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by Jason Gorringe, Tax-News.com, London
Wednesday, July 07, 2010
Irish Minister for Finance, Brian Lenihan has made Regulations under the European
Communities Act 1972 to amend value-added tax (VAT) rules with regard to reverse
charge rules.
The government said that the Regulations amend the VAT Act 1972, and arise
from minor errors and omissions in the European Communities (Value-Added Tax)
Regulations 2009 which transposed EU VAT legislation. These Regulations are
deemed to have applied and taken effect on January 1, 2010.
The Regulations amend Sections 8, 10 and 12 of the VAT Act by inserting cross-references
to underpin the normal reverse charge rules for certain services received from
abroad. However, in the case of a taxpayer who failed to apply the reverse charge
rule since January 1, 2010, on the received services in question, the liability
for the VAT on those services is deemed to arise in the May/June 2010 taxable
period.
The Regulations also amend the VAT Act to ensure that the legislation correctly
reflects the requirement under EU law for businesses to submit VIES (VAT Information
Exchange System) statements of intra-Community supplies of services to taxable
persons in other member states. It also refines the definition of “qualifying
activities” to match regulations under the European Communities (Value-Added
Tax) Regulations 2009.
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