S.I. No. 177/1972:

VALUE-ADDED TAX REGULATIONS, 1972.

VALUE-ADDED TAX REGULATIONS, 1972.

ARRANGEMENT OF REGULATIONS.

Regulation.

1. Short title and commencement.

2. Interpretation.

3. Election for accountability.

4. Waiver of exemption.

5. Treatment of two or more accountable persons as a single accountable person.

6. Registration and cancellation thereof.

7. Accounting on basis of moneys received.

8. Adjustments for returned goods, discounts and price alterations.

9. Accounts.

10. Invoices, credit notes and debit notes.

11. Time limits for issuing certain documents.

12. Returns.

13. Acceptance of estimates.

14. Estimation of tax due.

15. Modification of certain provisions.

16. Apportionment of amounts.

17. Refund of tax.

18. Remission of small amounts of tax.

19. Treatment of dealers in livestock.

20. Valuation of interests in immovable goods.

21. Procedures regarding dances.

22. Relief for stock-in-trade held on 1st November, 1972.

23. Disclosure of information to the Revenue Commisssioners.

24. Death or incapacity of accountable person.

25. Service of notices.

26. Nomination of officers.

S.I. No. 177 of 1972.

VALUE-ADDED TAX REGULATIONS, 1972.

The Revenue Commissioners, in exercise of the powers conferred on them by section 32 of the Value-added Tax Act, 1972 , (No. 22 of 1972), hereby make the following regulations :

1. (1) These Regulations may be cited as the Value-added Tax Regulations, 1972.

(2) These Regulations shall come into operation on the 31st day of August, 1972.

2. (1) In these Regulations--

" the Act " means the Value-added Tax Act, 1972 ;

" taxable turnover ", in relation to any period, means the total of the amounts on which tax is chargeable for that period at any of the rates specified in section 11 (1) of the Act;

" turnover ", in relation to any period, means the amount on which tax would be chargeable for that period in accordance with section 10 of the Act if section 6 of the Act were disregarded.

(2) In these Regulations--

(a) a reference to a regulation is to a regulation of these Regulations, and

(b) a reference to a paragraph, subparagraph or clause is to a paragraph, subparagraph or clause of the regulation in which the reference occurs,

unless it is indicated that reference to some other provision is intended.

3. (1) A person who, in accordance with section 8 (3) of the Act, is not an accountable person but who desires to elect to be such a person shall furnish to the Collector-General the particulars for registration specified in Regulation 6.

(2) The furnishing of the particulars referred to in paragraph (1) shall constitute an election to be an accountable person and such election shall have effect as from the date on which such particulars are received by the Collector-General until the date on which the person permanently ceases to deliver taxable goods or render taxable services in the course of business or until the date on which his election is cancelled in accordance with paragraph (3), whichever date is the earlier.

(3) A person who is an accountable person by reason only of an election in that behalf made in accordance with paragraphs (1) and (2) shall be entitled to have such election cancelled and to be treated, as from the date specified in paragraph (4), as a person who had not made such an election provided he fulfils all of the following conditions ; and a person who satisfies the Revenue Commissioners in regard to his turnover in accordance with section 8 (6) (a) of the Act may be treated as a person who is not an accountable person provided he fulfils similar conditions :

(a) he shall notify the Collector-General in writing that he desires to have his election cancelled or that he desires to be treated as a person who is not an accountable person ;

(b) he shall furnish to the Collector-General particulars of--

(i) the total amount of tax paid by him in accordance with section 19 (3) of the Act in respect of all the taxable periods comprised in the period commencing with the beginning of the first taxable period for which his election had effect or he was treated as an accountable person and ending with the termination of the taxable period immediately preceding that during which he notifies the Collector-General that he wishes to have his election cancelled or be treated as a person who is not an accountable person, and

(ii) the total amount of tax refunded to him in accordance with section 20 (1) of the Act in respect of all the taxable periods comprised in the period referred to in clause (i),

(c) he shall pay to the Collector-General an amount equal to the excess (if any) of the total amount referred to in clause (ii) of the preceding subparagraph over the total amount referred to in clause (i) of that subparagraph.

(4) If the conditions specified in the preceding paragraph have been fulfilled to the satisfaction of the Collector-General, he shall so notify the person concerned in writing and, on receipt by the person of such notice, his election shall be cancelled or he shall be treated as a person who is not an accountable person with effect as on and from the end of the taxable period during which the conditions have been so fulfilled ; and as on and from the end of such taxable period, the person shall be treated as a person who had not elected to be accountable or as a person who is not an accountable person.

(5) A person who notifies the Collector-General during any taxable period (in this paragraph referred to as the final taxable period) of his desire to have his election cancelled or to be treated as a person who is not an accountable person shall not be entitled, under section 20 (1) of the Act, to any refund of tax, other than a refund referable solely to some error or mistake made by him, in excess of whichever of the following amounts is appropriate--

(a) in a case in which there is an excess of the amount referred to in paragraph (3) (b) (i) over the amount referred to in paragraph (3) (b) (ii) (in this paragraph referred to as the said excess), an amount for the final taxable period and for any subsequent taxable period consisting of the amount of such excess, increased by the amounts paid under section 19 (3) of the Act for the final taxable period and any subsequent taxable periods up to and including the taxable period to which the claim relates and reduced by the total of the refunds under section 20 (1) of the Act previously made for any of those taxable periods, and

(b) in any other case, an amount for the final taxable period or for any subsequent taxable period consisting of the excess of the total of the amounts paid under section 19 (3) of the Act for the final and all subsequent taxable periods up to and including the taxable period to which the claim relates reduced by the total of the refunds under section 20 (1) of the Act previously made for any of those taxable periods.

(6) (a) No charge of tax, as provided for in paragraph (3) (c), or restriction of repayment, as provided for in paragraph (5), shall be made if the period during the whole of which the person was an accountable person and which immediately preceded the date as from which the person is treated as a person who had not elected to be an accountable person or as a person who is not an accountable person, as the case may be, exceeds six years.

(b) In the case of a person who, in the absence of an election to be an accountable person, would (in accordance with section 8 (3) (a) of the Act), not be such a person, paragraph (3) (b) shall apply as if--

(i) the amount of tax paid by him in accordance with section 19 (3) of the Act in respect of each of the taxable periods referred to in clause (i) were increased by an amount equal to 1 per cent. of the consideration on which tax was chargeable for each of those taxable periods in respect of transactions referred to in subparagraphs (i) to (iii) of the said section 8 (3), and

(ii) the total amount of tax refunded to him in respect of all the taxable periods referred to in clause (ii) were reduced by the total amount of tax which qualified for deduction under section 12 of the Act in respect of those taxable periods and which, in accordance with any order made under section 20 (3) of the Act, would fall to be refunded to him if he were not an accountable person.

4. (1) A person who, in accordance with section 7 (1) of the Act, desires to waive his right to have the rendering by him of the services specified in paragraph (iv) or (x) of the First Schedule to the Act regarded as exempted activities shall furnish the following particulars in writing to the Collector-General--

(a) his name and address ;

(b) whether he is registered for value-added tax and if so, his registration number ;

(c) the paragraph or paragraphs in the said First Schedule in which are specified the services in respect of which it is desired that the right to exemption should be ywaived ; and

(d) the taxable period as from the commencement of which he desires that the waiver should have effect.

(2) The Collector-General shall acknowledge receipt of the particulars referred to in the preceding paragraph and shall specify the taxable period, not being earlier than the taxable period referred to in subparagraph (d) of the said preceding paragraph, as from the commencement of which the waiver of exemption in respect of the services specified in the paragraph or paragraphs referred to in subparagraph (c) of the said preceding paragraph shall have effect ; and as from the commencement of the taxable period so specified and until the date upon which the person permanently ceases to deliver taxable goods or to render taxable services (including services to which the waiver of exemption applies), in the course of business, or until his waiver is cancelled in accordance with paragraph (3), the provisions of the Act shall apply to him as if the services specified in the paragraph or paragraphs referred to in paragraph (1) (c) were not specified in the said First Schedule.

(3) A person who, in accordance with paragraph (1), waives his right to exemption in respect of the services specified in paragraph (iv) or (x) of the First Schedule to the Act shall be entitled to have such waiver cancelled and to be treated, as from the date specified in paragraph (4), as a person who had not so waived his right to exemption, provided he fulfils all of the following conditions :--

(a) he shall notify the Collector-General in writing of the paragraph or paragraphs of the First Schedule to the Act in which are specified the services in respect of which it is desired that the waiver of his right to exemption should be cancelled ;

(b) he shall furnish particulars of--

(i) the tax, or, in case he is accountable for tax on the delivery of goods or the rendering of services other than those specified in the paragraphs referred to in the notification aforesaid, the additional tax paid by him in accordance with section 19 (3) of the Act in respect of the services so specified for all of the taxable periods comprised in the period commencing with the beginning of the first taxable period for which his waiver had effect and ending with the termination of the taxable period immediately preceding that during which he notifies the Collector-General that he desires to have his waiver cancelled, and

(ii) the total amount of tax refunded to him in accordance with section 20 (1) of the Act in respect of all of the taxable periods comprised in the period referred to in clause (i), or in case such total amount is referable partly to services specified in the paragraphs referred to in the notification aforesaid and partly to the delivery of goods or the rendering of other services, the amount included in such total amount which is referable to the services so specified ;

(c) he shall pay to the Collector-General an amount equal to the excess (if any) of the total amount or of the amount referred to in subparagraph (b) (ii), as the case may be, over the total amount of tax or of the additional tax, as may be appropriate, referred to in subparagraph (b) (i).

(4) If the conditions specified in the preceding paragraph are fulfilled to the satisfaction of the Collector-General, he shall so notify the person concerned in writing and, on receipt by the person of such notice, his waiver shall be cancelled with effect as on and from the end of the taxable period during which he is so notified ; and as on and from the end of such taxable period the person shall be treated as a person who had not waived his right to exemption in respect of the services specified in the paragraph or paragraphs referred to in the notification given by the person pursuant to paragraph (3) (a).

(5) A person who notifies the Collector-General during any taxable period (in this paragraph referred to as the final taxable period) of his desire to have his waiver of exemption cancelled shall not be entitled, under section 20 (1) of the Act, to any refund of tax, other than a refund referable solely to some error or mistake made by him, in excess of whichever of the following amounts is appropriate :

(a) in a case in which there is an excess of the amount referred to in paragraph (3) (b) (i) over the amount referred to in paragraph (3) (b) (ii), an amount for the final taxable period and for any subsequent taxable period consisting of such excess, increased by the amounts paid under section 19 (3) of the Act for the final taxable period and any subsequent taxable periods up to and including the taxable period to which the claim relates and reduced by the total of the refunds under section 20 (1) of the Act previously made for any of those taxable periods, and

(b) in any other case, an amount for the final taxable period or for any subsequent taxable period consisting of the excess of the total of the amounts paid under section 19 (3) of the Act for the final and all subsequent taxable periods up to and including the taxable period to which the claim relates, reduced by the total of the refunds under section 20 (1) of the Act previously made in respect of any of those taxable periods.

(6) Where the period referred to in paragraph (3) (b) (i) exceeds ten years, reference therein to the first taxable period for which his waiver had effect shall be construed as a reference to the taxable period the beginning of which is ten years earlier than the date of commencement of the taxable period during which he notifies the Collector-General that he desires to have his waiver cancelled.

5. (1) If two or more accountable persons desire that all the business activities carried on by each of them shall, in accordance with section 8 (9) of the Act, be deemed, for the purposes of the Act, to be carried on by any one of those persons, each of them shall furnish the following particulars in writing to the Revenue Commissioners :--

(a) his name, address and registration number ;

(b) the nature of the business activities carried on by him ;

(c) in case the person desires that all the business activities carried on by him should be deemed to be carried on by another person, the name, address and registration number of that other person ;

(d) in case the person desires that all the business activities carried on by another person or two or more other persons should be deemed to be carried on by the first-mentioned person, the name, address and registration number of that other person or of each of those other persons ; and

(e) such other information about the business activities of the person or about the business or financial relationship between him and each of the other persons carrying on the business activities aforesaid as the Revenue Commissioners may, by notice in writing, require.

(2) The Revenue Commissioners shall, in their absolute discretion, determine--

(a) whether all the business activities carried on by two or more persons who have furnished the particulars specified in paragraph (1) shall be deemed to be carried on by any one of those persons ;

(b) in case all the business activities referred to in subparagraph (a) are deemed to be carried on by any one of the persons referred to in the said subparagraph (a) :--

(i) the person by whom the said activities are deemed to be carried on ;

(ii) the person or each of the persons all of whose business activities are deemed to be carried on by the person referred to in clause (i) ;

(c) the date, not being earlier than the commencement of the taxable period during which the particulars referred to in paragraph (1) are furnished, as from which all of the business activities of the person or persons concerned are deemed to be carried on by one of them,

and shall notify each of the persons concerned in writing of the matters so determined.

(3) Upon the issue of a notification to a person in accordance with paragraph (2) of a determination that all the business activities referred to in the determination are deemed to be carried on by one person, the following provisions shall apply from the date specified in the notification pursuant to paragraph (2) (c) until the notification is cancelled in accordance with paragraph (5) :

(a) in case the person to whom the notification is issued is the person by whom all the business activities referred to in the notification are deemed to be carried on, the provisions of the Act shall, subject to paragraph (4), apply to the person as if all transactions by or between himself and the other person or persons carrying on the said business activities were transactions by himself, and all other rights and obligations under the Act shall be determined accordingly,

(b) in case the person to whom the notification is issued is not the person by whom all the business activities referred to in the notification are deemed to be carried on, the provisions of the Act shall, subject to paragraph (4), apply to him as if all transactions by or between himself and the person by whom the said business activities are deemed to be carried on (in this subparagraph referred to as the last-mentioned person) were transactions by the last-mentioned person, but the person shall be jointly liable with the last-mentioned person and any other person specified in the notification to comply with all the provisions of the Act and regulations (including the provisions requiring payment of tax) that apply to him and the last-mentioned person and any other person so specified and shall be subject to the penalties under the Act to which he and the last-mentioned person and any other person so specified would be liable if they were liable to pay to the Revenue Commissioners the whole of the tax chargeable, apart from this Regulation, in respect of himself and the last-mentioned person and any other person so specified.

(4) Notwithstanding anything in paragraph (3), each of the persons all of whose business activities are during any period deemed, in accordance with this Regulation, to be carried on by one of them shall be deemed to be a registered person during the whole of that period, and the provisions of section 17 of the Act shall apply to each of those persons as if a notification under paragraph (3) had not been issued.

(5) The Revenue Commissioners may, in their absolute discretion, by notice in writing addressed to each of a group of persons all of whose business activities are, by virtue of a notification issued in accordance with paragraph (2), deemed to be carried on by one of those persons, and as on and from the date specified in the notice (which shall not be earlier than the date of the notice) cancel the notification under the said paragraph (2) ; and as on and from the date specified in the said notice the provisions of the Act and regulations shall apply to all the persons aforesaid as if a notification under the said paragraph (2) had not been issued, but without prejudice to the liability of any of the persons for tax or penalties in respect of anything done or not done during the period for which the said notification was in force.

6. (1) The particulars for the purposes of registration to be furnished by an accountable person or by a person who in accordance with section 8 (3) of the Act desires to elect to be an accountable person shall be :

(a) the full name of the person by whom the relevant business is carried on ;

(b) the name under which such business is carried on and the address at which it is carried on ;

(c) in the case of a body of persons--

(i) the address of its registered office or of its chief office in the State, and

(ii) the name of its secretary ;

(d) in the case of a person not established or residing within the State, the name and address of an agent of his so established or residing ;

(e) the date to which the annual accounts of such business are customarily made up ;

(f) the estimated percentage of turnover which is likely to be derived from delivering goods or rendering services to unregistered persons ;

(g) a precise description the business carried on ; and

(h) whether such business includes the manufacture of any of the goods specified in the Fourth Schedule to the Act, and if so, particulars of the kind or kinds of such goods manufactured.

(2) Where a change occurs in any of the particulars furnished in accordance with paragraph (1), the registered person, or, if he is dead, his personal representative, shall, within thirty days immediately following the date of the change, furnish to the Revenue Commissioners particulars of the change.

(3) The Revenue Commissioners may by notice in writing cancel the registration of a person who does not become or who ceases to be an accountable person, and such cancellation shall have effect as on and from the date of the notice or as on and from such later date as may be specified in the notice.

7. (1) A person who desires that, in accordance with section 14 (1) (a) of the Act, the moneys which he receives in respect of the delivery of taxable goods or the rendering of taxable services should be treated, for the purposes of section 10 (1) of the Act, as the consideration for such delivery or rendering shall give notice in writing to the Revenue Commissioners of his desire that the moneys should be so treated and shall at the same time, unless he has already done so, furnish the following particulars to the Revenue Commissioners--

(a) the nature of the business activities carried on by him ;

(b) the percentage of his taxable turnover, if any, which related to the delivery of taxable goods and the rendering of taxable services to unregistered persons--

(i) in the period of 12 months ending on the last day of the taxable period prior to the giving of the notice,

(ii) in the period from the 1st November, 1972, to the last day of the taxable period referred to in clause (i), or

(iii) in the period from the commencement of his business activities to the last day of the taxable period referred to in clause (i),

whichever period is the shortest ;

(c) his estimate of the percentage of his taxable turnover which will relate to the delivery of taxable goods and the rendering of taxable services to unregistered persons in the period of 12 months commencing with the beginning of the taxable period during which the notice is given.

(2) (a) The Revenue Commissioners shall, if satisfied that not less than 90 per cent. of the taxable turnover of the person is likely to be derived from the delivery of taxable goods or the rendering of taxable services to unregistered persons, by notice in writing, authorise the person, for the purpose of section 10 (1) of the Act, to treat the moneys which he receives from the delivery of taxable goods or the rendering of taxable services as the consideration for such delivery or rendering.

(b) An authorisation given under subparagraph (a) shall have effect while the person is an accountable person from the commencement of the taxable period during which it is given until the commencement of the taxable period during which it is cancelled in accordance with paragraph (7).

(3) (a) A person who desires that, in accordance with section 14 (1) (b) of the Act, the moneys which he has received in respect of the rendering of taxable services should be treated, for the purposes of section 10 (1) of the Act, as the consideration for such rendering shall give notice in writing to the Revenue Commissioners of his desire that the moneys should be so treated, and the Revenue Commissioners shall, by notice in writing given to the person authorise the moneys to be treated accordingly.

(b) An authorisation given in accordance with subparagraph (a) shall have effect while the person is an accountable person from the commencement of the taxable period during which it is given until the commencement of the taxable period during which it is cancelled in accordance with paragraph (7).

(4) Where a person who for any period is authorised in accordance with paragraph (2) to treat the moneys which he has received from the delivery of taxable goods or the rendering of taxable services as the consideration for such delivery or rendering ceases to be so authorised or ceases to be an accountable person, the tax payable by him for the taxable period during which any such cesser occurs shall be adjusted as follows :--

(a) the excess, if any, of the total amount due to him at the commencement of the first-mentioned period for goods delivered and services rendered by him over the total amount due to him at the end of that period for goods delivered and services rendered by him shall be apportioned between amounts on which tax is not chargeable and amounts on which tax is chargeable at each of the various rates specified in section 11 of the Act in the same proportions as the amounts of consideration which were not chargeable to tax and which were chargeable to tax at each of those rates of tax bear to each other in the period consisting of six consecutive taxable periods (or the total number of taxable periods for which he was authorised as aforesaid, if less than six) next before the taxable period in which the cesser occurs,

(b) the portions of the excess referred to in subparagraph (a) on which tax is chargeable at the various rates, as ascertained by apportionment in accordance with that subparagraph, shall be treated as consideration in respect of which tax at the said rates became due under section 2 (1) (a) of the Act by him during the taxable period during which the cesser occurs.

(5) Where a person who for any period is authorised in accordance with paragraph (3) to treat the moneys which he has received for the rendering of taxable services as the consideration for such rendering ceases to be so authorised or ceases to be an accountable person, the tax payable by him for the taxable period during which any such cesser occurs shall be adjusted as follows--

(a) the excess, if any, of the total amount due to him at the commencement of the first-mentioned period for services rendered by him over the total amount due to him at the end of the period referred to in subparagraph (a) for services rendered by him shall be apportioned between amounts on which tax is chargeable at each of the various rates specified in section 11 of the Act and other amounts in the same proportions as the consideration in respect of the rendering of services which was chargeable to tax at the various rates so specified and other consideration in respect of the rendering of services bear to each other in the period consisting of six consecutive taxable periods (or the total number of taxable periods for which he was authorised as aforesaid, if less than six) next before the taxable period in which the cesser occurs,

(b) the portions of the excess referred to in paragraph (a), which are referable to the rendering of services chargeable at the various rates, as ascertained by apportionment in accordance with that subparagraph, shall be treated as consideration in respect of which tax at the said rates became due under section 2 (1) (a) of the Act by him during the taxable period during which the cesser occurs.

(6) An authorisation under this Regulation shall not affect--

(a) the amount on which tax is chargeable in any of the circumstances referred to in subsections (2) to (6) of section 10 of the Act,

(b) the inclusion, in accordance with subsection (8) (a) of the said section 10, in the amount on which tax is chargeable, of the value of any interest in immovable goods disposed of in connection with the delivery thereof, or

(c) the percentage of total consideration which is chargeable with tax in accordance with subsection (7) or paragraphs (b) and (c) of subsection (8) of the said section 10.

(7) (a) The Revenue Commissioners shall withdraw an authorisation given in accordance with paragraph (2) or (3)--

(i) if the person to whom it was given requests its withdrawal by notice in writing given to the Revenue Commissioners, or

(ii) if, in the case of a person authorised in accordance with paragraph (2), they cease to be satisfied that, taking one taxable period with another, the person derives not less than 90 per cent. of his taxable turnover from the delivery of taxable goods to unregistered persons or the rendering of taxable services to such persons.

(b) An authorisation under this Regulation may be withdrawn by notice in writing given by the Revenue Commissioners to the person who was the subject of the authorisation, and such withdrawal shall have effect for the purposes of section 14 of the Act from the commencement of the taxable period during which notice of such withdrawal was given or from the commencement of such later taxable period as may be specified in the notice.

(8) No adjustment of liability as provided for in paragraph (4) or (5) shall be made if the cesser of authorisation as aforesaid was occasioned by the death of the accountable person, or if the period immediately preceding the date of the cesser during which he was authorised in accordance with the relevant paragraph exceeded six years.

8. (1) Where, in a case in which section 10 (3) (c) of the Act applies and section 17 (9) of the Act does not apply, by reason of the return of goods, the allowance of discount, a reduction in price or the default of a debtor, the consideration exclusive of tax actually received by an accountable person in respect of the delivery by him of any goods or the rendering by him of any services is less than the amount on which tax has become chargeable in respect of such delivery or rendering, or no consideration is actually received, the following provisions shall apply :

(a) the amount of the deficiency in respect of any delivery or rendering shall be ascertained by deducting from the amount of consideration actually chargeable with tax, the amount exclusive of tax, or where a percentage only of the consideration is actually chargeable with tax, a corresponding percentage of the amount actually received, in respect of such delivery or rendering,

(b) the sum of the deficiencies, ascertained in accordance with subparagraph (a), incurred in each taxable period and relating to consideration chargeable at each of the various rates of tax specified in section 11 of the Act, shall be deducted from the amounts ascertained in accordance with section 10 of the Act which would otherwise be chargeable with tax at each of those rates and the net amounts as so ascertained shall be the amounts on which tax is chargeable for that taxable period :

Provided that if the sum of the deficiencies as ascertained in accordance with subparagraph (b) in relation to tax chargeable at any of the rates so specified exceeds the amount on which but for this Regulation tax would be chargeable at that rate, or no tax is chargeable at that rate, the tax appropriate to the excess or to the deficiency, as the case may be, shall be treated as tax deductible in accordance with section 12 of the Act,

(c) the accountable person to whom a credit note is, in accordance with section 17 of the Act, issued by another accountable person in respect of an adjustment under this Regulation shall reduce the amount which would otherwise be deductible under section 12 of the Act for the taxable period during which the credit note is issued (in this Regulation referred to as the tax deduction) by the amount of tax shown thereon or by the amount of tax appropriate to the amount of the reduction of consideration shown thereon whichever is the greater (in this subparagraph referred to as the appropriate tax reduction) and if the appropriate tax reduction exceeds the tax deduction the excess shall be carried forward and deducted from the tax deduction for the next taxable period and so on until the appropriate tax reduction is exhausted.

(2) Where, in accordance with section 17 (4) (b) of the Act, the consideration stated on an invoice issued in accordance with section 13 (1) of the Act is reduced, the provisions of paragraph (1) (c) shall apply as if--

(a) a credit note in accordance with section 17 had been issued to the accountable person by another accountable person on the date on which the consideration stated on the invoice was reduced, and

(b) the appropriate tax reduction were an amount equal to 1 per cent. of the difference between the consideration, inclusive of tax, before and after the reduction was made.

9. (1) Every accountable person shall keep full and true accounts entered up to date of--

(a) in relation to consideration receivable from registered persons, the amount receivable from each such person in respect of each transaetion for which an invoice is required to be issued under section 17 of the Act together with a cross-reference to the copy of the relevant invoice,

(b) in relation to consideration receivable from unregistered persons, a daily total of the consideration receivable from all such persons together with a cross-reference to the relevant counter books, copies of sales dockets, cash register tally rolls or other documents which are in use for the purposes of the business,

(c) in relation to goods, being goods developed, constructed, manufactured, produced, extracted or imported by the accountable person (or by another person on his behalf) and used by him for the purposes of his business, other than as stock-in-trade (within the meaning of section 34 of the Act), a description of the goods in question and the cost, excluding tax, to the accountable person of acquiring or producing them,

(d) in relation to goods, being goods which were delivered to the accountable person or which were developed, constructed, manufactured, produced, extracted or imported by him in the course of business, and which were appropriated by him for any purpose other than the purpose of his business, a description of the goods in question and the cost, excluding tax, to the accountable person, of acquiring or producing them,

(e) in relation to discount allowed or price reductions made to a registered person subsequent to the issue of an invoice to such person, the amount credited to such person and, except in a case in which section 17 (9) of the Act applies, a cross-reference to the corresponding credit note,

(f) in relation to discounts allowed or price reductions made to unregistered persons, a daily total of the amount so allowed together with a cross-reference to the goods returned book, cash book or other record used in connection with the matter,

(g) in relation to bad debts written off, particulars of the name and address of the debtor, the nature of the goods or services to which the debt relates and the date or dates upon which the debt was incurred,

(h) in relation to goods and services supplied to the accountable person by another accountable person, the amount of the consideration, the corresponding tax invoiced by the other accountable person and a cross-reference to the corresponding invoice,

(i) in relation to goods and services supplied by unregistered persons, other than goods and services in respect of which unregistered persons are required, in accordance with section 13 (1) of the Act to issue invoices, a daily total of the consideration payable to such persons and a cross-reference to the purchases book, cash book, purchases dockets or other records which are in use in connection with the business,

(j) in relation to goods and services supplied by unregistered persons but in respect of which such persons are required, in accordance with section 13 (1) of the Act to issue invoices, the amount of the consideration invoiced by each such person and a cross-reference to the corresponding invoice,)

(k) in relation to discounts or price reductions received from registered persons, subsequent to the receipt of invoices from such persons, except in a case in which section 17 (9) of the Act applies, the amount of the discount or price reduction received from each such person and a cross-reference to the corresponding credit note,)

(l) in relation to discounts or price reductions in relation to goods and services referred to in subparagraph (j), the amount of the discount or price reductions and a cross-reference to the invoice issued in connection with the goods and services in question,

(m) in relation to discounts or price reductions received other than those referred to in subparagraphs (k) and (l), a daily total of the amounts so received and a cross-reference to the cash book or other record used in connection with such matters,

(n) in relation to dances--

(i) the date upon which each dance was held and the address of the place at which it was held,

(ii) the charge for admission to each dance,

(iii) the number of persons admitted to each dance,

(iv) the total amount of money received or receivable from the persons admitted to each dance in respect of admission, and

(v) where goods are delivered or services are rendered, or both goods are delivered and services are rendered, in connectoin with a dance and payment of the consideration therefor is a condition of admission to the dance, the amount of such consideration in respect of each dance, and

(o) in relation to importations, a description of the goods imported together with particulars of the value thereof, the amount of tax, if any, paid on importation and a cross-reference to the invoices and customs documents used in connection with the importation.

(2) The accounts kept in accordance with paragraph (1) shall set out separately, the consideration, discounts, price reductions, bad debts and values at importation under separate headings in relation to--

(a) exempted activities,

(b) goods and services chargeable at each rate of tax, including the zero rate, and

(c) goods and services a percentage only of the consideration for the delivery or rendering of which is chargeable to tax.

(3) (a) In relation to a person for the time being authorised, in accordance with section 14 (1) (a) of the Act, to treat the moneys which he has received in respect of the delivery of taxable goods or the rendering of taxable services as the consideration in respect of such delivery or rendering, references in this Regulation to consideration in respect of the delivery of goods or the rendering of services shall be construed as references to the moneys received in respect of such delivery or rendering.

(b) In relation to a person for the time being authorised, in accordance with section 14 (1) (b) of the Act, to treat the moneys which he has received for the rendering of taxable services as the consideration in respect of such rendering, references in this Regulation to consideration in respect of the rendering of services shall be construed as references to the moneys received in respect of such rendering.

(4) Where the Revenue Commissioners are satisfied that the accounts of an accountable person are kept in such a form as to enable his liability to tax to be computed accurately and verified by them, they may, by notice in writing given to the accountable person, dispense him from keeping accounts in the form prescribed by paragraphs (1) and (2), and any such dispensation may be cancelled by them by notice in writing given to the accountable person.

10. (1) (a) Every invoice issued by an accountable person in accordance with section 17 (1) of the Act shall set out the following particulars

(i) the name, address and registration number of the person who delivered the goods or rendered the services to which the invoice relates,

(ii) the name and address of the person to whom the goods have been delivered or the services rendered,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were delivered or rendered,

(v) a description of the goods delivered or of the services rendered,

(vi) the quantity or volume of the goods delivered,

(vii) the consideration, exclusive of tax, for the delivery or rendering,

(viii) the rate or rates of tax and amount of tax at each rate chargeable to the person who has delivered the goods or rendered the services in respect of the delivery or rendering.

(b) Every invoice issued by an unregistered person in accordance with section 17 (2) of the Act shall set out the following particulars :

(i) the name and address of the person who delivered the goods or rendered the services to which the invoice relates,

(ii) the name, address and registration number of the person to whom the goods were delivered or the services rendered,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were delivered or rendered,

(v) a description of the goods delivered or of the services rendered,

(vi) the quantity or volume of goods delivered,

(vii) the consideration, inclusive of tax, for the delivery or rendering, and

(viii) the signature or acknowledgement of the person by whom the invoice is issued.

(c) Every invoice issued by an accountable person in accordance with section 17 (3) of the Act shall set out the following particulars :

(i) the name, address and registration number of the person who delivered the goods or rendered the services to which the invoice relates,

(ii) the name and address of the person to whom the goods were delivered or the services rendered,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were delivered or rendered,

(v) a description of the goods delivered or of the services rendered,

(vi) the quantity or volume of the goods delivered,

(vii) the amount, exclusive of tax, of the increase in consideration for the delivery or rendering,

(viii) the rate or rates of tax and amount of tax at each rate referable to the increase in consideration chargeable to the person who has delivered the goods or rendered the services in respect of the delivery or rendering, and

(ix) a cross-reference to every other invoice issued by the accountable person in respect of the total consideration for the delivery or rendering.

(d) Every invoice issued by an unregistered person in accordance with section 17 (4) of the Act shall set out the following particulars :

(i) the name and address of the person who delivered the goods or rendered the services to which the invoice relates,

(ii) the name, address and registration number of the person to whom the goods were delivered or the services rendered,

(iii) the date upon which the invoice is issued,

(iv) the date upon which the goods or services to which the invoice relates were delivered or rendered,

(v) a description of the goods delivered or of the services rendered,

(vi) the quantity or volume of goods delivered,

(vii) the amount, inclusive of tax, of the increase in consideration for the delivery or rendering,

(viii) the signature or acknowledgement of the person by whom the invoice is issued, and

(ix) a cross-reference to every other invoice issued by the unregistered person in respect of the total consideration for the delivery or rendering.

(e) Every credit note issued by an accountable person in accordance with section 17 (3) of the Act shall set out the following particulars :

(i) the name, address and registration number of the person issuing the credit note,

(ii) the name and address of the person to whom the credit note is being issued,

(iii) the date upon which the credit note is issued,

(iv) the reason why the credit note is being issued and a cross-reference to the corresponding invoice,

(v) the amount of the consideration, exclusive of tax, in respect of which the credit note is being issued, and

(vi) the rate or rates of tax and amount of tax at each rate appropriate to the consideration for which credit is being given.

(f) Every settlement voucher issued in accordance with section 17 (10) of the Act in respect of goods delivered or services rendered to a registered person by another registered person shall set out the following particulars :

(i) the name, address and registration number of the registered person who delivered the goods or rendered the services to which the settlement voucher relates,

(ii) the name, address and registration number of the person to whom the goods were delivered or the services rendered,

(iii) the date upon which the settlement voucher is issued,

(iv) the date upon which the goods or services to which the settlement voucher relates were delivered or rendered,

(v) a description of the goods delivered or of the services rendered,

(vi) the quantity or volume of goods delivered,

(vii) the consideration, exclusive of tax, for the delivery or rendering, and

(viii) the rate or rates of tax and amount of tax at each rate chargeable to the person who delivered the goods or rendered the services in respect of the delivery or rendering.

(g) Every settlement voucher issued in accordance with section 17 (10) in respect of goods or services of a kind specified in section 13 (2) delivered or rendered to a registered person by a person who is not a registered person but who is required under section 13 (1) to issue an invoice to a registered person shall set out the following particulars :

(i) the name and address of the person who delivered the goods or rendered the services to which the settlement voucher relates,

(ii) the name, address and registration number of the person to whom the goods have been delivered or the services rendered,

(iii) the date upon which the settlement voucher is issued,

(iv) the date upon which the goods or services to which the settlement voucher relates were delivered or rendered,

(v) a description of the goods delivered or of the services rendered,

(vi) the quantity or volume of goods delivered, and

(vii) the consideration, inclusive of tax, for the delivery or rendering.

(h) Every debit note issued in accordance with section 17 (11) of the Act shall set out the following particulars :

(i) the name, address and registration number of the person issuing the debit note,

(ii) the name, address and registration number of the person to whom the debit note is being issued,

(iii) the date upon which the debit note is issued,

(iv) the reason why the debit note is being issued and a cross-reference to the corresponding invoice,

(v) the amount of the consideration, exclusive of tax, in respect of which the debit note is being issued, and

(vi) the rate or rates of tax and amount of tax at each rate appropriate to the consideration shown on the debit note.

(2) Any person issuing in accordance with section 17 of the Act an invoice, credit note, settlement voucher or debit note shall keep an exact copy thereof and references in these Regulations to any such document include references to a copy thereof.

(3) An invoice, credit note, settlement voucher or debit note issued in accordance with section 17 of the Act shall show separate totals for consideration, discounts and price reductions, as appropriate, and the corresponding tax, if any, in relation to--

(a) exempted activities,

(b) goods and services chargeable at each rate of tax including the zero rate, and

(c) goods and services a part only of the consideration for the delivery or rendering of which is chargeable to tax.

11. (1) An invoice required, in accordance with section 17 (1) of the Act, to be issued by one accountable person to another accountable person in respect of the delivery of any goods or the rendering of any services shall be issued by the first-mentioned accountable person to the second-mentioned accountable person within ten days next following the month during which the said goods were delivered or the said services were rendered.

(2) An invoice required, in accordance with section 13 (1) of the Act, to be issued by a person to an accountable person in respect of the delivery of goods or the rendering of services shall be issued by the person to the accountable person immediately the conditions specified in section 17 (2) of the Act have been fulfilled.

(3) An invoice required, in accordance with section 17 (3) (a) of the Act, to be issued by one accountable person to another accountable person in respect of an increase in the consideration shown on an invoice previously issued by the first-mentioned accountable person, shall be issued by such first-mentioned accountable person to the second-mentioned accountable person within ten days next following the day upon which the increased consideration is paid or the increase in consideration is agreed between the parties, whichever day is the earlier.

(4) An invoice required, in accordance with section 17 (4) (a) of the Act, to be issued by a person to an accountable person in respect of an increase in the consideration shown on an invoice previously issued by the person, shall be issued by the person to the accountable person immediately the conditions specified in section 17 (2) of the Act have been fulfilled.

(5) A credit note required, in accordance with section 17 (3) (b) of the Act, to be issued by one accountable person to another accountable person in respect of a reduction in the consideration shown on an invoice previously issued by the first-mentioned accountable person, shall be issued by such first-mentioned accountable person to the second-mentioned accountable person--

(a) in the case of a decrease occasioned by the allowance of a discount, within ten days of the date of receipt of the money to which the discount relates, and

(b) in any other case, within ten days next following the day on which the decrease in consideration is agreed between the parties.

(6) An invoice required, pursuant to subsection (8) of section 17 of the Act, to be issued in accordance with subsection (1) or (2) of that section in respect of a payment for a delivery of goods or rendering of services before the delivery or rendering is completed--

(a) shall, if it is to be issued in accordance with the said subsection (1), be issued by the first-mentioned person to the second-mentioned person within ten days next following the month during which the said payment was received, and

(b) shall, if it is to be issued in accordance with the said subsection (2), be issued immediately the conditions specified in the said subsection (2) are fulfilled.

12. (1) The return which an accountable person is required in accordance with section 19 (3) of the Act to furnish to the Collector-General shall contain such of the following particulars as are relevant to his circumstances--

(a) the name, address and registration number of the person,

(b) the taxable period to which the return relates,

(c) particulars of tax claimed as deductible under section 12 (1) of the Act in respect of the taxable period to which the return relates, separate totals of tax being given at each of the rates of tax, including the zero rate, specified in section 11 (1) of the Act, and separate totals of the consideration corresponding to the tax at each rate being given for goods which are for resale and for other goods and services,

(d) particulars of importations in respect of which tax was not paid on importation, and of the consideration paid for goods and services in respect of which a right to a deduction of tax under section 12 (1) of the Act does not arise, separate totals being given for goods which are for resale under the appropriate rates and for other goods and services,

(e) particulars of consideration on which tax is chargeable in respect of goods delivered or services rendered by the person during the taxable period to which the return relates and of the tax chargeable thereon, separate totals of the consideration being given, at each of the rates of tax, including the zero rate, specified in section 11 (1) of the Act, for--

(i) deliveries of trading stock,

(ii) deliveries referred to in section 3 (1) (f) of the Act, and

(iii) other deliveries and rendering of services,

separate totals of the consideration and the tax chargeable thereon being given for each of the said rates of tax.

(f) particulars of consideration on which tax is not chargeable in respect of goods delivered or services rendered during the taxable period to which the return relates,

and, in addition--

(g) in the case of dances--

(i) the date upon which each dance promoted by the person during the taxable period was held, and the address of the place at which it was held, and

(ii) the total number of persons admitted to dances promoted by the person during the taxable period.

(2) An accountable person shall, when required to do so by notice in writing served on him by the Revenue Commissioners, furnish to the Revenue Commissioners such particulars concerning any period not exceeding one year as may be specified in the notice for the purpose of enabling them to review an apportionment between tax which may be deducted under section 12 of the Act and tax which may not be deducted under that section.

13. (1) The Revenue Commissioners may, if they so think proper and until they otherwise decide, accept estimates, based on procedures approved by them, of the tax for any taxable period which a person is required to pay by reference to a return furnished in accordance with section 19 (3) of the Act, and may impose upon any such acceptance the condition (which shall be fulfilled by the person) that the person shall, within such period as may be specified, furnish a return in accordance with the said section 19 (3) or furnish such further particulars as may be specified to enable the estimates to be reviewed.

(2) Where an estimate of the tax payable for any taxable period has been accepted in accordance with paragraph (1), the estimate may be reviewed by reference to the return or other particulars furnished in accordance with the arrangement and any necessary adjustment may be made by way of additional charge of tax or repayment of tax as the circumstances may require.

(3) If a person in respect of whom an estimate of the tax payable by him has been accepted for any taxable period fails to furnish the return or other particulars the furnishing of which is a condition of acceptance of the estimate in accordance with paragraph (1), or fails to pay any additional tax found to be payable as a result of a review of an estimate for any taxable period made in accordance with paragraph (2), any additional tax which the Revenue Commissioners have reason to believe may be due may be included in an estimate of tax made in accordance with section 23 of the Act.

(4) The provisions of section 21 of the Act shall not apply to any additional charge of tax arising out of a review made in accordance with paragraph (2) provided the return or other particulars are furnished within the time specified in the condition governing the acceptance of the estimate and payment of the additional tax is made not later than the end of the time so specified.

(5) A review in accordance with paragraph (2) may extend to a period consisting of two or more consecutive taxable periods and any additional tax or repayment of tax arising out of such review shall be regarded as referable to the latest taxable period in such period.

14. (1) An estimation of tax due for a taxable period or other period consisting of two or more taxable periods may be made for the purposes of section 22 or 23 of the Act by an officer of the Revenue Commissioners authorised by them in that behalf who shall sign a list containing the relevant particulars of the persons to whom the estimates relate and enter on the list the date of such signing and the list shall be retained by the Revenue Commissioners for a period of not less than ten years from the date of such signing.

(2) The relevant particulars are--

(a) in relation to estimates under section 22 of the Act--

(i) the name, address and registration number of each person in respect of whom an estimate or two or more estimates is or are made,

(ii) the taxable period to which each estimate relates, and

(iii) the amount of tax estimated to be payble in respect of each taxable period referred to in clause (ii),

and

(b) in relation to estimates under section 23 of the Act--

(i) the name, address and registration number of each person in respect of whom an estimate or two or more estimates is or are made,

(ii) the period consisting of one taxable period or two or more consecutive taxable periods to which each estimate relates, and

(iii) the total amount of tax which it is estimated should have been paid in respect of the taxable period or periods comprised in each period referred to in clause (ii).

15. (1) Section 480 of the Income Tax Act, 1967 (No. 6 of 1967), as applied by section 24 of the Act shall so apply subject to the following modifications :

(a) in subsection (1)--

(i) the expression " the sum charged " shall be construed as referring to value-added tax payable by the person concerned,

(ii) the expression " the Collector " shall be construed as referring to the Collector-General,

(iii) the words " in accordance with the assessments and warrants delivered to him " shall be disregarded,

(iv) the words " the warrant delivered to him on his appointment " shall be construed as referring to the nomination given to the Collector-General on his being nominated by the Revenue Commissioners as the Collector-General,

(b) in subsection (4) the words " a distress levied by the Collector " shall be construed as referring to a distress levied by the Collector-General or by a person nominated by the Collector-General to represent him at the execution,

(c) in subsection (5) references to the Collector or his deputy shall be construed as references to the Collector-General or to a person nominated by him for the purpose of the subsection and the requirement of appraisal of the distress shall be disregarded.

(2) Section 485 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the following modifications in subsection (1) :

(a) the words " any sum which may be levied on him in respect of income tax " shall be construed as referring to value-added tax payable by the person concerned,

(b) the expression " the Collector " shall be construed as referring to the Collector-General.

(3) Section 486 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the following modifications :

(a) the words " income tax or sur-tax" in subsection (1) shall be construed as referring to value-added tax,

(b) the expression " the Collector or other officer of the Revenue Commissioners, duly authorised to collect the said tax " in subsections (1) and (2) and " the Collector or other officer under this section " in subsection (3) shall each be construed as referring to the Collector-General.

(4) Section 487 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the modification that the references to income tax shall be construed as references to value-added tax.

(5) Section 488 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the following modifications :

(a) the references in subsections (1) and(5) to income tax or sur-tax shall be construed as references to value-added tax,

(b) in subsection (5) the references to an inspector and to the Collector shall each be construed as a reference to the Collector-General and the words " under an assessment which has become final and conclusive " shall be disregarded.

(6) Section 491 of the Income Tax Act, 1967 , as applied by section 24 of the Act shall so apply subject to the modification that the expression " income tax or sur-tax " shall be construed as referring to value-added tax.

16. (1) Where, in relation to the computation of the tax payable by an accountable person in respect of any taxable period, it is necessary to apportion an amount of tax between tax which may be deducted under section 12 (1) of the Act and tax which may not be deducted under that section, the apportionment shall be made on the basis of the ratio which the amount of the taxable turnover in the taxable period in question bears to the total turnover in that period, and the amount so ascertained which is referable to the amount of the taxable turnover shall be the amount deductible under the said section 12 (1).

(2) Notwithstanding anything in paragraph (1), an apportionment of an amount of tax between tax which may be deducted under the said section 12 and tax which may not be deducted under that section may be made upon any basis, other than that referred to in paragraph (1), which may be agreed between the accountable person and the Revenue Commissioners.

(3) An apportionment of tax made in accordance with paragraph (1) or (2) may be reviewed by reference to the ratio which the total amount of the taxable turnover in the year in which the taxable period in question occurs bears to the total turnover in that year and any necessary adjustment may be made by way of additional charge of tax or repayment of tax as the circumstances may require.

(4) The year referred to in paragraph (3) is a period of twelve months beginning on the 1st day of January in any year, but if the accountable person customarily makes up accounts for periods of twelve months ending on a fixed date, the year referred to is a period of twelve months ending--

(a) in case the fixed date coincides with the end of a taxable period, on the fixed date, and

(b) in any other case, on the last day of the taxable period during which the fixed date occurs.

(5) The provisions of section 21 of the Act shall not apply to an additional charge of tax referable to a review under this Regulation unless the additional charge is the subject of an estimation of tax under section 22 or 23 of the Act.

17. A claim for a refund of tax shall be furnished in writing to the Revenue Commissioners and shall--

(a) set out the grounds on which the refund is claimed,

(b) contain a computation of the amount of the refund claimed, and

(c) if so required by the Revenue Commissioners, be vouched by the receipts for tax paid and such other documents as may be necessaey to prove the entitlement to a refund of the amount claimed.

18. The Revenue Commissioners may, at their discretion, remit the amount of tax, together with interest thereon, payable by a person in respect of goods delivered and services rendered by him during any taxable period, provided the total amount of the tax, exclusive of any interest chargeable thereon does not exceed £5.

19. (1) A dealer in livestock who undertakes in writing to fulfil the conditions set out in paragraph (3) may, by notice in writing addressed to the Revenue Commissioners, elect to be treated for the purposes of tax in relation to livestock delivered to him and livestock delivered by him in accordance with the special arrangements set out in paragraph (2), and if and so long as the election has effect he shall be so treated.

(2) The special arrangements referred to in paragraph (1) in relation to a dealer in livestock are as follows :

(a) he shall not be accountable for tax on deliveries of livestock and such deliveries shall be disregarded for the purposes of section 8 (3) of the Act,

(b) he shall not be entitled to any deduction under section 12 (1) of the Act in relation to livestock delivered to or imported by him,

(c) any deduction of tax under the said section 12 (1) to which he would be entitled in relation to activities other than the delivery of livestock shall be computed as if the delivery of livestock were an exempted activity,

(d) the provisions of section 13 (1) of the Act shall apply in regard to the delivery by him of livestock as if such delivery were made in the course of carrying on a separate business of farming in relation to which he was not an accountable person.

(3) The conditions which shall be fulfilled by a person who elects to be treated in accordance with the special arrangements set out in paragraph (2) in relation to livestock are as follows :

(a) he shall not issue an invoice or other document showing tax separately in respect of deliveries of livestock made by him,

(b) he shall, at the request of a person to whom he has delivered livestock, furnish to such person a seller's statement which shall contain--

(i) the name and address of the dealer who has delivered the livestock,

(ii) the name and address of the person to whom the livestock have been delivered,

(iii) the date upon which the seller's statement was issued,

(iv) the date upon which the livestock were delivered,

(v) the type and number of animals of each type which have been delivered,

(vi) the total consideration (inclusive of commission and tax) for animals of each type delivered, and

(vii) a statement that the delivery is made in accordance with the special arrangements for dealers in livestock,

(c) he shall keep any buyer's statement issued to him in accordance with paragraph (4) and an exact copy of any seller's statement issued by him in accordance with subparagraph (b) of this paragraph and shall also keep full and true records written up to date showing in relation to each delivery of livestock made to or by him--

(i) the date of each transaction,

(ii) the name and address of the person who delivered the livestock to him or to whom the livestock were delivered by him,

(iii) the type of animal and the number of animals of each type delivered to or by him, and

(iv) the total consideration (inclusive of commission and tax) for animals of each type delivered to or by him.

(4) The seller's statement referred to in paragraph (3) (b) need not be furnished by the person making a delivery of livestock if the person to whom the livestock are delivered gives to him a buyer's statement containing particulars corresponding to those specified for a seller's statement in the said paragraph (3) (b).

(5) An auctioneer (including a livestock mart) shall, for the purposes of this Regulation, be treated as a dealer in livestock in relation to livestock sold by him by auction.

(6) If a person who has elected in accordance with paragraph (1) for the application to him of the special arrangements set out in paragraph (2) fails to fulfil to the satisfaction of the Revenue Commissioners all the conditions specified in paragraph (3) they may, by notice in writing served on the person, cancel his election, and as on and from the date of the notice the election shall cease to have effect and the special arrangements set out in paragraph (2) shall cease to apply to him.

(7) The provisions of section 16 (3) of the Act shall apply to buyer's statements, copies of seller's statements and other records which a person is required to keep in accordance with paragraph (3) (c) as if he were an accountable person.

20. (1) Where--

(a) it is necessary to value an interest in immovable goods for the purposes of section 10 (8) of the Act,

(b) the disposal of such interest consists of or includes the creation of an interest,

(c) a rent is payable in respect of the interest so created, and

(d) the terms under which the interest is created do not provide for an increase in the rent to take effect earlier than the end of the fifth year after the interest was created,

the value of such rent to be included in the consideration for the purpose of ascertaining the open market price of the interest disposed of shall, in the absence of other evidence of the amount of that price, be--

(i) three-quarters of the annual amount of the rent multiplied by the number of complete years for which the rent has been created, or

(ii) the annual amount of the rent multiplied by the fraction of which the numerator is 100 and the denominator is the rate of interest (before deduction of income tax, if any) on the security of the Government which was issued last before the date of the creation of the rent (allowance having been made in calculating the interest for any profit or loss which will occur on the redemption of the security),

whichever is the lower.

(2) Where a person having an interest in immovable goods (in this paragraph referred to as the disponor) disposes as regards the whole or any part of those goods of an interest which derives from that interest in such circumstances that he retains the reversion on the interest disposed of (in this paragraph referred to as the reversionary interest), the following provisions shall apply :

(a) the value of the reversionary interest shall be ascertained by deducting the value of the interest disposed of from the value of the full interest which the disponor had in the goods or the part thereof disposed of at the time the disposition was made, and

(b) if, under the terms of the disposition, the reversionary interest could not, except through the default of the person in whose favour the disposition was made or a person deriving his title through him, revert to the disponor within a period of 20 years from the date of the disposition--

(i) the disponor shall be deemed to have disposed of his full interest in the goods or the part thereof disposed of, and

(ii) the value of the reversionary interest shall be disregarded.

21. (1) Every person who intends to promote a dance (other than a dance to which the number of persons to be admitted is limited to one hundred and the consideration for admission to which does not exceed twenty new pence), or a series of such dances, shall, not later than fourteen days before the date on which the dance, or the first dance of the series, as the case may be, is to be held, send to the Collector-General a notification in writing containing the following particulars :

(a) the name and address of the person,

(b) the address of the premises in which the dance or dances is or are to be held,

(c) the name and address of the proprietor of the premises mentioned in subparagraph (b),

(d) as respects the dance or each of the series of dances, the date and time of the dance or of each dance within the series of dances and the proposed admission charge, and

(e) where the person promoting the dance or dances is a body of persons other than a body corporate, the name and address of the individual who will be responsible for payment of the tax.

(2) On receipt of a notification in accordance with paragraph (1), the Collector-General shall forthwith acknowledge it and shall at the same time send a notice in writing to the proprietor of the premises mentioned in the notification, specifying the dance or dances so mentioned and stating that notification in respect thereof has been received in accordance with this Regulation.

(3) If any alteration is made or occurs as respects any of the particulars contained in a notification sent to the Collector-General under paragraph (1), the person responsible for sending the notification under that paragraph shall immediately notify the Collector-General in writing of the alteration.

22. A claim for a deduction under section 34 (1) of the Act in respect of stock-in-trade held at the commencement of the 1st day of November, 1972, shall be supported by a statement of all stock-in-trade held at that time setting out details of the stock-in-trade so held under the following headings--

(a) stocks which have borne turnover tax and wholesale tax on purchase or importation other than second-hand goods, newspapers and periodicals and goods of a kind specified in the Fourth Schedule to the Act,

(b) stocks which have borne wholesale tax only on purchase, other than second-hand goods, newspapers and priodicals and goods of a kind specified in the said Fourth Schedule,

(c) (i) goods which suffered turnover tax only on purchase,

(ii) second-hand goods which were purchased from persons accountable for turnover tax and on which turnover tax was borne on purchase,

(iii) goods of a kind specified in the said Fourth Schedule,

(iv) newspapers and periodicals which suffered turnover tax on purchase, and

(d) stocks which do not qualify for relief.

23. Any person engaged in the delivery of goods or the rendering of services in the course of business shall, when required to do so by notice in writing served on him by the Revenue Commissioners, disclose to the Revenue Commissioners such particulars of any goods delivered to him or any services rendered to him as may be required by such notice.

24. If an accountable person dies, becomes bankrupt, or, being a body corporate, goes into liquidation, anything which he would have been liable to do under the Act or these regulations shall be done by his personal representative, assignee, trustee, committee or liquidator, as the case may be.

25. Any notice, notification or requirement which is authorised or required to be given, served, made, sent or issued under the Act or under these regulations may be sent by post.

26. The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by the Act to be performed or discharged by the Revenue Commssioners.

GIVEN this 4th day of August, 1972.

J. F. RICHARDSON,

Revenue Commissioner.

EXPLANATORY NOTE.

These Regulations which come into force on the 31st August, 1972, concern the operation of Value-added Tax. They prescribe procedures in relation to the following matters :

(a) election for accountability, the waiver of exemption and the treatment of two or more accountable persons as a single accountable person,

(b) registration and cancellation of registration,

(c) accounting on basis of moneys received,

(d) accounts to be kept, including the adjustments to be made in certain circumstances and the issue of invoices, credit notes and debit notes, and the time limits for issuing certain documents,

(e) returns to be made, payment of tax, the acceptance of estimates, the apportionment of amounts and the estimation of tax due,

(f) refunds and remissions of tax,

(g) the treatment of dealers in livestock as unregistered farmers,

(h) the charge of tax in regard to dances,

(i) the valuation of interests in immovable goods,

(j) relief for stock-in-trade held on November 1, 1972,

(k) disclosure of information to the Revenue Commissioners,

(l) the death or incapacity of an accountable person,

(m) service of notices,

(n) nomination by the Revenue Commissioners of officers to act on their behalf.