{"id":10786,"date":"2022-04-15T13:38:29","date_gmt":"2022-04-15T13:38:29","guid":{"rendered":"http:\/\/legalblog.ie\/?p=10786"},"modified":"2024-03-31T19:53:07","modified_gmt":"2024-03-31T19:53:07","slug":"special-vat-reclaim","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/special-vat-reclaim\/","title":{"rendered":"Special VAT Reclaim"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Zero_rated_supplies_and_VAT_recovery\" title=\"Zero rated supplies and VAT recovery\">Zero rated supplies and VAT recovery<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Denial_of_recovery\" title=\"Denial of recovery\">Denial of recovery<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Vehicles\" title=\"Vehicles\">Vehicles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Refusal_of_Deduction\" title=\"Refusal of Deduction\">Refusal of Deduction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Overseas_VAT\" title=\"Overseas VAT\">Overseas VAT<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Farmers_and_fishermen\" title=\"Farmers and fishermen\">Farmers and fishermen<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Special_Deductions\" title=\"Special Deductions\">Special Deductions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/#Misc_Rights_to_Reclaim\" title=\"Misc. Rights to Reclaim\">Misc. Rights to Reclaim<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#VALUE-ADDED_TAX_CONSOLIDATION_ACT\" title=\"VALUE-ADDED TAX CONSOLIDATION ACT\">VALUE-ADDED TAX CONSOLIDATION ACT<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Interpretation_%E2%80%93_general\" title=\"Interpretation &#8211; general.\">Interpretation &#8211; general.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Charge_of_value-added_tax\" title=\"Charge of value-added tax.\">Charge of value-added tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Taxable_amount_%E2%80%93_principal_provisions_ss_36-44\" title=\"Taxable amount &#8211; principal provisions (ss. 36-44)\">Taxable amount &#8211; principal provisions (ss. 36-44)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Definitions_%E2%80%93_Chapter_1\" title=\"Definitions &#8211; Chapter 1.\">Definitions &#8211; Chapter 1.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#General_rules_on_taxable_amount\" title=\"General rules on taxable amount.\">General rules on taxable amount.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Determination_that_open_market_value_applies\" title=\"Determination that open market value applies.\">Determination that open market value applies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Special_consideration_rule_triangulation\" title=\"Special consideration rule, triangulation.\">Special consideration rule, triangulation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Two-thirds_rule\" title=\"Two-thirds rule.\">Two-thirds rule.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Taxable_amount_for_certain_supplies\" title=\"Taxable amount for certain supplies.\">Taxable amount for certain supplies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Vouchers_etc\" title=\"Vouchers, etc.\">Vouchers, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Non-business_use_of_immovable_goods\" title=\"Non-business use of immovable goods.\">Non-business use of immovable goods.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Adjustment_and_recovery_of_consideration\" title=\"Adjustment and recovery of consideration.\">Adjustment and recovery of consideration.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Rates_and_Exemption_ss_46-52\" title=\"Rates and Exemption (ss. 46-52)\">Rates and Exemption (ss. 46-52)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Rates_of_tax\" title=\"Rates of tax.\">Rates of tax.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Composite_and_multiple_supplies\" title=\"Composite and multiple supplies.\">Composite and multiple supplies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Works_of_art_etc\" title=\"Works of art, etc.\">Works of art, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Contract_work\" title=\"Contract work.\">Contract work.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Provisions_in_relation_to_certain_supplies\" title=\"Provisions in relation to certain supplies.\">Provisions in relation to certain supplies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#General_rule_on_exempted_activity\" title=\"General rule on exempted activity.\">General rule on exempted activity.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Deduction_for_tax_borne_or_paid\" title=\"Deduction for tax borne or paid.\">Deduction for tax borne or paid.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Apportionment_for_dual-use_inputs\" title=\"Apportionment for dual-use inputs.\">Apportionment for dual-use inputs.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Reduction_of_tax_deductible_in_relation_to_qualifying_vehicles\" title=\"Reduction of tax deductible in relation to qualifying vehicles.\">Reduction of tax deductible in relation to qualifying vehicles.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/special-vat-reclaim\/2\/#Adjustment_of_tax_deductible_in_relation_to_unpaid_consideration\" title=\"Adjustment of tax deductible in relation to unpaid consideration.\">Adjustment of tax deductible in relation to unpaid consideration.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Zero_rated_supplies_and_VAT_recovery\"><\/span>Zero rated supplies and VAT recovery<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Unlike the case with exempt supplies VAT recovery is allowed for zero-rated supplies. The recovery is allowed on inputs (purchases), notwithstanding that no VAT is in fact chargeable on sales.\u00a0 Exemption from VAT differs in that no VAT is chargeable and the supplies do not trigger registration.<\/p>\n<p>The general rule is that where supplies are exempt, there can be no deduction. Qualifying activities are those in respect of which a deduction is nonetheless available. The deduction is available notwithstanding that the business concerned cannot register for VAT. Pacific form of application for recovery applies<\/p>\n<p>Qualifying activities include the following<\/p>\n<ul>\n<li>supplying goods and services outside the State which would be taxable if made in the State other than hiring motor vehicles for use in the State;<\/li>\n<li>services consisting of the issue of new stock, shares or debentures used for the purpose of raising capital for a taxable business;<\/li>\n<li>services supplied outside the European Union or directly in connection with the export of goods outside the EU<\/li>\n<li>supply of goods which are deemed to take place in another state, e.g., distance selling and transport of passengers and the baggage outside the State;. The supplier must be registered in the other state<\/li>\n<\/ul>\n<p>Most of the above activities would be exempt in themselves (particularly exporting).\u00a0 Nonetheless, deductibility is allowed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Denial_of_recovery\"><\/span>Denial of recovery<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is specific rules restricting deductibility in certain cases ,for policy reasons.\u00a0 They include the following:<\/p>\n<ul>\n<li>expenditure incurred on food or drink, or other personal services for themselves, their agents or employees, except to the extent, if any, that such expenditure is incurred in relation to a supply of services in respect of which they are accountable for tax(e.g. as a pub or restaurant)<\/li>\n<li>expenditure incurred on accommodation other than qualifying accommodation in connection with attendance at a qualifying conference as defined in the legislation<\/li>\n<li>expenditure incurred by the accountable person on food or drink, or accommodation or other entertainment services, where such expenditure forms all or part of the cost of providing an advertising service in respect of which tax is due and payable by the accountable person<\/li>\n<li>entertainment expenses incurred by the accountable person, their agents or employees<\/li>\n<li>the purchase, hiring, intra-Community acquisition or importation of passenger motor vehicles other than certain qualifying motor vehicles used as outlined below (and other than motor vehicles held as stock-in-trade, or for the purposes of the sale of those motor vehicles by a financial institution in the context of a hire-purchase agreement, or for the purpose of a business of the hiring of motor vehicles, or for use in a driving school business)<\/li>\n<li>the purchase, intra-Community acquisition or importation of petrol otherwise than as stock-in-trade. VAT is deductible on diesel.<\/li>\n<li>contract work involving the handing over of goods when such goods are themselves not deductible<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Vehicles\"><\/span>Vehicles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Vehicles other than\u00a0 vehicles for the transport of goods or more than 16 passengers or vehicles designed for use by invalids or infirm persons\u00a0 do not qualify for deduction and recovery.VAT is allowed on certain vehicles with low carbon dioxide emissions.<\/p>\n<p>Petrol is not deductible. Diesel is deductible to some extent.<\/p>\n<p>VAT \u00a0is recoverable on the acquisition of a certain vehicles which are used for not less than 60% business purposes. This \u00a0applies to vehicles meeting certain low carbon emissions criteria. They must be retained for at least two years.<\/p>\n<p>VAT is recoverable on the hire or purchase of vehicles designed or constructed for the transport of goods or the transport of passengers (designed to transport 16 persons as or more including the driver.<\/p>\n<p>VAT is recoverable on the hire or purchase of vehicles for the transport of goods which have the rear windows blanked out and have no seating accommodation behind the driver<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Refusal_of_Deduction\"><\/span>Refusal of Deduction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Finance Act 2014 gives statutory effect to a principle evolved by the Court of Justice of the European Union to the effect that a taxable person who knew or should have known that by his purchase he was taking part in the transaction connected with VAT fraud committed by the supplier or by another trade acting upstream or downstream, can be refused the right of deduction.<\/p>\n<p>The first accountable person is the person engaged in fraud and the second accountable person is the innocent trader.\u00a0 The innocent trader involved in a series of taxable supplies, who knew or was reckless as to whether the supply of goods or services was connected with the fraudulent evasion of tax, is jointly and severally liable for the payment of any tax which has not been remitted by the person who committed fraud.<\/p>\n<p>The provision is applicable if he should have known of the fraudulent transaction or was reckless.\u00a0 This implies he knew of the transaction or was reckless as to whether or not the supply was connected with fraudulent evasion. The innocent trader is liable for up to the net amount of tax lost.\u00a0 This is in effect the tax, which the\u00a0 fraudster was entitled to deduct\u00a0 or reclaim.<\/p>\n<p>Where inputs exceed outputs, VAT may be repaid by Revenue.\u00a0 Because of the sensitivity of repayment of revenue, the Revenue may examine the entitlement. Revenue may undertake an inspection of records and accounts. The may be a desk audit.<\/p>\n<p>A reclaim a arise by reason of an earlier error or the failure to make claims when incurred. A claim for repayment of VAT must be made during the normal period for making claims to \u00a0Revenue, namely, four years from the end of the period to which it relates.<\/p>\n<p>If an input credit\/claim for repayment is made in circumstances where the summary claimed has not fact been paid within six months of the end of the tax period, VAT is adjusted relative to the unpaid price. This will reduce the deduction in a later period or obliged the trader to repay revenue. There is an exception where there are reasonable grounds for not having made the payment. This may arise in relation to a bone fide dispute.<\/p>\n<p>The Revenue may defer VAT repayments in certain circumstances.\u00a0 Revenue \u00a0may require security in respect of VAT to be refunded, by way of bond or by guarantee.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Overseas_VAT\"><\/span>Overseas VAT<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Generally a trader needs to be registered for VAT to reclaim VAT. It is possible to reclaim VAT incurred in other EU states in the course of the trade where the purchase is for the purpose of a Vatable trade in Ireland.. It may also be possible to recover VAT and like taxes incurred in other countries depending on their legislation.<\/p>\n<p>The United Kingdom for example has preserved a similar system of VAT recovery although the expedited EU mechanisms for reclaim via Revenue are not available.<\/p>\n<p>The EU wide system allows traders to submit a claim for reclaim to their domestic revenue which in turn reclaims it from the revenue in the EU state where it was incurred. This may be done through ROS in Ireland. Non- EU established traders must apply under a different system directly to the revenue in the state were VAT was incurred.<\/p>\n<p>Traders who are \u00a0established in Ireland, \u00a0who are not registered for VAT ,and make supplies overseas may be able to recover Irish VAT incurred, where the recipient is the accountable person or where\u00a0 qualifying activities are undertaken, to customers outside the EU. See above in relation to qualifying activities.<\/p>\n<p>Where goods and services are supplied \/ provided outside of Ireland which would be taxable if supplied \/ provided in Ireland the seller\/provider may claim repayment of VAT incurred in Ireland. The principle also applies to certain services provided outside the EU including financial and insurance services. The claim is made directly to Revenue Commissioners in a prescribed form.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Farmers_and_fishermen\"><\/span>Farmers and fishermen<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are special provisions in respect of farmers and fishermen which allow recovery of VAT in certain circumstances, notwithstanding that they are not registered for VAT generally or are registered only in respect of intra-EU \u00a0and acquisitions. The reclaim is limited to certain types of purchases for the business. Conditions apply.<\/p>\n<p>Included are<\/p>\n<ul>\n<li>certain farm building and land drainage and reclamation works;<\/li>\n<li>marine diesel by sea fishermen;<\/li>\n<li>purchase hire and repair of certain fishing vessels<\/li>\n<li>the purchase, hire repair and maintenance of certain sea fishing equipment;<\/li>\n<\/ul>\n<p>Finance Act 2012 provides that the Minister may make orders by statutory instrument to allow repayment of VAT to persons who would not otherwise be entitled to repayment.\u00a0 In making an order for repayment of input\u00a0 tax to which a person would not otherwise be entitled, the Minister should have regard to the nature and purpose of the goods and services and the person who seeks the refund.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Special_Deductions\"><\/span>Special Deductions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons who elect to be accountable are entitled to reclaim VAT on stock and trade purchased before their first VATable period on the same basis as if he was VAT-registered at the date of supply. This arises under a specific provision which allows exemption in these particular circumstances.<\/p>\n<p>A VAT deduction also arises in a number of other more unusual circumstances including the following:<\/p>\n<ul>\n<li>VAT on supplies that are postponed in respect of alcohol products under duty suspension arrangements;<\/li>\n<li>any unrelieved VAT liability arising from transfer of goods from a business and one member state to the other;<\/li>\n<li>certain Vatable costs associated with transfer of an undertaking which are not subject to the general exemption.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Misc_Rights_to_Reclaim\"><\/span>Misc. Rights to Reclaim<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are a range of other concessionary provisions for refund of VAT, for social and policy reasons.\u00a0 They include<\/p>\n<ul>\n<li>the purchase by certain bodes of radios for the blind<\/li>\n<li>the purchase of motor vehicles acquisition and refurbishment costs for certain \u00a0disabled persons;<\/li>\n<li>mobile homes for use by permanent residence or letting by local authorities;<\/li>\n<li>sea rescue craft in respect of sea rescue organisations;<\/li>\n<li>the purchase of medical equipment by hospitals over certain thresholds<\/li>\n<li>purchase of goods supplied apply to certain approved bodies carrying out charitable humanitarian or teaching activities.<\/li>\n<\/ul>\n<p><!--nextpage--><\/p>\n<h2>VALUE-ADDED TAX CONSOLIDATION ACT<\/h2>\n<p>Value-Added Tax Consolidation Act 2010 (No. 31)<\/p>\n<p>Part 1 Preliminary and General (ss. 1-3)<br \/>\n1. Short title.<br \/>\nThis Act may be cited as the Value-Added Tax Consolidation Act 2010.<\/p>\n<p>2.<\/p>\n<h4>Interpretation &#8211; general.<\/h4>\n<p>(1)In this Act &#8211;<\/p>\n<p>&#8220;accountable person&#8221; has the same meaning as it has in Part 2;<\/p>\n<p>&#8220;accounting year&#8221; 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, then, for such a person, a period of 12 months ending on that fixed date;<\/p>\n<p>&#8220;agricultural produce&#8221; has the meaning assigned to it by section 4(1);<\/p>\n<p>&#8220;agricultural service&#8221; has the meaning assigned to it by section 4(1);<\/p>\n<p>&#8220;ancillary supply&#8221; means a supply, forming part of a composite supply, which is not physically and economically dissociable from a principal supply and is capable of being supplied only in the context of the better enjoyment of that principal supply;<\/p>\n<p>&#8220;antiques&#8221; has the meaning assigned to it by section 87(1);<\/p>\n<p>&#8220;Appeal Commissioner&#8221; has the meaning given to it by section 2 of the Finance (Tax Appeals) Act 2015;<\/p>\n<p>&#8220;assignment&#8221;, in relation to an interest in immovable goods, means the assignment by a person of that interest in those goods or any part of those goods to another person, except that, if that other person at the time of the assignment retains the reversion on that interest in those goods, that assignment shall be a surrender;<\/p>\n<p>&#8220;auction scheme&#8221; has the meaning assigned to it by section 89(1);<\/p>\n<p>&#8220;body of persons&#8221; means any body politic, corporate or collegiate, and any company, partnership, fraternity, fellowship and society of persons, whether corporate or not corporate;<\/p>\n<p>&#8220;building&#8221;, in the definition of &#8220;development&#8221;, includes, in relation to a transaction, any prefabricated or like structure in respect of which the following conditions are satisfied<br \/>\n(a)the structure &#8211;<br \/>\n(i)has a rigid roof and one or more rigid walls and (other than in the case of a structure used for the cultivation of plants) a floor<br \/>\n(ii)is designed so as to provide for human access to, and free movement in, its interior<br \/>\n(iii)is for a purpose that does not require that it be mobile or portable, and<br \/>\n(iv)does not have or contain any aids to mobility or portability; and<br \/>\n(b)<br \/>\n(i)neither the agreement in respect of the transaction nor any other agreement between the parties to that agreement contains a provision relating to the rendering of the structure mobile or portable or the movement or re-location of the structure after its erection, and<br \/>\n(ii)the person (in this subparagraph referred to as the &#8220;relevant person&#8221;) for whom the structure is constructed, extended, altered or reconstructed signs and delivers, at the time of the transaction, to the person who constructed, extended, altered or reconstructed the structure, a declaration of the relevant person&#8217;s intention to retain it on the site on which it is at that time located;<\/p>\n<p>&#8220;business&#8221; means an economic activity, whatever the purpose or results of that activity, and includes any activity of producers, traders or persons supplying services, including mining and agricultural activities and activities of the professions, and the exploitation of tangible or intangible property for the purposes of obtaining income therefrom on a continuing basis;<\/p>\n<p>&#8220;calendar quarter&#8221; means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October;<\/p>\n<p>&#8220;call-off stock arrangements&#8221; means the dispatch or transport of goods from one Member State to another Member State where, at the time of the dispatch or transport of the goods to such other Member State, the identity of the person to whom those goods will be supplied at a later stage and after the goods have arrived in the Member State of destination is known to the supplier;<\/p>\n<p>&#8220;capital goods&#8221; means developed immovable goods and includes refurbishment within the meaning of section 63(1), and a reference to a capital good includes a reference to any part thereof and the term &#8220;capital good&#8221; shall be construed accordingly;<\/p>\n<p>&#8220;clothing&#8221; does not include footwear;<\/p>\n<p>&#8220;Collector-General&#8221; means the Collector-General appointed under section 851 of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8220;collectors&#8217; items&#8221; has the meaning assigned to it by section 87(1);<\/p>\n<p>&#8220;Community&#8221;, subject to subsection (4A), has the same meaning as it has in Articles 5 to 8 of the VAT Directive, and cognate references shall be construed accordingly;<\/p>\n<p>&#8220;completed&#8221;, in respect of immovable goods, has the meaning assigned to it by section 94(1);<\/p>\n<p>&#8220;composite supply&#8221; means a supply made by a taxable person to a customer comprising 2 or more supplies of goods or services or any combination of those, supplied in conjunction with each other, one of which is a principal supply;<\/p>\n<p>&#8220;contractor&#8221;, in relation to contract work, means a person who makes or assembles movable goods;<\/p>\n<p>&#8220;contract work&#8221; means the service of handing over by a contractor to another person of movable goods made or assembled by the contractor from goods entrusted to the contractor by that other person, whether or not the contractor has provided any part of the goods used;<\/p>\n<p>&#8220;Customs Acts&#8221; has the meaning given to it by section 2(3) of the Customs Act 2015;<\/p>\n<p>&#8220;customs-free airport&#8221; means the land which, under the Customs-free Airport Act 1947, for the time being constitutes the Customs-free airport;<\/p>\n<p>&#8220;development&#8221;, in relation to any land, means &#8211;<br \/>\n(a)the construction, demolition, extension, alteration or reconstruction of any building on the land, or<br \/>\n(b)the carrying out of any engineering or other operation in, on, over or under the land to adapt it for materially altered use;<\/p>\n<p>&#8220;distance sales of goods imported from third territories or third countries&#8221;, means supplies of goods dispatched or transported by or on behalf of the supplier, including where the supplier intervenes indirectly in the transport or dispatch of the goods, from outside the Community, to a customer in a Member State, where &#8211;<br \/>\n(a)the supply of goods is carried out for a taxable person, or a non-taxable legal person, whose intra-Community acquisitions of goods are not subject to value-added tax pursuant to Article 3(1), or for any other non-taxable person, and<br \/>\n(b)the goods supplied are neither new means of transport nor goods supplied after assembly or installation, with or without a trial run, by or on behalf of the supplier;<\/p>\n<p>&#8220;electronically supplied services&#8221; includes &#8211;<br \/>\n(a)website supply, web-hosting, distance maintenance of programmes and equipment<br \/>\n(b)supply of software and updating of it<br \/>\n(c)supply of images, text and information, and making databases available<br \/>\n(d)supply of music, films and games (including games of chance and gambling games) and of political, cultural, artistic, sporting, scientific and entertainment broadcasts and events, and<br \/>\n(e)supply of distance teaching,<\/p>\n<p>and &#8220;electronic service&#8221; shall be construed accordingly, but where the supplier of a service and his or her customer communicate by means of electronic mail, this shall not of itself mean that the service performed is an electronic service;<\/p>\n<p>&#8220;enactment&#8221; means an Act or statutory instrument or any part of an Act or statutory instrument;<\/p>\n<p>&#8220;excisable products&#8221; means the products referred to in section 97 of the Finance Act 2001;<\/p>\n<p>&#8220;exempted activity&#8221; means &#8211;<br \/>\n(a)a supply of immovable goods in respect of which, pursuant to sections 93(2)(a)(i), 94(2) and 95(3) and (7)(b), tax is not chargeable, and<br \/>\n(b)a supply of any goods or services of a kind specified in Schedule 1;<\/p>\n<p>&#8220;exportation of goods&#8221; means the exportation of goods to a destination outside the Community, and cognate words shall be construed accordingly;<\/p>\n<p>&#8220;farmer&#8221; has the meaning assigned to it by section 4(1);<\/p>\n<p>&#8220;flat-rate addition&#8221; has the meaning assigned to it by section 86(1);<\/p>\n<p>&#8220;flat-rate farmer&#8221; means &#8211;<br \/>\n(a)a farmer who is not an accountable person<br \/>\n(b)a farmer who is an accountable person referred to in section 9(4) or 12(3), or<br \/>\n(c)a person who, in accordance with section 17(2), is deemed not to be an accountable person with respect to supplies of a kind specified in the definition of &#8220;farmer&#8221; in section 4(1)<br \/>\nin so far as that farmer engages in the supply of agricultural produce or agricultural services within the State;<\/p>\n<p>&#8220;footwear&#8221; includes shoes, boots, slippers and the like but does not include stockings, under-stockings, socks, ankle-socks or similar articles or footwear without soles or footwear which is or incorporates skating or swimming equipment;<\/p>\n<p>&#8220;free port&#8221; means the land declared to be a free port for the purposes of the Free Ports Act 1986 by an order made under section 2 of that Act;<\/p>\n<p>&#8220;freehold equivalent interest&#8221; means an interest in immovable goods (other than a freehold interest) the transfer of which constitutes a supply of goods in accordance with Chapter 1 of Part 3;<\/p>\n<p>&#8220;fur skin&#8221; means any skin with the fur, hair or wool attached except the skin of woolled sheep or lamb;<\/p>\n<p>&#8220;goods&#8221; means all movable and immovable objects (other than things in action or money), and references to goods include references to both new and used goods;<\/p>\n<p>&#8220;goods threshold&#8221; means \u20ac80,000;<\/p>\n<p>&#8220;hire&#8221;, in relation to movable goods, includes a letting on any terms including a leasing;<\/p>\n<p>&#8220;immovable goods&#8221; has the same meaning as &#8216;immovable property&#8217; has in Article 13b (inserted by Council Implementing Regulation 1042\/2013 of 7 October 2013 [OJ No. L284, 26.10.2013, p.1]) of Council Implementing Regulation 282\/2011\/EU of 15 March 2011 [OJ No. L77, 23.3.2011, p.1];<\/p>\n<p>&#8220;importation of goods&#8221; means the importation of goods from outside the Community into the State &#8211;<br \/>\n(a)directly, or<br \/>\n(b)through one or more than one other Member State where value-added tax referred to in the VAT Directive has not been chargeable on the goods in such other Member State or Member States in respect of the transaction concerned, and cognate words shall be construed accordingly;<\/p>\n<p>&#8220;independently&#8221;, in relation to a taxable person, excludes a person who is employed or who is bound to an employer by a contract of employment or by any other legal ties creating the relationship of employer and employee as regards working conditions, remuneration and the employer&#8217;s liability;<\/p>\n<p>&#8220;individual supply&#8221; means a supply of goods or services which is a constituent part of a multiple supply and which is physically and economically dissociable from the other goods or services forming part of that multiple supply, and is capable of being supplied as a good or service in its own right;<\/p>\n<p>&#8220;inspector of taxes&#8221; means an inspector of taxes appointed under section 852 of the Taxes Consolidation Act 1997;<\/p>\n<p>&#8220;intra-Community acquisition&#8221;, in relation to goods, has the meaning assigned to it by section 24;<\/p>\n<p>&#8220;intra-Community distance sales of goods&#8221;, means supplies of goods dispatched or transported by or on behalf of the supplier, including where the supplier intervenes indirectly in the transport or dispatch of the goods, from a Member State other than that in which the dispatch or transport of the goods to the customer ends, where &#8211;<br \/>\n(a)the supply of goods is carried out for a taxable person, or for a non-taxable legal person, whose intra-Community acquisitions of goods are not subject to value-added tax pursuant to Article 3(1) of the VAT Directive, or for any other non-taxable person, and<br \/>\n(b)the goods supplied are neither new means of transport nor goods supplied after assembly or installation, with or without a trial run, by or on behalf of the supplier;<\/p>\n<p>&#8220;joint option for taxation&#8221; has the meaning assigned to it by section 94;<\/p>\n<p>&#8220;landlord&#8217;s option to tax&#8221; has the meaning assigned to it by section 97;<\/p>\n<p>&#8220;livestock&#8221; means live &#8211;<br \/>\n(a)cattle, sheep, goats, pigs and deer, and<br \/>\n(b)horses normally intended for use in the preparation of foodstuffs or in agricultural production;<\/p>\n<p>&#8220;local authority&#8221; has the meaning assigned to it by the Local Government Act 2001;<\/p>\n<p>&#8220;margin scheme&#8221; has the meaning assigned to it by section 87(1);<\/p>\n<p>&#8220;Minister&#8221; means the Minister for Finance;<\/p>\n<p>&#8220;movable goods&#8221; means goods other than immovable goods;<\/p>\n<p>&#8220;multiple supply&#8221; means 2 or more individual supplies made by a taxable person to a customer where those supplies are made in conjunction with each other for a total consideration covering all of those individual supplies, and where those individual supplies do not constitute a composite supply;<\/p>\n<p>&#8220;new means of transport&#8221; means motorised land vehicles with an engine cylinder capacity exceeding 48 cubic centimetres or a power exceeding 7.2 kilowatts, vessels exceeding 7.5 metres in length and aircraft with a take-off weight exceeding 1,550 kilogrammes &#8211;<br \/>\n(a)which are intended for the transport of persons or goods, and<br \/>\n(b)<br \/>\n(i)which in the case of vessels and aircraft were supplied 3 months or less after the date of first entry into service and in the case of land vehicles were supplied 6 months or less after the date of first entry into service, or<br \/>\n(ii)which have travelled 6,000 kilometres or less in the case of land vehicles, sailed for 100 hours or less in the case of vessels or flown for 40 hours or less in the case of aircraft<br \/>\nother than vessels and aircraft of the kind referred to in paragraph 4(2) of Schedule 2;<\/p>\n<p>&#8220;person registered for value-added tax&#8221;<br \/>\n(a)in relation to another Member State, means a person currently issued with an identification number in that State for the purposes of accounting for value-added tax referred to in the VAT Directive<br \/>\n(b)in relation to the State, means a registered person;<\/p>\n<p>&#8220;principal supply&#8221; means the supply of goods or services which constitutes the predominant element of a composite supply and to which any other supply forming part of that composite supply is ancillary;<\/p>\n<p>&#8220;public body&#8221; means &#8211;<br \/>\n(a)a Department of State<br \/>\n(b)a local authority, or<br \/>\n(c)a body established by any enactment;<\/p>\n<p>&#8220;registered person&#8221; means a person who is registered in the register maintained under section 65;<\/p>\n<p>&#8220;regulations&#8221; means regulations under section 120;<\/p>\n<p>&#8220;repealed enactment&#8221; has the meaning assigned to it by section 121;<\/p>\n<p>&#8220;second-hand goods&#8221; has the meaning assigned to it by section 87(1);<\/p>\n<p>&#8220;secretary&#8221; includes such persons as are referred to in section 1044(2) of the Taxes Consolidation Act 1997 and section 55(1) of the Finance Act 1920;<\/p>\n<p>&#8220;services threshold&#8221; means \u20ac40,000;<\/p>\n<p>&#8220;stock-in-trade&#8221;, in relation to a person, means goods that are &#8211;<br \/>\n(a)movable goods of a kind that the person has supplied in the ordinary course of the person&#8217;s business and that &#8211;<br \/>\n(i)are held for supply (otherwise than because of section 19(1)(f)), or<br \/>\n(ii)would be so held if they were mature or if their manufacture, preparation or construction had been completed<br \/>\n(b)materials incorporated into immovable goods of a kind that &#8211;<br \/>\n(i)are supplied by the person in the ordinary course of the person&#8217;s business, and<br \/>\n(ii)have not been supplied by the person since the goods were developed, but are held for supply, or would be so held if their development had been completed<br \/>\nand such materials shall be taken to have been supplied to the same extent as the immovable goods into which they have been incorporated are taken to have been supplied<br \/>\n(c)consumable materials that the person has incorporated into immovable goods in the course of a business that consists of the supply of a service involving constructing, repairing, painting or decorating immovable goods where that service has yet to be completed, and such materials shall be taken to have been supplied to the extent that the service in relation to which they have been used has been supplied, or<br \/>\n(d)materials that have not been incorporated in goods and &#8211;<br \/>\n(i)are used by the person in the manufacture or construction of goods of a kind that the person supplies in the ordinary course of the person&#8217;s business, or<br \/>\n(ii)if the person&#8217;s ordinary business consists of repairing, painting or decorating immovable goods, are used by the person as consumable materials in the course of that business;<\/p>\n<p>&#8220;supply&#8221;<br \/>\n(a)in relation to goods, has the meaning assigned to it by subsection (3) and Chapter 1 of Part 3<br \/>\n(b)in relation to services, has the meaning assigned to it by Chapter 3 of Part 3<br \/>\nand cognate words shall be construed accordingly;<\/p>\n<p>&#8220;surrender&#8221;, in relation to an interest in immovable goods &#8211;<br \/>\n(a)means the surrender by a person (in this definition referred to as the &#8220;lessee&#8221;) of an interest in those goods or any part of those goods to the person (in this definition referred to as the &#8220;lessor&#8221;) who, at the time of the surrender, retains the reversion on that interest in those goods, and<br \/>\n(b)includes &#8211;<br \/>\n(i)the abandonment of that interest in those goods by the lessee<br \/>\n(ii)the failure of the lessee to exercise any option of the kind referred to in section 93(1)(a) in relation to that interest in those goods (but excluding any such failure if such interest were created on or after 1 July 2008), and<br \/>\n(iii)the recovery by the lessor of that interest in those goods by ejectment or forfeiture prior to the date that the interest would, but for its surrender, have expired;<\/p>\n<p>&#8220;tax&#8221; means value-added tax chargeable by virtue of this Act;<\/p>\n<p>&#8220;taxable dealer&#8221;<br \/>\n(a)in relation to supplies of gas through the natural gas distribution system, or of heat or cooling energy through heating or cooling networks, or of electricity, has the meaning assigned to it by section 31(1)(a), and<br \/>\n(b)in relation to supplies of movable goods (including a means of transport and agricultural machinery) has the meaning assigned to it by section 87(1);<\/p>\n<p>&#8220;taxable goods&#8221;, in relation to any supply, intra-Community acquisition or importation, means goods the supply of which is not an exempted activity;<\/p>\n<p>&#8220;taxable period&#8221; means a period of 2 months beginning on 1 January, 1 March, 1 May, 1 July, 1 September or 1 November;<\/p>\n<p>&#8220;taxable person&#8221; means a person who independently carries on a business in the Community or elsewhere;<\/p>\n<p>&#8220;taxable services&#8221; means services the supply of which is not an exempted activity;<\/p>\n<p>&#8220;telecommunications services&#8221; means services relating to the transmission, emission or reception of signals, writing, images and sounds or information of any nature by wire, radio, optical or other electromagnetic systems, and includes &#8211;<br \/>\n(a)the related transfer or assignment of the right to use capacity for such transmission, emission or reception, and<br \/>\n(b)the provision of access to global information networks;<\/p>\n<p>&#8220;telephone card&#8221; means a card, or a means other than money &#8211;<br \/>\n(a)that confers a right to access a telecommunications service and, in cases where the supplier of the telecommunications service so agrees with another supplier (in this definition referred to as a &#8220;contracted third party supplier&#8221;), a right to receive other services or goods from that contracted third party supplier, and<br \/>\n(b)that, when the card or other means is supplied to a person other than for the purpose of resale, entitles the supplier to a consideration for the supply under circumstances that preclude the user of the card or means from being liable for any further charge for access to the telecommunications service or for the receipt of services or goods from a contracted third party supplier;<\/p>\n<p>&#8220;VAT Directive&#8221; means Council Directive No. 2006\/112\/EC of 28 November 2006 [OJ No. L347, 11.12.2006, p.1] on the common system of value-added tax;<\/p>\n<p>&#8220;vessel&#8221;, in relation to transport, means a waterborne craft of any type, whether self-propelled or not, and includes a hovercraft;<\/p>\n<p>&#8220;works of art&#8221; has the meaning assigned to it by section 87(1).<\/p>\n<p>(2)In this Act references to moneys received by a person include references to &#8211;<\/p>\n<p>(a)money lodged or credited to the account of the person in any bank, savings bank, building society, hire purchase finance concern or similar financial concern,<\/p>\n<p>(b)money (other than money referred to in paragraph (a)) which under an agreement (other than an agreement providing for discount or a price adjustment made in the ordinary course of business or an arrangement with creditors) has ceased to be due to the person,<\/p>\n<p>(c)money due to the person which, in accordance with section 1002 of the Taxes Consolidation Act 1997, is paid to the Revenue Commissioners by another person and has thereby ceased to be due to the person by that other person, and<\/p>\n<p>(d)money, which, in relation to money received by a person from another person, has been deducted in accordance with &#8211;<\/p>\n<p>(i)Chapter 1 of Part 18 of the Taxes Consolidation Act 1997, or<\/p>\n<p>(ii)Chapter 2 of Part 18 of the Taxes Consolidation Act 1997,<\/p>\n<p>and has thereby ceased to be due to the first-mentioned person by the other person,<\/p>\n<p>and money so lodged or credited to the account of a person shall be deemed to have been received by the person on the date of the making of the lodgement or credit and money which has so ceased to be due to a person shall be deemed to have been received by the person on the date of the cesser.<\/p>\n<p>(3)For the purposes of this Act, the provision of electricity, gas and any form of power, heat, refrigeration or ventilation shall be deemed to be a supply of goods and not a supply of services.<\/p>\n<p>(4)In this Act, a reference to the territory of a Member State has the same meaning as it has in Articles 5 to 8 of the VAT Directive, and , subject to subsection (4A), references to Member States and cognate references shall be construed accordingly.<\/p>\n<p>(4A)In this Act, each reference to &#8211;<\/p>\n<p>(a)Community, and<\/p>\n<p>(b)Member State,<\/p>\n<p>shall apply as if the reference included a reference to Northern Ireland,save &#8211;<\/p>\n<p>(i)where the reference occurs in a provision specified in Part 1 of Schedule 9, and<\/p>\n<p>(ii)in the case of a provision specified in Part 2 of Schedule 9, in so faras the provision applies to services.<\/p>\n<p>(5)References in any other enactment to the &#8220;Value-Added Tax Acts&#8221; mean this Act and every enactment which is to be read together with this Act.<\/p>\n<p>3.<\/p>\n<h4>Charge of value-added tax.<\/h4>\n<p>Except as expressly otherwise provided by this Act, a tax called value-added tax is, subject to and in accordance with this Act and regulations, chargeable, leviable and payable on the following transactions:<\/p>\n<p>(a)the supply for consideration of goods by a taxable person acting in that capacity when the place of supply is the State;<\/p>\n<p>(b)the importation of goods into the State;<\/p>\n<p>(c)the supply for consideration of services by a taxable person acting in that capacity when the place of supply is the State;<\/p>\n<p>(d)the intra-Community acquisition for consideration by an accountable person of goods (other than new means of transport) when the acquisition is made within the State;<\/p>\n<p>(e)the intra-Community acquisition for consideration of new means of transport when the acquisition is made within the State.<\/p>\n<p>&nbsp;<\/p>\n<p>Part 5 Taxable Amount (ss. 36-45)<\/p>\n<p>Chapter 1<\/p>\n<h4>Taxable amount &#8211; principal provisions (ss. 36-44)<\/h4>\n<p>36.<\/p>\n<h4>Definitions &#8211; Chapter 1.<\/h4>\n<p>In this Chapter &#8211;<\/p>\n<p>&#8220;open market price&#8221;, in relation to &#8211;<br \/>\n(a)the supply of any goods or services (other than an interest in immovable goods which is not a freehold interest), or<br \/>\n(b)the intra-Community acquisition of goods<br \/>\nmeans the price (excluding tax) which the goods might reasonably be expected to fetch or which might reasonably be expected to be charged for the services if sold in the open market at the time of the event in question;<\/p>\n<p>&#8220;open market value&#8221;, in relation to a supply of goods or services &#8211;<br \/>\n(a)subject to paragraph (b), means the total consideration (excluding tax) that a customer, at a marketing stage which is the same as the stage at which the supply of the goods or services takes place, would reasonably be expected to pay to a supplier at arm&#8217;s length under conditions of fair competition for a comparable supply of such goods or services<br \/>\n(b)if there is no comparable supply of goods or services, means &#8211;<br \/>\n(i)in respect of goods, an amount that is not less than the purchase price of the goods or of similar goods or, in the absence of a purchase price, the cost price, determined at the time of supply<br \/>\n(ii)in respect of services, an amount that is not less than the full cost to the supplier of providing the service.<\/p>\n<p>37.<\/p>\n<h4>General rules on taxable amount.<\/h4>\n<p>(1)The amount on which tax is chargeable by virtue of section 3(a) or (c) shall, subject to this Chapter, be the total consideration which the person supplying goods or services becomes entitled to receive in respect of or in relation to such supply of goods or services, including all taxes, commissions, costs and charges whatsoever, but not including value-added tax chargeable in respect of that supply.<\/p>\n<p>(2)The amount on which tax is chargeable on the intra-Community acquisition of goods by virtue of section 3(d) or (e) shall, subject to this Chapter, be the total consideration, including all taxes, commissions, costs and charges whatsoever, but not including value-added tax chargeable in respect of that acquisition.<\/p>\n<p>(3)Where the consideration referred to in subsection (1) or (2) does not consist of or does not consist wholly of an amount of money, the amount on which tax is chargeable shall be the total amount of money which might reasonably be expected to be charged if the consideration consisted entirely of an amount of money equal to the open market price.<\/p>\n<p>(4)Subject to sections 91C(5) and 91E(5), in relation to the tax chargeable by virtue of section 3(a), (c), (d) or (e), where an amount is expressed in a currency other than the currency of the State &#8211;<\/p>\n<p>(a)unless paragraph (b) applies, the exchange rate to be used shall be the latest selling rate recorded by the Central Bank of Ireland or the European Central Bank for the currency in question at the time the tax becomes due,<\/p>\n<p>(b)if there is an agreement with the Revenue Commissioners for a method to be used in determining the exchange rate, then &#8211;<\/p>\n<p>(i)the exchange rate to be used shall be the exchange rate obtained using that method, and<\/p>\n<p>(ii)the method so agreed shall be applied for all transactions where an amount is expressed in a currency other than that of the State until the agreement to use such method is withdrawn by the Revenue Commissioners.<\/p>\n<p>38.<\/p>\n<h4>Determination that open market value applies.<\/h4>\n<p>(1)The Revenue Commissioners may, where they consider it necessary or appropriate to do so to ensure the correct collection of the tax, make a determination that the amount on which tax is chargeable on a supply of goods or services is the open market value of that supply, if the Commissioners are satisfied &#8211;<\/p>\n<p>(a)that the actual consideration in relation to that supply is &#8211;<\/p>\n<p>(i)lower than the open market value of that supply where the recipient of that supply &#8211;<\/p>\n<p>(I)has no entitlement to deduct tax under Chapter 1 of Part 8,<\/p>\n<p>(II)is not entitled to deduct all of the tax chargeable on that supply, or<\/p>\n<p>(III)is a flat-rate farmer,<\/p>\n<p>(ii)lower than the open market value of that supply, being an exempted activity, where the supplier &#8211;<\/p>\n<p>(I)engages in the course or furtherance of business in non-deductible supplies or activities within the meaning of section 61(1), or<\/p>\n<p>(II)is a flat-rate farmer,<\/p>\n<p>or<\/p>\n<p>(iii)higher than the open market value where the supplier &#8211;<\/p>\n<p>(I)engages in the course or furtherance of business in non-deductible supplies or activities within the meaning of section 61(1), or<\/p>\n<p>(II)is a flat-rate farmer,<\/p>\n<p>and<\/p>\n<p>(b)that &#8211;<\/p>\n<p>(i)the supplier and the recipient of that supply are persons connected by financial or legal ties, being persons who are party to any agreement, understanding, promise or undertaking whether express or implied and whether or not enforceable or intended to be enforceable by legal proceedings, or<\/p>\n<p>(ii)either the supplier or the recipient of that supply exercises control (within the meaning assigned to it by section 4(2)) over the other.<\/p>\n<p>(2)For the purposes of this Act, a value determined in accordance with this section shall be deemed to be the true value of the supply to which it applies.<\/p>\n<p>(3)The Revenue Commissioners may make regulations as seem to them to be necessary for the purposes of this section.<\/p>\n<p>(4)An inspector of taxes, or such other officer as the Revenue Commissioners may authorise for the purpose, may make a determination under this section.<\/p>\n<p>39. General provisions on consideration.<br \/>\n(1)Where the consideration actually received in relation to the supply of any goods or services exceeds the amount that the person supplying the goods or services was entitled to receive, the amount on which tax is chargeable shall be the amount actually received (excluding tax chargeable in respect of the supply).<\/p>\n<p>(2)Subject to subsection (3), where, in a case not coming within section 38, the consideration actually received in relation to the supply of any goods or services is less than the amount on which tax is chargeable or no consideration is actually received, such relief may be given by repayment or otherwise in respect of the deficiency as may be provided by regulations.<\/p>\n<p>(3)Subsection (2) shall not apply in the case of the letting of immovable goods which is a taxable supply of goods in accordance with section 95.<\/p>\n<p>(4)Where, following the issue of an invoice by an accountable person in respect of a supply of goods or services, the accountable person allows a reduction or discount in the amount of the consideration due in respect of that supply, the relief referred to in subsection (2) shall not be given until he or she issues the credit note required in accordance with section 67(1)(b) in respect of that reduction or discount.<\/p>\n<p>40.<\/p>\n<h4>Special consideration rule, triangulation.<\/h4>\n<p>Where &#8211;<\/p>\n<p>(a)an intra-Community acquisition is deemed to have taken place in the territory of another Member State in accordance with section 32(1),<\/p>\n<p>(b)the intra-Community acquisition has been subject to value-added tax, referred to in the VAT Directive, in that other Member State, and<\/p>\n<p>(c)the intra-Community acquisition is also deemed to have taken place in the State in accordance with section 32(2),<\/p>\n<p>then the consideration for the intra-Community acquisition to which paragraph (c) relates shall be reduced to nil.<\/p>\n<p>41.<\/p>\n<h4>Two-thirds rule.<\/h4>\n<p>(1)Where the value of movable goods (other than goods of a kind specified in paragraph 8 of Schedule 2) provided under an agreement for the supply of services exceeds two-thirds of the total consideration under the agreement for the provision of those goods and the supply of the services (other than transport services in relation to them) &#8211;<\/p>\n<p>(a)the consideration shall be deemed to be referable solely to the supply of the goods, and<\/p>\n<p>(b)tax shall be charged at the appropriate rate or rates specified in Chapter 1 of Part 6 on the basis of any apportionment of the total consideration made in accordance with subsection (2).<\/p>\n<p>(2)Where goods of different kinds are provided under an agreement of the kind referred to in subsection (1), the amount of the consideration referable to the supply of goods of each kind shall be ascertained for the purposes of that subsection by apportioning the total consideration in proportion to the value of the goods of each kind provided.<\/p>\n<p>(3)This section shall also apply to an agreement for the supply of immovable goods and, accordingly, the references in subsections (1) and (2) to an agreement for the supply of services shall be deemed to include a reference to such an agreement.<\/p>\n<p>(4)This section does not apply in respect of a supply of services to which section 16(3) or (5) applies.<\/p>\n<p>42.<\/p>\n<h4>Taxable amount for certain supplies.<\/h4>\n<p>(1)<\/p>\n<p>(a)Subject to paragraph (c), the amount on which tax is chargeable in relation to a supply of goods referred to in section 19(1)(e)(ii), (f) or (g) or a supply of services by virtue of regulations made for the purposes of section 27(1)(a) or (b) shall be the cost (excluding tax) of the goods to the person supplying or acquiring the goods or the cost (excluding tax) of supplying the services, as the case may be.<\/p>\n<p>(b)The amount on which tax is chargeable in relation to a supply of services by virtue of regulations made for the purposes of section 27(1)(c) shall be the open market price of the services supplied.<\/p>\n<p>(c)Where the supply referred to in paragraph (a) is a supply of immovable goods (in this paragraph referred to as the &#8220;appropriation&#8221;), the cost to the person making the appropriation shall include an amount equal to the amount on which tax was chargeable on the supply of those goods to that person, being the last supply of those goods to that person which preceded the appropriation.<\/p>\n<p>(2)<\/p>\n<p>(a)The amount on which tax is chargeable in relation to the supply of goods referred to in section 19(1)(h) shall be the cost of the goods to the person making the supply or, in the absence of such a cost, the cost price of similar goods in the State.<\/p>\n<p>(b)Where an intra-Community acquisition occurs in the State following a supply of goods in another Member State which, if such supply were carried out in similar circumstances in the State would be a supply of goods in accordance with section 19(1)(h), then the amount on which tax is chargeable in respect of that intra-Community acquisition shall be the cost to the person making the supply in that Member State or, in the absence of a cost to that person, the cost price of similar goods in that other Member State.<\/p>\n<p>(3)The amount on which tax is chargeable in relation to services for which the recipient is, by virtue of section 12 or 17(1), liable for the tax chargeable, shall be the consideration for which the services were in fact supplied to him or her.<\/p>\n<p>(4)In the case of a supply of goods of the kind referred to in section 19(1)(c), where, as part of an agreement of the kind referred to in that section, the supplier of the goods is also supplying financial services of the kind specified in paragraph 6(1)(e) of Schedule 1 in respect of those goods, the amount on which tax is chargeable in respect of the supply of the goods in question shall be the greater of &#8211;<\/p>\n<p>(a)the open market price of the goods,<\/p>\n<p>(b)the amount of the total consideration as specified in section 37(1) which the person supplying the goods becomes entitled to receive in respect of or in relation to such supply.<\/p>\n<p>(5)Where goods chargeable with a duty of excise (other than alcohol products within the meaning of section 92), are supplied while warehoused, and before payment of the duty, to an unregistered person, the amount on which tax is chargeable in respect of the supply shall be increased by an amount equal to the amount of duty that would be payable in relation to the goods if the duty had become due at the time of the supply.<\/p>\n<p>43.<\/p>\n<h4>Vouchers, etc.<\/h4>\n<p>(1)In this section &#8220;redeemable value&#8221; means the amount stated on a coupon, stamp, telephone card, token or voucher or, where an amount is not so stated, the value expressed in terms of money for which a coupon, stamp, telephone card, token or voucher can be used as consideration (or part consideration) for a supply of goods or services.<\/p>\n<p>(2)Subject to subsection (3), where a right to receive goods or services for the redeemable value of any coupon, stamp, telephone card, token or voucher is granted for a consideration, the consideration shall be disregarded for the purposes of this Act except to the extent (if any) that it exceeds that redeemable value.<\/p>\n<p>(3)Notwithstanding subsection (2), where &#8211;<\/p>\n<p>(a)a supplier &#8211;<\/p>\n<p>(i)supplies a coupon, stamp, telephone card, token or voucher, which has a redeemable value, to an accountable person who acquires it in the course or furtherance of business with a view to resale, and<\/p>\n<p>(ii)promises to subsequently accept that coupon, stamp, telephone card, token or voucher at its redeemable value in full or part payment of the price of goods or services,<\/p>\n<p>and<\/p>\n<p>(b)an accountable person who acquires that coupon, stamp, telephone card, token or voucher whether from the supplier referred to in paragraph (a) or from any other accountable person in the course or furtherance of business, supplies it for consideration in the course or furtherance of business,<\/p>\n<p>then, in the case of each such supply, the consideration received shall not be disregarded for the purposes of this Act and when such coupon, stamp, telephone card, token or voucher is used in payment or part payment of the price of goods or services, its redeemable value shall be disregarded for the purposes of section 37(3).<\/p>\n<p>(4)Provision may be made by regulations for the purpose of determining the amount on which tax is chargeable in relation to one or more of the following:<\/p>\n<p>(a)supplies of coupons, stamps, tokens or vouchers when supplied as things in action (not being coupons, stamps, tokens or vouchers specified in subsection (2));<\/p>\n<p>(b)subject to subsection (3) or (5), supplies of goods or services wholly or partly in exchange for coupons, stamps, telephone cards, tokens or vouchers of a kind specified in subsection (2) or paragraph (a),<\/p>\n<p>and such regulations may, in the case of supplies referred to in paragraph (a), provide that the amount on which tax is chargeable shall be nil.<\/p>\n<p>(5)<\/p>\n<p>(a)Where a supplier sells a voucher to a buyer at a discount and promises to subsequently accept that voucher at its face value in full or part payment of the price of goods purchased by a customer who was not the buyer of the voucher, and who does not normally know the actual price at which the voucher was sold by the supplier, the consideration represented by the voucher shall, subject to regulations (if any), be the sum actually received by the supplier on the sale of the voucher.<\/p>\n<p>(b)Paragraph (a) is for the purpose of giving further effect to Article 73 of the VAT Directive, and shall be construed accordingly.<\/p>\n<p>43A. Vouchers &#8211; Multi-purpose and single &#8211; purpose, etc.<br \/>\n(1)In this section &#8211;<\/p>\n<p>&#8216;multi-purpose voucher&#8217; means a voucher other than a single-purpose voucher;<\/p>\n<p>&#8216;single-purpose voucher&#8217; means a voucher where the place of supply of the goods or the services to which the voucher relates, and the tax due on those goods or services, are known at the time of issue of the voucher;<\/p>\n<p>&#8216;voucher&#8217; means an instrument, whether in an electronic or physical format, where there is an obligation to accept it as consideration or part consideration for a supply of goods or services and where the goods or services to be supplied or the identities of their potential suppliers are either indicated on the instrument itself or in related documentation, including the terms and conditions of use of such instruments.<\/p>\n<p>(2)<\/p>\n<p>(a)The actual handing over of goods or the actual provision of services in return for a multi-purpose voucher, accepted as consideration or part consideration by a supplier shall be a supply, but each preceding transfer of that multi-purpose voucher shall be disregarded for the purposes of this Act.<\/p>\n<p>(b)Where a multi-purpose voucher is issued or transferred by a taxable person, other than the taxable person carrying out the supply as set out in paragraph (a), the supply of additional services, insofar as they can be identified, shall be subject to tax.<\/p>\n<p>(3)The taxable amount of the supply of goods or services provided in respect of a multi-purpose voucher shall be deemed to be equal to the consideration paid for the voucher or, in the absence of information on that consideration, the monetary value indicated on or within the multi-purpose voucher or in the related documentation, less the amount of tax relating to the goods or services supplied.<\/p>\n<p>(4)<\/p>\n<p>(a)Each transfer of a single-purpose voucher made by a taxable person acting in his or her own name shall be regarded as a supply of goods or services to which the voucher relates and shall be subject to tax.<\/p>\n<p>(b)Where a transfer of a single-purpose voucher is made by a taxable person acting in the name of another person, that transfer shall be regarded as a supply of goods or services made by that other person in whose name the taxable person is acting.<\/p>\n<p>(c)Where the supplier of goods or services is not the taxable person who, acting in his or her own name, issued the single-purpose voucher, that supplier shall be deemed to have made that supply of the goods or services related to that voucher to that taxable person.<\/p>\n<p>(d)The actual handing over of the goods or the actual provision of the services in return for a single-purpose voucher accepted as consideration or part consideration by the supplier shall not be regarded as an independent transaction and shall not be subject to tax.<\/p>\n<p>(5)Where a supplier sells a single-purpose voucher to a buyer at a discount and promises to subsequently accept that voucher at its face value in full or part payment of the price of the goods or services purchased by a customer who was not the buyer of the voucher, and who does not normally know the actual price at which the voucher was sold by the supplier, the consideration represented by the voucher shall, subject to regulations (if any), be the sum actually received by the supplier on the sale of the voucher.<\/p>\n<p>(6)This section shall apply to a single-purpose voucher or a multi-purpose voucher issued on or after 1 January 2019.<\/p>\n<p>44.<\/p>\n<h4>Non-business use of immovable goods.<\/h4>\n<p>(1)The amount on which tax is chargeable in relation to a supply of services referred to in section 27(2) in any taxable period shall be an amount equal to one sixth of one twentieth of the cost of the immovable goods used to provide those services, being &#8211;<\/p>\n<p>(a)the amount on which tax was chargeable to the person making the supply in respect of that person&#8217;s acquisition or development of the immovable goods referred to in section 27(2), and<\/p>\n<p>(b)in the case where section 20(2)(c) applied to the acquisition of the immovable goods, the amount on which tax would have been chargeable but for the application of that section,<\/p>\n<p>adjusted to correctly reflect the proportion of the use of the goods in that period.<\/p>\n<p>(2)The Revenue Commissioners may make regulations specifying methods which may be used &#8211;<\/p>\n<p>(a)to identify the proportion which correctly reflects the extent to which immovable goods are used for the purposes referred to in section 27(2), and<\/p>\n<p>(b)to calculate the relevant taxable amount or amounts.<\/p>\n<p>Chapter 2 Adjustment and recovery of consideration (s. 45)<br \/>\n45.<\/p>\n<h4>Adjustment and recovery of consideration.<\/h4>\n<p>(1)Where, after the making of an agreement for the supply of goods or services and before the date on which under section 74(1) or (2), as may be appropriate, any tax in respect of the transaction falls due, there is a change in the amount of tax chargeable on the supply in question, then, in the absence of agreement to the contrary, there shall be added to or deducted from the total amount of the consideration and any tax stated separately under the agreement an amount equal to the amount of the change in the tax chargeable.<\/p>\n<p>(2)References in subsection (1) to a change in the amount of tax chargeable on the supply of goods or services include references to a change to or from a situation in which no tax is being charged on the supply.<\/p>\n<p>(3)Subject to subsection (4), where, in relation to a supply of goods or services by an accountable person, the person issues an invoice in which the tax chargeable in respect of the transaction is stated separately, then, for the purpose of its recovery, the tax so stated shall be deemed to be part of the consideration for the transaction and shall be recoverable accordingly by the person.<\/p>\n<p>(4)Where the invoice referred to in subsection (3) is issued pursuant to section 66(1), subsection (3) shall not apply unless the invoice is in the form and contains the particulars specified by regulations.<\/p>\n<p>Part 6<\/p>\n<h4>Rates and Exemption (ss. 46-52)<\/h4>\n<p>Chapter 1 Rates (ss. 46-51)<br \/>\n46.<\/p>\n<h4>Rates of tax.<\/h4>\n<p>(1)Tax shall be charged, in relation to the supply of taxable goods or services, the intra-Community acquisition of goods and the importation of goods, at whichever of the following rates is appropriate in any particular case:<\/p>\n<p>(a)subject to subsection (1A), 23 per cent of the amount on which tax is chargeable other than in relation to goods or services on which tax is chargeable at any of the rates specified in paragraphs (b), (c), (ca), (caa), (cb) and (d);<\/p>\n<p>(b)zero per cent of the amount on which tax is chargeable in relation to goods in the circumstances specified in paragraphs 1(1) to (3), 3(1) and (3) and 7(1) to (4) and (6) of Schedule 2 or of goods or services of a kind specified in the other paragraphs of that Schedule;<\/p>\n<p>(c)subject to paragraphs (ca), (caa) and (cb), 13.5 per cent of the amount on which tax is chargeable in relation to goods or services of a kind specified in Schedule 3;<\/p>\n<p>(ca)9 per cent in relation to goods or services of a kind specified in paragraphs 7(a), 7A and 12 of Schedule 3 on which tax would, but for this paragraph, be chargeable in accordance with paragraph (c);<\/p>\n<p>(caa)during the period from 1 May 2022 to 31 October 2024, 9 per cent in relation to goods of a kind specified in paragraph 17(2) and (3) of Schedule 3 on which tax would, but for this paragraph, be chargeable in accordance with paragraph (c);<\/p>\n<p>(cb)during the period from 1 November 2020 to 31 August 2023, 9 per cent in relation to goods or services of a kind specified in paragraphs 3(1), 3(3), 7(b) to (e), 8, 11 and 13(3) of Schedule 3 on which tax would, but for this paragraph, be chargeable in accordance with paragraph (c);<\/p>\n<p>(d)4.8 per cent of the amount on which tax is chargeable in relation to the supply of livestock.<\/p>\n<p>(1A)During the period from 1 September 2020 to 28 February 2021, paragraph (a) of subsection (1) shall have effect as if there were substituted \u201821 per cent\u2019 for \u201823 per cent\u2019.<\/p>\n<p>(2)The rate at which tax is chargeable under section 3 (a), (c), (d) or (e) is the rate in force at the time when the tax becomes due as provided by section 74(1) or (2) or 75 (whichever is applicable).<\/p>\n<p>(3)Goods or services which are specifically excluded from any paragraph of a Schedule shall, unless the contrary intention is expressed, be regarded as excluded from every other paragraph of that Schedule, and shall not be regarded as specified in that Schedule.<\/p>\n<p>(4)<\/p>\n<p>(a)The Minister may by order vary Schedule 2 or 3 by adding to or deleting therefrom descriptions of goods or services of any kind or by varying any description of goods or services for the time being specified therein, but no order shall be made under this Chapter for the purpose of increasing any of the rates of tax or extending the classes of activities or goods in respect of which tax is for the time being chargeable.<\/p>\n<p>(b)The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).<\/p>\n<p>(c)An order under this subsection shall be laid before D\u00e1il \u00c9ireann as soon as may be after it has been made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(5)<\/p>\n<p>(a)Where the European Commission adopts a decision to extend or further extend the period of application of the relief granted by Commission Decision (EU) 2020\/491 to a date later than 30 April 2021 or to any later date, as the case may be (in this paragraph referred to as the &#8216;extended period&#8217;), the Minister shall by order amend subclause (ii) of paragraph 11(4)(a) of Schedule 2 so as to extend or further extend, as the case may be, the period specified in that subclause for such extended period.<\/p>\n<p>(b)An order under paragraph (a) may, if so expressed, have retrospective effect.<\/p>\n<p>(c)An order under paragraph (a) shall be laid before D\u00e1il \u00c9ireann as soon as may be after it has been made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>(d)In this subsection &#8211;<\/p>\n<p>&#8216;Commission Decision (EU) 2020\/491&#8217; means Commission Decision (EU) 2020\/491 of 3 April 2020 on relief from import duties and VAT exemption on importation granted for goods needed to combat the effects of the Covid-19 outbreak during 2020, as amended by Commission Decision (EU) 2020\/1101 of 23 July 2020 and Commission Decision (EU) 2020\/1573 of 28 October 2020 ;<\/p>\n<p>&#8216;Covid-19&#8217; has the same meaning as in the Emergency Measures in the Public Interest (Covid-19) Act 2020.<\/p>\n<p>47.<\/p>\n<h4>Composite and multiple supplies.<\/h4>\n<p>(1)Subject to section 41 &#8211;<\/p>\n<p>(a)in the case of a composite supply, the tax chargeable on the total consideration which the accountable person is entitled to receive for that composite supply shall be at the rate specified in section 46(1) which is appropriate to the principal supply, but if that principal supply is an exempted activity, tax shall not be chargeable in respect of that composite supply,<\/p>\n<p>(b)in the case of a multiple supply &#8211;<\/p>\n<p>(i)the tax chargeable on each individual supply in that multiple supply shall be at the rate specified in section 46(1) appropriate to each such individual supply, and<\/p>\n<p>(ii)in order to ascertain the taxable amount referable to each individual supply for the purpose of applying the appropriate rate thereto, the total consideration which the accountable person is entitled to receive in respect of that multiple supply shall be apportioned between those individual supplies in a way that correctly reflects the ratio which the value of each such individual supply bears to the total consideration for that multiple supply.<\/p>\n<p>(2)In the case where a person acquires a composite supply or a multiple supply by means of an intra-Community acquisition, this section shall apply to that acquisition.<\/p>\n<p>(3)The Revenue Commissioners may make regulations as necessary specifying &#8211;<\/p>\n<p>(a)the circumstances or conditions under which a supply may or may not be treated as an ancillary supply, a composite supply, an individual supply, a multiple supply or a principal supply,<\/p>\n<p>(b)the methods of apportionment which may be applied for the purposes of subsections (1) and (2),<\/p>\n<p>(c)a relatively small amount, or an element of a supply, which may be disregarded for the purposes of applying this section.<\/p>\n<p>48.<\/p>\n<h4>Works of art, etc.<\/h4>\n<p>(1)Notwithstanding section 46(1), tax shall be charged at the rate specified in paragraph (c) or (ca), as appropriate, of section 46(1) of the amount on which tax is chargeable in relation to &#8211;<\/p>\n<p>(a)the importation into the State of goods specified in Schedule 5,<\/p>\n<p>(b)the supply of a work of art of the kind specified in paragraph 1 of Schedule 5, effected by its creator or the creator&#8217;s successors in title, or<\/p>\n<p>(c)the supply of a work of art of the kind specified in paragraph 1 of Schedule 5, effected on an occasional basis by an accountable person other than a taxable dealer where &#8211;<\/p>\n<p>(i)that work of art has been imported by the accountable person,<\/p>\n<p>(ii)that work of art has been supplied to the accountable person by its creator or the creator&#8217;s successors in title, or<\/p>\n<p>(iii)the tax chargeable in relation to the purchase, intra-Community acquisition or importation of that work of art by the accountable person was wholly deductible under Chapter 1 of Part 8.<\/p>\n<p>(2)Notwithstanding section 46(1), tax shall be charged at the rate specified in paragraph (c) or (ca), as appropriate, of section 46(1) of the amount on which tax is chargeable in relation to the intra-Community acquisition in the State by an accountable person of a work of art of the kind specified in paragraph 1 of Schedule 5 where the supply of that work of art to that accountable person which resulted in that intra-Community acquisition is a supply of the kind that would be charged at the rate specified in paragraph (c) or (ca), as appropriate, of section 46(1) in accordance with subsection (1)(b) or (c) if that supply had occurred within the State.<\/p>\n<p>49.<\/p>\n<h4>Contract work.<\/h4>\n<p>(1)Notwithstanding section 46(1) but subject to subsection (2), the rate at which tax is chargeable on a supply of contract work shall be the rate that would be chargeable if that supply of services were a supply of the goods being handed over by the contractor to the person to whom that supply is made.<\/p>\n<p>(2)Subsection (1) shall not apply to a supply of contract work in the circumstances specified in paragraph 3(4) of Schedule 2.<\/p>\n<p>50.<\/p>\n<h4>Provisions in relation to certain supplies.<\/h4>\n<p>(1)Where &#8211;<\/p>\n<p>(a)goods are supplied by a manufacturer to a person and materials have been supplied by or on behalf of that person for the manufacture of those goods, and<\/p>\n<p>(b)the rate of tax chargeable in relation to the supply of the goods (in this subsection referred to as the &#8220;goods rate&#8221;) exceeds the rate of tax (in this subsection referred to as the &#8220;materials rate&#8221;) that would be chargeable in relation to a supply within the State of the materials,<\/p>\n<p>then the manufacturer shall, in respect of the supply of such goods, be liable (in addition to any other liability imposed on the manufacturer by this Act) to pay tax on the value of the materials provided to the manufacturer at a rate equivalent to the difference between the goods rate and the materials rate.<\/p>\n<p>(2)Where &#8211;<\/p>\n<p>(a)goods of a kind specified in paragraph 8 of Schedule 2 are used by a person in the course of the supply by the person of taxable services, and<\/p>\n<p>(b)the goods are provided by or on behalf of the person to whom the services are supplied,<\/p>\n<p>the person who supplies the taxable services shall be liable in respect thereof (in addition to any other liability imposed on him or her under this Act) to pay tax on the value of the goods so used at the rate specified in paragraph (c) or (ca), as appropriate, of section 46(1).<\/p>\n<p>(3)Where immovable goods consisting of machinery or business installations are let separately from other immovable goods of which they form part, tax shall be chargeable in respect of the transaction at the rate which would be chargeable if it were a hiring of movable goods of the same kind.<\/p>\n<p>51.<\/p>\n<p>Determinations on rates and exemptions.<br \/>\nRepealed from 18 December 2023<br \/>\n(1)On receipt of an application in writing from an accountable person, the Revenue Commissioners shall, in accordance with regulations and after such consultation (if any) as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them, make a determination concerning &#8211;<\/p>\n<p>(a)whether an activity of any particular kind carried on by the person is an exempted activity, or<\/p>\n<p>(b)the rate at which tax is chargeable in relation to the supply or intra-Community acquisition by the person of goods of any kind, the supply or intra-Community acquisition of goods in any particular circumstances or the supply by the person of services of any kind.<\/p>\n<p>(2)The Revenue Commissioners may, whenever they consider it expedient to do so, in accordance with regulations and after such consultation (if any) as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them, make a determination concerning &#8211;<\/p>\n<p>(a)whether an activity of any particular kind is an exempted activity, or<\/p>\n<p>(b)the rate at which tax is chargeable in relation to the supply or intra-Community acquisition of goods of any kind, the supply or intra-Community acquisition of goods in any particular circumstances or the supply of services of any kind.<\/p>\n<p>(3)For the purposes of this Act, a determination under this section shall have effect &#8211;<\/p>\n<p>(a)in relation to an accountable person who makes an application for the determination, as on and from the date which shall be specified for the purpose in the determination communicated to the accountable person in accordance with subsection (5)(a), and<\/p>\n<p>(b)in relation to any other person, as on and from the date which shall be specified for the purpose in the determination as published in Iris Oifigi\u00fail.<\/p>\n<p>(4)The Revenue Commissioners shall not make a determination under this section concerning any matter which has been determined on appeal under this Act or which is for the time being governed by an order under section 46(4) or 52(2), and shall not be required to make such a determination in relation to any of the matters referred to in an application under subsection (1) if &#8211;<\/p>\n<p>(a)a previous determination has been published in regard to the matter, or<\/p>\n<p>(b)in their opinion the subject matter of the application is sufficiently free from doubt as not to warrant the making and publication of a determination.<\/p>\n<p>(5)<\/p>\n<p>(a)A determination under subsection (1) shall, as soon as may be after its making, be communicated to the person who made the application by the service on the person by the Revenue Commissioners of a notice containing particulars of the determination.<\/p>\n<p>(b)A determination under subsection (1) may, and a determination under subsection (2) shall, be published in Iris Oifigi\u00fail and in at least one daily newspaper published in the State.<\/p>\n<p>(6)A person aggrieved by a determination under subsection (1) made pursuant to an application by him or her may appeal the determination to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice of that determination in accordance with subsection (5)(a).<\/p>\n<p>(7)Any accountable person who, in the course of business, supplies goods or makes an intra-Community acquisition of goods, or supplies services of a kind or in circumstances specified in a determination under subsection (1) or (2), and who is aggrieved by that determination, may appeal that determination to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the publication of that determination in Iris Oifigi\u00fail in accordance with subsection (5)(b).<\/p>\n<p>Chapter 2 Exemptions (s. 52)<br \/>\n52.<\/p>\n<h4>General rule on exempted activity.<\/h4>\n<p>(1)Tax shall not be chargeable in respect of any exempted activity.<\/p>\n<p>(2)<\/p>\n<p>(a)The Minister may by order amend Schedule 1.<\/p>\n<p>(b)The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph.<\/p>\n<p>(c)An order under this subsection shall be laid before D\u00e1il \u00c9ireann as soon as may be after it is made and, if a resolution annulling the order is passed by D\u00e1il \u00c9ireann within the next 21 days on which D\u00e1il \u00c9ireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.<\/p>\n<p>&nbsp;<\/p>\n<p>Part 8 Deductions (ss. 59-64)<br \/>\nChapter 1 General provisions (ss. 59-62)<br \/>\n59.<\/p>\n<p>&nbsp;<\/p>\n<h4>Deduction for tax borne or paid.<\/h4>\n<p>(1)In this subsection and subsection (2) &#8211;<\/p>\n<p>&#8220;qualifying activities&#8221; means &#8211;<br \/>\n(a)transport outside the State of passengers and their accompanying baggage<br \/>\n(b)supplies of goods which, by virtue of section 30, are deemed to have taken place in the territory of another Member State but only if the supplier of those goods is registered for value-added tax in that other Member State<br \/>\n(d)services specified in paragraph 6(1), 7(1) or 8 of Schedule 1 supplied &#8211;<br \/>\n(i)outside the Community, or<br \/>\n(ii)directly in connection with the export of goods to a place outside the Community, and<br \/>\n(e)[deleted]<br \/>\n(f)supplies of goods or services outside the State which would be taxable supplies if made in the State;<\/p>\n<p>&#8220;qualifying vehicle&#8221; means a motor vehicle which, for the purposes of vehicle registration tax, is first registered, in accordance with section 131 of the Finance Act 1992 &#8211;<br \/>\n(a)in the period on or after 1 January 2009 and up to 31 December 2020, and has, for the purposes of that registration, a level of CO2 emissions of less than 156g\/km, or<br \/>\n(b)on or after 1 January 2021, and has, for the purposes of that registration, a level of CO2 emissions of less than 140g\/km.<\/p>\n<p>(2)Subject to subsection (3), in computing the amount of tax payable by an accountable person in respect of a taxable period, that person may, in so far as the goods and services are used by him or her for the purposes of his or her taxable supplies or of any of the qualifying activities, deduct &#8211;<\/p>\n<p>(a)the tax charged to him or her during the period by other accountable persons by means of invoices, prepared in the manner prescribed by regulations, in respect of supplies of goods or services to him or her,<\/p>\n<p>(b)in respect of goods imported by him or her in the period, the tax paid by him or her or deferred as established from the relevant customs documents kept by him or her in accordance with section 84(3),<\/p>\n<p>(c)subject to such conditions (if any) as may be specified in regulations, the tax chargeable during the period, being tax for which he or she is liable in respect of intra-Community acquisitions of goods,<\/p>\n<p>(d)subject to section 61 and regulations (if any), 20 per cent of the tax charged to the accountable person by means of invoices or other documents prepared in the manner prescribed by regulations or by relevant customs documents, in respect of the purchase, hiring, intra-Community acquisition or importation of a qualifying vehicle, where that vehicle is used primarily for business purposes, being at least 60 per cent of the use to which that vehicle is put, and where the accountable person subsequently disposes of that vehicle the tax deducted by that person in accordance with this subsection shall be treated as if it were not deductible by that person for the purposes of paragraph 12(c) of Schedule 1,<\/p>\n<p>(e)the tax chargeable during the period, being tax for which the accountable person is liable by virtue of section 1(1) in respect of the supply to such person of gas through the natural gas distribution network, or of heat or cooling energy through heating or cooling networks, or of electricity, but only where the accountable person would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such person by another accountable person,<\/p>\n<p>(f)the tax chargeable during the period, being tax for which the accountable person is liable by virtue of section 10(2) in respect of goods which are installed or assembled but only where the accountable person would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such person by another accountable person,<\/p>\n<p>(g)the tax chargeable during the period, being tax for which he or she is liable by virtue of section 12 or 17(1) in respect of services received by him or her,<\/p>\n<p>(h)the tax chargeable during the period, being tax for which the recipient (within the meaning of section 16(2)) is liable by virtue of section 16(2) in respect of greenhouse gas emission allowances (within the meaning of section 16 (2)) received by that recipient, but only where the recipient would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such recipient by an accountable person,<\/p>\n<p>(i)the tax chargeable during the period, being tax for which the principal is liable by virtue of section 16(3) in respect of construction operations services received by that principal but only where that principal would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such principal by another accountable person,<\/p>\n<p>(ia)the tax chargeable during the period, being tax for which the recipient (within the meaning of section 16(4)(b)) is liable by virtue of section 16(4)(b) in respect of scrap metal (within the meaning of section 16(4)(a)) received by that recipient, but only where the recipient would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such recipient by an accountable person,<\/p>\n<p>(ib)the tax chargeable during the period, being tax for which the recipient (within the meaning of section 16(5)(b)) is liable by virtue of section 16(5)(b) in respect of supplies of construction work received by that recipient, but only where that recipient would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such recipient by an accountable person,<\/p>\n<p>(ic)the tax chargeable during the period, being tax for which the recipient (within the meaning of section 16(6)(b)) is liable by virtue of section 16(6)(b) in respect of supplies of gas or of electricity received by that recipient, but only where that recipient would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such a recipient by an accountable person,<\/p>\n<p>(id)the tax chargeable during the period, being tax for which the recipient (within the meaning of section 16(7)(b)) is liable by virtue of section 16(7)(b) in respect of a gas or an electricity certificate received by that recipient, but only where that recipient would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such a recipient by an accountable person,<\/p>\n<p>(j)the tax chargeable during the period, being tax for which the accountable person is liable by virtue of section 16(1), 94(6)(a) or (7) or 95(8)(c) to (e), in respect of a supply to that person of immovable goods,<\/p>\n<p>(k)the tax chargeable during the period in respect of goods (other than supplies of goods referred to in section 30) treated as supplied by him or her in accordance with section 19(1)(f),<\/p>\n<p>(l)subject to and in accordance with regulations, in respect of goods supplied under section 19(1)(h) an amount equal to any residual tax included in the consideration for the supply,<\/p>\n<p>(m)[deleted]<\/p>\n<p>(n)the tax chargeable during the period in respect of services treated as supplied by him or her for consideration in the course or furtherance of his or her business in accordance with section 27(1)(c),<\/p>\n<p>(o)a flat-rate addition, which shall be deemed to be tax, charged to him or her during the period by means of invoices prepared in the manner prescribed by regulations and issued to him or her in accordance with section 86(1),<\/p>\n<p>(p)the tax chargeable during the period, being tax for which he or she is liable by virtue of section 90(5)(a) in respect of investment gold (within the meaning of section 90) received by him or her, and<\/p>\n<p>(q)subject to such conditions (if any) as may be specified in regulations, in respect of goods referred to in section 92, the tax due in the period in accordance with that section.<\/p>\n<p>(2A)[deleted]<\/p>\n<p>(3)Subsection (2) shall not apply to &#8211;<\/p>\n<p>(a)an accountable person referred to in section 9(4) or 12(3), or<\/p>\n<p>(b)an accountable person referred to in section 9(6) or 12(5) unless the tax relates to racehorse training services supplied by him or her.<\/p>\n<p>(4)<\/p>\n<p>(a)A person who, by election or in accordance with section 5(2) is deemed to become an accountable person, shall, in accordance with regulations, be entitled, in computing the amount of tax payable by him or her in respect of the first taxable period for which he or she is so deemed to be an accountable person, to treat as tax deductible under subsection (2) such part of the value of the stock-in-trade held by him or her immediately before the commencement of that taxable period as could reasonably be regarded as the amount which he or she would be entitled to claim under subsection (2) if that person had been an accountable person at the time of the delivery to him or her of such stock-in-trade.<\/p>\n<p>(b)No claim shall lie under this subsection for a deduction for the tax relating to any stock-in-trade if, and to the extent that, a deduction under subsection (2) could be claimed apart from this subsection.<\/p>\n<p>(5)Where, in relation to any taxable period, the total amount deductible under this Chapter exceeds the amount which, but for this Chapter, would be payable in respect of such period, the excess shall be refunded to the accountable person in accordance with section 99(1), but subject to section 100.<\/p>\n<p>60. General limits on deductibility.<br \/>\n(1)In this subsection and subsection (2) &#8211;<\/p>\n<p>&#8220;delegate&#8221; means a taxable person or a taxable person&#8217;s employee or agent who attends a qualifying conference in the course or furtherance of the taxable person&#8217;s business;<\/p>\n<p>&#8220;motor vehicles&#8221; means motor vehicles designed and constructed for the conveyance of persons by road and sports motor vehicles, estate cars, station wagons, motor cycles, motor scooters, mopeds and auto cycles, whether or not so designed and constructed, excluding vehicles designed and constructed for the carriage of more than 16 persons (inclusive of the driver), invalid carriages and other vehicles of a type designed for use by invalids or infirm persons;<\/p>\n<p>&#8220;qualifying accommodation&#8221; means the supply to a delegate of a service consisting of the letting of immovable goods or accommodation covered by paragraph 11 of Schedule 3, for a maximum period starting from the night prior to the date on which the qualifying conference commences and ending on the date on which the conference concludes;<\/p>\n<p>&#8220;qualifying conference&#8221; means a conference or meeting in the course or furtherance of business organised to cater for 50 or more delegates, which takes place at a venue designed and constructed for the purposes of hosting 50 or more delegates and in respect of which the person responsible for organising the conference issues in writing the details of the conference to each taxable person who attends or sends a delegate, and such details shall include &#8211;<br \/>\n(a)the location and dates of the conference<br \/>\n(b)the nature of the business being conducted<br \/>\n(c)the number of delegates for whom the conference is organised, and<br \/>\n(d)the name, business address and value-added tax registration number of the person responsible for organising the conference.<\/p>\n<p>(2)<\/p>\n<p>(a)Notwithstanding anything in this Chapter, a deduction of tax under this Chapter shall not be made if, and to the extent that, the tax relates to &#8211;<\/p>\n<p>(i)expenditure incurred by the accountable person on food or drink, or accommodation (other than qualifying accommodation in connection with attendance at a qualifying conference), or other personal services, for the accountable person, the accountable person&#8217;s agents or employees, except to the extent (if any) that such expenditure is incurred in relation to a supply of services in respect of which that accountable person is accountable for tax,<\/p>\n<p>(ii)expenditure incurred by the accountable person on food or drink, or accommodation or other entertainment services, where such expenditure forms all or part of the cost of providing an advertising service in respect of which tax is due and payable by the accountable person,<\/p>\n<p>(iia)expenditure incurred by the accountable person on the acquisition or development, on or after 1 January 2011, of immovable goods forming part of the assets of a business where such goods are used or to be used for any purpose other than those of the accountable person&#8217;s business,<\/p>\n<p>(iii)entertainment expenses incurred by the accountable person, his or her agents or his or her employees,<\/p>\n<p>(iv)subject to section 59(2)(d), the purchase, hiring, intra-Community acquisition or importation of motor vehicles otherwise than as stock-in-trade or for the purpose of the supply thereof by a person supplying financial services of the kind specified in paragraph 6(1)(e) of Schedule 1 in respect of those motor vehicles as part of an agreement of the kind referred to in section 19(1)(c) or for the purposes of a business which consists in whole or part of the hiring of motor vehicles or for use, in a driving school business, for giving driving instruction,<\/p>\n<p>(v)the purchase, intra-Community acquisition or importation of petrol otherwise than as stock-in-trade, or<\/p>\n<p>(vi)the procurement of a supply of contract work where such supply consists of the handing over of goods to which this paragraph applies.<\/p>\n<p>(b)<\/p>\n<p>(i)In subparagraph (i) of paragraph (a), reference to the provision of accommodation includes expenditure by the accountable person on a building, including the fitting out of such building, to provide such accommodation.<\/p>\n<p>(ii)In subparagraph (iii) of paragraph (a), entertainment expenses includes expenditure on a building or facility, including the fitting out of such building or facility, to provide such entertainment.<\/p>\n<p>(3)Notwithstanding anything in this Chapter, where section 87(3) or (8) or 89(3) has been applied to a supply of goods to an accountable person, that accountable person shall not deduct, in accordance with section 59(2), any tax in relation to the supply to him or her.<\/p>\n<p>61.<\/p>\n<h4>Apportionment for dual-use inputs.<\/h4>\n<p>(1)In this section &#8211;<\/p>\n<p>&#8220;deductible supplies or activities&#8221; means the supply of taxable goods or taxable services, or the carrying out of qualifying activities within the meaning of section 59(1);<\/p>\n<p>&#8220;dual-use inputs&#8221; means movable goods or services (other than goods or services on the purchase or acquisition of which, by virtue of section 60(2), a deduction of tax shall not be made, or services related to the development of immovable goods that are subject to Chapter 2) which are not used solely for the purposes of either deductible supplies or activities or non-deductible supplies or activities;<\/p>\n<p>&#8220;non-deductible supplies or activities&#8221; means the supply of goods or services or the carrying out of activities other than deductible supplies or activities, and, in the case of immovable goods acquired or developed by an accountable person on or after 1 January 2011, includes any activity consisting of the use of those goods, or part of those goods, for any purpose other than the accountable person&#8217;s business;<\/p>\n<p>&#8220;total supplies and activities&#8221; means deductible supplies or activities and non-deductible supplies or activities.<\/p>\n<p>(2)Where an accountable person engages in both deductible supplies or activities and non-deductible supplies or activities, then, in relation to the person&#8217;s acquisition of dual-use inputs for the purpose of that person&#8217;s business for a period, the person shall be entitled to deduct in accordance with section 59(2) only such proportion of tax, borne or payable on that acquisition, which is calculated in accordance with this section and regulations, as being attributable to his or her deductible supplies or activities and such proportion of tax is, for the purposes of this section, referred to as the &#8220;proportion of tax deductible&#8221;.<\/p>\n<p>(3)For the purposes of this section, the reference in subsection (2) to &#8220;tax, borne or payable&#8221; shall, in the case of an acquisition of a qualifying vehicle (within the meaning of section 59(1)) be deemed to be a reference to &#8220;20 per cent of the tax, borne or payable&#8221;.<\/p>\n<p>(4)Subject to subsection (5), the proportion of tax deductible by an accountable person in a taxable period shall be calculated on the basis of the ratio which the amount of the person&#8217;s tax-exclusive turnover from deductible supplies or activities in the accounting year in which that taxable period ends bears to the person&#8217;s tax-exclusive turnover from total supplies and activities in that accounting year<\/p>\n<p>(5)Where the proportion of tax deductible calculated in accordance with subsection (4) does not &#8211;<\/p>\n<p>(a)correctly reflect the extent to which the dual-use inputs are used for the purposes of the person&#8217;s deductible supplies or activities, or<\/p>\n<p>(b)have due regard to the range of the person&#8217;s total supplies and activities, the accountable person shall use any other basis which results in a proportion of tax deductible which &#8211;<\/p>\n<p>(i)correctly reflects the extent to which the dual-use inputs are used for the purposes of the person&#8217;s deductible supplies or activities, and<\/p>\n<p>(ii)has due regard to the range of the person&#8217;s total supplies and activities.<\/p>\n<p>(6)Where it is necessary to do so to ensure that the proportion of tax deductible by an accountable person is in accordance with this section, the accountable person shall &#8211;<\/p>\n<p>(a)calculate a separate proportion of tax deductible for any part of that person&#8217;s business, or<\/p>\n<p>(b)exclude, from the calculation of the proportion of tax deductible, amounts of turnover from incidental transactions by that person of the kind specified in paragraph 6 of Schedule 1 or amounts of turnover from incidental transactions by that person in immovable goods.<\/p>\n<p>(7)The proportion of tax deductible as calculated by an accountable person for a taxable period shall be adjusted in accordance with regulations if, for the accounting year in which the taxable period ends, that proportion does not &#8211;<\/p>\n<p>(a)correctly reflect the extent to which the dual-use inputs are used for the purposes of the person&#8217;s deductible supplies or activities, or<\/p>\n<p>(b)have due regard to the range of the person&#8217;s total supplies and activities.<\/p>\n<p>62.<\/p>\n<h4>Reduction of tax deductible in relation to qualifying vehicles.<\/h4>\n<p>(1)<\/p>\n<p>(a)This subsection applies where an accountable person deducts tax in relation to the purchase, intra-Community acquisition or importation of a qualifying vehicle (within the meaning of section 59(1)) in accordance with section 59(2)(d), and disposes of that vehicle within 2 years of that purchase, acquisition or importation.<\/p>\n<p>(b)The accountable person shall be obliged to reduce the amount of the tax deductible by that person for the taxable period in which the qualifying vehicle is disposed of by an amount calculated in accordance with the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>TDis the amount of tax deducted by that person on the purchase, acquisition or importation of that vehicle, and<\/p>\n<p>Nis a number that is equal to the number of days from the date of purchase, acquisition or importation of that vehicle by that person to the date of disposal by that person, divided by 182 and rounded down to the nearest whole number,<\/p>\n<p>but if that N is greater than 4 then N shall be 4.<\/p>\n<p>(2)<\/p>\n<p>(a)This subsection applies where an accountable person deducts tax in relation to the purchase, intra-Community acquisition or importation of a qualifying vehicle (within the meaning of section 59(1)) in accordance with section 59(2)(d) and that vehicle is subsequently used for less than 60 per cent business purposes in a taxable period.<\/p>\n<p>(b)The accountable person is obliged to reduce the amount of tax deductible by that person for that taxable period by an amount calculated in accordance with the formula &#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>where &#8211;<\/p>\n<p>TDis the amount of tax deducted by that person on the purchase, acquisition or importation of the qualifying vehicle, and<\/p>\n<p>Nis a number that is equal to the number of days from the date of purchase, acquisition or importation of that vehicle by that person to the first day of the taxable period in which that vehicle is used for less than 60 per cent business purposes, divided by 182 and rounded down to the nearest whole number,<\/p>\n<p>but if that N is greater than 4 then N shall be 4.<\/p>\n<p>62A.<\/p>\n<h4>Adjustment of tax deductible in relation to unpaid consideration.<\/h4>\n<p>(1)Subject to subsection (4), where &#8211;<\/p>\n<p>(a)an accountable person has, during a taxable period (referred to in this section as the &#8216;initial period&#8217;), deducted tax in accordance with subsection (2) of section 59, and<\/p>\n<p>(b)the consideration, or part thereof, due to the supplier of the goods or services has not been paid by that accountable person on or before the last day of the third taxable period following the initial period,<\/p>\n<p>that accountable person shall reduce the amount of tax deductible by him or her in accordance with subsection (2).<\/p>\n<p>(2)Where subsection (1) applies, the accountable person shall reduce the amount of tax deductible by him or her, in the third taxable period following the initial period, by an amount calculated in accordance with the following formula, subject to any apportionment arising in accordance with section 61:<\/p>\n<p>(A-B) x C<\/p>\n<p>where &#8211;<\/p>\n<p>Ais the total consideration (exclusive of value-added tax),<\/p>\n<p>Bis the consideration or part thereof (exclusive of value-added tax) that has been paid, and<\/p>\n<p>Cis the percentage rate of tax chargeable in relation to the supply of the goods or services.<\/p>\n<p>(3)Where an accountable person has reduced the amount of tax deductible in a taxable period in accordance with subsection (2) and subsequently that accountable person pays the consideration, or part thereof, due to the supplier of the goods or services, that accountable person shall, in the taxable period in which that consideration, or part thereof, was paid, increase the amount of the tax deductible by him or her, by an amount calculated in accordance with the following formula, subject to any apportionment arising in accordance with section 61:<\/p>\n<p>D x C<\/p>\n<p>where &#8211;<\/p>\n<p>Dis the consideration or part thereof (exclusive of value-added tax) paid during that period, and<\/p>\n<p>Cis the percentage rate of tax chargeable in relation to the supply of the goods or services.<\/p>\n<p>(4)Where, on or before the due date for submission of the return required under section 76 or 77 relating to the third taxable period after the initial period, an accountable person satisfies the Revenue Commissioners that there are reasonable grounds for not having paid the full consideration, or part thereof, to the supplier on or before the date referred to in subsection (1)(b), this section shall not apply.<\/p>\n<p>(5)The Revenue Commissioners may make regulations in relation to the operation of this section.<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10786\" data-postid=\"10786\" class=\"themify_builder_content themify_builder_content-10786 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Zero rated supplies and VAT recovery Unlike the case with exempt supplies VAT recovery is allowed for zero-rated supplies. The recovery is allowed on inputs (purchases), notwithstanding that no VAT is in fact chargeable on sales.\u00a0 Exemption from VAT differs in that no VAT is chargeable and the supplies do not trigger registration. The general [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[35],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10786"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10786"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10786\/revisions"}],"predecessor-version":[{"id":34483,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10786\/revisions\/34483"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10786"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10786"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10786"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}