Finance Act 2008

Amendment of section 3 (supply of goods) of Principal Act.

85.— With effect from 1 July 2008 section 3 of the Principal Act is amended—

(a) in subsection (1)(e) by substituting “being movable goods” for “being goods”,

(b) by inserting the following after subsection (1B):

“(1C) For the purposes of this Act in the case of immovable goods ‘ supply ’ in relation to goods shall be regarded as including—

(a) the transfer in substance of the right to dispose of immovable goods as owner or the transfer in substance of the right to dispose of immovable goods, and

(b) transactions where the holder of an estate or interest in immovable goods enters into a contract or agreement with another person in relation to the creation, establishment, alteration, surrender, relinquishment or termination of rights in respect of those immovable goods, apart from mortgages, and consideration or payments which amount to 50 per cent or more of the open market value of the immovable goods at the time the contract or agreement is concluded are payable pursuant to or associated with the contract or agreement or otherwise either before the making of the contract or agreement or within 5 years of the commencement of such contract or agreement.”,

and

(c) in subsection (8)—

(i) by substituting “Where a person who is not established in the State makes an intra-Community acquisition of goods in the State and makes a subsequent supply of those goods to an accountable person in the State” for “Where a taxable person who is not established in the State makes an intra-Community acquisition of goods in the State and makes a subsequent supply of those goods to a taxable person in the State”, and

(ii) in paragraph (a) of the proviso by substituting “the person” for “the taxable person”.