35.

• (2)
• (a) Subject to subparagraph (b), goods that are imported by a registered person may be delivered or removed directly to a free port without payment of the tax chargeable on the importation if that person—

• (i) shows to the satisfaction of the Revenue Commissioners that—

• (I) he or she has been granted a licence under section 4 of the Free Ports Act 1986 (No. 6 of 1986) authorising him or her to carry on within that free port any trade, business or manufacture, and

• (II) the goods are being imported for the purposes of his or her trade, business or manufacture in that free port,

and

• (ii) complies with such other conditions as the Revenue Commissioners may impose.

• (b) This paragraph does not apply to the importation of food, drink, motor vehicles or petrol except where tax on the importation of those goods would, if it were paid, be wholly deductible under section 12 of the Act.

• (3)
• (a) Except in accordance with subparagraph (b), goods which have been imported without payment of the tax in accordance with paragraph (2) may not be removed from the free port concerned to any other part of the State (other than into another free port or the customs-free airport), unless such removal is in relation to a supply of those goods and is not a supply between the supplier and —

• (i) a person who exercises control over the supplier,

• (ii) a person over whom the supplier exercises control, or

• (iii) a person over whom the supplier and another person exercise control.

• (b) Goods in a free port whose removal from that free port is precluded by subparagraph (a) may be so removed with the prior agreement in writing of the Revenue Commissioners in such exceptional cases as may be determined by them. Where such removal is allowed, tax which would, but for this Regulation, have been payable on the importation of the goods, is payable at the time of that removal by the supplier.

Intra-Community acquisitions - certain new means of transport

36.

“new aircraft” means a new means of transport other than a motorised land vehicle or a vessel;

“new vessel” means a new means of transport other than a motorised land vehicle or an aircraft.

• (2) Where a person makes an intra-Community acquisition of a new aircraft or a new vessel, in respect of which he or she is not entitled to a deduction of tax under section 12 of the Act, the person is required to—

• (a) complete such form as may be provided by the Revenue Commissioners for the purpose of this paragraph,

• (b) provide such further documentation in support of the details provided on the form as the Revenue Commissioners may request,

• (c) certify that the particulars and documentation provided are true and accurate,

• (d) not later than 3 days after the arrival of the aircraft or vessel, furnish to the Revenue Commissioners the completed form and supporting documentation referred to in subparagraphs (a) and (b) and at the same time pay to the Revenue Commissioners the amount of tax due, and

• (e) if requested to do so, make the new aircraft or the new vessel, as appropriate, available for inspection in the State by an officer of the Revenue Commissioners.

Imported goods

37.

• (2) Section 29(7) of the Finance Act 1978 (No. 21 of 1978) applies in relation to tax payable at importation with the modification that the reference to goods entered for home use shall be deemed to include a reference to imported goods entered for free circulation.

• (3) Legislation relating to customs adopted by the European Communities concerning the placing of goods under—

• (a) arrangements for temporary importation with total exemption from customs duty,

• (b) external transit arrangements,

• (c) temporary storage arrangements,

• (d) free zone or free warehouse arrangements,

• (e) customs warehousing arrangements,

• (f) inward processing (suspension) arrangements,

• (g) arrangements for processing under customs control, or

• (h) arrangements for the admission of goods into territorial waters in connection with drilling or production platforms,

shall only apply in relation to tax chargeable at importation where, and for such time as, goods are held under those arrangements for the purpose of compliance with and implementation of the Community rules relating to customs.

• (4) Without prejudice to paragraph (3), legislation relating to customs adopted by the European Communities concerning suspension of customs duties, reduction in customs duties, or repayment or remission of customs duties does not apply to tax chargeable at importation.

Supplies for onboard consumption

38.

• (2) The conditions which apply for the purposes of paragraph (ia) of the Second Schedule to the Act are that the food, drink and tobacco products must be supplied—

• (a) in the case of excisable products, in such form, manner and quantities as may be permitted by the Revenue Commissioners in respect of relief from excise duty, and

• (b) in the case of food and drink other than drink to which paragraph (a) applies—

• (i) from outlets on board vessels or aircraft approved by the Revenue Commissioners, and

• (ii) in such form and quantity as renders it suitable to be consumed by passengers while on board such vessels or aircraft.

Administration and general

Determination in regard to tax

39.

• (2) A determination shall—

• (a) be in writing,

• (b) contain the particulars of the determination,

• (c) be signed by the officer making the determination, and

• (d) specify the date as on and from which the determination has effect.

• (3) Determinations concerning 2 or more matters may be included in the same document.

Disclosure of information to the Revenue Commissioners

40.

Death, bankruptcy or liquidation

41.

Service of notices

42.

Nomination of officers

43.

Revocations

44.

SCHEDULE

Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 )

Value-Added Tax (Remission and Repayment of Tax on Certain Importations) Regulations 1985 ( S.I. No. 344 of 1985 )

Value-Added Tax (Free Ports) Regulations 1987 ( S.I. No. 275 of 1987 )

Value-Added Tax (Furniture, Silver, Glass and Porcelain) Regulations 1989 ( S.I. No. 304 of 1989 )

Value-Added Tax (Monthly Control Statement) Regulations 1992 ( S.I. No. 230 of 1992 )

Value-Added Tax (Invoices and other Documents) Regulations 1992 ( S.I. No. 275 of 1992 )

Value-Added Tax (Time Limits for Issuing Certain Documents) Regulations 1992 ( S.I. No. 276 of 1992 )

Value-Added Tax (Determination in Regard to Tax) Regulations 1992 ( S.I. No. 278 of 1992 )

Value-Added Tax (Determination of Tax Due by Reference to Moneys Received) Regulations 1992 ( S.I. No. 306 of 1992 )

Value-Added Tax (Imported Goods) Regulations 1992 ( S.I. No. 439 of 1992 )

Value-Added Tax (Imported Goods) (No. 2) Regulations 1992 ( S.I. No. 440 of 1992 )

Value-Added Tax (Registration) Regulations 1993 ( S.I. No. 30 of 1993 )

Value-Added Tax (Statement of Intra-Community Supplies) Regulations 1993 ( S.I. No. 54 of 1993 )

Value-Added Tax (Payment of Tax on Intra-Community Acquisitions of Certain New Means of Transport) Regulations 1993 ( S.I. No. 248 of 1993 )

Value-Added Tax (Determination of Tax Due by Reference to Moneys Received) (Amendment) Regulations 1994 ( S.I. No. 259 of 1994 )

Value-Added Tax (Special Scheme for Means of Transport: Documentation) Regulations 1996 ( S.I. No. 201 of 1996 )

Value-Added Tax (Retail Export Scheme) Regulations 1998 ( S.I. No. 34 of 1998 )

Value-Added Tax (Waiver of Exemption) (Amendment) Regulations 1998 ( S.I. No. 228 of 1998 )

Value-Added Tax (Valuation of Interests in Immovable Goods) (Amendment) Regulations 1998 ( S.I. No. 482 of 1998 )

Value-Added Tax (Electronic Data Exchange and Storage) (Amendment) Regulations 1998 ( S.I. No. 488 of 1998 )

Value-Added Tax (Invoices and Other Documents) (Amendment) Regulations 1998 ( S.I. No. 489 of 1998 )

Value-Added Tax (Supply of Food, Drink and Tobacco Products on board Vessels or Aircraft for onboard Consumption) Regulations 1999 ( S.I. No. 197 of 1999 )

Value-Added Tax (Records of Transactions in Investment Gold) Regulations 1999 ( S.I. No. 439 of 1999 )

Value-Added Tax (Waiver of Exemption on Supplies of, and Supplies relating to, Investment Gold) Regulations 1999 ( S.I. No. 440 of 1999 )

Value-Added Tax (Refund of Tax to Persons making Exempt Supplies of Investment Gold) Regulations 1999 ( S.I. No. 441 of 1999 )

Value-Added Tax (Agricultural Machinery) (Documentation) Regulations 1999 ( S.I. No. 443 of 1999 )

Value-Added Tax (Cancellation of Election of Registration in respect of Sixth Schedule Accommodation) Regulations 2000 ( S.I. No. 253 of 2000 )

Value-Added Tax (Apportionment) Regulations 2000 ( S.I. No. 254 of 2000 )

Value-Added Tax (Estimation of Tax Payable and Assessment of Tax Payable or Refundable) Regulations 2000 ( S.I. No. 295 of 2000 )

Value-Added Tax (Imported Goods) (Amendment) Regulations 2001 ( S.I. No. 628 of 2001 )

Value-Added Tax (Amendment) (Property Transactions) Regulations 2002 ( S.I. No. 219 of 2002 )

Value-Added Tax (Returns) Regulations 2002 ( S.I. No. 267 of 2002 )

Value-Added Tax (Electronic Invoicing and Storage) Regulations 2002 ( S.I. No. 504 of 2002 )

Value-Added Tax (Waiver of Exemption) (Letting of Immovable Goods) Regulations 2003 ( S.I. No. 504 of 2003 )

Value-Added Tax (Invoices and other Documents) (Amendment) Regulations 2003 ( S.I. No. 723 of 2003 )

Value-Added Tax (Short-Term Guest Sector or Holiday Sector) Regulations 2005 ( S.I. No. 321 of 2005 )

Value-Added Tax (Amendment) Regulations 2006 ( S.I. No. 198 of 2006 ).

	Given this 13th day of October 2006
	Josephine Feehily Revenue Commissioner

The Minister for Finance consents to the making of Regulations 5, 25, 31, 32, 33, 35 and 37 of the foregoing Regulations.

	GIVEN under the Official Seal of the Minister for Finance, 26 October 2006.
	Brian Cowen Minister for Finance

Value-Added Tax Regulations 2006

Explanatory Note

Commencement And Interpretation

1. Citation and commencement

This Regulation contains the provisions relating to title and commencement.

2. Interpretation

This is a definitions Regulation.

Taxable Person

3. Election to be a taxable person and cancellation of such election

This is a modernisation of Regulation 3 of the 1979 Regulations ( S.I. No. 63 of 1979 ) and incorporates the relevant part of Regulation 3 of Value-Added Tax (Registration) Regulations 1993 ( S.I. No 30 of 1993 ) and the provisions of the Value-Added Tax (Cancellation of Election of Registration in respect of Sixth Schedule Accommodation) Regulations 2000 ( S.I. No. 253 of 2000 ).

This Regulation deals with the procedures relating to an election to be a taxable person, the cancellation of such election and the cancellation of a registration at the request of a taxable person whose turnover falls below the registration thresholds. No new obligations have been imposed by this Regulation.

4. Waiver of exemption

This is a modernisation of the Value-Added Tax (Waiver of Exemption) (Letting of Immovable Goods) Regulations 2003 ( S.I. No. 504 of 2003 ).

This Regulation deals with the conditions and procedures which a person must comply with if he or she wishes to waive his or her right to exemption from tax on the short-term letting of immovable goods. It also deals with the provisions relating to the backdating and the cancellation of that waiver. No new obligations have been imposed by this Regulation.

5. Lettings in the short-term guest sector or holiday sector

This is a re-statement of the Value-Added Tax (Short-Term Guest Sector or Holiday Sector) Regulations 2005 ( S.I. No. 321 of 2005 ).

This Regulation specifies what lettings are treated as being in the short-term guest sector or holiday sector for the purpose of applying the reduced rate of VAT. No changes have been made to this Regulation.

6. Groups

This is a modernisation of Regulation 5 of the 1979 Regulations ( S.I. No. 63 of 1979 ).

This Regulation caters for the formalities to be observed where a number of linked companies wish to be grouped for VAT purposes. Many of the details in Regulation 5 of the 1979 Regulations, which was entitled “Treatment of two or more taxable persons as a single taxable person”, have been deleted as they are provided for in section 8(8) of the Act. No new obligations have been imposed by this Regulation.

7. Registration

This is a modernisation of the Value-Added Tax (Registration) Regulations 1993 ( S.I. No. 30 of 1993 ).

This Regulation sets out the procedures to be followed in relation to registration. It also covers cancellation of a registration when the taxable person ceases to trade. No new obligations have been imposed by this Regulation.

Record Keeping

8. Accounts

This is a modernisation of Regulation 9 of the 1979 Regulations ( S.I. No. 63 of 1979 ).

This Regulation deals with the type of records and accounts that are required to be kept by taxable persons. Some of the amendments to this Regulation are to cater for requirements necessitated by changes in the law since 1979, such as the need to keep records in relation to intra-Community acquisitions, reverse charge transactions and “supply and install” transactions. In addition this Regulation requires a taxable person to keep a record of the date or dates on which a debt is written off.

9. Invoices and other documents

This is a modernisation of the Value-Added Tax (Invoices and other Documents) Regulations 1992 ( S.I. No. 275 of 1992 ) as amended by the Value-Added Tax (Invoices and other Documents) (Amendment) Regulations 2003 ( S.I. No. 723 of 2003 ), but excluding the provisions for flat-rate farmers which have now been included in a separate Regulation (see Regulation 11 below).

This Regulation deals with the provisions relating to the issuing of invoices, credit notes, debit notes etc. It also provides for a mechanism for simplified invoicing arrangements. No new obligations have been imposed on the taxable person in this Regulation.

10. Electronic invoicing

This is a modernisation of the Value-Added Tax (Electronic Invoicing and Storage) Regulations 2002 ( S.I. No. 504 of 2002 ).

This Regulation deals with the issuing of invoices and other documents by electronic means and sets out the conditions and the system specifications required in order for those invoices etc. to be valid for VAT purposes. No new obligations have been imposed on the taxable person in this Regulation.

11. Invoicing provisions for flat-rate farmers

This is a modernisation of the flat-rate farmer provisions in the Value-Added Tax (Invoices and other Documents) Regulations 1992 ( S.I. No. 275 of 1992 ) as amended by the Value-Added Tax (Invoices and other Documents) (Amendment) Regulations 2003 ( S.I. No. 723 of 2003 ) and also includes the invoicing provisions relating to agricultural machinery in the Value-Added Tax (Agricultural Machinery) (Documentation) Regulations 1999 ( S.I. No. 443 of 1999 ).

This Regulation deals with the provisions relating to the issuing of invoices, credit notes, debit notes etc. by flat-rate farmers for agricultural produce and services and agricultural machinery. No new obligations have been imposed by this Regulation.

12. Time limits for issuing invoices and credit notes

This is a modernisation of the Value-Added Tax (Time Limits for Issuing Certain Documents) Regulations 1992 ( S.I. No. 276 of 1992 )

This Regulation sets out the time limits for the issue of invoices and credit notes. No new obligations have been imposed by this Regulation.

13. Returns

This is a modernisation of the Value-Added Tax (Returns) Regulations 2002 ( S.I. No. 267 of 2002 ) and incorporates the provisions of Taxes (Electronic Transmission of Certain Revenue Returns) (Specified Provisions and Appointed Day) Order 2000 ( S.I. No. 289 of 2000 ) insofar as they apply to VAT.

This Regulation requires a taxable person to furnish the details requested on a VAT return. Those details may be furnished by the taxable person or another person acting under the authority of that taxable person. No new obligations have been imposed on the taxable person in this Regulation.

14. Statement of intra-Community supplies

This is a modernisation of the Value-Added Tax (Statement of Intra-Community Supplies) Regulations 1993 ( S.I. No. 54 of 1993 ).