Value-Added Tax Regulations, 1979

• Jurisdiction: Ireland
• Citation: IR SI 63/1979
• Year: 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...