S.I. No. 129/1983:

VALUE-ADDED TAX (IMPORTED GOODS) REGULATIONS, 1983.

VALUE-ADDED TAX (IMPORTED GOODS) REGULATIONS, 1983.

The Revenue Commissioners, in exercise of the powers conferred on them by sections 15 and 32 of the Value-Added Tax Act, 1972 (No. 22 of 1972), and with the consent of the Minister for Finance, hereby make the following regulations:

1. These Regulations may be cited as the Value-Added Tax (Imported Goods) Regulations, 1983.

2. These Regulations shall be deemed to have come in operation on the 1st day of April, 1983.

3. In these Regulations "the Act" means the Value-Added Tax Act, 1972 .

4. Goods specified in Regulation 5 of these Regulations that are imported by a registered person may be delivered or removed without payment of the tax chargeable on the importation if the person complies with such conditions as the Revenue Commissioners may impose and with the condition that he shows to the satisfaction of the Revenue Commissioners--

( a ) that he is in the business of manufacturing goods in the State,

( b ) that the goods are being imported for the purposes of the business, and

( c ) that the consideration relating to supplies specified in paragraph (i) (a) (I) of the Second Schedule to the Act made by him of goods manufactured by him in the State, taking one taxable period with another, amounts to and is likely to continue to amount to not less than 75 per cent. of the consideration, excluding tax, relating to the total of his supplies of goods manufactured by him.

5. The goods referred to in Regulation 4 of these Regulations are goods imported and entered for the purpose of undergoing a process of manufacture or for the purpose of being incorporated with other goods as a part or ingredient of a manufactured product.

6. Where goods have been imported by a registered person without payment of the tax chargeable on the importation in accordance with Regulation 4 of these Regulations, details of the goods, including the value by reference to each rate of tax including the zero rate shall be included in the return required to be furnished by that person under section 19 of the Act and Regulations thereunder for the taxable period during which the importation took place.

7. Where, in the opinion of the Revenue Commissioners, a person does not, or has ceased to, satisfy a condition referred to or specified in Regulation 4 of these Regulations or has failed to comply with Regulation 6 of these Regulations, they shall send to him by post notification in writing of such opinion and the relief provided for by the said Regulation 4 shall not apply in relation to goods imported by the person during the period from the date on which such notification would be delivered in the ordinary course of post to the time when the person shows to the satisfaction of the Revenue Commissioners that he is complying with the conditions referred to or specified in the said Regulation 4 and with the said Regulation 6.

GIVEN this 17th day of May, 1983.

S. PÁIRCÉIR,

Revenue Commissioner.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance this 3rd

day of May, 1983.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations, which have effect as from the 1st of April, 1983, are concerned with the relieving from payment of VAT at importation of raw materials and components for certain manufacturers.

To qualify for the relief an importer must --

( a ) be registered for VAT,

( b ) be in the business of manufacturing goods in the State, and

( c ) export at least 75 per cent. in value of his total manufactured output.

The importations must be accounted for in the normal VAT return by entering details of the goods concerned under the various VAT rates.

Where the foregoing requirements are not, or cease to be met in any case, the Revenue Commissioners are empowered to withhold, or withdraw the relief until such time as the necessary conditions are satisfied.