S.I. No. 441/1999 - Value-Added Tax (Refund of Tax To Persons Making Exempt Supplies of Investment Gold) Regulations, 1999.

The Revenue Commissioners, in exercise of the powers conferred on them by subsections (6)(b), (7)(b) and (8)(b) of section 6A (inserted by section 122 of the Finance Act, 1999 (No. 2 of 1999)), and 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 (Refund of Tax to Persons making Exempt Supplies of Investment Gold) Regulations, 1999.

(2) These Regulations shall come into operation on the 1st day of January, 2000.

2. In these Regulations Principal Act means the Value-Added Tax Act, 1972 , (No. 22 of 1972).

3. A person who is entitled, in accordance with subsection (6)(b), (7)(b) or (8)(b) of section 6A of the Principal Act, to claim a refund of the tax charged, paid or deferred in the circumstances specified in those subsections, shall claim such refund of tax—

(a) by completing such claim form as may be provided for that purpose by the Revenue Commissioners and certifying that the particulars shown on such claim form are correct,

(b) by establishing the amount of tax borne by production, where requested to do so by the Revenue Commissioners, of invoices or import documents, and

(c) by establishing that such person is not entitled to repayment of the tax under any other provision of the Principal Act, any Regulations made thereunder or of any other Act or instrument made under statute administered by the Revenue Commissioners.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

Section 6A of the VAT Act provides, inter alia, for a refund, in certain circumstances, of VAT incurred on the purchase, intra-Community acquisition and importation of gold, including investment gold, where the subsequent supply of that gold is exempt from VAT. These Regulations set out the procedures for claiming such refunds.