|
|
Amendment of section 17 (invoices) of Principal Act.
|
122.—Section 17 of the Principal Act is amended—
|
|
| |
(a) by inserting in subsection (1) “or to a Department of State or local authority or to a body established by statute or to a person who carries on an exempted activity” after “who supplies goods or services to another taxable person”,
|
|
| |
(b) by deleting in subsection (10)(a) “goods or services are supplied to a registered person by another registered person or”,
|
|
| |
(c) by substituting in subsection (10)(b) “agricultural produce” for “goods”, and
|
|
| |
(d) by inserting the following after subsection (13):
|
|
| |
“(14) (a) An invoice required under this section to be issued in respect of a supply by a person, in this subsection referred to as the ‘supplier’, is deemed to be so issued by that supplier if that invoice is drawn up and issued by the person to whom that supply is made, in this subsection referred to as the ‘customer’, where—
|
|
| |
(i) there is prior agreement between the supplier and the customer that the customer may draw up and issue such invoice,
|
|
| |
(ii) the customer is a person registered for value-added tax,
|
|
| |
(iii) any conditions which are imposed by this Act or by regulations on the supplier in relation to the form, content or issue of the invoice are met by the customer, and
|
|
| |
(iv) agreed procedures are in place for the acceptance by the supplier of the validity of the invoice.
|
|
| |
(b) An invoice, which is deemed to be issued by the supplier in accordance with paragraph (a), is deemed to have been so issued when such invoice is accepted by that supplier in accordance with the agreed procedures referred to in paragraph (a)(iv).
|
|
| |
(c) An invoice required to be issued by a supplier under this section shall be deemed to be so issued by that supplier if—
|
|
| |
(i) that invoice is issued by a person who acts in the name and on behalf of the supplier, and
|
|
| |
(ii) any conditions which are imposed by this Act or by regulations on the supplier in relation to the form, content or issue of the invoice are met.
|
|
| |
(d) Any credit note or debit note issued in accordance with this section which amends and refers specifically and unambiguously to an invoice is treated as if it were an invoice for the purposes of this subsection.
|
|
| |
(e) The Revenue Commissioners may make regulations in relation to the conditions applying to invoices covered by this subsection.
|
|
| |
(15)(a) A person who issues, or is deemed to issue, an invoice under this section shall ensure that—
|
|
| |
(i) a copy of any invoice issued by such person,
|
|
| |
(ii) a copy of any invoice deemed to be issued by such person in the circumstances specified in subsection (14), and
|
|
| |
(iii) any invoice received by such person,
|
|
| |
is stored, and for the purposes of section 16(1) the reference to the keeping of full and true records therein shall be construed accordingly in so far as it relates to invoices covered by this section.
|
|
| |
(b) Any invoice not stored by electronic means in a manner which conforms with requirements laid down by the Revenue Commissioners shall be stored within the State, but subject to the agreement of the Revenue Commissioners and any conditions set by them such invoice may be stored outside the State.”.
|
