S.I. No. 295/2000 - Value-Added Tax (Estimation of Tax Payable and Assessment of Tax Payable Or Refundable) Regulations, 2000.


The Revenue Commissioners, in exercise of the powers conferred on them by sections 22 , 23 and 32 of the Value-Added Tax Act, 1972 (No. 22 of 1972), make the following Regulations:

1. These Regulations may be cited as the Value-Added Tax (Estimation of Tax Payable and Assessment of Tax Payable or Refundable) Regulations, 2000.

2. These Regulations shall come into operation on 25 September 2000.

3. In these Regulations “Principal Act” means the Value-Added Tax Act, 1972 .

4. (1) An estimation of tax payable for a period for the purposes of section 22 of the Principal Act may be made by an officer of the Revenue Commissioners authorised by them in that behalf.

(2) A notice served in accordance with section 22 of the Principal Act shall contain the following particulars—

(a) the name, address and registration number of the person in respect of whom an estimate is made,

(b) the period to which the estimate relates, and

(c) the amount of tax estimated to be payable in respect of the period referred to in subparagraph (b) of this paragraph.

5. (1) An assessment of tax payable or refundable for a period for the purposes of section 23 of the Principal Act may be made by an inspector of taxes or such other officer as the Revenue Commissioners may authorise in that behalf.

(2) A notice served in accordance with section 23 of the Principal Act shall contain the following particulars—

(a) the name, address and registration number of the person in respect of whom an assessment is made.

(b) the period to which the assessment relates,

(c) the total amount of tax which it is assessed should have been paid or the total amount of tax (including, where appropriate, a nil amount) which in accordance with section 20(1) of the Principal Act should have been refunded, as the case may be, in respect of the period referred to in subparagraph (b) of this paragraph,

(d) the total amount of tax (including, where appropriate, a nil amount) paid by the person or refunded to the person, as the case may be, in respect of the period concerned, and

(e) the net amount due in respect of the period referred to in subparagraph (b) of this paragraph.

6. The Value-Added Tax (Estimation and Assessment of Tax Due) Regulations, 1992 ( S.I. No. 277 of 1992 ), are revoked.

7. (1) All officers who immediately before the commencement of these Regulations stood authorised for the purposes of any provision of the Regulations revoked by Regulation 6 of these Regulations shall be deemed to be authorised for the purposes of the corresponding provision of these Regulations.

(2) All estimates or assessments of tax and notices of estimation or assessment of tax made or issued under the Regulations revoked by Regulation 6 of these Regulations and in force immediately before the commencement of these Regulations shall continue in force as if made or issued under these Regulations.

GIVEN this 25th day of September, 2000.

JOSEPHINE FEEHILY,

Revenue Commissioner.

EXPLANATORY NOTE.

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

These Regulations provide for the making of estimates of tax payable for any period, and for the making of assessments of tax payable or refundable for any period. by an officer of the Revenue Commissioners. They revoke the Value-Added Tax (Estimation and Assessment of Tax Due) Regulations, 1992 ( S.I. No. 277 of 1992 ).