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

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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.         (1)       These Regulations may be cited as the Value-Added Tax Regulations 2006.
(2)       These Regulations come into operation on 1 November 2006.
Interpretation
2.         In these Regulations—
“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.         (1)       In this Regulation—
“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.         (1)      In this Regulation—
“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 letting which constitutes a letting which is provided in the short-term guest sector or holiday sector for the purposes of paragraph (xiii)(a)(II) of the Sixth Schedule to the Act is a letting of all or part of a house, apartment or other similar establishment to a tourist, holidaymaker or other visitor for a period which does not exceed or is unlikely to exceed 8 consecutive weeks, but is not a letting —
(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.        (1)        Where 2 or more persons want to be regarded as being in a group so as to satisfy the Revenue Commissioners that they are in a group in accordance with section 8(8) of the Act, each of them is required to complete such forms as are provided for that purpose by the Revenue Commissioners.
(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.         (1)       A taxable person is required—
(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.         (1)       The full and true records of all transactions which affect or may affect the taxable person's liability to tax, which every taxable person is required to keep in accordance with section 16 of the Act, shall be entered up to date and include—
(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.         (1)       In this Regulation “reverse charge supply” means a supply of goods or services to a person in another Member State who is liable to pay value-added tax under the Sixth Council Directive on such supply.
(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.     (1)         In this Regulation—
“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.       (1)        In this Regulation “agricultural machinery” and “taxable dealer” have the same meanings, respectively, as they have in section 12C of the Act.
(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.       The following are the time limits specified for issuing invoices and credit notes for the purpose of section 17(7) of the Act—
(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.       (1)        Where a taxable person is required to furnish a return in accordance with paragraph (a) or (b) of section 19(3) of the Act, then that person, or another person acting under that person's authority—
(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.       (1)        In this Regulation—
“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.       (1)        In this Regulation—
“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.       (1)       Paragraphs (2) to (4) apply where, in a case in which section 10(3)(c) of the Act applies and section 17(9) of the Act does not apply, by reason of the return of goods, the allowance of discount, a reduction in price or the default of a debtor—
(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.
(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.       (1)        A notice of an amount of tax estimated in accordance with section 22 of the Act shall contain the following:
(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.       (1)       In this Regulation—
“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.        (1)      Where—
(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.        (1)      The amount on which tax is chargeable by virtue of section 2(1)(a) of the Act in relation to supplies of stamps, coupons, tokens or vouchers specified in section 10(7)(b) of the Act shall be nil where the supplies are made by a person in relation to the operation of a business consisting mainly of the supply of goods or services in exchange for the stamps, coupons, tokens or vouchers, and the goods or services are of a kind which the person to whom the stamps, coupons, tokens or vouchers are surrendered does not supply except in relation to the operation of such a scheme.
(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.       (1)       In this Regulation “remaining individual supply” means an individual supply which is not disregarded.
(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 claim for refund of tax shall be made in writing to the Revenue Commissioners and shall—
(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.        (1)      A person to whom section 13(3) of the Act applies is entitled, under the terms of Council Directive No. 79/1072/EEC of 6 December 19792 and Council Directive No. 86/560/EEC of 17 November 19863 , to be repaid tax borne by him or her on the purchase of goods or services supplied to him or her in the State or in respect of goods imported into the State by him or her if he or she fulfils to the satisfaction of the Revenue Commissioners the following conditions:
(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.       The Revenue Commissioners may, at their discretion, remit the amount of tax, together with interest thereon, payable by a person in respect of goods and services supplied by him or her during any taxable period, if the total amount of the tax, exclusive of any interest chargeable thereon does not exceed €20.
Remission or repayment of tax on fishing vessels and equipment
25.       (1)        In accordance with section 13(1)(c) of the Act, tax is remitted in respect of the supply or importation of fishing nets, and sections of fishing nets, used or to be used for the purposes of commercial sea-fishing.
(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.        (1)       A taxable person who makes a claim for a deduction under section 12(1) of the Act of an amount which he or she is entitled to deduct in accordance with section 12(1A) of the Act, is required—
(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.       For the purposes of section 3(1A)(a) of the Act a gift of goods made in the course or furtherance of business (otherwise than as one forming part of a series or succession of gifts made to the same person) the cost of which to the donor does not exceed €20 exclusive of tax shall be deemed not to have been effected for consideration.
Special schemes
Investment gold - records of transactions
28.       (1)       In this Regulation “intermediary services” means services supplied by an intermediary.
(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.       (1)       A person who produces investment gold or transforms any gold into investment gold and who, in accordance with section 6A(3) of the Act, wishes to waive his or her right to exemption from tax on supplies of investment gold to another person who is engaged in the supply of goods and services in the course or furtherance of business, 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 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 person who is entitled, in accordance with subsection (6)(b), (7)(b) or (8)(b) of section 6A of the Act, to claim a refund of the tax charged, paid or deferred in the circumstances specified in those subsections, shall claim such refund of tax—
(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.        (1)      In this Regulation—
“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.       (1)       (a)        For the purposes of paragraph (xvia) of the Sixth Schedule to the Act the following articles of furniture, silver, glass and porcelain are specified to be the antiques to which the said paragraph applies:
(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.       (1)       In this Regulation “traveller” and “traveller's qualifying goods” have the meanings assigned to them by section 13(3B) of the Act.
(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.       (1)       Subject to paragraph (2) and in accordance with section 5(3)(b) of the Act, the following services are deemed to be a supply of services by a person for consideration in the course or furtherance of his or her business, that is to say, the supply free of charge of catering services for such person's own private use or that of the staff of such person.
(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.       (1)      In this Regulation “control” has the meaning assigned to it by section 8(3B) of the Act.
(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.       (1)       In this Regulation—
“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.       (1)      Without prejudice to paragraph (3), section 5(1) of the Customs-Free Airport Act 1947 (No. 5 of 1947) shall not, in so far as it applies to tax, have effect in relation to goods brought from the Customs-free airport (within the meaning of that Act) into any other part of the State where it is established to the satisfaction of the Revenue Commissioners that those goods are Community goods or that the tax has already been borne or paid on those goods.
(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.       (1)      In this Regulation “excisable products” means the alcoholic products referred to in paragraphs (a) to (e), and the tobacco products referred to in paragraph (f), of section 104, (inserted by the Finance Act 1999 (No. 2 of 1999)) of the Finance Act 1992 (No. 9 of 1992).
(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.       (1)       In this Regulation a “determination” means a determination made for the purposes of section 11(1B) of the Act.
(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.       Any person engaged in the supply of goods or services in the course or furtherance of business shall, when required to do so by notice in writing served on such person by the Revenue Commissioners, disclose to the Revenue Commissioners such particulars of any goods or services supplied to him or her as may be required by such notice.
Death, bankruptcy or liquidation
41.       If a taxable person dies, becomes bankrupt or, being a body corporate, goes into liquidation, anything which he or she would have been liable to do under the Act or these Regulations shall be done by his or her personal representative, assignee, trustee, committee or liquidator, as the case may be.
Service of notices
42.       Any notice, notification or requirement that is authorised or required to be given, served, made, sent or issued under the Act or under these Regulations may be sent by post.
Nomination of officers
43.       Any functions authorised by the Act to be performed or discharged by the Revenue Commissioners may be performed or discharged by officers nominated by the Revenue Commissioners for that purpose.
Revocations
44.       The Regulations set out in the Schedule to these Regulations are revoked.
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 ).
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.
1 OJ No. L 145 of June 1977, p. 1

2 OJ No. L 331 of 27 December 1979, p. 11

3 OJ No. L 326 of 21 November 1986, p. 40

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