Value-Added Tax Consolidation Act 2010

11.

Other provisions in relation to goods.

[VATA s. 8(2B) and (3D)( b)]

11.—(1) Where a person is an accountable person only because of an intra-Community acquisition of a new means of transport, then the person shall not, unless he or she so elects, be an accountable person for the purposes of this Act except for section 79(2) or (3).

(2) Where—

( a) a person is an accountable person only because of an intra-Community acquisition of excisable products, and

( b) by virtue of the acquisition, and in accordance with F20 [ Chapters 2A and 2B of Part 2 of Finance Act 2001 ] , and any other enactment which is to be construed together with that Chapter, the duty of excise on those products is payable in the State,

then the person shall not, unless he or she so elects, be an accountable person for any purposes of this Act except for section 79(4) .

(3) A person who is not established in the State shall, unless the person opts to register in accordance with section 65 , be deemed not to have made an intra-Community acquisition or a supply of goods in the State where the only supplies by him or her in the State are in the circumstances set out in section 23 .

F21 [ (4) A person who is not established in the State, and who does not have a fixed establishment in the State, shall be deemed not to have made an intra-Community acquisition or a supply of goods in the State where such person transfers goods to an accountable person in the State under call-off stock arrangements to which section 23A applies. ]

Annotations

Amendments:

F20

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

F21

Inserted (1.01.2020) by European Union (Value-Added Tax) Regulations 2019 (S.I. No. 687 of 2019), reg. 3(b), in effect as per reg. 2.