Key Benefits:
VAT Compensation Fund Implementing Regulation
The Secretary of State for Finance,
Having regard to the Articles 2, Fourth, 6th, 10th and 11th members , 8 and 9, ninth member, of the VAT Compensation Fund Act. ;
Decision:
1 The inspector may grant an advance if and to the extent that has been requested by the public body or regional public body to the extent that it has been clearly, clearly and unconditionally submitted to it.
2 A public body or a regional public body may request an advance payment of the amount of turnover tax in respect of which, during the period for that public body or that regional public body, the amount of the sales tax is payable incurred in respect of turnover taxes directly related to the advance items referred to in the following paragraph less the turnover tax payable during that period, relating to those advance payments.
3 The advance items shall be:
(a) expenditure incurred in connection with the construction of streets, plantings and similar community facilities, held by the commune, to the extent that the construction is directly linked to the implementation of a plan or plan for the redeployment of the goods;
b. the costs specified in Article 5 of the Infrastructural Fund Decision where they relate to the provision of infrastructure that is exclusively service to public transport;
c. Expenditure on the provision of public transport concessions as referred to in the Passenger Transport Act 2000 .
4 The combined amount of advances granted in respect of all the periods in a calendar year shall be set off against the contribution for that year.
The contribution from the VAT Compensation Fund in any year for a regional public body is the balance of the amount of sales tax for which the regional public body has been entitled to contribution in that calendar year and the amount of the contributions due from the regional public body in that year, multiplied by the settlement factor applicable to that year, as referred to in Article 4 (2). Article 4 .
1 The contribution from the VAT compensation fund for 2003 under a public-law body shall be the highest of the amounts specified in the following parts:
a. The balance of the amount of turnover tax which has been the object of the right to contribution for the body governed by public law in that calendar year and the amount of the contributions due in that year, multiplied by the amount of the contributions due in that year between the settlement factor applicable to that year Article 4 ;
(b) the sum of the number of the number of the number of posts in force for that year Article 5 , reduced by the reduction in force for that year Article 6 .
2 The contribution from the VAT Compensation Fund for 2004 for a body governed by public law shall be the highest of the amounts referred to in the following parts, less the contribution for 2003:
a. The balance of the amount of turnover tax which has been the object of the right to contribution for the body governed by public law in that calendar year and the amount of the contributions due in that year, multiplied by the amount of the contributions due in that year between the settlement factor applicable to that year Article 4 and increased by the amount referred to in 2003 as referred to in paragraph 1 (a);
(b) the sum of the number of the number of the number of posts in force for that year Article 5 , reduced by the reduction in force for that year Article 6 , together with the amount calculated in 2003 in the first paragraph, part b.
3 The contribution from the VAT compensation fund for 2005 for a body governed by public law is the higher of the amounts referred to in the following parts, less of the contributions for 2003 and 2004:
a. The balance of the amount of turnover tax which has been the object of the right to contribution for the body governed by public law in that calendar year and the amount of the contributions due in that year, multiplied by the amount of the contributions due in that year between the settlement factor applicable to that year Article 4 and increased by the amounts calculated in 2003 and 2004 referred to in paragraph 2 (a) of the second paragraph.
(b) the sum of the number of the number of the number of posts in force for that year Article 5 , reduced by the reduction in force for that year Article 6 , together with the amounts calculated in 2003 and 2004 referred to in paragraph 2 (b).
4 The contribution from the 2006 VAT Compensation Fund for a body governed by public law is the highest of the amounts referred to in the following parts, less of the contributions for 2003, 2004 and 2005:
a. The balance of the amount of turnover tax which has been the object of the right to contribution for the body governed by public law in that calendar year and the amount of the contributions due in that year, multiplied by the amount of the contributions due in that year between the settlement factor applicable to that year Article 4 and increased by the amounts calculated in 2003, 2004 and 2005 referred to in paragraph 3 (a) of the third paragraph.
(b) the sum of the number of the number of the number of posts in force for that year Article 5 , reduced by the reduction in force for that year Article 6 , together with the amounts calculated in 2003, 2004 and 2005 referred to in paragraph 3 (b).
1 The settlement factor applicable to the 2003 calendar year Article 2, 10th paragraph, of the VAT Compensation Fund Act in the case of counties 0.96 and for municipalities and regional public bodies, the amounts shall be 0,95.
2 The settlement factor in force for the calendar years 2004, 2005 and 2006, referred to in Article 2, 10th paragraph, of the VAT Compensation Fund Act in the case of counties 0.96 and for municipalities and regional, public sector bodies 0,95.
1 Heading items applicable to a calendar year for a public-law body Article 3 , are:
(a) the reduction of the benefit from the municipal fund or the provincial fund applied to the public body for 2004 in connection with the introduction of the VAT compensation funds;
(b) the amount of turnover tax in respect of which the municipality has been entitled to contribute, in the calendar year, to the construction of streets, plantings and similar community facilities held by the commune, to the extent that the latter construction directly related to the provision of construction sites in the context of the implementation of a zoning plan or modernisation plan, multiplied by the percentage cost reduction referred to in the third paragraph, and reduced by the amount of the amount of the investment plan the year by the public authority in respect of that instance contributions after it has been multiplied by the percentage cost reduction;
(c) the amount of turnover tax in respect of which the public body is entitled, in that calendar year, to contributions in respect of costs falling within the meaning of Article 6 of the Infrastructural Fund Decision which have been incurred in the construction of infrastructure that is available only to public transport, reduced by the amount of contributions payable by the public body in that year by the public authority in respect of that instance;
d. the amount of turnover tax for which the public body has been entitled, during that calendar year, to contribute to the provision of public transport concessions as intended for the purpose of the Passenger Transport Act 2000 , reduced by the amount of contributions payable by the public body in that year by the public body in respect of that concession;
(e) the total amount of turnover tax which groupings of associations in which the body is involved in the calendar year are carried out in respect of the calendar year on the declaration, to the extent that those groupings which do not have turnover tax should not have been to carry out the fiscal policy rules which would have been in force before 2002, provided that the turnover tax borne is imputable to the public body.
For the purpose of applying this Article, the reduction of the benefit from the Municipal Fund or the Provincial Fund shall be calculated according to the facts and circumstances known on 1 October of the year in question.
3 The cost reduction rate is 83%.
4 Associations shall be treated in the same way as the undertakings or services of the body governed by public law which participate independently in social traffic and bodies of which the body of public law only applies immediately or directly to the public sector. ' intermediate shareholder, participant or member, and entities whose directors are appointed and dismissed immediately or indirectly by the public body solely and whose assets are only available for the purpose of winding-up proceedings It comes from the public sector.
5 The turnover tax paid by a grouping shall be attributable to the public sector body to that part of the turnover tax paid to it of that grouping which is equal to the turnover tax paid if the net contribution of the public body to the cost of the grouping is to the total net cost of the grouping.
1 The rebate for a calendar year in respect of a body of public law intended to be applied in Article 3 , as follows:
a. for municipalities € 4,54 times the number of inhabitants according to the census as at 1 January of the calendar year, as is also used for the benefit from the municipal fund of that municipality;
b. For counties one percent of gross distribution from the provincial fund for the province calculated according to the data as they are known as from 1 October of the calendar year.
2 For the calculation of contributions for counties in the calendar years 2004, 2005 and 2006, the percentage referred to in paragraph 1 (b) shall be increased to two, three and three respectively.
1 The amount of the contribution, referred to in Article 3 of the VAT Compensation Fund Act It shall be established on the basis of actual use made of the goods and services or of the intended use if the goods and services are to be actually used in a later calendar year.
2 Where the body or regional public body uses two or more goods or services of the same kind, they shall be considered to be used for the purpose of activities for which no right of contribution exists, unless it is established which of those goods and services are used exclusively for the purpose of such activities and which are exclusively for the benefit of activities for which the right to contribution exists.
3 The use referred to in paragraph 1 shall be determined on the basis of the data of the period of time when the turnover tax is charged to the public or regional public body or is payable.
4 The review, referred to in Article 7, 2nd paragraph, of the VAT Compensation Fund Act It shall be based on the data of the calendar year in which the public body or regional public body is going to use the goods or services.
1 By way of derogation from Article 7 shall be taken into account for the purposes of the contribution:
a. immovable property and rights to which they are subject;
b. movable property which could be written off for corporation tax if the public body or the regional public body were to be subject to that tax.
2 In respect of immovable property and rights to which they are subject, the contribution shall be revised in each of the nine calendar years following that in which the public body or regional public body is going to use it properly. The review shall be carried out each year in respect of a tenth part of the contribution on the basis of the information relating to the calendar year for the calendar year concerned.
3 As regards the movable items referred to in paragraph 1 (b), the contribution shall be revised in each of the four calendar years following that in which the public body or regional public body is going to use it properly. Each review shall be carried out for a fifth part of the contribution on the basis of the information relating to the calendar year in force on that calendar year.
4 The revision referred to in paragraph 2 and paragraph 3 shall not be omitted where in respect of goods or parts thereof, the use of which has been subject to a change of turnover tax deduction or could have taken place and that deduction has not been made. may be revised.
5 The review continues to be omitted in the calendar year in which the amount eligible on the basis of the applicable data for that year differs by no more than 10 percent from it, on that year, as a contribution amount received.
1 If good as intended in Article 8, first paragraph, part a In the calendar year of acquisition or putting into service, or within the period of review referred to in Article 8 (2), whether or not to be supplied as an economic operator, the body or regional public body shall be deemed to be to use from the time of delivery until the end of the above revision period for activities which do not have the right to compensation.
2 If good as intended in Article 8, first paragraph, part b , in the calendar year of purchase or putting into service, whether or not as an economic operator, the public body or regional public body shall be deemed to be in a position to do so from the time of delivery until the end of that year. for activities for which there is no entitlement to compensation.
3 The review referred to in the first and second paragraphs shall not be omitted if it is properly transferred to a body as referred to in Article 3 (2). Article 1, first paragraph, letters c and d, of the VAT Compensation Fund Act and that body will continue to use it properly for acts that are entitled to compensation. In that case, the acquiring body shall be deemed to replace the transferring body with regard to the revision of the right to contribute for that purpose.
4 The revision shall be made at once in the case of the calendar year in which the supply takes place.
1 The settlement authority as referred to in Article 9, third and fourth paragraph, of the VAT Compensation Fund Act Exclusion from the inspector.
2 When determining the number of days referred to Article 9, Fifth paragraph, of the VAT Compensation Fund Act tax rate is calculated, a full calendar month is set at 30 days, excluding the month on the last day of which the period over which the interest rate is calculated ends, in which case the actual number of days becomes eligible ed.
3 The amount of the tax interest to be charged shall be rounded down to the whole of the euro.
4 The amount of the tax interest to be reimbursed shall be rounded up to the whole of the euro.
This arrangement shall enter into force on 1 January 2003. It may be cited as a VAT Compensation Fund Implementing Scheme.
This arrangement will be set out in the Official Journal.
TheState Secretary
of Finance,S.R.A. van Eijck
