Value-Added Tax Consolidation Act 2010

104.

Repayments in specific circumstances.

[VATA ss. 5(6A), 13(1)( b) and ( c), (2)( b) and ( c) and (3A) and 20(2)]

104.—(1)( a) In accordance with regulations, the Revenue Commissioners shall repay, to a person to whom this subsection applies, the residual tax included in the consideration for supply of a new means of transport where such new means of transport is subsequently dispatched or transported to another Member State.

( b) This subsection applies to a person who is not entitled to a deduction under Chapter 1 of Part 8 of the tax borne or paid by the person on the purchase, intra-Community acquisition or importation of the new means of transport in question.

(2)( a) F195 [ ]

( b) F195 [ ]

( c) F195 [ ]

( d) Where a telephone card is used to access a telecommunications service, the value of the telephone card so used shall, for the purposes of section 37(3) , be disregarded.

(3) Notwithstanding anything in this Act, a refund of the tax paid in respect of radio broadcasting reception apparatus and parts thereof belonging to an institution or society may be made to the institution or society but only if—

( a) in the opinion of the Revenue Commissioners, it has for its primary object the amelioration of the lot of blind persons, and

( b) it shows, to the satisfaction of the Revenue Commissioners, that the goods in question are intended for the use of blind persons.

(4) Regulations may make provision for remitting or repaying, subject to such conditions (if any) as may be specified in the regulations or as the Revenue Commissioners may impose, the tax chargeable in respect of the supply of goods, or of such goods as may be specified in the regulations, in cases where the Commissioners are satisfied that—

( a) the goods have been shipped on board an aircraft or ship proceeding to a place outside the State,

( b) the goods are, or are to be used in, a fishing vessel used or to be used for the purposes of commercial sea fishing.

(5) Regulations may make provision for remitting or repaying, subject to such conditions (if any) as may be specified in the regulations or as the Revenue Commissioners may impose, the tax chargeable in respect of the supply of both or any one (as may be specified in the regulations) of the following services:

( a) the repair, maintenance and hiring of plant or equipment used in a vessel or an aircraft specified in paragraph 4(2) of Schedule 2 ,

( b) the repair, maintenance and hiring of a vessel used, or of plant or equipment used in a vessel used, for the purposes of commercial sea fishing.

Annotations:

Amendments:

F195

Deleted (1.01.2019) by Finance Act 2018 (30/2018), s. 45(1), commenced as per subs. (2).

Editorial Notes:

E49

Procedure and conditions for claiming refund of tax remitted in respect of the supply or importation of fishing nets used or to be used for the purposes of commercial sea-fishing under subs. (4)(b) prescribed (1.01.2011) by Value-Added Tax Regulations 2010 (S.I. No. 639 of 2010), reg. 38, in effect as per reg. 1(2).