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

This Regulation sets out the particulars required on statements of intra-Community supplies (VIES). The Regulation also specifies the means by which such statements may be returned to the Revenue Commissioners and the frequency of such returns. No new obligations have been imposed by this Regulation.

Tax Due And Payable

15. Determination of tax due by reference to moneys received

This is a modernisation of the Value-Added Tax (Determination of Tax Due by Reference to Moneys Received) Regulations 1992 ( S.I. No. 306 of 1992 ) as amended by the Value-Added Tax (Determination of Tax Due by Reference to Moneys Received) (Amendment) Regulations 1994 ( S.I. No. 259 of 1994 ).

This Regulation sets out the terms and conditions relating to the operation of the moneys received basis of accounting. No new obligations have been imposed by this Regulation.

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

This is a modernisation of Regulation 8 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation deals with the adjustments to be made where the consideration received is less than the chargeable amount for any supply, e.g. in the case of discounts, price reductions etc. or in the case of bad debts. No new obligations have been imposed by this Regulation.

17. Estimates and assessments

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

This Regulation deals with estimates and assessments of tax due and payable in accordance with sections 22 and 23 of the Act. No new obligations have been imposed by this Regulation.

18. Apportionment

This is a modernisation of the Value-Added Tax (Apportionment) Regulations 2000 ( S.I. No. 254 of 2000 ).

This Regulation deals with the proportion of tax deductible in relation to inputs which are used for both taxable and non-taxable transactions and the adjustment of that proportion over a review period. No new obligations have been imposed by this Regulation.

19. Valuation of interests in immovable goods

This is a modernisation of Regulation 19 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ) as amended by Value-Added Tax (Valuation of Interests in Immovable Goods) (Amendment) Regulations 1998 ( S.I. No. 482 of 1998 ) and Regulation 4 of Value-Added Tax (Amendment) (Property Transactions) Regulations 2002 ( S.I. No. 219 of 2002 ).

This Regulation deals with the method of calculating the capital value of a lease of ten years or more. No new obligations have been imposed by this Regulation.

20. Stamps, coupons, tokens and vouchers

This is a modernisation of Regulations 32 and 33 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ). Those two Regulations have now been amalgamated into one Regulation.

This Regulation deals with the amount chargeable on supplies of certain stamps, coupons, tokens or vouchers and the amount chargeable when they are redeemed. The substance of the Regulation is new and provides that the taxable amount of the goods when redeemed is the consideration which was disregarded in accordance with section 10(6) of the Act. This reflects the ECJ jurisprudence in this area.

21. Apportionment of consideration

This Regulation replaces Regulation 34 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

The substance of the Regulation is new. It deals with the circumstances and conditions under which a taxable person may disregard an individual supply or supplies in a multiple supply and the manner in which the consideration for such a multiple supply must be treated as regards the rate or rates of taxation to apply.

Refunds, Remissions and Relief

22. Refund of tax

This is a re-statement of Regulation 17 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation sets out the procedures for claiming a refund of tax. No changes have been made to this Regulation.

23. Refund to foreign traders

This is a re-statement of the part of Value-Added Tax (Amendment) Regulations 2006 ( S.I. No. 198 of 2006 ) which updated Regulation 30 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation deals with the refund of tax to foreign traders as provided for under the Eighth and Thirteenth VAT Directives. No changes have been made to this Regulation.

24. Remission of small amounts of tax

This is a re-statement of Regulation 18 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation provides for the remission of negligible amounts of tax at the discretion of the Revenue Commissioners. No changes have been made to this Regulation.

25. Remission or repayment of tax on fishing vessels and equipment

This is a modernisation of Regulation 29 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation sets out the conditions under which an unregistered person can qualify for a refund of tax on commercial sea-fishing vessels and equipment. No new obligations have been imposed by this Regulation.

26. Relief for stock in trade held at commencement of taxability

This is a modernisation of Regulation 22 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation deals with relief for stock-in-trade at the commencement of taxability and sets out how the deduction in respect of such stock must be calculated and recorded. This Regulation has been simplified by the use of formulae, but no new obligations have been imposed.

27. Exemption of certain business gifts

This is a re-statement of Regulation 31 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation provides for an exemption from VAT for business gifts of negligible value. No changes have been made to this Regulation.

Special Schemes

28. Investment gold - records of transactions

This is a modernisation of the Value-Added Tax (Records of Transactions in Investment Gold) Regulations 1999 ( S.I. No. 439 of 1999 )

This Regulation deals with the type of records and accounts that are required to be kept by taxable persons who trade in investment gold. The only change of substance made to this Regulation is the requirement for the taxable person to keep a record of the date or dates on which a bad debt is written off. This is in line with a similar requirement inserted into Regulation 8 of these Regulations.

29. Investment gold - waiver of exemption

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

This Regulation deals with the conditions and procedures for waiving exemption on supplies of investment gold or related intermediary services. No new obligations have been imposed by this Regulation.

30. Investment gold - refunds of tax

This is a re-statement of the Value-Added Tax (Refund of Tax to Persons making Exempt Supplies of Investment Gold) Regulations 1999 ( S.I. No. 441 of 1999 ).

This Regulation sets out the conditions for a refund of tax on the purchase, intra-Community acquisition or importation of gold. No changes have been made to this Regulation.

31. Special scheme for means of transport

This is a modernisation of the Value-Added Tax (Special Schemes For Means Of Transport: Documentation) Regulations 1996 ( S.I. No. 201 of 1996 )

This Regulation specifies the documentation required by a taxable dealer to deduct residual tax in respect of certain second-hand means of transport. No new obligations have been imposed by this Regulation.

32. Antique furniture, silver, glass and porcelain

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

This Regulation specifies the types of antique furniture, silver, glass and porcelain to which the reduced rate of VAT can apply in accordance with paragraph (xvia) of the Sixth Schedule to the VAT Act. No new obligations have been imposed by this Regulation.

33. Retail Export Scheme

This is a modernisation of the Value-Added Tax (Retail Export Scheme) Regulations 1998 ( S.I. No. 34 of 1998 ).

This Regulation sets out the conditions for granting relief of VAT in accordance with section 13 of the Act on goods purchased in the State by non-EU residents or by Irish residents who are taking up residence outside the EU. No new obligations have been imposed by this Regulation.

Miscellaneous Supplies

34. Supply of certain services

This is a re-statement of the part of Value-Added Tax (Amendment) Regulations 2006 ( S.I. No. 198 of 2006 ) which updated Regulation 24 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation deals with the supply by a taxpayer free of charge of certain catering services for the taxpayer's own private or personal use or that of his or her staff and reflects the Finance Act 2006 changes to section 5 of the VAT Act. No changes have been made to this Regulation.

35. Free ports

This is a modernisation of the Value-Added Tax (Free Ports) Regulations 1987 ( S.I. No. 275 of 1987 ).

This Regulation sets out the conditions for the relief of VAT at import of goods for use in a free port. No new obligations have been imposed by this Regulation.

36. Intra-Community acquisitions - certain new means of transport

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

This Regulation sets out the procedures to be followed in relation to the payment of VAT on the intra-Community acquisition of new aircraft and new vessels by private individuals and other persons not entitled to deduct the tax chargeable on the goods. No new obligations have been imposed by this Regulation.

37. Imported goods

This is a modernisation of the Value-Added Tax (Imported Goods) (No 2) Regulations 1992 ( S.I. No. 440 of 1992 ).

This Regulation deals with the application of certain customs rules to VAT at import. No new obligations have been imposed by this Regulation.

38. Supplies for onboard consumption

This is a modernisation of the 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 ).

This Regulation provides the conditions under which certain food, drink and tobacco products supplied to passengers for consumption on board a vessel or aircraft during an intra-EU journey qualify for the zero rate of VAT. No new obligations have been imposed by this Regulation.

Administration and General

39. Determination in regard to tax

This is a modernisation of the Value-Added Tax (Determination in Regard to Tax) Regulations 1992 ( S.I. No. 278 of 1992 ).

This Regulation sets out the form and content of a determination made by the Revenue Commissioners for the purposes of Section 11(1B) of the Act. The changes to this Regulation reflect the Finance Act 2006 changes made to that section.

40. Disclosure of information to the Revenue Commissioners

This is a re-statement of Regulation 35 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation requires a person in business to disclose information to the Revenue Commissioners when requested by them to do so. No changes have been made to this Regulation.

41. Death, bankruptcy or liquidation

This is a re-statement of Regulation 36 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation specifies who must undertake the liabilities of the taxable person where that taxable person dies or becomes bankrupt or, in the case of a company, goes into liquidation. No changes have been made to this Regulation other than to the title.

42. Service of notices

This is a re-statement of Regulation 37 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation provides that the issue of any notice under the Act may be sent by post. No changes have been made to this Regulation.

43. Nomination of officers

This is a modernisation of Regulation 38 of the Value-Added Tax Regulations 1979 ( S.I. No. 63 of 1979 ).

This Regulation allows the Revenue Commissioners to delegate certain functions. No changes of substance have been made to this Regulation.

44. Revocation

This Regulation lists in a schedule all the Regulations revoked by these Regulations.

Footnotes