Value-Added Tax Consolidation Act 2010

SCHEDULE 3

Goods and Services chargeable at the reduced rate

[VATA Sch. 3]

PART 1

Interpretation

Definitions Schedule 3.

1. (1) In this Schedule—

“food and drink table” means Table 1 to paragraph 8(1) of Schedule 2;

F361[]

“margin scheme supply” means a supply—

(a) by a taxable dealer in accordance with section 87(3) or (8), or

(b) by an auctioneer within the meaning of section 89(1) and in accordance with F362[section 89(3);]

F363[open farm means a facility the principal function of which is the exhibition (other than on an occasional basis) of animals and agricultural activities, and such exhibition may also include rural heritage.]

Other interpretative provisions.

2. (1) In this Schedule, a reference to supplying food and drink includes—

(a) a reference to supplying food without drink, and

(b) a reference to supplying drink without food.

(2) For the purposes of paragraph 12, the expression “golf” does not include pitch and putt.

Annotations

Amendments:

F361

Deleted (19.12.2020) by Finance Act 2020 (26/2020), s. 43(c)(i), commenced on enactment.

F362

Substituted (1.01.2012) by Finance Act 2012 (9/2012) s. 95(1)(a), commenced as per subs. (2).

F363

Inserted (1.01.2012) by Finance Act 2012 (9/2012) s. 95(1)(b), commenced as per subs. (2).

PART 2

Annex III Supplies

This Part sets out supplies of goods and services as provided by Article 98 and Annex III of the VAT Directive.

Food and drink for human consumption.

3. (F364[(1) The supply of restaurant or catering services, excluding—

(a) a supply to which paragraph 5(1) of Schedule 1 relates,

(b) the supply of food and drink that falls within Part A of the food and drink table, and

(c) the supply of food and drink that falls within column (1) of Part E of the food and drink table, but not including juices extracted from fruit.]

(2) F365[]

(3) The supply of food and drink that consists of or includes food and drink—

(a) that—

(i) has been heated, enabling it to be consumed at a temperature above the ambient air temperature,

(ii) has been retained heated after cooking, enabling it to be consumed at a temperature above the ambient air temperature, or

(iii) is supplied while still warm after cooking, enabling it to be consumed at a temperature above the ambient air temperature,

and

(b) that is above the ambient air temperature at the time when it is provided to a customer,

being food and drink which fall within Part B of the food and drink table or that, apart from this subparagraph, would be chargeable to tax at the rate specified in section 46(1)(b).

(4) Subparagraph (3) does not apply to bread as defined in column (2) of Part F of the food and drink table.

(5) Food of a kind used for human consumption (other than that chargeable to tax at the rate specified in section 46(1)(b)), being flour or egg based bakery products (including cakes, crackers, wafers and biscuits), but excluding—

(a) wafers and biscuits wholly or partly covered or decorated with chocolate or some other product similar in taste and appearance,

(b) food and drink which fall within Part C of the food and drink table, and

(c) chocolates, sweets and similar confectionery.

F366[Food supplements.

3A. The supply of food supplements of a kind used for human oral consumption.]

Live animals, animal feeding stuffs.

4. (1) Greyhound feeding stuff that is packaged, advertised or held out for sale solely as greyhound feeding stuff, and that is supplied in units of not less than 10 kilograms.

(2) Live poultry and live ostriches.

Pharmaceutical products.

5. Non-oral contraceptive products.

F367[5A. Menstrual cups, menstrual pants and menstrual sponges.]

Certain safety equipment.

6. Children’s car safety seats.

Books, newspapers and other printed matter.

7. Printed matter consisting of—

(a) newspapers and periodicals,

(b) brochures, leaflets and programmes,

(c) catalogues, including directories, and similar printed matter,

(d) maps, hydrographic and similar charts, or

(e) printed music other than in book or booklet form,

but excluding—

(i) other printed matter wholly or substantially devoted to advertising,

(ii) the items specified in subparagraphs (b) to (e) of paragraph 9 of Schedule 2, and

(iii) any other printed matter.

F368[Electronic publications

7A. Electronic publications being books, newspapers and periodicals, supplied electronically, but excluding electronic publications which wholly or predominantly are devoted to advertising, or consist wholly or predominantly of audible music or video content.]

Shows, exhibitions, cultural facilities, etc.

8. (1) Promotion of, and admission to, showings of cinematographic films.

(2) Promotion of, and admission to, live theatrical or musical performances, but excluding—

(a) dances, and

(b) performances of the kind specified in paragraph 5(2) of Schedule 1.

F369[(3) Admission to fairgrounds or amusement parks, but excluding any part of the fee for such admission which relates to goods or services other than such admission.]

F370[(4) Admission to

(a) exhibitions, of the kind normally held in museums and art galleries, of objects of historical, cultural, artistic or scientific interest (not being services of the kind specified in paragraph 3(5) of Schedule 1), or

(b) built or natural heritage facilities which are open to the public other than on an occasional basis (not being services of the kind specified in paragraph 3(5) of Schedule 1),

but excluding any part of the fee for such admission which relates to goods or services other than such admission.

(5) Admission to an open farm, but excluding any part of the fee for such admission which relates to goods or services other than such admission.]

Private dwellings.

9. (1) Services consisting of the development of immovable goods, being private dwellings, and work on such immovable goods including the installation of fixtures, where the value of movable goods (if any) provided in pursuance of an agreement in relation to such services does not exceed two-thirds of the total amount on which tax is chargeable in respect of the agreement.

(2) Services consisting of the routine cleaning of private dwellings.

Agricultural goods and services.

10. (1) Agricultural services consisting of any of the following:

(a) field work, including reaping, mowing, threshing, baling, harvesting, sowing and planting;

(b) stock-minding, stock-rearing, farm relief services and farm advisory services (other than farm accountancy or farm management services);

(c) disinfecting and ensilage of agricultural products;

(d) destroying weeds and pests, and dusting and spraying crops and land;

(e) lopping, tree felling and similar forestry services.

F371[(2) Animal insemination services other than the services specified in subparagraphs (4) and (5) of paragraph 13B.]

(3) The supply of livestock semen.

Hotel, holiday accommodation.

F372[11. Subject to regulations, if any—

(a) letting immovable goods (other than in the course of the provision of facilities of a kind specified in paragraph 12), where those goods consist of a room in a hotel or guesthouse, or

(b) the provision of holiday or guest accommodation in—

(i) a hotel,

(ii) a guesthouse,

(iii) all or part of a house,

(iv) all or part of an apartment, or

(v) another establishment,

including the letting of a place in a caravan park or camping site.]

Sporting facilities.

12. F373[(1) The provision of facilities for taking part in sporting activities including golf or physical education activities, and closely related activities, by an entity other than a non-profit making organisation, the State or a public body. ]

F374[(1A) The provision of facilities for taking part in sporting activities including golf or physical education activities, and closely related activities, by the State or a public body, where the total consideration received by such entity for providing those facilities exceeds, or is likely to exceed, the services threshold during any continuous period of 12 months. ]

(2) F375[]

(3) F375[]

Other services.

13. (1) Services consisting of the acceptance for disposal of waste material.

(2) Carrying out minor repairs or modifications to bicycles, shoes or leather goods, clothing or household linen.

(3) Hairdressing services.

Annotations

Amendments:

F364

Substituted (19.12.2020) by Finance Act 2020 (26/2020), s. 43(c)(ii)(I), commenced on enactment.

F365

Deleted (19.12.2020) by Finance Act 2020 (26/2020), s. 43(c)(ii)(II), commenced on enactment.

F366

Inserted (1.01.2020) by Finance Act 2019 (45/2019), s. 55, commenced as per s. 55.

F367

Inserted (1.01.2021) by Finance Act 2020 (26/2020), s. 46(b)(i), commenced as per para. (b)(i).

F368

Inserted (1.01.2019) by Finance Act 2018 (30/2018), s. 43(b), commenced as per s. 43.

F369

Substituted (19.12.2020) by Finance Act 2020 (26/2020), s. 46(b)(ii), commenced on enactment

F370

Substituted and inserted (1.01.2012) by Finance Act 2012 (9/2012) s. 95(1)(c), commenced as per subs. (2).

F371

Substituted (1.01.2015) by Finance (No. 2) Act 2013 (41/2013), s. 66(1)(c)(i), commenced as per s. 66(2) and S.I. No. 498 of 2014.

F372

Substituted (19.12.2020) by Finance Act 2020 (26/2020), s. 45(c), commenced on enactment

F373

Substituted (1.01.2013) by Finance Act 2013 (8/2013), s. 75(2)(a) and (b), commenced as per subs. (3).

F374

Inserted (1.01.2013) by Finance Act 2013 (8/2013), s. 75(2)(c), commenced as per subs. (3).

F375

Deleted (1.03.2015) by Finance Act 2014 (37/2014), s. 71(3)(b), commenced as per s. 71(4)(c).

Editorial Notes:

E82

Previous affecting provision: para. 11(a) amended (1.01.2013) by Finance Act 2013 (8/2013), s. 75(2)(a) and (b), commenced as per subs. (3); substituted as per F-note above.

E83

Lettings which constitute lettings provided in the short-term guest sector or holiday sector for the purposes of par. 11(a)(ii) specified (1.01.2011) by Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010), reg. 46, in effect as per reg. 1(2).

F376[PART 2A

certain supplies with reduced rate: particular provisions in accordance with article 102 of the vat directive

District heating.

13A. The supply of district heating.]

Annotations

Amendments:

F376

Inserted (1.03.2012) by Finance Act 2012 (9/2012), s. 95(3), commenced as per subs. (4).

F377[PART 2B

Certain Supplies with Reduced Rate: Special Provisions in Accordance with Article 113 of the VAT Directive

Horses and greyhounds

13B. (1) The supply of live horses other than horses normally intended for use in

(a) the preparation of foodstuffs, or

(b) agricultural production.

(2) The hire of horses.

(3) The supply of live greyhounds.

(4) The supply of insemination services for greyhounds.

(5) The supply of insemination services for horses other than horses normally intended for use in

(a) the preparation of foodstuffs, or

(b) agricultural production.

(6) The supply of horse semen from horses other than horses normally intended for use in

(a) the preparation of foodstuffs, or

(b) agricultural production.]

Annotations

Amendments:

F377

Inserted (1.01.2015) by Finance (No. 2) Act 2013 (41/2013), s. 66(1)(c)(ii), commenced as per s. 66(2) and S.I. No. 498 of 2014.

PART 3

Certain Supplies with Reduced Rate at 1 January 1991: Special Provisions in Accordance with Article 115 of the VAT Directive

Housing.

14. The supply of immovable goods used or to be used for residential purposes.

PART 4

Certain Supplies with Reduced Rate at 1 January 1991: Special Provisions in Accordance with Article 118 of the VAT Directive

Non-residential immovable goods.

15. (1) The supply of immovable goods, other than immovable goods used or to be used for residential purposes.

(2) Services consisting of the development of immovable goods (not being goods referred to in paragraph 9(1)) and work on those goods (including the installation of fixtures), where the value of any movable goods supplied under an agreement relating to the services does not exceed two-thirds of the total amount on which tax is chargeable in respect of the agreement.

(3) Services consisting of the routine cleaning of immovable goods (not being immovable goods referred to in paragraph 9(2)).

Concrete works.

16. (1) The supply of concrete that is ready to pour, but excluding the margin scheme supply of the concrete.

(2) The supply of blocks of concrete of a kind that comply with the specification contained in the F378[Irish Standard I.S. EN 771-3: 2011 Specification for masonry units - Part 3: Aggregate concrete masonry units (dense and lightweight aggregates)], but excluding the margin scheme supply of those blocks.

Energy products and supplies.

17. (1) The supply of coal, peat and other solid substances offered for sale solely as fuel.

(2) The supply of electricity, but not the distribution of electricity if the distribution is wholly or mainly in connection with the transmission of communication signals.

(3) The supply of gas of a kind used for domestic or industrial heating or lighting, whether in gaseous or liquid form, but not including—

F379[(a) vehicle gas within the meaning of section 94(1) of the Finance Act 1999,

(aa) liquefied petroleum gas within the meaning of section 94(1) of the Finance Act 1999 when used or intended for use as a propellant within the meaning of that section,]

(b) gas of a kind normally used for welding or cutting metal, or

(c) gas sold as lighter fuel.

F380[(4) The supply of hydrocarbon oil of a kind used for domestic or industrial heating, excluding gas oil (within the meaning of section 94(1) of the Finance Act 1999), other than gas oil which has been duly marked in accordance with Regulation 29(2)(a) of the Mineral Oil Tax Regulations 2012 (S.I. No. 231 of 2012).]

Photographic and related supplies.

18. (1) The supply to a person of photographic prints (other than goods produced by means of a photocopying process), slides or negatives, that have been produced from goods provided by that person.

(2) The supply of goods being—

(a) photographic prints (other than goods produced by means of a photocopying process) mounted or unmounted, but unframed,

(b) slides and negatives, and

(c) cinematographic and video film,

that record particular persons, objects or events, supplied under an agreement to photograph those persons, objects or events.

(3) The supply by a photographer of—

(a) negatives that have been produced from film exposed for the purpose of the photographer’s business, and

(b) film that has been exposed for the purposes of the photographer’s business.

(4) The supply of photographic prints produced by means of a vending machine which incorporates a camera and developing and printing equipment.

(5) Services consisting of—

(a) editing photographic, cinematographic and video film, or

(b) microfilming.

(6) Agency services relating to a supply specified in subparagraph (1).

Hiring for short periods.

19. Hiring—

(a) a vehicle designed and constructed, or adapted, for the conveyance of persons by road,

(b) a vessel designed and constructed for the conveyance of passengers and not exceeding 15 tonnes gross,

(c) any kind of sports or pleasure boat, or

(d) a caravan, mobile home, tent or trailer tent,

to a person under an agreement (other than an agreement of the kind referred to in section 19(1)(c)) for any term or part of a term that, when added to the term of a previous hiring (whether of the same goods or of other goods of the same kind) to the same person during the 12 months ending on the date of the beginning of the existing hiring, does not exceed 5 weeks.

Certain repair and related services.

20. (1) Services, other than those specified in paragraph 13(2), consisting of—

(a) repairing or maintaining movable goods, or

(b) modifying used movable goods (other than contract work or services of a kind specified in subparagraph (2)), but excluding the supply in the course of any such repair, maintenance or modification of—

(i) accessories, attachments or batteries, or

(ii) tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheels of all kinds.

(2) The following services are specified for the purposes of subparagraph (1):

(a) services specified in paragraph 3(4) of Schedule 2 (Work on movable goods for export);

(b) services specified in paragraph 4(2) of Schedule 2 (Repair, etc. of sea-going vessels or aircraft);

(c) services specified in paragraph 4(4) of Schedule 2 (Repair, etc. of equipment used in international aircraft).

Miscellaneous services.

F381[(1) Services consisting of the care of the human body, including services supplied in the course of a health studio business or similar business, but excluding the following:

(a) exempted activities referred to in Part 1 of Schedule 1;

(b) hairdressing services referred to in paragraph 13(3);

(c) sunbed services.]

(2) Services supplied in the course of their profession by jockeys.

(3) Services F382[of a kind supplied] in the course of their profession by veterinary surgeons.

(4) Services supplied in the course of their profession by tour guides.

(5) Instruction in the driving of mechanically propelled road vehicles, but excluding education, training or retraining of the kind specified in F383[paragraph 4(3)(c) of Schedule 1].

Annotations

Amendments:

F378

Substituted (18.12.2013) by Finance (No. 2) Act 2013 (41/2013), s. 84 and sch. para. 2(b), commenced as per sch. para. 5(a).

F379

Substituted and inserted (25.12.2017) by Finance Act 2017 (41/2017), s. 58(i), commenced on enactment.

F380

Substituted (23.12.2014) by Finance Act 2014 (37/2014), s. 71(3)(b), commenced on enactment.

F381

Substituted (1.01.2018) by Finance Act 2017 (41/2018), s. 56, commenced as per section.

F382

Substituted (6.02.2011) by Finance Act 2011 (6/2011), s. 61 and sch. 2 par. 19, commenced on enactment.

F383

Substituted (25.12.2017) by Finance Act 2017 (41/2017), s. 58(j), commenced on enactment.

Editorial Notes:

E84

Previous affecting provision: subs. (4) substituted (31.03.2012) by Finance Act 2012 (9/2012), s. 138 and sch. 6 par. 3(h)(i), commenced as per par. 4(b); deleted as per F-note above.

PART 5

Supplies of Certain Live Plants and Similar Goods

This Part sets out special provisions in accordance with Article 122 and Annex III (paragraph (11)) of the VAT Directive.

Plants and bulbs, etc.

22. (1) The supply of nursery or garden centre stock consisting of live plants, live trees, live shrubs, bulbs, roots and the like, not being of a kind specified in F384[paragraph 12(4)] of Schedule 2, and cut flowers and ornamental foliage not being artificial or dried flowers or foliage.

(2) The supply of miscanthus rhizomes, seeds, bulbs, roots and similar goods used for the agricultural production of bio-fuel.

Annotations

Amendments:

F384

Substituted (31.03.2012) by Finance Act 2012 (9/2012), s. 138 and sch. 6 par. 3(h)(ii), commenced as per par. 4(b).

PART 6

Supplies of Certain Works of Art, Antiques and Literary Manuscripts

This Part deals with special arrangements made in accordance with Article 311 and Annex IX of the VAT Directive.

Works of art.

23. The supply of a work of art that is—

(a) a painting, drawing or pastel, or any combination of them, that is produced entirely by hand, not being—

(i) a hand-decorated article,

(ii) a plan or drawing for the purpose of depicting topographical features, or

(iii) a plan or drawing produced for an architectural, engineering, industrial, commercial or similar purpose,

(b) an original lithograph, engraving, or print, or any combination of them, produced directly from lithographic stones, plates or other engraved surfaces, that are produced entirely by hand, or

(c) an original sculpture or statue (not being a mass-produced reproduction or work of craftsmanship of a commercial nature),

but excluding the margin scheme supply of such a work.

Antiques.

24. The supply of an antique that is an article of furniture, silver, glass or porcelain (whether hand-decorated or not) of a kind specified in regulations, that is shown to the satisfaction of the Revenue Commissioners to be more than 100 years old, but excluding—

(a) a work of art of a kind specified in paragraph 23, and

(b) the margin scheme supply of an antique.

Literary manuscripts.

25. The supply of a literary manuscript certified by the Director of the National Library as being of major national importance and of either cultural or artistic importance.

Annotations

Editorial Notes:

E85

Articles of furniture, silver, glass and porcelain specified for purposes of par. 24 (1.01.2011) by Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010), reg. 31, in effect as per reg. 1(2).