IE
S.I. No. 548/2006 - Value-Added Tax Regulations 2006
Table of Provisions (45)
Statutory Text (45 Articles)
1. Citation and commencement
This Regulation contains the provisions relating to title and commencement
.
2. Interpretation
This is a definitions Regulation
.
Taxable Person
3. Election to be a taxable person and cancellation of such election
This is a modernisation of Regulation 3 of the 1979 Regulations (
S.I. No. 63 of 1979
) and incorporates the relevant part of Regulation 3 of Value-Added Tax (Registration) Regulations 1993 (
S.I. No 30 of 1993
) and the provisions of the Value-Added Tax (Cancellation of Election of Registration in respect of Sixth Schedule Accommodation) Regulations 2000 (
S.I. No. 253 of 2000
)
.
This Regulation deals with the procedures relating to an election to be a taxable person, the cancellation of such election and the cancellation of a registration at the request of a taxable person whose turnover falls below the registration thresholds. No new obligations have been imposed by this Regulation
.
4. Waiver of exemption
This is a modernisation of the Value-Added Tax (Waiver of Exemption) (Letting of Immovable Goods) Regulations 2003 (
S.I. No. 504 of 2003
)
.
This Regulation deals with the conditions and procedures which a person must comply with if he or she wishes to waive his or her right to exemption from tax on the short-term letting of immovable goods. It also deals with the provisions relating to the backdating and the cancellation of that waiver. No new obligations have been imposed by this Regulation
.
5. Lettings in the short-term guest sector or holiday sector
This is a re-statement of the Value-Added Tax (Short-Term Guest Sector or Holiday Sector) Regulations 2005 (
S.I. No. 321 of 2005
)
.
This Regulation specifies what lettings are treated as being in the short-term guest sector or holiday sector for the purpose of applying the reduced rate of VAT. No changes have been made to this Regulation
.
6. Groups
This is a modernisation of Regulation 5 of the 1979 Regulations (
S.I. No. 63 of 1979
)
.
This Regulation caters for the formalities to be observed where a number of linked companies wish to be grouped for VAT purposes. Many of the details in Regulation 5 of the 1979 Regulations, which was entitled “Treatment of two or more taxable persons as a single taxable person”, have been deleted as they are provided for in section 8(8) of the Act. No new obligations have been imposed by this Regulation
.
7. Registration
This is a modernisation of the Value-Added Tax (Registration) Regulations 1993 (
S.I. No. 30 of 1993
)
.
This Regulation sets out the procedures to be followed in relation to registration. It also covers cancellation of a registration when the taxable person ceases to trade. No new obligations have been imposed by this Regulation
.
Record Keeping
8. Accounts
This is a modernisation of Regulation 9 of the 1979 Regulations (
S.I. No. 63 of 1979
)
.
This Regulation deals with the type of records and accounts that are required to be kept by taxable persons. Some of the amendments to this Regulation are to cater for requirements necessitated by changes in the law since 1979, such as the need to keep records in relation to intra-Community acquisitions, reverse charge transactions and “supply and install” transactions. In addition this Regulation requires a taxable person to keep a record of the date or dates on which a debt is written off
.
9. Invoices and other documents
This is a modernisation of the Value-Added Tax (Invoices and other Documents) Regulations 1992 (
S.I. No. 275 of 1992
) as amended by the Value-Added Tax (Invoices and other Documents) (Amendment) Regulations 2003 (
S.I. No. 723 of 2003
), but excluding the provisions for flat-rate farmers which have now been included in a separate Regulation (see Regulation 11 below)
.
This Regulation deals with the provisions relating to the issuing of invoices, credit notes, debit notes etc. It also provides for a mechanism for simplified invoicing arrangements. No new obligations have been imposed on the taxable person in this Regulation
.
10. Electronic invoicing
This is a modernisation of the Value-Added Tax (Electronic Invoicing and Storage) Regulations 2002 (
S.I. No. 504 of 2002
)
.
This Regulation deals with the issuing of invoices and other documents by electronic means and sets out the conditions and the system specifications required in order for those invoices etc. to be valid for VAT purposes. No new obligations have been imposed on the taxable person in this Regulation
.
11. Invoicing provisions for flat-rate farmers
This is a modernisation of the flat-rate farmer provisions in the Value-Added Tax (Invoices and other Documents) Regulations 1992 (
S.I. No. 275 of 1992
) as amended by the Value-Added Tax (Invoices and other Documents) (Amendment) Regulations 2003 (
S.I. No. 723 of 2003
) and also includes the invoicing provisions relating to agricultural machinery in the Value-Added Tax (Agricultural Machinery) (Documentation) Regulations 1999 (
S.I. No. 443 of 1999
)
.
This Regulation deals with the provisions relating to the issuing of invoices, credit notes, debit notes etc. by flat-rate farmers for agricultural produce and services and agricultural machinery. No new obligations have been imposed by this Regulation
.
12. Time limits for issuing invoices and credit notes
This is a modernisation of the Value-Added Tax (Time Limits for Issuing Certain Documents) Regulations 1992 (
S.I. No. 276 of 1992
)
This Regulation sets out the time limits for the issue of invoices and credit notes. No new obligations have been imposed by this Regulation
.
13. Returns
This is a modernisation of the Value-Added Tax (Returns) Regulations 2002 (
S.I. No. 267 of 2002
) and incorporates the provisions of Taxes (Electronic Transmission of Certain Revenue Returns) (Specified Provisions and Appointed Day) Order 2000 (
S.I. No. 289 of 2000
) insofar as they apply to VAT
.
This Regulation requires a taxable person to furnish the details requested on a VAT return. Those details may be furnished by the taxable person or another person acting under the authority of that taxable person. No new obligations have been imposed on the taxable person in this Regulation
.
14. Statement of intra-Community supplies
This is a modernisation of the Value-Added Tax (Statement of Intra-Community Supplies) Regulations 1993 (
S.I. No. 54 of 1993
)
.
This Regulation sets out the particulars required on statements of intra-Community supplies (VIES). The Regulation also specifies the means by which such statements may be returned to the Revenue Commissioners and the frequency of such returns. No new obligations have been imposed by this Regulation
.
Tax Due And Payable
15. Determination of tax due by reference to moneys received
This is a modernisation of the Value-Added Tax (Determination of Tax Due by Reference to Moneys Received) Regulations 1992 (
S.I. No. 306 of 1992
) as amended by the Value-Added Tax (Determination of Tax Due by Reference to Moneys Received) (Amendment) Regulations 1994 (
S.I. No. 259 of 1994
)
.
This Regulation sets out the terms and conditions relating to the operation of the moneys received basis of accounting. No new obligations have been imposed by this Regulation
.
16. Adjustments for returned goods, discounts, and price alterations
This is a modernisation of Regulation 8 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation deals with the adjustments to be made where the consideration received is less than the chargeable amount for any supply, e.g. in the case of discounts, price reductions etc. or in the case of bad debts. No new obligations have been imposed by this Regulation
.
17. Estimates and assessments
This is a modernisation of the Value-Added Tax (Estimation of Tax Payable and Assessment of Tax Payable or Refundable) Regulations 2000 (
S.I. No. 295 of 2000
)
.
This Regulation deals with estimates and assessments of tax due and payable in accordance with sections 22 and 23 of the Act. No new obligations have been imposed by this Regulation
.
18. Apportionment
This is a modernisation of the Value-Added Tax (Apportionment) Regulations 2000 (
S.I. No. 254 of 2000
)
.
This Regulation deals with the proportion of tax deductible in relation to inputs which are used for both taxable and non-taxable transactions and the adjustment of that proportion over a review period. No new obligations have been imposed by this Regulation
.
19. Valuation of interests in immovable goods
This is a modernisation of Regulation 19 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
) as amended by Value-Added Tax (Valuation of Interests in Immovable Goods) (Amendment) Regulations 1998 (
S.I. No. 482 of 1998
) and Regulation 4 of Value-Added Tax (Amendment) (Property Transactions) Regulations 2002 (
S.I. No. 219 of 2002
)
.
This Regulation deals with the method of calculating the capital value of a lease of ten years or more. No new obligations have been imposed by this Regulation
.
20. Stamps, coupons, tokens and vouchers
This is a modernisation of Regulations 32 and 33 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
). Those two Regulations have now been amalgamated into one Regulation
.
This Regulation deals with the amount chargeable on supplies of certain stamps, coupons, tokens or vouchers and the amount chargeable when they are redeemed. The substance of the Regulation is new and provides that the taxable amount of the goods when redeemed is the consideration which was disregarded in accordance with section 10(6) of the Act. This reflects the ECJ jurisprudence in this area
.
21. Apportionment of consideration
This Regulation replaces Regulation 34 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
The substance of the Regulation is new. It deals with the circumstances and conditions under which a taxable person may disregard an individual supply or supplies in a multiple supply and the manner in which the consideration for such a multiple supply must be treated as regards the rate or rates of taxation to apply
.
Refunds, Remissions and Relief
22. Refund of tax
This is a re-statement of Regulation 17 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation sets out the procedures for claiming a refund of tax. No changes have been made to this Regulation
.
23. Refund to foreign traders
This is a re-statement of the part of Value-Added Tax (Amendment) Regulations 2006 (
S.I. No. 198 of 2006
) which updated Regulation 30 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation deals with the refund of tax to foreign traders as provided for under the Eighth and Thirteenth VAT Directives. No changes have been made to this Regulation
.
24. Remission of small amounts of tax
This is a re-statement of Regulation 18 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation provides for the remission of negligible amounts of tax at the discretion of the Revenue Commissioners. No changes have been made to this Regulation
.
25. Remission or repayment of tax on fishing vessels and equipment
This is a modernisation of Regulation 29 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation sets out the conditions under which an unregistered person can qualify for a refund of tax on commercial sea-fishing vessels and equipment. No new obligations have been imposed by this Regulation
.
26. Relief for stock in trade held at commencement of taxability
This is a modernisation of Regulation 22 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation deals with relief for stock-in-trade at the commencement of taxability and sets out how the deduction in respect of such stock must be calculated and recorded. This Regulation has been simplified by the use of formulae, but no new obligations have been imposed
.
27. Exemption of certain business gifts
This is a re-statement of Regulation 31 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation provides for an exemption from VAT for business gifts of negligible value. No changes have been made to this Regulation
.
Special Schemes
28. Investment gold - records of transactions
This is a modernisation of the Value-Added Tax (Records of Transactions in Investment Gold) Regulations 1999 (
S.I. No. 439 of 1999
)
This Regulation deals with the type of records and accounts that are required to be kept by taxable persons who trade in investment gold. The only change of substance made to this Regulation is the requirement for the taxable person to keep a record of the date or dates on which a bad debt is written off. This is in line with a similar requirement inserted into Regulation 8 of these Regulations
.
29. Investment gold - waiver of exemption
This is a modernisation of the Value-Added Tax (Waiver of Exemption on Supplies of, and Supplies relating to, Investment Gold) Regulations 1999 (
S.I. No. 440 of 1999
)
This Regulation deals with the conditions and procedures for waiving exemption on supplies of investment gold or related intermediary services. No new obligations have been imposed by this Regulation
.
30. Investment gold - refunds of tax
This is a re-statement of the Value-Added Tax (Refund of Tax to Persons making Exempt Supplies of Investment Gold) Regulations 1999 (
S.I. No. 441 of 1999
)
.
This Regulation sets out the conditions for a refund of tax on the purchase, intra-Community acquisition or importation of gold. No changes have been made to this Regulation
.
31. Special scheme for means of transport
This is a modernisation of the Value-Added Tax (Special Schemes For Means Of Transport: Documentation) Regulations 1996 (
S.I. No. 201 of 1996
)
This Regulation specifies the documentation required by a taxable dealer to deduct residual tax in respect of certain second-hand means of transport. No new obligations have been imposed by this Regulation
.
32. Antique furniture, silver, glass and porcelain
This is a modernisation of the Value-Added Tax (Furniture, Silver, Glass and Porcelain) Regulations 1989 (
S.I. No. 304 of 1989
)
This Regulation specifies the types of antique furniture, silver, glass and porcelain to which the reduced rate of VAT can apply in accordance with paragraph (xvia) of the Sixth Schedule to the VAT Act. No new obligations have been imposed by this Regulation
.
33. Retail Export Scheme
This is a modernisation of the Value-Added Tax (Retail Export Scheme) Regulations 1998 (
S.I. No. 34 of 1998
)
.
This Regulation sets out the conditions for granting relief of VAT in accordance with section 13 of the Act on goods purchased in the State by non-EU residents or by Irish residents who are taking up residence outside the EU. No new obligations have been imposed by this Regulation
.
Miscellaneous Supplies
34. Supply of certain services
This is a re-statement of the part of Value-Added Tax (Amendment) Regulations 2006 (
S.I. No. 198 of 2006
) which updated Regulation 24 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation deals with the supply by a taxpayer free of charge of certain catering services for the taxpayer's own private or personal use or that of his or her staff and reflects the
Finance Act 2006
changes to section 5 of the VAT Act. No changes have been made to this Regulation
.
35. Free ports
This is a modernisation of the Value-Added Tax (Free Ports) Regulations 1987 (
S.I. No. 275 of 1987
)
.
This Regulation sets out the conditions for the relief of VAT at import of goods for use in a free port. No new obligations have been imposed by this Regulation
.
36. Intra-Community acquisitions - certain new means of transport
This is a modernisation of the Value-Added Tax (Payment of Tax on Intra-Community Acquisitions of Certain New Means of Transport) Regulations 1993 (
S.I. No. 248 of 1993
)
.
This Regulation sets out the procedures to be followed in relation to the payment of VAT on the intra-Community acquisition of new aircraft and new vessels by private individuals and other persons not entitled to deduct the tax chargeable on the goods. No new obligations have been imposed by this Regulation
.
37. Imported goods
This is a modernisation of the Value-Added Tax (Imported Goods) (No 2) Regulations 1992 (
S.I. No. 440 of 1992
)
.
This Regulation deals with the application of certain customs rules to VAT at import. No new obligations have been imposed by this Regulation
.
38. Supplies for onboard consumption
This is a modernisation of the Value-Added Tax (Supply of Food, Drink and Tobacco Products on board Vessels or Aircraft for onboard Consumption) Regulations 1999 (
S.I. No. 197 of 1999
)
.
This Regulation provides the conditions under which certain food, drink and tobacco products supplied to passengers for consumption on board a vessel or aircraft during an intra-EU journey qualify for the zero rate of VAT. No new obligations have been imposed by this Regulation
.
Administration and General
39. Determination in regard to tax
This is a modernisation of the Value-Added Tax (Determination in Regard to Tax) Regulations 1992 (
S.I. No. 278 of 1992
)
.
This Regulation sets out the form and content of a determination made by the Revenue Commissioners for the purposes of Section 11(1B) of the Act. The changes to this Regulation reflect the
Finance Act 2006
changes made to that section
.
40. Disclosure of information to the Revenue Commissioners
This is a re-statement of Regulation 35 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation requires a person in business to disclose information to the Revenue Commissioners when requested by them to do so. No changes have been made to this Regulation
.
41. Death, bankruptcy or liquidation
This is a re-statement of Regulation 36 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation specifies who must undertake the liabilities of the taxable person where that taxable person dies or becomes bankrupt or, in the case of a company, goes into liquidation. No changes have been made to this Regulation other than to the title
.
42. Service of notices
This is a re-statement of Regulation 37 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation provides that the issue of any notice under the Act may be sent by post. No changes have been made to this Regulation
.
43. Nomination of officers
This is a modernisation of Regulation 38 of the Value-Added Tax Regulations 1979 (
S.I. No. 63 of 1979
)
.
This Regulation allows the Revenue Commissioners to delegate certain functions. No changes of substance have been made to this Regulation
.
44. Revocation
This Regulation lists in a schedule all the Regulations revoked by these Regulations
.
1
OJ No. L 145 of June 1977, p. 1
2
OJ No. L 331 of 27 December 1979, p. 11
3
OJ No. L 326 of 21 November 1986, p. 40
REGULATIONS
ENTITLED
VALUE-ADDED TAX REGULATIONS 2006
(
S.I. No. 548 of 2006
)
Made by the Revenue Commissioners
VALUE-ADDED TAX REGULATIONS 2006
Commencement and Interpretation
1
Citation and commencement
2
Interpretation
taxable person
3
Election to be a taxable person and cancellation of such election
4
Waiver of exemption
5
Lettings in the short-term guest sector or holiday sector
6
Groups
7
Registration
Record keeping
8
Accounts
9
Invoices and other documents
10
Electronic invoicing
11
Invoicing provisions for flat-rate farmers
12
Time limits for issuing invoices and credit notes
13
Returns
14
Statement of intra-Community supplies
Tax due and payable
15
Determination of tax due by reference to moneys received
16
Adjustments for returned goods, discounts, and price alterations
17
Estimates and assessments
18
Apportionment
19
Valuation of interests in immovable goods
20
Stamps, coupons, tokens and vouchers
21
Apportionment of consideration
Refunds, remissions and relief
22
Refund of tax
23
Refund to foreign traders
24
Remission of small amounts of tax
25
Remission or repayment of tax on fishing vessels and equipment
26
Relief for stock-in-trade held at commencement of taxability
27
Exemption of certain business gifts
Special schemes
28
Investment gold - records of transactions
29
Investment gold - waiver of exemption
30
Investment gold - refunds of tax
31
Special scheme for means of transport
32
Antique furniture, silver, glass and porcelain
33
Retail Export Scheme
Miscellaneous supplies
34
Supply of certain services
35
Free ports
36
Intra-community acquisitions - certain new means of transport
37
Imported goods
38
Supplies for onboard consumption
Administration and general
39
Determination in regard to tax
40
Disclosure of information to the Revenue Commissioners
41
Death, bankruptcy or liquidation
42
Service of notices
43
Nomination of officers
44
Revocation
VALUE-ADDED TAX REGULATIONS 2006
The Revenue Commissioners, in exercise of the powers conferred on them by
section 32
of the
Value-Added Tax Act 1972
(No. 22 of 1972), and as respects Regulations 5, 25, 31, 32, 33, 35 and 37 with the consent of the Minister for Finance, hereby make the following regulations
Commencement and interpretation
Citation and commencement