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Amendment of section 10 (amount on which tax is chargeable) of Principal Act.
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172.—Section 10 (inserted by the Act of 1978) of the Principal Act is hereby amended—
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(a) by the insertion of the following subsection after subsection (1):
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“(1A) The amount on which tax is chargeable on the intra-Community acquisition of goods by virtue of section 2 (1A) shall, subject to this section, be the total consideration, including all taxes, commissions, costs and charges whatsoever, but not including value-added tax chargeable, in respect of that acquisition.”,
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(b) in subsection (2) by the substitution of “subsections (1) or (1A)” for “subsection (1)”,
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(c) in the proviso to subsection (2) by the insertion after “Provided that” of “, as respects subsection (1),”,
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(d) by the substitution of the following paragraph for paragraph (a) of subsection (3):
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“(a) If for any non-business reason the actual consideration in relation to—
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(i) the supply of any goods or services, or
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(ii) the intra-Community acquisition of goods,
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is less than the open market price or there is no consideration, the amount on which tax is chargeable shall be the open market price.”,
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(e) in subsection (4) by the substitution of “the person supplying or acquiring the goods” for “the person supplying the goods”,
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(f) by the insertion of the following subsection after subsection (4A) (inserted by the Act of 1982):
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“(4B) The amount on which tax is chargeable in relation to the supply of goods referred to in section 3 (1) (g) shall be the open market price.”,
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(g) by the insertion of the following subsection after subsection (5):
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“(5A) Where,
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(a) an intra-Community acquisition is deemed to have taken place in the territory of another Member State in accordance with section 3A (2) (a),
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(b) the intra-Community acquisition has been subject to value-added tax, referred to in Council Directive No. 77/388/EEC of 17 May 1977, in that other Member State, and
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(c) the intra-Community acquisition is also deemed to have taken place in the State, in accordance with section 3A (2) (b),
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then the consideration for the intra-Community acquisition to which paragraph (c) relates shall be reduced to nil.”,
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and
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(h) by the insertion in the definition of “the open market price” in subsection (10) after “supply of any goods or services” of “or the intra-Community acquisition of goods”.
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