Value-Added Tax Consolidation Act 2010

46.

Rates of tax.

[VATA s. 11(1), (1A) and (8)]

46.—(1) Tax shall be charged, in relation to the supply of taxable goods or services, the intra-Community acquisition of goods and the importation of goods, at whichever of the following rates is appropriate in any particular case:

( a) 1 [ subject to subsection (1A) , ] F68 [ 23 per cent ] of the amount on which tax is chargeable other than in relation to goods or services on which tax is chargeable at any of the rates specified in F69 [ paragraphs (b) , (c) , (ca) and (d) ] ;

( b) zero per cent of the amount on which tax is chargeable in relation to goods in the circumstances specified in paragraphs 1(1) to (3), 3(1) and (3) and 7(1) to (4) and (6) of Schedule 2 or of goods or services of a kind specified in the other paragraphs of that Schedule;

( c) F70 [ subject to paragraph (ca) , ] 13.5 per cent of the amount on which tax is chargeable in relation to goods or services of a kind specified in Schedule 3 ;

F70 [ ( ca ) F71 [ ] 9 per cent in relation to goods or services of a kind specified in F72 [ paragraphs 7(a) , 7A and 12 ] of Schedule 3 on which tax would, but for this paragraph, be chargeable in accordance with paragraph (c) ; ]

( d) 4.8 per cent of the amount on which tax is chargeable in relation to the supply of livestock F73 [ ].

1 [ (1A) During the period from 1 September 2020 to 28 February 2021, paragraph (a) of subsection (1) shall have effect as if there were substituted ‘21 per cent’ for ‘23 per cent’. ]

(2) The rate at which tax is chargeable under section 3(a) , (c), (d) or (e) is the rate in force at the time when the tax becomes due as provided by section 74(1) or (2) or 75 (whichever is applicable).

(3) Goods or services which are specifically excluded from any paragraph of a Schedule shall, unless the contrary intention is expressed, be regarded as excluded from every other paragraph of that Schedule, and shall not be regarded as specified in that Schedule.

(4)( a) The Minister may by order vary Schedule 2 or 3 by adding to or deleting therefrom descriptions of goods or services of any kind or by varying any description of goods or services for the time being specified therein, but no order shall be made under this Chapter for the purpose of increasing any of the rates of tax or extending the classes of activities or goods in respect of which tax is for the time being chargeable.

( b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).

( c) An order under this subsection shall be laid before Dáil Éireann as soon as may be after it has been made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Annotations:

Amendments:

F68

Substituted (1.01.2012) by Finance Act 2012 (9/2012), s. 87, commenced as per s. 87.

F69

Substituted (1.07.2011) by Finance (No. 2) Act 2011 (8/2011) s. 3(a), commenced as per s. 3.

F70

Inserted (1.07.2011) by Finance (No. 2) Act 2011 (8/2011) s. 3(b), (c), commenced as per s. 3.

F71

Deleted (1.01.2014) by Finance (No. 2) Act 2013 (41/2013), s. 58, commenced as per s. 58.

F72

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

F73

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

Amendments:

F33

Inserted (1.08.2020) by Financial Provisions (Covid-19) (No. 2) Act 2020 (8/2020), s. 12(b), commenced on enactment.

F34

Inserted (1.08.2020) by Financial Provisions (Covid-19) (No. 2) Act 2020 (8/2020), s. 12(a), commenced on enactment.

Editorial Notes:

E11

Previous affecting provision: subs. (1)(ca) amended (1.01.2015) by Finance (No. 2) Act 2013 (41/2013), s. 66(1)(b)(i), commenced as per s. 66(2) and S.I. No. 498 of 2014; substituted as per F-note above.