Value-Added Tax Consolidation Act 2010

56.

Zero-rating scheme for qualifying businesses.

[VATA s. 13A]

56.—(1) For the purposes of this section and paragraph 7(7) of Schedule 2

“authorised person” means a qualifying person who has been authorised in accordance with subsection (3);

“qualifying person” means an accountable person whose turnover from—

( a) supplies of goods made in accordance with paragraph 1(1) or 3(1) or (3) of Schedule 2 ,

( b) supplies of contract work where the place of supply is deemed to be F97 [ a Member State other than ] the State, and

( c) supplies of contract work made in accordance with paragraph 3(4) of Schedule 2 ,

amounts to F98 [ ] 75 per cent of the person’s total turnover from supplying goods and services F99 [ for the period of 12 months immediately preceding the making of an application for authorisation under subsection (2) ] , except that turnover from goods supplied to an accountable person that are subsequently leased back from that person are excluded from the total turnover for the purpose of determining whether the accountable person is a qualifying person;

“qualifying goods” means all taxable goods excluding motor vehicles within the meaning of section 60(1) and petrol;

“qualifying services” means all taxable services excluding the provision of food or drink, accommodation, other personal services, entertainment services or the hire of motor vehicles within the meaning of section 60(1) .

(2) A person who wishes to become an authorised person shall—

( a) complete such application form as may be provided by the Revenue Commissioners for that purpose,

F99 [ ( aa ) provide in the application form the particulars specified in such regulations as may be made under section 120(7)(ab) , ]

( b) certify the particulars shown on such form to be correct, and

( c) submit to the Revenue Commissioners the completed and certified application form, together with such further information in support of the application as may be requested by them.

(3) F100 [ ( a ) The Revenue Commissioners shall, subject to paragraph (ab) , issue to a person, who has made an application under subsection (2) , an authorisation in writing where they are satisfied that—

(i) there is no risk to revenue, and

(ii) the person—

(I) is a qualifying person, and

(II) has furnished the particulars, duly certified, as required under subsection (2) ,

and if not so satisfied shall refuse to issue the authorisation. ]

F99 [ ( aa ) Where the Revenue Commissioners decide under paragraph (a) to refuse to issue an authorisation, they shall give notice in writing to the person concerned of the decision and the reasons for that decision.

( ab ) An authorisation issued under paragraph (a) shall be subject to the conditions that the authorised person, during the period for which the authorisation is valid, shall—

(i) keep full and true records in accordance with section 84 , and

(ii) comply with the provisions of—

(I) this Act,

(II) the Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997 ),

(III) the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997 ),

(IV) the statutes relating to the duties of excise and to the management of those duties,

(V) the Customs Act 2015 , and

(VI) any instrument made under any of the enactments referred to in clauses (I) to (V) . ]

( b) An authorisation issued in accordance with paragraph (a) shall be valid for such period as may be determined by the Revenue Commissioners.

( c) Where a person who has been authorised in accordance with paragraph (a) ceases to be a qualifying person, he or she shall, by notice in writing, advise the Revenue Commissioners accordingly not later than the end of the taxable period during which he or she ceased to be a qualifying person.

F99 [ ( ca ) An authorised person shall, by notice in writing, advise the Revenue Commissioners immediately of any change in the particulars referred to in subsection (2)(aa) . ]

( d) F98 [ ]

F99 [ (3A) ( a ) The Revenue Commissioners shall, by notice in writing, cancel an authorisation issued to a person in accordance with subsection (3) where they are satisfied that—

(i) the person is no longer a qualifying person,

(ii) the person has furnished, or there is furnished on his or her behalf, when making an application under subsection (2) for authorisation, particulars which are, in a material respect, false, incorrect or misleading, or

(iii) the person has failed or is failing to comply with all or any of the conditions set out in subsection (3)(ab) .

( b ) A cancellation under paragraph (a) shall take effect—

(i) if no appeal is brought under subsection (10) , on the date specified in the notice given under paragraph (a) , or

(ii) if an appeal is brought under subsection (10) , on the date on which the appeal has been finally determined or is withdrawn or abandoned.

(3B) Where—

( a ) a person’s authorisation is cancelled under subsection (3A) , and

( b ) it appears to be requisite to the Revenue Commissioners to do so for the protection of the revenue, the Revenue Commissioners may, notwithstanding any obligations as to secrecy, or other restriction upon disclosure of information imposed on them by any enactment or otherwise—

(i) inform the suppliers to the person to whom the authorisation relates, in so far as is practicable, of—

(I) the cancellation of that person’s authorisation,

(II) the number of the authorisation so cancelled,

(III) the date from which the cancellation has effect, and

(IV) the name and address of the person to whom the authorisation issued,

(ii) publish in Iris Oifigiúil a notice stating—

(I) that the authorisation has been cancelled,

(II) the number of the authorisation so cancelled,

(III) the date from which the cancellation has effect, and

(IV) the name and address of the person to whom the authorisation issued,

and

(iii) make publicly available the information which has been published in accordance with subparagraph (ii) in any other publication and in any manner, form, format or media. ]

(4) An authorised person shall furnish a copy of the authorisation referred to in subsection (3) to each accountable person in the State who supplies taxable goods or taxable services to the authorised person.

(5) An accountable person who supplies goods or services in circumstances where paragraph 7(7) of Schedule 2 applies shall, in addition to the details to be included on each invoice, credit note or other document required to be issued in accordance with Chapter 2 of Part 9 , include on that invoice, credit note or other document a reference to the number of the authorisation issued to the authorised person in accordance with subsection (3).

(6) In relation to each consignment of goods to be imported by an authorised person at the rate specified in section 46(1)(b) by virtue of paragraph 7(7) of Schedule 2 the following conditions shall be complied with:

( a) a copy of the authorisation referred to in subsection (3) shall be produced with the relevant customs entry; and

( b) the relevant customs entry shall incorporate—

(i) a declaration by the authorised person, or by his or her representative duly authorised in writing for that purpose, that he or she is an authorised person in accordance with this section for the purposes of paragraph 7(7) of Schedule 2 , and

(ii) a claim for importation at the rate specified in section 46(1)(b) .

(7) For the purposes of section 93(1)(c)(ii) , the tax charged at the rate specified in section 46(1)(b) by virtue of paragraph 7(7) of Schedule 2 shall be deemed to be tax which is deductible under Chapter 1 of Part 8 .

(8) Where an authorised person is in receipt of a service in respect of which, had paragraph 7(7) of Schedule 2 not applied, tax would have been chargeable at a rate other than the rate specified in section 46(1)(b) and all or part of such tax would not have been deductible by the authorised person under Chapter 1 of Part 8 , then that authorised person shall, in relation to such service, be liable to pay tax as if he or she had supplied the service for consideration in the course or furtherance of his or her business to a person who is not an authorised person.

(9) For the purposes of this section, and subject to the direction and control of the Revenue Commissioners, any power, function or duty conferred or imposed on them may be exercised or performed on their behalf by an officer of the Revenue Commissioners.

F99 [ (10) Any person aggrieved by a decision of the Revenue Commissioners in relation to—

( a ) the refusal under subsection (3)(a) to issue an authorisation, or

( b ) the cancellation of an authorisation under subsection (3A) ,

may appeal the decision to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notice of that decision. ]

Annotations

Amendments:

F97

Inserted (6.02.2011) by Finance Act 2011 (6/2011), s. 61 and sch. 2 par. 10, commenced on enactment.

F98

Deleted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 64(a)(i), (c)(iv), S.I. No. 723 of 2020.

F99

Inserted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 64(a)(ii), (b), (c)(ii), (iii), (d), (e), S.I. No. 723 of 2020.

F100

Substituted (31.12.2020 at 11 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 64(c)(i), S.I. No. 723 of 2020.

Editorial Notes:

E16

Previous affecting provision: in subs. (1), definition of qualifying person amended, subs. (2)(aa) inserted, subs. (3)(a) substituted and (aa), (ab), (ca) inserted, subs. (3)(d) deleted, and subss. (3A), (3B) and (10) inserted by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2019 (8/2019), s. 57, not commenced; repealed (17.12.2020) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 4(a), S.I. No. 634 of 2020.