S.I. No. 63/1979 - Value-Added Tax Regulations, 1979.

S.I. No. 63 of 1979.

VALUE-ADDED TAX REGULATIONS, 1979.

ARRANGEMENT OF REGULATIONS.

Regulation

1. Short title and commencement.

2. Interpretation.

3. Election to be a taxable person.

4. Waiver of exemption.

5. Treatment of two or more taxable persons as a single taxable person.

6. Registration.

7. Determination of tax due by reference to cash receipts.

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

9. Accounts.

10. Invoices and other documents.

11. Time limits for issuing certain documents.

12. Returns.

13. Acceptance of estimates.

14. Estimation of tax due.

15. Modification of certain provisions.

16. Apportionment of amounts.

17. Refund of tax.

18. Remission of small amounts of tax.

19. Valuation of interests in immovable goods.

20. Procedures regarding dances.

21. Relief for stock-in-trade held on 1st. November, 1972.

22. Relief for stock-in-trade held at commencement of taxability.

23. Determination in regard to tax.

24. Supply of certain services.

25. Postponement of payment of tax on goods supplied while warehoused.

26. Postponement of payment of tax on goods imported by registered persons.

27. Repayment of tax on certain importations of goods.

28. Limitations of application of Customs law to imported goods.

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

30. Refund to foreign traders.

31. Exemption of certain business gifts.

32. Supplies of stamps, coupons, tokens and vouchers.

33. Supplies of goods or services in exchange for stamps, coupons, tokens or vouchers.

34. Apportionment of consideration.

35. Disclosure of information to the Revenue Commissioners.

36. Death or incapacity of taxable person.

37. Service of notices.

38. Nomination of Officers.

39. Revocation.

STATUTORY INSTRUMENTS.

S.I. No. 63 of 1979.

VALUE-ADDED TAX REGULATIONS, 1979.

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 26, 28 and 29, with the consent of the Minister for Finance, hereby make the following regulations:

1 Short title and commencement.

1. (1) These Regulations may be cited as the Value-Added Tax Regulations, 1979.

(2) These Regulations shall come into operation on the 1st. day of March, 1979.

2 Interpretation.

2. (1) In these Regulations—

"the Act" means the Value-Added Tax Act, 1972 ;

"taxable turnover", in relation to any period, means the total of the amounts on which tax is chargeable for that period at any of the rates specified in section 11 (1) of the Act;

"turnover", in relation to any period, means the amount on which tax would be chargeable for that period in accordance with section 10 of the Act if section 6 of the Act were disregarded.

(2) In these Regulations—

( a ) a reference to a regulation is to a regulation of these Regulations, and

( b ) a reference to a paragraph, subparagraph or clause is to a paragraph, subparagraph or clause of the regulation in which the reference occurs,

unless it is indicated that reference to some other provision is intended.

3 Election to be a taxable person.

3. (1) A person who, in accordance with section 8 (3) of the Act is not a taxable person but who desires to elect to be such a person shall furnish to the Revenue Commissioners the particulars for registration specified in Regulation 6.

(2) The furnishing of the particulars referred to in paragraph (1) shall constitute an election to be a taxable person and such election shall have effect as from the end of the taxable period during which such particulars are received by the Revenue Commissioners, or, by agreement between the person and the Revenue Commissioners, as from the end of the next preceding taxable period, until the date on which the person permanently ceases to supply taxable goods or services in the course or furtherance of business or until the date on which his election is cancelled in accordance with paragraph (3), whichever date is the earlier.

(3) A person who is a taxable person by reason only of an election in that behalf made in accordance with paragraphs (1) and (2) shall be entitled to have such election cancelled and to be treated, as from the date specified in paragraph (4), as a person who had not made such an election provided he fulfils all of the following conditions; and a person who satisfies the Revenue Commissioners in regard to his turnover in accordance with section 8 (6) (a) of the Act may be treated as a person who is not a taxable person provided he fulfils similar conditions:

( a ) he shall notify the Revenue Commissioners in writing that he desires to have his election cancelled or that he desires to be treated as a person who is not a taxable person;

( b ) he shall furnish to the Revenue Commissioners particulars of—

(i) the total amount of tax paid by him in accordance with section 19 (3) of the Act in respect of whichever of the following periods is the lesser:

(I) all the taxable periods comprised in the period commencing with the beginning of the first taxable period for which his election had effect or he was treated as a taxable person and ending with the termination of the taxable period immediately preceding that during which he notifies the Revenue Commissioners that he wishes to have his election cancelled or be treated as a person who is not a taxable person, or

(II) the eighteen consecutive taxable periods next before the taxable period during which he so notifies the Revenue Commissioners,

and

(ii) the total amount of tax refunded to him in accordance with section 20 (1) of the Act in respect of whichever of the periods referred to in clause (i) is appropriate;

( c ) he shall pay to the Collector-General an amount equal to the excess (if any) of the total amount referred to in clause (ii) of the preceding subparagraph over the total amount referred to in clause (i) of that subparagraph.

(4) If the conditions specified in the preceding paragraph have been fulfilled to the satisfaction of the Revenue Commissioners, they shall so notify the person concerned in writing and, on receipt by the person of such notice, his election shall be cancelled or he shall be treated as a person who is not a taxable person with effect as on and from the end of the taxable period during which the conditions have been so fulfilled; and as on and from the end of such taxable period, the person shall be treated as a person who had not elected to be a taxable person or as a person who is not a taxable person.

(5) A person who notifies the Revenue Commissioners during any taxable period (in this paragraph referred to as the final taxable period) of his desire to have his election cancelled or to be treated as a person who is not a taxable person shall not be entitled, under section 20 (1) of the Act to any refund of tax, other than a refund referable solely to an error or mistake made by him, in excess of whichever of the following amounts is appropriate—

( a ) in a case in which there is an excess of the amount referred to in paragraph (3) (b) (i) over the amount referred to in paragraph (3) (b) (ii), an amount for the final taxable period and for any subsequent taxable period consisting of the amount of such excess, increased by the amounts paid under section 19 (3) of the Act, for the final taxable period and any subsequent taxable periods up to and including the taxable period to which the claim relates and reduced by the total of the refunds under section 20 (1) of the Act previously made for any of those taxable periods, and

( b ) in any other case, an amount for the final taxable period or for any subsequent taxable period consisting of the excess of the total of the amounts paid under section 19 (3) of the Act for the final and all subsequent taxable periods up to and including the taxable period to which the claim relates reduced by the total of the refunds under section 20 (1) of the Act previously made for any of those taxable periods.

(6) In the case of a person who, in the absence of an election to be a taxable person, would (in accordance with section 8 (3) (a) of the Act) not be such a person, paragraph (3) (b) shall apply as if—

(i) the amount of tax paid by him in accordance with section 19 (3) of the Act in respect of each of the taxable periods comprised in whichever of the periods referred to in clause (i) is appropriate were increased by an amount equal to 1 per cent. of the consideration on which tax was chargeable for each of those taxable periods in respect of transactions specified in section 8 (9) of the Act other than in paragraph (d) of the definition of farmer, and

(ii) the total amount of tax refunded to him in respect of all the taxable periods comprised in the period referred to in clause (ii) were reduced by the total amount of tax which qualified for deduction under section 12 of the Act in respect of those taxable periods and which, in accordance with any order made under section 20 (3) of the Act would fall to be refunded to him if he were not a taxable person.

4 Waiver of exemption.

4. (1) A person who, in accordance with section 7 (1) of the Act desires to waive his right to have the supply by him of the services specified in paragraph (iv) or (x) of the First Schedule to the Act regarded as exempted activities shall furnish the following particulars in writing to the Revenue Commissioners:—

( a ) his name and address;

( b ) whether he is registered for value-added tax and if so, his registration number;

( c ) the paragraph or paragraphs in the said First Schedule in which are specified the services in respect of which it is desired that the right to exemption should be waived;

and

( d ) the taxable period as from the commencement of which he desires that the waiver should have effect, not being earlier than the current taxable period.

(2) The Revenue Commissioners shall acknowledge receipt of the particulars referred to in the preceding paragraph and shall specify the taxable period, not being earlier than the taxable period referred to in subparagraph (d) of the said preceding paragraph, as from the commencement of which the waiver of exemption in respect of the services specified in the paragraph or paragraphs referred to in subparagraph (c) of the said preceding paragraph shall have effect; and as from the commencement of the taxable period so specified and until the date upon which the person permanently ceases to supply taxable goods or services (including services to which the waiver of exemption applies), in the course or furtherance of business, or until his waiver is cancelled in accordance with paragraph (3), the provisions of the Act shall apply to him as if the services specified in the paragraph or paragraphs referred to in paragraph (1) (c) were not specified in the said First Schedule.

(3) A person who, in accordance with paragraph (1), waives his right to exemption in respect of the services specified in paragraph (iv) or (x) of the First Schedule to the Act shall be entitled to have such waiver cancelled and to be treated, as from the date specified in paragraph (4), as a person who had not so waived his right to exemption, provided he fulfils all of the following conditions:—

( a ) he shall notify the Revenue Commissioners in writing of the paragraph or paragraphs of the First Schedule to the Act in which are specified the services in respect of which it is desired that the waiver of his right to exemption should be cancelled;

( b ) he shall furnish particulars of—

(i) the tax, or, in case he is chargeable with tax on the supply of goods or services other than those specified in the paragraphs referred to in the notification aforesaid, the additional tax paid by him in accordance with section 19 (3) of the Act in respect of the services so specified for all of the taxable periods comprised in the period commencing with the beginning of the first taxable period for which his waiver had effect and ending with the termination of the taxable period immediately preceding that during which he notifies the Revenue Commissioners that he desires to have his waiver cancelled, and

(ii) the total amount of tax refunded to him in accordance with section 20 (1) of the Act in respect of all of the taxable periods comprised in the period referred to in clause (i), or in case such total amount is referable partly to services specified in the paragraphs referred to in the notification aforesaid and partly to the supply of goods or other services, the amount included in such total amount which is referable to the services so specified;

( c ) he shall pay to the Collector-General an amount equal to the excess (if any) of the total amount or of the amount referred to in subparagraph (b) (ii), as the case may be, over the total amount of tax or of the additional tax, as may be appropriate, referred to in subparagraph (b) (i).

(4) If the conditions specified in the preceding paragraph are fulfilled to the satisfaction of the Revenue Commissioners, they shall so notify the person concerned in writing and, on receipt by the person of such notice, his waiver shall be cancelled with effect as on and from the end of the taxable period during which he is so notified; and as on and from the end of such taxable period the person shall be treated as a person who had not waived his right to exemption in respect of services specified in the paragraph or paragraphs referred to in the notification given by the person pursuant to paragraph (3) (a).

(5) A person who notifies the Revenue Commissioners during any taxable period (in this paragraph referred to as the final taxable period) of his desire to have his waiver of exemption cancelled shall not be entitled, under section 20 (1) of the Act to any refund of tax, other than a refund referable solely to some error or mistake made by him, in excess of whichever of the following amounts is appropriate:

( a ) in a case in which there is an excess of the amount referred to in paragraph (3) (b) (i) over the amount referred to in paragraph (3) (b) (ii), an amount for the final taxable period and for any subsequent taxable period consisting of such excess, increased by the amounts paid under section 19 (3) of the Act, for the final taxable period and any subsequent taxable periods up to and including the taxable period to which the claim relates and reduced by the total of the refunds under section 20 (1) of the Act previously made for any of those taxable periods, and

( b ) in any other case, an amount for the final taxable period or for any subsequent taxable period consisting of the excess of the total of the amounts paid under section 19 (3) of the Act for the final and all subsequent taxable periods up to and including the taxable period to which the claim relates, reduced by the total of the refunds under section 20 (1) of the Act previously made in respect of any of those taxable periods.

(6) Where the period referred to in paragraph (3) (b) (i) exceeds ten years, reference therein to the first taxable period for which his waiver had effect shall be construed as a reference to the taxable period the beginning of which is ten years earlier than the date of commencement of the taxable period during which he notifies the Revenue Commissioners that he desires to have his waiver cancelled.

5 Treatment of two or more taxable persons as a single taxable person.

5. (1) If two or more taxable persons desire that all the business activities carried on by each of them shall, in accordance with section 8 (8) of the Act be deemed, for the purposes of the Act to be carried on by any one of those persons, each of them shall furnish the following particulars in writing to the Revenue Commissioners:—

( a ) his name, address and registration number;

( b ) the nature of the business activities carried on by him;

( c ) in case the person desires that all the business activities carried on by him should be deemed to be carried on by another person, the name, address and registration number of that other person;

( d ) in case the person desires that all the business activities carried on by another person or two or more other persons should be deemed to be carried on by the first-mentioned person, the name, address and registration number of that other person or of each of those other persons; and

( e ) such other information about the business activities of the person or about the business or financial relationship between him and each of the other persons carrying on the business activities aforesaid as the Revenue Commissioners may, by notice in writing, require.

(2) The Revenue Commissioners shall, in their absolute discretion, determine—

( a ) whether all the business activities carried on by two or more persons who have furnished the particulars specified in paragraph (1) shall be deemed to be carried on by any one of those persons;

( b ) in case all the business activities referred to in subparagraph (a) are deemed to be carried on by any one of the persons referred to in the said subparagraph (a):—

(i) the person by whom the said activities are deemed to be carried on;

(ii) the person or each of the persons all of whose business activities are deemed to be carried on by the person referred to in clause (i);

( c ) the date, not being earlier than the commencement of the taxable period during which the particulars referred to in paragraph (1) are furnished, as from which all of the business activities of the person or persons concerned are deemed to be carried on by one of them,

and shall notify each of the persons concerned in writing of the matters so determined.

(3) Upon the issue of a notification to a person in accordance with paragraph (2) of a determination that all the business activities referred to in the determination are deemed to be carried on by one person, the following provisions shall apply from the date specified in the notification pursuant to paragraph (2) (c) until the notification is cancelled in accordance with paragraph (5):

( a ) in case the person to whom the notification is issued is the person by whom all the business activities referred to in the notification are deemed to be carried on, the provisions of the Act shall, subject to paragraph (4), apply to the person as if all transactions by or between himself and the other person or persons carrying on the said business activities were transactions by himself, and all other rights and obligations under the Act shall be determined accordingly,

( b ) in case the person to whom the notification is issued is not the person by whom all the business activities referred to in the notification are deemed to be carried on, the provisions of the Act shall, subject to paragraph (4), apply to him as if all transactions by or between himself and the person by whom the said business activities are deemed to be carried on (in this subparagraph referred to as the last-mentioned person) were transactions by the last-mentioned person, but the person shall be jointly liable with the last-mentioned person and any other person specified in the notification to comply with all the provisions of the Act and regulations (including the provisions requiring payment of tax) that apply to him and the last-mentioned person and any other person so specified and shall be subject to the penalties under the Act to which he and the last-mentioned person and any other person so specified would be liable if they were liable to pay to the Revenue Commissioners the whole of the tax chargeable, apart from this Regulation, in respect of himself and the last-mentioned person and any other person so specified.

(4) Notwithstanding anything in paragraph (3), each of the persons all of whose business activities are during any period deemed, in accordance with this Regulation, to be carried on by one of them shall be deemed to be a registered person during the whole of that period, and the provisions of section 17 of the Act shall apply to each of those persons as if a notification under paragraph (3) had not been issued.

(5) The Revenue Commissioners may, in their absolute discretion, by notice in writing addressed to each of a group of persons all of whose business activities are, by virtue of a notification issued in accordance with paragraph (2), deemed to be carried on by one of those persons, and as on and from the date specified in the notice (which shall not be earlier than the date of the notice) cancel the notification under the said paragraph (2); and as on and from the date specified in the said notice the provisions of the Act and Regulations shall apply to all the persons aforesaid as if a notification under the said paragraph (2) had not been issued, but without prejudice to the liability of any of the persons for tax or penalties in respect of anything done or not done during the period for which the said notification was in force.

6 Registration.

6. (1) The particulars for the purposes of registration to be furnished by a taxable person or by a person who in accordance with section 8 (3) of the Act desires to elect to be a taxable person shall be:

( a ) the full name of the person by whom the relevant business is carried on;

( b ) the name under which such business is carried on and the address at which it is carried on;

( c ) in the case of a body of persons,

(i) the address of its registered office or of its chief office in the State, and

(ii) the name of its Secretary;

( d ) in the case of a person whose sales of goods in the State are not made exclusively from a permanent fixed place of business of the person there, the proportion, if any, of his turnover in respect of sales of goods in the State that represents sales so made;

( e ) the date to which the annual accounts of such business are customarily made up;

( f ) the estimated percentage of turnover which is likely to be derived from the supply of goods or services to unregistered persons;

( g ) a precise description of the business carried on.

(2) Where a change occurs in any of the particulars furnished in accordance with paragraph (1), the registered person, or, if he is dead, his personal representative, shall, within thirty days immediately following the date of the change, furnish to the Revenue Commissioners particulars of the change.

(3) The Revenue Commissioners may by notice in writing cancel the registration of a person who does not become, or ceases to be, a taxable person, and such cancellation shall have effect as on and from the date of the notice, or, as on and from such date as may be specified in the notice.

7 Determination of tax due by reference to cash receipts.

7. (1) A person who desires that, in accordance with section 14 (1) (a) of the Act, the amount of tax which becomes due by him during any taxable period (or part thereof), other than tax due in relation to supplies referred to in paragraph (5), should be determined by reference to the amount of the moneys which he receives during such taxable period (or part thereof) in respect of the supply of taxable goods or services, whether made before, on or after the specified day shall give notice in writing to the Revenue Commissioners of his desire that the tax should be so determined and shall at the same time, unless he has already done so, furnish the following particulars to the Revenue Commissioners—

( a ) the nature of the business activities carried on by him;

( b ) the percentage of his taxable turnover, if any, which related to supplies of taxable goods and services to unregistered persons—

(i) in the period of 12 months ended on the last day of the taxable period prior to the giving of the notice, or

(ii) in the period from the commencement of his business activities to the last day of the taxable period referred to in clause (i),

whichever is the shorter;

( c ) his estimate of the percentage of his taxable turnover which will relate to supplies of taxable goods and services to unregistered persons in the period of 12 months commencing with the beginning of the taxable period during which the notice is given,

( d ) the amount due to him on the last day of the taxable period prior to the giving of the notice in respect of the goods and services supplied by him.

(2) Where a change occurs in any of the particulars furnished in accordance with paragraph (1), the taxable person shall, within thirty days immediately following the date of the change, furnish to the Revenue Commissioners particulars of the change.

(3) ( a ) The Revenue Commissioners shall, if satisfied that not less than 90 per cent. of the taxable turnover of the person is likely to be derived from the supply of taxable goods or services to unregistered persons, by notice in writing, authorise the person to determine the amount of tax which becomes due by him during any taxable period (or part thereof) during which the authorisation has effect by reference to the amount of the moneys which he receives during such taxable period from the supply whether made before, on or after the specified day, of taxable goods or services:

( b ) An authorisation given under subparagraph (a) shall have effect while the person is a taxable person from the commencement of the taxable period during which it is given until the commencement of the taxable period during which it is cancelled in accordance with paragraph (9).

(4) ( a ) A person who desires that, in accordance with section 14 (1) (b) of the Act, the amount of tax referable to taxable services which becomes due by him during any taxable period (or part thereof) should be determined by reference to the amount of the moneys which he receives in respect of the supply of taxable services, whether made before, on or after the specified day shall give notice in writing to the Revenue Commissioners of his desire that the tax should be so determined, and the Revenue Commissioners shall, by notice in writing given to the person, authorise the tax to be determined accordingly:

( b ) An authorisation given in accordance with subparagraph (a) shall have effect while the person is a taxable person from the commencement of the taxable period during which it is given until the commencement of the taxable period during which it is cancelled in accordance with paragraph (9).

(5) An authorisation under paragraph (3) or (4) shall not apply to tax chargeable on any supply of goods or services where—

(i) the person to whom or to whose order the supply is made is a body of persons over whom the person making the supply has control, or

(ii) the person to whom or to whose order the supply is made has control over the person making the supply, or

(iii) both the person making the supply and the person to whom or to whose order the supply is made are bodies of persons and some other person has control over both of them.

(6) Where a person who for any period is authorised in accordance with paragraph (3) to determine the amount of tax which becomes due by him by reference to the amount of the moneys which he has received from the supply of taxable goods or services, ceases to be so authorised or ceases to be a taxable person, the tax payable by him for the taxable period during which any cesser occurs shall be adjusted as follows:—

( a ) the excess, if any, of the total amount due to him at the end of the first-mentioned period for goods supplied or delivered by him and services supplied or rendered by him, as the case may be, over the total amount due to him at the commencement of that period for goods supplied or delivered by him and services supplied or rendered by him, as the case may be, shall be apportioned between amounts by reference to which tax is to be determined and amounts by reference to which tax is not to be determined at each of the various rates of tax (including the zero rate) specified in section 11 (1) of the Act in the same proportions as the amounts of consideration by reference to which tax was to be determined and amounts by reference to which tax did not fall to be determined at each of those rates of tax bear to each other in the period consisting of six consecutive taxable periods (or the total number of taxable periods for which he was authorised as aforesaid, if less than six) next before the taxable period in which the cesser occurs,

( b ) the portions of the excess referred to in subparagraph (a) on which tax is chargeable at the various rates, as ascertained by apportionment in accordance with that subparagraph, shall be treated as consideration in respect of which tax at the said rates fell to be determined during the taxable period during which the cesser occurs and tax shall be chargeable accordingly.

(7) Where a person who for any period is authorised in accordance with paragraph (4) to determine the amount of tax referable to taxable services which becomes due by him by reference to the amount of the moneys which he has received for the supply of taxable services ceases to be so authorised or ceases to be a taxable person, the tax payable by him for the taxable period during which any such cesser occurs shall be adjusted as follows:—

( a ) the excess, if any, of the total amount due to him at the end of the first-mentioned period for services supplied or rendered by him, as the case may be, over the total amount due to him at the commencement of that period for services supplied or rendered by him as the case may be, shall be apportioned between amounts by reference to which tax is to be determined and amounts by reference to which tax is not to be determined at each of the various rates (including the zero rate) specified in section 11 (1) of the Act in the same proportions as the amounts of consideration for the supplying or rendering of services by reference to which tax was to be determined and amounts by reference to which tax did not fall to be determined at each of those rates of tax bear to each other in the period consisting of six consecutive taxable periods (or the total number of taxable periods for which he was authorised as aforesaid if less than six) next before the taxable period in which the cesser occurs.

( b ) the portions of the excess referred to in subparagraph (a), which are referable to the supplying of services chargeable at the various rates, as ascertained by apportionment in accordance with that subparagraph, shall be treated as consideration in respect of which tax at the said rates fell to be determined during the taxable period during which the cesser occurs and tax shall be chargeable accordingly.

(8) An authorisation under this Regulation shall not affect the amount on which tax is chargeable in any of the circumstances referred to in subsections (2) to (9) of section 10 of the Act or tax chargeable on supplies referred to in paragraph (5).

(9) ( a ) The Revenue Commissioners shall cancel an authorisation given in accordance with paragraph (3) or (4)—

(i) if the person to whom the authorisation was given requests the cancellation by notice in writing given to the Revenue Commissioners, or

(ii) if, in the case of a person authorised in accordance with paragraph (3), they cease to be satisfied that, taking one taxable period with another, the person derives not less than 90 per cent. of his taxable turnover from the supply of taxable goods or services to unregistered persons.

( b ) An authorisation under this Regulation may be cancelled by notice in writing given by the Revenue Commissioners to the person who was the subject of the authorisation, and such cancellation shall have effect for the purposes of section 14 of the Act from the commencement of the taxable period during which notice was given or from the commencement of such later taxable period as may be specified in the notice.

(10) No adjustment of liability as provided for in paragraph (6) or (7) shall be made if the cesser of authorisation as aforesaid was occasioned by the death of the taxable person, or if the period immediately preceding the date of the cesser during which he was authorised in accordance with the relevant paragraph exceeded six years.

(11) In this Regulation "control", in relation to a body corporate, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of the first-mentioned body corporate are conducted in accordance with the wishes of that person, and, in relation to a partnership, means the right to a share of more than one-half of the assets, or of more than one-half of the income, of the partnership.

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

8. (1) Where, in a case in which section 10 (3) (c) of the Act applies and section 17 (9) of the Act does not apply, by reason of the return of goods, the allowance of discount, a reduction in price or the default of a debtor, the consideration exclusive of tax actually received by a taxable person in respect of the supply by him of any goods or services is less than the amount on which tax has become chargeable in respect of such supply, or no consideration is actually received, the following provisions shall apply:

( a ) the amount of the deficiency in respect of any supply shall be ascertained by deducting from the amount of consideration actually chargeable with tax, the amount exclusive of tax, or where a percentage only of the consideration is actually chargeable with tax, a corresponding percentage of the amount actually received, in respect of such supply,

( b ) the sum of the deficiencies, ascertained in accordance with subparagraph (a), incurred in each taxable period and relating to consideration chargeable at each of the various rates of tax (including the zero rate) specified in section 11 (1) of the Act shall be deducted from the amounts ascertained in accordance with section 10 of the Act which would otherwise be chargeable with tax at each of those rates and the net amounts as so ascertained shall be the amounts on which tax is chargeable for the taxable period:

Provided that if the sum of the deficiencies as ascertained in accordance with subparagraph (b) in relation to tax chargeable at any of the rates so specified exceeds the amount on which but for this Regulation tax would be chargeable at that rate, or no tax is chargeable at that rate, the tax appropriate to the excess or to the sum of the deficiencies, if no tax is chargeable, shall be treated as tax deductible in accordance with section 12 of the Act,

( c ) the taxable person to whom a credit note is, in accordance with section 17 of the Act, issued by another taxable person in respect of an adjustment under this Regulation shall reduce the amount which would otherwise be deductible under section 12 of the Act for the taxable period during which the credit note is issued (in this Regulation referred to as the tax deduction) by the amount of tax shown thereon or by the amount of tax appropriate to the amount of the reduction of consideration shown thereon whichever is the greater (in this subparagraph referred to as the appropriate tax reduction) and if the appropriate tax reduction exceeds the tax deduction the excess shall be carried forward and deducted from the tax deduction for the next taxable period and so on until the appropriate tax reduction is exhausted.

(2) Where, in accordance with section 17 (4) (b) of the Act a farmer credit note is issued by a flat-rate farmer, the taxable person to whom the credit note is issued shall reduce the amount which would otherwise be deductible under section 12 (1) (f) of the Act for the taxable period during which the farmer credit note is issued (in this Regulation referred to as the flat-rate deduction) by the amount of the flat-rate addition shown thereon (in this subparagraph referred to as the appropriate flat-rate reduction) and, if the appropriate flat-rate reduction exceeds the flat-rate deduction, the excess shall be carried forward and deducted from the flat-rate deduction for the next taxable period and so on until the appropriate flat-rate reduction is exhausted.

9 Accounts.

9. (1) Every taxable person shall keep full and true accounts entered up to date of—

( a ) in relation to consideration receivable from registered persons, the amount receivable from each such person in respect of each transaction for which an invoice is required to be issued under section 17 of the Act together with a cross-reference to the copy of the relevant invoice,

( b ) in relation to consideration receivable from unregistered persons, a daily total of the consideration receivable from all such persons together with a cross-reference to the relevant counter books, copies of sales dockets, cash register tally rolls or other documents which are in use for the purposes of the business,

( c ) in relation to importations, a description of the goods imported together with particulars of the value thereof as determined in accordance with section 15 of the Act, the amount of the consideration relating to the purchase of the goods if purchased in connection with the importation, the amount of tax, if any, paid on importation and a cross-reference to the invoices and customs documents used in connection with the importation,

( d ) in relation to goods, being goods developed, constructed, assembled, manufactured, produced, extracted, purchased or imported by the taxable person or by another person on his behalf and applied by him (otherwise than by way of disposal to another person) for the purposes of any business carried on by him, a description of the goods in question and the cost excluding tax, to the taxable person of acquiring or producing them except where tax chargeable in relation to the application of the goods would, if it were charged, be wholly deductible under section 12 of the Act,

( e ) in relation to goods, being goods which were appropriated by a taxable person for any purpose other than the purpose of his business or disposed of free of charge, where tax chargeable in relation to the goods, upon their acquisition by the taxable person, if they had been so acquired, or upon their development, construction, assembly, manufacture, production, extraction, importation or application in accordance with paragraph ( d ), as the case may be, was wholly or partly deductible under section 12 of the Act, a description of the goods in question and the cost, excluding tax, to the taxable person, of acquiring or producing them,

( f ) in relation to services regarded in accordance with section 5 (3) of the Act as supplied by a person in the course or furtherance of business, a description of the services in question together with particulars of the cost, excluding tax, to the taxable person of supplying the services and of the consideration, if any, receivable by him in respect of the supply,

( g ) in relation to services referred to in section 5 (6) (e) (ii) of the Act in respect of which a person is liable to pay tax in accordance with section 8 (2) of the Act, a description of the services in question together with particulars of the cost to the person of acquiring the service,

( h ) in the case of services deemed, in accordance with clause (i) or (ii) of subparagraph 5 (6) (e) of the Act to be supplied at places outside the State, the name and address of the person to whom the service is supplied, the nature of the service and the amount of the consideration receivable in respect of the supply,

( i ) in relation to discounts allowed or price reductions made to a registered person subsequent to the issue of an invoice to such person, the amount credited to such person and, except in a case in which section 17 (9) (a) of the Act applies, a cross-reference to the corresponding credit note,

( j ) in relation to discounts allowed or price reductions made to unregistered persons, a daily total of the amount so allowed together with a cross-reference to the goods returned book, cash book or other record used in connection with the matter,

( k ) in relation to bad debts written off, particulars of the name and address of the debtor, the nature of the goods or services to which the debt relates and the date or dates upon which the debt was incurred,

( l ) in relation to goods and services supplied to the taxable person by another taxable person, the amount of the consideration, the corresponding tax invoiced by the other taxable person and a cross-reference to the corresponding invoice,

( m ) in relation to goods and services supplied by unregistered persons, other than goods and services in respect of which flat-rate farmers are required, in accordance with section 12A (1) of the Act to issue invoices, a daily total of the consideration payable to such persons and a cross-reference to the purchases book, cash book, purchases dockets or other records which are in use in connection with the business,

( n ) in relation to goods and services supplied by flat-rate farmers but in respect of which such persons are required, in accordance with section 12A (1) of the Act, to issue invoices, the amount of the consideration (exclusive of the flat-rate addition) and of the flat-rate addition invoiced by each such person and a cross-reference to the corresponding invoice,

( o ) in relation to discounts or price reductions received from registered persons, subsequent to the receipt of invoices from such persons, except in a case in which section 17 (9) (a) of the Act applies, the amount of the discount or price reduction and the corresponding tax received from each such person and a cross-reference to the corresponding credit note,

( p ) in relation to discounts or price reductions in relation to goods and services referred to in subparagraph (n ), the amount of the discount or price reduction (exclusive of the flat-rate addition) and of the flat-rate addition and a cross-reference to the invoice issued in connection with the goods and services in question,

( q ) in relation to discounts or price reductions received other than those referred to in subparagraphs (o) and (p), a daily total of the amounts so received and a cross-reference to the cash book or other record used in connection with such matters,

( r ) in relation to dances—

(i) the date upon which each dance was held and the address of the place at which it was held,

(ii) the charge for admission to each dance,

(iii) the number of persons admitted to each dance,

(iv) the total amount of money received or receivable from the persons admitted to each dance in respect of admission, and

(v) where goods or services are supplied in connection with a dance and payment of the consideration therefore is a condition of admission to the dance, the amount of such consideration in respect of each dance,

( s ) in respect of supplies of goods specified in paragraph (i) of the Second Schedule to the Act, the name and address of the person to whom the goods are supplied, a description of the goods supplied, the amount of the consideration, a cross-reference to the copy of the relevant invoice and a cross-reference to the relevant Customs and transport documents, and

( t ) in the case of the supply of services in circumstances that, by virtue of any of the provisions of section 5 of the Act, are deemed to be supplied outside the State, the name and address of the person to whom the services are supplied, the amount of the consideration and a cross-reference to the copy of the relevant invoice or other document.

(2) The accounts kept in accordance with paragraph (1) shall set out separately, the consideration, discounts, price reductions, bad debts and values at importation under separate headings in relation to—

( a ) exempted activities,

( b ) goods and services chargeable at each rate of tax, including the zero rate, and

( c ) goods and services a percentage only of the consideration for the supply of which is chargeable to tax.

(3) ( a ) In relation to a person for the time being authorised in accordance with section 14 (1) (a) of the Act to determine the amount of tax which becomes due by him by reference to the amount of moneys which he receives, references in this Regulation to consideration in respect of the supply of goods or services shall be construed as references to the moneys received in respect of such supply, whether made before, on or after the specified day.

( b ) In relation to a person for the time being authorised, in accordance with section 14 (1) (b) of the Act, to determine the amount of tax referable to taxable services which becomes due by him by reference to the amount of moneys which he receives in respect of such supply, references in this Regulation to consideration in respect of the supply of services shall be construed as references to the moneys received in respect of such supply, whether made before, on or after the specified day.

(4) Where the Revenue Commissioners are satisfied that the accounts of a taxable person are kept in such a form as to enable his liability to tax to be computed accurately and verified by them, they may, by notice in writing given to the taxable person, dispense him from keeping accounts in the form prescribed by paragraphs (1) and (2), and any such dispensation may be cancelled by them by notice in writing given to the taxable person.

10 Invoices and other documents.

10. (1) ( a ) Every invoice issued by a taxable person in accordance with section 17 (1) of the Act shall set out the following particulars:

(i) the name, address and registration number of the person who supplied the goods or services to which the invoice relates,

(ii) the name and address of the person to whom the goods or services have been supplied,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were supplied,

(v) a description of the goods or services supplied,

(vi) the quantity or volume of the goods supplied,

(vii) the consideration exclusive of tax for the supply, and

(viii) the rate or rates of tax and amount of tax at each rate, chargeable to the person who has supplied the goods or services concerned.

( b ) Every invoice issued by a flat-rate farmer in accordance with section 17 (2) of the Act shall set out the following particulars:

(i) the name and address of the person who supplied the goods or services to which the invoice relates,

(ii) the name, address and registration number of the person to whom the goods or services were supplied,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were supplied,

(v) a description of the goods or services supplied,

(vi) the quantity or volume of goods supplied,

(vii) the consideration exclusive of the flat-rate addition, for the supply,

(viii) the rate and amount of the flat-rate addition, and

(ix) the signature or acknowledgement of the person by whom the invoice is issued.

( c ) Every invoice issued by a taxable person in accordance with section 17 (3) of the Act shall set out the following particulars:

(i) the name, address and registration number of the person who supplied the goods or services to which the invoice relates,

(ii) the name and address of the person to whom the goods or services were supplied,

(iii) the date upon which the invoice is issued,

(iv) the date on which the goods or services to which the invoice relates were supplied,

(v) a description of the goods or services supplied,

(vi) the quantity or volume of the goods supplied,

(vii) the amount, exclusive of tax, of the increase in consideration for the supply,

(viii) the rate or rates of tax and amount of tax at each rate, referable to the increase in consideration chargeable to the person who has supplied the goods or services, and

(ix) a cross-reference to every other invoice issued by the taxable person in respect of the total consideration for the supply of the goods or services.

( d ) Every invoice issued by a flat-rate farmer in accordance with section 17 (4) of the Act shall set out the following particulars:

(i) the name and address of the person who supplied the goods or services to which the invoice relates,

(ii) the name, address and registration number of the person to whom the goods or services were supplied,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were supplied,

(v) a description of the goods or services supplied,

(vi) the quantity or volume of goods supplied,

(vii) the amount, exclusive of the flat-rate addition, of the increase in consideration for the supply of goods or services,

(viii) the rate and amount of the flat-rate addition,

(ix) the signature or acknowledgement of the person by whom the invoice is issued, and

(x) a cross-reference to every other invoice issued by the flat-rate farmer in respect of the total consideration for the supply.

( e ) Every credit note issued by a taxable person in accordance with section 17 (3) of the Act shall set out the following particulars:

(i) the name, address and registration number of the person issuing the credit note,

(ii) the name and address of the person to whom the credit note is being issued,

(iii) the date upon which the credit note is issued,

(iv) the reason why the credit note is being issued and a cross-reference to the corresponding invoice,

(v) the amount of the consideration, exclusive of tax, in respect of which the credit note is being issued, and

(vi) the relevant rate or rates of tax, current on the date upon which the credit note is issued, and the amount of tax at each rate appropriate to the consideration for which credit is being given.

( f ) Every farmer credit note issued in accordance with section 17 (4) (b) of the Act shall set out the following particulars:

(i) the name and address of the person issuing the credit note,

(ii) the name and address of the person to whom the credit note is being issued,

(iii) the date upon which the credit note is issued,

(iv) the reason why the credit note is being issued and a cross-reference to the corresponding invoice,

(v) the amount of the consideration exclusive of the flat-rate addition in respect of which the credit note is being issued, and

(vi) the rate and amount of the flat-rate addition.

( g ) Every settlement voucher issued in accordance with section 17(10) of the Act in respect of goods or services supplied to a registered person by another registered person shall set out the following particulars:

(i) the name, address and registration number of the registered person who supplied the goods or services to which the settlement voucher relates,

(ii) the name, address and registration number of the person to whom the goods or services were supplied,

(iii) the date upon which the settlement voucher is issued,

(iv) the date upon which the goods or services to which the settlement voucher relates were supplied,

(v) a description of the goods or services supplied,

(vi) the quantity or volume of goods supplied,

(vii) the consideration, exclusive of tax, for the supply of the goods or services, and

(viii) the rate or rates of tax and amount of tax at each rate chargeable to the person who supplied the goods or services in respect of the supply.

( h ) Every settlement voucher issued in accordance with section 17 (10) of the Act in respect of agricultural produce or agricultural services supplied to a registered person by a flat-rate farmer shall set out the following particulars:

( i ) the name and address of the person who supplied the goods or services to which the settlement voucher relates,

(ii) the name, address and registration number of the person to whom the goods or services have been supplied,

(iii) the date on which the settlement voucher is issued,

(iv) the date on which the goods or services to which the settlement voucher relates were supplied,

(v) a description of the goods or services supplied,

(vi) the quantity or volume of goods supplied,

(vii) the amount of the consideration, exclusive of the flat-rate addition, for the supply, and

(viii) the rate and amount of the flat-rate addition.

( i ) Every debit note issued in accordance with section 17 (11) of the Act shall set out the following particulars:

(i) the name, address and registration number, of the person issuing the debit note,

(ii) the name and address of the person to whom the debit note is being issued,

(iii) the date upon which the debit note is issued,

(iv) the reason why the debit note is being issued and a cross-reference to the corresponding invoice,

(v) the amount of the consideration, exclusive of tax, in respect of which the debit note is being issued, and

(vi) the relevant rate or rates of tax and the amount of tax at each rate appropriate to the consideration shown on the debit note.

( j ) Every farmer debit note issued in accordance with section 17 (11A) of the Act shall set out the following particulars:

(i) the name, address and registration number of the person issuing the debit note,

(ii) the name and address of the person to whom the debit note is being issued,

(iii) the date upon which the debit note is issued,

(iv) the reason why the debit note is being issued and a cross-reference to the corresponding invoice,

(v) the amount of the consideration, exclusive of the flat-rate addition, in respect of which the debit note is being issued, and

(vi) the rate and amount of the flat-rate addition appropriate to the consideration shown on the debit note.

(2) Any person issuing in accordance with section 17 of the Act an invoice, credit note, settlement voucher or debit note shall keep an exact copy thereof and references in these Regulations to any such document include references to a copy thereof.

(3) An invoice, credit note, settlement voucher or debit note issued in accordance with section 17 of the Act shall show separate totals for consideration, discounts and price reductions, as appropriate, and the corresponding tax, if any, in relation to—

( a ) exempted activities,

( b ) goods and services chargeable at each rate of tax including the zero rate, and

( c ) goods and services a part only of the consideration for the supply of which is chargeable to tax.

11 Time limits for certain documents.

11. (1) An invoice required in accordance with section 17 (1) of the Act to be issued by one taxable person to another taxable person in respect of the supply of any goods or services shall be issued by the first-mentioned taxable person to the second-mentioned taxable person within ten days next following the month during which the said goods or services were supplied.

(2) An invoice required in accordance with section 12A of the Act to be issued by a flat-rate farmer to a taxable person in respect of the supply of goods or services shall be issued by the flat-rate farmer to the taxable person immediately the conditions specified in section 17 (2) of the Act have been fulfilled.

(3) An invoice required, in accordance with section 17 (3) (a) of the Act to be issued by one taxable person to another taxable person in respect of an increase in the consideration shown on an invoice previously issued by the first-mentioned taxable person, shall be issued by such first-mentioned taxable person to the second-mentioned taxable person within ten days next following the day upon which the increased consideration is paid or the increase in consideration is agreed between the parties, whichever day is the earlier.

(4) An invoice required, in accordance with section 17 (4) (a) of the Act to be issued by a flat-rate farmer to a taxable person in respect of an increase in the consideration shown on an invoice previously issued by the flat-rate farmer, shall be issued by the said farmer to the taxable person immediately the conditions specified in section 17 (2) of the Act have been fulfilled.

(5) A credit note required, in accordance with section 17 (3) (b) of the Act to be issued by one taxable person to another taxable person in respect of a reduction in the consideration shown on an invoice previously issued by the first-mentioned taxable person, shall be issued by such first-mentioned taxable person to the second-mentioned taxable person—

( a ) in the case of a decrease occasioned by the allowance of a discount, within ten days of the date of receipt of the money to which the discount relates, and

( b ) in any other case, within ten days next following the day on which the decrease in consideration is agreed between the parties.

(6) A farmer credit note required, in accordance with section 17 (4) (b) of the Act to be issued by a flat-rate farmer to a taxable person in respect of a reduction in the consideration shown on an invoice previously issued by the farmer, shall be issued by such farmer within ten days of—

( a ) the date on which the decrease in consideration is agreed between the parties, or

( b ) the receipt of the money to which the reduction or discount relates whichever is the earlier.

(7) An invoice required, pursuant to subsection (8) of section 17 of the Act to be issued in accordance with subsection (1) or (2) of that section in respect of a payment for a supply of goods or services before the supply is completed—

( a ) shall, if it is to be issued in accordance with the said subsection (1), be issued by the first-mentioned person to the second-mentioned person within ten days next following the month during which the said payment was received, and

( b ) shall, if it is to be issued in accordance with the said subsection (2), be issued immediately the conditions specified in the said subsection (2) are fulfilled.

12 Returns.

12. (1) The return which a taxable person is required in accordance with section 19 (3) of the Act to furnish to the Collector-General shall contain such of the following particulars as are relevant to his circumstances—

( a ) the name, address and registration number of the person,

( b ) the taxable period to which return relates,

( c ) particulars of tax claimed as deductible under section 12 (1) of the Act in respect of the taxable period to which the return relates (including tax paid or payable in respect of goods imported) showing—

(i) the amounts, by reference to each rate of tax, including the zero rate, and the flat-rate addition specified in section 12A (1) of the Act in respect of goods purchased or imported for resale,

(ii) the amounts, by reference to each rate of tax, including the zero rate, and the flat-rate addition, in respect of other goods and services,

(iii) the totals of the amounts by reference to each rate of tax, including the zero rate, and the flat-rate addition, and

(iv) the amount claimed at each rate of tax and by reference to the flat-rate addition,

( d ) particulars of the amounts relating to purchases and importations of goods and services in respect of which a right to a deduction of tax under section 12 (1) of the Act does not arise, separate totals being given under the appropriate rates, in respect of the taxable period to which the return relates,

( e ) particulars of consideration and value on which tax is chargeable in respect of supplies of goods and services and importations of goods by the person in the taxable period to which the return relates showing separately—

(i) the amounts by reference to each rate of tax, including the zero rate, in respect of supplies of goods and services in the period, separate amounts being shown in the case of the zero rate for consideration relating to the supply within the State of goods specified in any of the following paragraphs, that is to say, paragraphs (vii), (viii), (x), (xii), (xiii), (xiv), (xv) and (xvii) to (xx) of the Second Schedule to the Act and supplies specified in any of the other paragraphs of the said Schedule,

(ii) the amounts, by reference to each rate of tax, including the zero rate, in respect of importations of goods in the period,

(iii) the totals of the amounts by reference to each rate of tax, including the zero rate, and

(iv) the tax chargeable by reference to each rate of tax,

( f ) particulars of consideration on which tax is not chargeable in respect of supplies of goods and services during the taxable period to which the return relates, and of the value of importations in the said period, of goods specified in paragraphs (xviii), (xx) and (xxi) of the First Schedule to the Act,

( g ) in the case of dances—

(i) the date upon which each dance promoted by the person during the taxable period was held, and the address of the place at which it was held, and

(ii) the total number of persons admitted to dances promoted by the person during the taxable period.

(2) A taxable person shall, when required to do so by notice in writing served on him by the Revenue Commissioners, furnish to the Revenue Commissioners such particulars concerning any period not exceeding one year as may be specified in the notice for the purpose of enabling them to review an apportionment between tax which may be deducted under section 12 of the Act, and tax which may not be deducted under that section.

13 Acceptance of estimates.

13. (1) The Revenue Commissioners may, if they so think proper and until they otherwise decide, accept estimates, based on procedures approved of by them, of the tax for any taxable period which a person is required to pay by reference to a return furnished in accordance with section 19 (3) of the Act and may impose in relation to any such acceptance the condition (which shall be fulfilled by the person) that the person shall, within such period as may be specified, furnish a return in accordance with the said section 19 (3) or furnish such further particulars as may be specified to enable the estimates to be reviewed.

(2) Where an estimate of the tax payable for any taxable period has been accepted in accordance with paragraph (1), the estimate may be reviewed by reference to the return or other particulars furnished in accordance with the arrangement and any necessary adjustment may be made by way of additional charge of tax or repayment of tax as the circumstances may require.

(3) If a person in respect of whom an estimate of the tax payable by him has been accepted for any taxable period fails to furnish the return or other particulars the furnishing of which is a condition of acceptance of the estimate in accordance with paragraph (1), or fails to pay any additional tax found to be payable as a result of a review of an estimate for any taxable period made in accordance with paragraph (2), any additional tax which the Revenue Commissioners have reason to believe may be due may be included in an estimate of tax made in accordance with section 23 of the Act.

(4) The provisions of section 21 of the Act shall not apply to any additional charge of tax arising out of a review made in accordance with paragraph (2) if the return or other particulars referred to in that paragraph are furnished within the time specified in the condition governing the acceptance of the estimate and payment of the additional tax is made not later than the end of the time so specified.

(5) A review in accordance with paragraph (2) may extend to a period consisting of two or more consecutive taxable periods and any additional tax or repayment of tax arising out of such review shall be regarded as referable to the latest taxable period in such period.

14 Estimation of tax due.

14. (1) An estimation of tax due for a taxable period for the purposes of section 22 of the Act or an estimation of tax due or refundable for a taxable period or other period consisting of two or more taxable periods for the purposes of section 23 of the Act may be made by an officer of the Revenue Commissioners authorised by them in that behalf who shall sign a list containing the relevant particulars of the persons to whom the estimates relate and enter on the list the date of such signing and the list shall be retained by the Revenue Commissioners for a period of not less than ten years from the date of such signing.

(2) The relevant particulars are—

( a ) in relation to estimates under section 22 of the Act—

(i) the name, address and registration number of each person in respect of whom an estimate or two or more estimates is or are made,

(ii) the taxable period to which each estimate relates, and

(iii) the amount of tax estimated to be payable in respect of each taxable period referred to in clause (ii),

and

( b ) in relation to estimates under section 23 of the Act—

(i) the name, address and registration number of each person in respect of whom an estimate or two or more estimates is or are made,

(ii) the period consisting of one taxable period or two or more consecutive taxable periods to which each estimate relates, and

(iii) the total amount of tax which it is estimated should have been paid or the total amount of tax (including a nil amount) which in accordance with section 20 (1) of the Act should have been refunded, as the case may be, in respect of the taxable period or periods comprised in each period referred to in clause (ii).

15 Modification of certain provisions.

15. (1) Section 480 of the Income Tax Act, 1967 (No. 6 of 1967), as applied by section 24 of the Act shall so apply subject to the following modifications:

( a ) in subsection (1)—

(i) the expression "the sum charged" shall be construed as referring to value-added tax payable by the person concerned,

(ii) the expression "the Collector" shall be construed as referring to the Collector-General,

(iii) the words "in accordance with the assessments and warrants delivered to him" shall be disregarded,

(iv) the words "the warrant delivered to him on his appointment" shall be construed as referring to the nomination given to the Collector-General on his being nominated by the Revenue Commissioners as the Collector-General,

( b ) in subsection (4) the words "a distress levied by the Collector" shall be construed as referring to a distress levied by the Collector-General or by a person nominated by the Collector-General to represent him at the execution,

( c ) in subsection (5) references to the Collector or his deputy shall be construed as references to the Collector-General or to a person nominated by him for the purposes of the subsection and the requirement of appraisal of the distress shall be disregarded.

(2) Section 485 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the following modifications in subsection (1):

( a ) the words "any sum which may be levied on him in respect of income tax" shall be construed as referring to value-added tax payable by the person concerned,

( b ) the expression "the Collector" shall be construed as referring to the Collector-General.

(3) Section 486 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the following modifications:

( a ) the words "income tax or sur-tax" in subsection (1) shall be construed as referring to value-added tax,

( b ) the expression "the Collector or other officer of the Revenue Commissioners, duly authorised to collect the said tax" in subsections (1) and (2) and "the Collector or other officer under this section" in subsection (3) shall each be construed as referring to the Collector-General.

(4) Section 487 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the modification that the references to income tax shall be construed as references to value-added tax.

(5) Section 488 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the following modifications:

( a ) the references in subsections (1) and (5) to income tax or sur-tax shall be construed as references to value-added tax,

( b ) in subsection (5) the references to an inspector and to the Collector shall each be construed as a reference to the Collector-General and the words "under an assessment which has become final and conclusive" shall be disregarded.

(6) Section 491 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the modification that the expression "income tax or sur-tax" shall be construed as referring to value-added tax.

16 Apportionment of amounts.

16. (1) Where, in relation to the computation of the tax payable by a taxable person in respect of any taxable period, it is necessary to apportion an amount of tax between tax which may be deducted under section 12 (1) of the Act and tax which may not be deducted under that section, the apportionment shall be made on the basis of the ratio which the amount of the taxable turnover in the taxable period in question bears to the total turnover in that period, and the amount so ascertained which is referable to the amount of the taxable turnover shall be the amount deductible under the said section 12 (1).

(2) Notwithstanding anything in paragraph (1), an apportionment of an amount of tax between tax which may be deducted under the said section and tax which may not be deducted under that section may be made upon any basis, other than that referred to in paragraph (1), which may be agreed between the taxable person and the Revenue Commissioners.

(3) An apportionment of tax made in accordance with paragraph (1) or (2) may be reviewed by reference to the ratio which the total amount of the taxable turnover in the year in which the taxable period in question occurs bears to the total turnover in that year and any necessary adjustment may be made by way of additional charge of tax or repayment of tax as the circumstances may require.

(4) The year referred to in paragraph (3) is a period of twelve months beginning on the 1st. day of January in any year, but if the taxable person customarily makes up accounts for periods of twelve months ending on a fixed date, the year referred to is a period of twelve months ending—

( a ) in case the fixed date coincides with the end of a taxable period, on the fixed date, and

( b ) in any other case, on the last day of the taxable period during which the fixed date occurs.

(5) The provisions of section 21 of the Act shall not apply to an additional charge of tax referable to a review under this Regulation unless the additional charge is the subject of an estimation of tax under section 22 or 23of the Act.

17 Refund of tax.

17. A claim for refund of tax shall be furnished in writing to the Revenue Commissioners and shall—

( a ) set out the grounds on which the refund is claimed,

( b ) contain a computation of the amount of the refund claimed, and

( c ) if so required by the Revenue Commissioners, be vouched by the receipts for tax paid and such other documents as may be necessary to prove the entitlement to a refund of the amount claimed.

18 Remission of small amounts of tax.

18. The Revenue Commissioners may, at their discretion, remit the amount of tax, together with interest thereon, payable by a person in respect of goods and services supplied by him during any taxable period, if the total amount of the tax, exclusive of any interest chargeable thereon does not exceed £15.

19 Valuation of interests in immovable goods.

19. (1) Where—

( a ) it is necessary to value an interest in immovable goods for the purposes of section 10 (9) of the Act,

( b ) the disposal of such interest consists of or includes the creation of an interest,

( c ) a rent is payable in respect of the interest so created, and

( d ) the terms under which the interest is created do not provide for an increase in the rent to take effect earlier than the end of the fifth year after the interest was created,

the value of such rent to be included in the consideration for the purpose of ascertaining the open market price of the interest disposed of shall, in the absence of other evidence of the amount of that price, be—

(i) three-quarters of the annual amount of the rent multiplied by the number of complete years for which the rent has been created, or

(ii) the annual amount of the rent multiplied by the fraction of which the numerator is 100 and the denominator is the rate of interest (before deduction of income tax, if any) on the security of the Government which was issued last before the date of the creation of the rent for subscription in the State, and which is redeemable not less than five years after the date of issue (allowance having been made in calculating the interest for any profit or loss which will occur on the redemption of the security),

whichever is the lower.

(2) Where a person having an interest in immovable goods (in this paragraph referred to as "the disponor") disposes as regards the whole or any part of those goods of an interest which derives from that interest in such circumstances that he retains the reversion on the interest disposed of (in this paragraph referred to as the reversionary interest), the following provisions shall apply:

( a ) the value of the reversionary interest shall be ascertained by deducting the value of the interest disposed of from the value of the full interest which the disponor had in the goods or the part thereof disposed of at the time the disposition was made, and

( b ) if, under the terms of the disposition, the reversionary interest could not, except through the default of the person in whose favour the disposition was made or a person deriving his title through him, revert to the disponor within a period of 20 years from the date of the disposition—

(i) the disponor shall be deemed to have disposed of his full interest in the goods or the part thereof disposed of, and

(ii) the value of the reversionary interest shall be disregarded.

20 Procedures regarding dances.

20. (1) Every person who intends to promote a dance (other than a dance to which the number of persons to be admitted is limited to one hundred and the consideration for admission to which does not exceed twenty pence), or a series of such dances, shall, not later than fourteen days before the date on which the dance, or the first dance of the series, as the case may be, is to be held, send to the Collector-General a notification in writing containing the following particulars:

( a ) the name and address of the person,

( b ) the address of the premises in which the dance or dances is or are to be held,

( c ) the name and address of the proprietor of the premises mentioned in subparagraph (b),

( d ) as respects the dance or each of the series of dances, the date and time of the dance or of each dance within the series of dances and the proposed admission charge, and

( e ) where the person promoting the dance or dances is a body of persons other than a body corporate, the name and address of the individual who will be responsible for payment of the tax.

(2) On receipt of a notification in accordance with paragraph (1), the Collector-General shall forthwith acknowledge it and shall at the same time send a notice in writing to the proprietor of the premises mentioned in the notification, specifying the dance or dances so mentioned and stating that notification in respect thereof has been received in accordance with this Regulation.

(3) The proprietor of any premises shall not promote a dance therein, or allow a dance to be promoted therein by any other person, unless he has received notice from the Revenue Commissioners that they have been notified in accordance with section 11 (7) (c) of the Act.

(4) If any alteration is made or occurs as respects any of the particulars contained in a notification sent to the Collector-General under paragraph (1), the person responsible for sending the notification under that paragraph shall immediately notify the Collector-General in writing of the alteration.

21 Relief for stock-in-trade held on 1st. November, 1972.

21. A claim for deduction under section 34 (1) of the Act in respect of stock-in-trade held at the commencement of the 1st. day of November, 1972, shall be supported by a statement in writing of all stock-in-trade held at that time setting out details of the stock-in-trade so held under the following headings—

( a ) stocks which have borne turnover tax and wholesale tax on purchase or importation other than—

(i) second-hand goods;

(ii) newspapers and periodicals;

(iii) 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 designed and constructed for the purpose aforesaid, excluding vehicles designed and constructed for the carriage of more than sixteen persons (inclusive of the driver), invalid carriages and other vehicles of a type designed for use by invalids or infirm persons;

(iv) radio receiving sets and television receiving sets which are of the domestic or portable type or which are of a kind suitable for use in road vehicles;

(v) gramophones, radiogramophones, record reproducers;

(vi) gramophone records,

( b ) stocks which have borne wholesale tax only on purchase, other than goods of a kind specified in clauses (i) to (vi) of subparagraph (a),

( c ) (i) goods which suffered turnover tax only on purchase,

(ii) second-hand goods which were purchased from persons accountable for turnover tax and on which turnover tax was borne on purchase,

(iii) goods of a kind specified at (iii), (iv), (v) and (vi) of subparagraphs (a) and (b),

(iv) newspapers and periodicals which suffered turnover tax on purchase, and

( d ) stocks which do not qualify for relief.

22 Relief for stock-in-trade held at commencement of taxability.

22. (1) A claim by a taxable person for a deduction under section 12 (1) of the Act of an amount authorised to be so deducted by section 12 (1A) of the Act shall be made to the Collector-General and shall be supported by a statement in writing of all stock-in-trade held by him at the commencement of the first taxable period for which he is deemed to be a taxable person (in this Regulation referred to as the relevant day) setting out details of stock-in-trade so held by him under the following headings:

( a ) stocks supplied to him by taxable persons and in respect of which, if supplied immediately before the relevant day, tax would be chargeable on the full amount of the consideration at the rate specified in section 11 (1) (a) of the Act;

( b ) stocks supplied to him by taxable persons and in respect of which, if supplied immediately before the relevant day, tax would be chargeable on the full amount of the consideration at the rate specified in section 11 (1) (c) of the Act;

( c ) stocks supplied to him by taxable persons and in respect of which, if supplied immediately before the relevant day, tax would be chargeable on the percentage of the total consideration specified in section 11 (2) (a) of the Act at the rate specified in section 11 (1) (a) of the Act;

( d ) agricultural produce supplied by flat-rate farmers; and

( e ) stocks, other than stocks referred to in subparagraph (d), in respect of which, if supplied immediately before the relevant day, tax would not be chargeable or would be chargeable at the zero rate.

(2) ( a ) The deduction in respect of stocks specified in subparagraph (a) or (b) of paragraph (1) shall be ascertained in the following manner:

(i) the stocks shall be valued at cost inclusive of tax, or market value, whichever is the lower,

(ii) there shall be deducted from the total value of stocks ascertained in accordance with clause (i) the value of any stocks included therein in respect of which an invoice issued in accordance with subsection (1), (2), (3) or (4) of section 17 of the Act has been or is likely to be received on or after the relevant day,

(iii) the amount of the deduction shall be the amount of tax which would be chargeable if the stocks were supplied immediately before the relevant day by a taxable person in the course or furtherance of business for a consideration inclusive of tax equal to the amount of their value after making the deduction specified in clause (ii) and the tax fell due on the date of supply.

( b ) The deduction in respect of stocks specified in subparagraph (c) or (d ) of paragraph (1) shall be ascertained in the following manner:

(i) the stocks shall be valued at cost inclusive of tax, or market value, whichever is the lower,

(ii) there shall be deducted from the total value of stocks ascertained in accordance with clause (i) the value of any stocks included therein in respect of which an invoice issued in accordance with subsection (1), (2), (3) or (4) of section 17 of the Act has been or is likely to be received on or after the relevant day,

(iii) the amount of the deduction shall be 1 per cent. of their value after making the deduction specified in clause (ii).

(3) Relief claimed in accordance with this Regulation shall be distinguished if included in a return made in accordance with section 19 (3) of the Act.

23 Determination in regard to tax.

23. (1) A determination concerning whether an activity is an exempted activity or the rate at which tax is chargeable in relation to the supply of goods of any kind, the supply of goods in any particular circumstances or the supply of services of any kind may be made for the purposes of section 11 (1B) of the Act by an officer of the Revenue Commissioners authorised by them in that behalf.

(2) A determination under this Regulation shall be in writing, shall contain the particulars of the determination, shall be signed by the officer making the determination and shall bear the date upon which it is so signed.

(3) Determinations concerning two or more matters may be included in the same document.

24 Supply of certain services.

24. (1) Subject to paragraph (2) and in accordance with section 5 (3) (c) of the Act, the following services shall be deemed to be a supply of services by a person for consideration in the course or furtherance of his business, that is to say, the supply of catering services for his own private or personal use or that of his staff for the supply of which he provides materials or facilities or towards the cost of which he contributes in whole or in part.

(2) This Regulation shall not apply to any such supplies as are referred to in paragraph (1) if the total cost of providing them has not exceeded and is not likely to exceed £500 in any taxable period.

25 Postponement of payment of tax on goods supplied while warehoused.

25. (1) Where goods chargeable with a duty of excise on their manufacture or production are supplied while warehoused to a registered person for the purposes of his business, they may, in accordance with section 13 (5) of the Act be removed from warehouse without payment of the tax chargeable on the supply.

(2) Where goods have been supplied while warehoused to a registered person without payment of the tax chargeable on the supply in accordance with paragraph (1), the tax chargeable in accordance with section 13 (5) (b) of the Act in relation to the said supply shall be accounted for by that person together with any tax chargeable on the supply of goods or services by him in a return furnished by him in accordance with these Regulations for the taxable period during which the goods were removed from warehouse.

(3) Where goods have been supplied while warehoused to a registered person without payment of the tax chargeable on the supply in accordance with paragraph (1) and the tax is not accounted for in a return lodged for the period in question in accordance with paragraph (2), or the person fails to lodge a return due for that period, the tax chargeable in respect of the supply shall become due.

(4) Where—

( a ) tax due by a person in accordance with paragraph (2) has not been accounted for, or

( b ) tax due by a person in accordance with paragraph (3) has not been paid or accounted for,

the said Commissioners may direct that as from a specified date paragraph (1) shall not apply to that person.

26 Postponement of payment of tax on goods imported by registered persons.

26. (1) Goods imported during a taxable period by a registered person for the purposes of his business may, in accordance with section 15 (7) of the Act be delivered or removed without payment of the tax chargeable at importation provided that, in the case of a person who supplies taxable goods within the State, the Revenue Commissioners are satisfied that such supplies are generally made by him at an established place of business.

(2) Where goods have been imported by a registered person without payment of the tax chargeable on the importation in accordance with paragraph (1), the tax chargeable on the said importation shall be accounted for by that person together with any tax chargeable on the supply of goods or services by him in a return furnished by him in accordance with these Regulations for the period during which the goods were delivered or removed.

(3) Where goods have been imported by a registered person without payment of the tax chargeable on the importation in accordance with paragraph (1) and the tax is not accounted for in a return lodged for the period in question in accordance with paragraph (2), or the person fails to lodge a return due for that period, the tax chargeable in respect of the importation shall become due.

(4) ( a ) Where the Revenue Commissioners cease to be satisfied in relation to any registered person that the supplies of goods referred to in paragraph (1) are generally made at an established place of business; or

( b ) where tax due by a person in accordance with paragraph (2) has not been accounted for; or

( c ) where tax due by a person in accordance with paragraph (3) has not been paid or accounted for—

the said Commissioners may direct that as from a specified date paragraph (1) of this Regulation shall not apply to that person.

27 Repayment of tax on certain importation of goods.

27. (1) ( a ) A person who establishes to the satisfaction of the Revenue Commissioners that he has paid tax on the importation of goods which were previously exported and who fulfils to the satisfaction of the said Commissioners the conditions which are specified below shall, in accordance with section 15 (5) (a) of the Act, be entitled to repayment of the tax paid subject to the limitations provided for in subparagraph (b) of this paragraph:

(i) he shall establish that he is not a taxable person;

(ii) he shall claim a refund by completing such claim form as may be provided for the purpose by the Revenue Commissioners and he shall certify the particulars shown on such claim form to be correct;

(iii) he shall, by production of the appropriate form, duly certified, or by other sufficient documentary evidence, establish that the goods were previously exported;

(iv) in case the goods have undergone work while in another Member State, he shall establish that he has borne on that work value-added tax referred to in Council Directive No. 77/388/EEC of 17 May, 1977(¹), and was not entitled to a deduction or refund in respect of that tax;

(v) he shall establish that he had already borne or paid tax on the same goods, and the amount of such tax; and

(vi) he shall establish that he is not entitled to repayment of the tax under any other provision of the Act or Regulations or of any other Act or instrument made under statute administered by the Revenue Commissioners.

( b ) The amount of tax which shall be repaid shall not exceed the amount of tax established as paid by the claimant on the importation of the goods or as borne or paid by the claimant in accordance with subparagraph (a) (v) of this paragraph, whichever is the lesser.

^{(1) OJ NO. L145/1 of 13.6.1977.}

(2) ( a ) A person who establishes to the satisfaction of the Revenue Commissioners that he has paid tax on the importation of goods which were subsequently exported shall, in accordance with section 15 (5) (b) of the Act, be entitled to repayment of tax subject to the limitations provided for in subparagraph (b) if he fulfils the following conditions to the satisfaction of the Revenue Commissioners:

(i) he shall establish that he is not a taxable person;

(ii) he shall claim a refund by completing such claim form as may be provided for the purpose by the Revenue Commissioners and he shall certify the particulars shown on such claim form to be correct;

(iii) he shall establish that the goods have been exported;

(iv) he shall, by the production of receipts for tax paid on importation of the goods to which the claim relates, establish the amount of such tax;

(v) he shall by the production of the appropriate form, duly certified, or by other sufficient documentary evidence, establish that the goods to which the claim relates are the same goods as those on which the tax was paid by him; and

(vi) he shall establish that he is not entitled to repayment of the tax under any other provision of the Act or Regulations or of any other Act or instrument made under statute administered by the Revenue Commissioners.

( b ) The amount of tax which shall be repaid—

(i) in the case of goods which have been hired, leased or loaned to the claimant, shall be the excess, if any, of the tax paid on the importation of the goods over the tax which would have been chargeable on the hiring, leasing or loaning of the goods if the transaction had been chargeable to tax;

(ii) in the case of goods imported in connection with the supply of taxable services within the State by the person by whom or for whom the goods were imported, shall be the excess, if any, of the tax paid on importation over the tax which would have been chargeable on such supply if the supply had been chargeable to tax; and

(iii) in the case of other goods, shall not exceed the amount established in accordance with subparagraph (a) (iv) of this paragraph.

(3) ( a ) An unregistered person who pays tax on the importation of goods from the customs-free airport and who establishes to the satisfaction of the Revenue Commissioners that he has already borne tax on the same goods shall be entitled to repayment of tax subject to the limitations provided for in subparagraph (b), if he fulfils the following conditions to the satisfaction of the Revenue Commissioners:

(i) he shall claim a refund by completing such claim form as may be provided for the purpose by the Revenue Commissioners and he shall certify the particulars shown on such claim form to be correct;

(ii) he shall by the production of invoices and receipts, or by the production of receipts for tax paid on importation establish the amount of tax previously borne or paid by him on the goods to which the claim relates;

(iii) he shall establish that he is not a taxable person; and

(iv) he shall establish that he is not entitled to repayment of the tax under any other provisions of the Act or Regulations or of any other Act or instrument made under statute administered by the Revenue Commissioners.

( b ) The amount of tax which shall be repaid shall not exceed the amount of tax previously borne on the goods at the time of their first acquisition by the claimant.

28 Limitation of application of Customs law to imported goods.

28. In accordance with section 15 (6) of the Act the provisions of section 11 of the Finance (Miscellaneous Provisions) Act, 1958 , shall not apply to tax chargeable at importation, and section 6 of the Customs and Inland Revenue Act, 1879, and section 25 (2) of the Finance Act, 1933 , shall apply only in relation to goods which are being reimported by the person who exported them.

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

29. (1) Tax is, in accordance with section 13 (1) (c) of the Act, hereby remitted in respect of the supply or importation of fishing nets, and sections thereof, of a kind used by commercial sea-fishermen for the purposes of their occupation and not commonly used for any other purpose.

(2) A person who establishes to the satisfaction of the Revenue Commissioners that he has borne or paid tax on—

( a ) the supply or hire to him, the importation by him or the maintenance or repair for him of a commercial sea-fishing vessel of a gross tonnage of not more than 15 tons, on the acquisition of which he received from An Bord Iascaigh Mhara a grant or loan of money, or

( b ) the supply or hire to him, the importation by him or the repair, modification or maintenance for him of goods specified in the Schedule to this Regulation for use exclusively in the operation by him of a commercial sea-fishing vessel of a gross tonnage of not more than 15 tons, on the acquisition of which he received from An Bord Iascaigh Mhara a grant or loan of money, or

( c ) the hire to him, or the repair or maintenance for him of goods specified in the Schedule to this Regulation for use exclusively in the operation by him of a commercial sea-fishing vessel of a gross tonnage of more than 15 tons, whether or not the subject of a grant or loan of money from An Bord Iascaigh Mhara, or

( d ) the repair or maintenance for him of a fishing net specified in paragraph (1) for use exclusively in the course of a commercial sea-fishing business carried on by him,

and who fulfils to the satisfaction of the said Commissioners the conditions specified in paragraph (3) shall be entitled to be repaid the tax borne or paid.

(3) The conditions to be fulfilled by a person specified in paragraph (2) are—

( a ) he shall claim a refund of tax by completing such claim form as may be provided for the purpose by the Revenue Commissioners and he shall certify the particulars shown on such claim form to be correct,

( b ) he shall, by production of sufficient documentary evidence, establish that the outlay in relation to which his claim for a refund of tax arises was incurred in the operation by him of a vessel specified in paragraph (2) for the purposes of a commercial sea-fishing business,

( c ) he shall, by production of an invoice provided in accordance with section 17 (12) (a) (ii) of the Act or by the production of a receipt for tax paid on goods imported, establish the amount of tax borne or paid in relation to the outlay referred to in paragraph (2),

( d ) he shall, by the production of a certificate from An Bord Iascaigh Mhara or such other documentary evidence as may be acceptable to the Revenue Commissioners, establish where appropriate that the outlay in relation to which his claim for a refund of tax arises relates to a commercial sea-fishing vessel in respect of which he qualified for financial assistance by grant or loan from An Bord Iascaigh Mhara,

( e ) he shall establish that he is not a person registered in the register maintained under section 9 of the Act nor a person required under the provisions of that section to furnish the particulars specified for registration.

SCHEDULE

Anchors, autopilots, bilge and deck pumps, buoys and floats, compasses, cranes, echo graphs, echo sounders, electrical generating sets, fish boxes, fish finders, fishing baskets, life boats and life rafts, marine lights, marine engines, net drums, net haulers, net sounders, radar apparatus, radio navigational aid apparatus, radio telephones, refrigeration plant, trawl doors, trawl gallows, winches.

30 Refund to foreign traders.

30. (1) A person who establishes to the satisfaction of the Revenue Commissioners that he carries on a business outside the State and that he supplies no goods or services in the State shall, subject to paragraph (2), be entitled, in accordance with section 13 (3) of the Act to be repaid tax borne by him on the purchase of goods or services or in respect of goods imported by him if he fulfils to the satisfaction of the said Commissioners the following conditions, that is to say:

( a ) he shall claim a refund by completing such claim form as may be provided for the purpose by the Revenue Commissioners and he shall certify the particulars shown on such claim form to be correct;

( b ) he shall, by the production of invoices or import documents, establish the amount of tax borne;

( c ) in the case of a person having an establishment in another Member State of the Community he shall produce a certificate from the relevant official department of that State that he is a person subject, under the laws of that State, to value-added tax referred to in Council Directive No. 77/388/EEC (¹), of 17 May, 1977; and

( d ) he shall establish that he is not entitled to repayment of the tax under any other provision of the Act or Regulations or of any other Act or instrument made under statute administered by the Revenue Commissioners.

(2) No repayment of tax under this Regulation shall be made in respect of—

( a ) the provision of food or drink, or accommodation or other personal services,

( b ) entertainment expenses,

( c ) the acquisition (including hiring) of motor vehicles,

( d ) the purchase of petrol,

( e ) the acquisition of goods for supply within the State or for hiring out for utilisation within the State, or

( f ) goods or services acquired or goods imported in connection with an activity which, if it took place within the State, would be an exempted activity.

(3) For the purposes of this Regulation the services specified in paragraph (iii) of the Second Schedule to the Act shall be deemed to be not supplied in the State.

31 Exemption of certain business gifts.

31. For the purposes of section 3 (1A) (a) of the Act a gift of goods made in the course or furtherance of business (otherwise than as one forming part of a series or succession of gifts made to the same person) the cost of which to the donor does not exceed £15 exclusive of tax shall not be deemed to have been effected for consideration.

32 Supplies of stamps, coupons, tokens and vouchers.

32. The amount on which tax is chargeable by virtue of section 2 (1) ( a ) of the Act in relation to supplies of stamps, coupons, tokens or vouchers specified in section 10 (7) (b) of the Act shall be nil where the supplies are made by a person in relation to the operation of a business consisting mainly of the supply of goods or services in exchange for the stamps, coupons, tokens or vouchers, and the goods or services are of a kind which the person to whom the stamps, coupons, tokens or vouchers are surrendered does not supply except in relation to the operation of such a scheme.

^{(1) OJ NO. L 145/1 of 13.6.77.}

33 Supplies of goods or services in exchange for stamps, coupons, tokens or vouchers.

33. The amount on which tax is chargeable by virtue of section 2 (1) (a) of the Act in relation to supplies of goods or services to which section 10 (7) (c) of the Act relates shall be the cost, excluding tax, to the supplier of producing or acquiring the goods or providing the services, as the case may be, increased by such amount as is reasonable having regard to the open market value of similar goods or services.

34 Apportionment of consideration.

34. For the purposes of section 11 (3) of the Act—

( a ) the consideration in respect of the provision of board and lodging, otherwise than in the course of carrying on a hotel business, shall be apportioned as to the amount which relates to the supply of services under section 5 (2) (c) of the Act and the amount which relates to the letting of immovable goods specified in paragraph (iv) of the First Schedule to the Act;

( b ) where a service consisting of the transport of passengers and the provision of hotel accommodation is supplied for a single consideration, such consideration shall be apportioned as to the amounts which relate to such transport of passengers and such provision of accommodation, respectively.

35 Disclosure of information to the Revenue Commissioners.

35. Any person engaged in the supply of goods or services in the course or furtherance of business shall, when required to do so by notice in writing served on him by the Revenue Commissioners, disclose to the Revenue Commissioners such particulars of any goods or services supplied to him as may be required by such notice.

36 Death or incapacity of taxable person.

36. If a taxable person dies, becomes bankrupt, or, being a body corporate, goes into liquidation, anything which he would have been liable to do under the Act or these Regulations shall be done by his personal representative, assignee, trustee, committee or liquidator, as the case may be.

37 Service of notices.

37. Any notice, notification or requirement which is authorised or required to be given, served, made, sent or issued under the Act or under these Regulations may be sent by post.

38 Nomination of officers.

38. The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by the Act to be performed or discharged by the Revenue Commissioners.

39 Revocation.

39. The Value-Added Tax Regulations, 1972 ( S.I. No. 177 of 1972 ), and the Value-Added Tax Regulations, 1973 ( S.I. No. 254 of 1973 ), are hereby revoked.

GIVEN this 27th. day of February, 1979.

M. K. O'CONNOR,

Revenue Commissioner.

The Minister for Finance hereby consents to the making of Regulations 26, 28 and 29 of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 27th. day of February, 1979.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations which come into force on the 1st. of March, 1979, concern the operation of Value-Added Tax. They prescribe procedures in relation to the following matters:

( a ) election for taxability, the waiver of exemption and the treatment of two or more taxable persons as a single taxable person,

( b ) registration and cancellation of registration,

( c ) determination of tax due on basis of moneys received,

( d ) accounts to be kept, including the adjustments to be made in certain circumstances and the issue of invoices, credit notes and debit notes, and the time limits for issuing certain documents,

( e ) returns to be made, payment of tax and postponed payment, the acceptance of estimates, the apportionment of amounts and the estimation of tax due,

( f ) refunds and remissions of tax,

( g ) the valuation of interests in immovable goods,

( h ) the charge of tax in regard to dances,

( i ) relief for stock-in-trade held—

(I) on 1 November, 1972,

(II) at commencement of taxability,

( j ) determination in regard to tax,

( k ) supply of certain services,

( l ) treatment of certain gifts, trading stamps and goods exchanged therefor.