S.I. No. 439/1992 - Value-Added Tax (Imported Goods) Regulations, 1992.

S.I. No. 439 of 1992.

VALUE-ADDED TAX (IMPORTED GOODS) REGULATIONS, 1992.

The Revenue Commissioners, in exercise of the powers conferred on them by sections 15 (7) 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, 1992.

2. These Regulations shall come into operation on the 1st day of January, 1993.

3. (1) In these Regulations—

"the Act" means the Value-Added Tax Act, 1972 .

"qualifying goods" means 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.

(2) In these Regulations a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended.

4. Qualifying goods that are imported by a registered person may, subject to compliance with the requirements of these Regulations, be delivered or removed without payment of the tax chargeable on the importation where the person 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 subparagraphs (i) (a) (I), (i) (b) or (i) (c) 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. A person who wishes to import qualifying goods without payment of the tax chargeable on their importation, in accordance with Regulation 4, shall apply in writing to the Revenue Commissioners for authorisation to do so. He shall complete such form as is provided for that purpose by the Revenue Commissioners and he shall certify the particulars shown on such form to be correct. He shall in addition provide such further documentation in support of the application as the Revenue Commissioners may request.

6. Where they consider that a person satisfies the requirements of Regulation 4, the Revenue Commissioners shall authorise that person, by notice in writing, to have qualifying goods delivered or removed without payment of the tax chargeable on the importation of those goods.

7. Registered persons who, before the coming into force of these Regulations, have been authorised by the Revenue Commissioners to deliver or remove goods without payment of the tax chargeable on the importation in accordance with the Value-Added Tax (Imported Goods) Regulations, 1983 ( S.I. No. 129 of 1983 ) shall be deemed to have been authorised in accordance with Regulation 6.

8. In relation to each consignment of goods to be imported by a person authorised under Regulation 6 without payment of the tax chargeable on the importation, the following conditions shall be complied with—

( a ) the authorisation or, by agreement with a customs officer in the State, a copy thereof 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 representative duly authorised by him in writing for this purpose, that the goods are raw materials and components for use in the authorised person's manufacturing business, and

(ii) a claim for VAT-free importation.

9. Where goods have been imported by a person without payment of the tax chargeable on the importation in accordance with these Regulations, the tax so chargeable shall be accounted for by the authorised person in the return required to be furnished by him under section 19 of the Act for the taxable period during which the importation took place.

10. (1) A person authorised in accordance with Regulation 6 shall notify the Revenue Commissioners in writing where he no longer satisfies the requirements of Regulation 4. Such notification shall be made within 30 days of the person no longer satisfying the requirements of Regulation 4.

(2) Where a person fails to notify the Revenue Commissioners in accordance with paragraph (1) of this Regulation, the authorisation under Regulation 6 shall be deemed to be cancelled in accordance with Regulation 11. Such cancellation shall have effect from the date on which the person no longer satisfies the requirements of Regulation 4.

11. (1) The Revenue Commissioners shall cancel an authorisation under Regulation 6 where they consider that the person no longer satisfies the requirements of Regulation 4.

(2) An authorisation under Regulation 6 shall be cancelled by notice in writing given by the Revenue Commissioners to the person who was the subject of the authorisation. Such cancellation shall have effect from the date of the notice or from such later date as may be specified in the notice.

12. The Value-Added Tax (Imported Goods) Regulations, 1983 ( S.I. No. 129 of 1983 ) are hereby revoked.

GIVEN this 17th day of December, 1992.

F. CASSELLS,

Revenue Commissioner.

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

GIVEN under my Official Seal this 24th day of December, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations set out the terms and conditions for relief from payment of VAT on importation of raw materials and components by manufacturers whose exports or intra-Community supplies exceed 75 per cent. in value of their total manufactured output.

This relief was formerly provided for in S.I. 129 of 1983 which is revoked and replaced by these Regulations.