Finance Act 2021

VAT groups

51. The Principal Act is amended—

(a) in section 15—

(i) in subsection (1), by the substitution of “accountable person” for “taxable person” in each place where it occurs,

(ii) in subsection (3), by the deletion of “(which date shall not be earlier than the date of issue of the notice)”, and

(iii) by the insertion of the following subsections after subsection (4):

“(4A) Where there has been a significant change in the financial, economic and organisational links between the persons in a group, the person in the group notified in accordance with subsection (1)(a)(i) shall, not later than 30 days after the end of the taxable period during which the significant change concerned occurs, notify the Revenue Commissioners in writing that there has been such a significant change.

(4B) Where—

(a) a person in a group ceases to be established in the State, or

(b) the requirement that at least one of the persons in the group concerned is an accountable person is no longer met,

the person in the group notified in accordance with subsection (1)(a)(i) shall, not later than 30 days after the end of the taxable period during which the circumstance described in paragraph (a) or (b), as the case may be, has occurred, notify the Revenue Commissioners in writing of the occurrence of that circumstance.”,

and

(b) in section 115, by the insertion of the following subsections after subsection (1):

“(1A) A person who does not comply with subsection (4B) of section 15 shall be liable to a penalty of €4,000 in respect of the taxable period during which the person failed to comply with that subsection and to a further penalty of €4,000 for each subsequent taxable period during which the person has failed to comply with that subsection.

(1B) Where the person referred to in subsection (1A) is a body of persons, the secretary to that body of persons shall be liable to a separate penalty of €4,000 in respect of the taxable period during which the person referred to in subsection (1A) failed to comply with subsection (4B) of section 15 and to a separate further penalty of €4,000 for each subsequent taxable period during which that person has failed to comply with that subsection.”.