Finance (No. 2) Act, 1966
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Persons accountable. |
3.—(1) The person accountable for and liable to pay wholesale tax shall be the seller of goods, provided that the following persons shall not, save as otherwise provided by this Act, be accountable— | |
(a) sellers who are not engaged in selling by wholesale taxable goods or whose monthly receipts from selling by wholesale taxable goods have not in any month exceeded, and are not likely in any month to exceed £500, but excepting any such seller who is— | ||
(i) a manufacturer, or | ||
(ii) a person who makes, for the purpose of a business of selling by retail carried on by him, purchases of taxable goods which in value and character are such as in the ordinary course of trade are made by wholesale merchants, and | ||
(b) manufacturers whose monthly receipts from selling taxable goods have not in any month exceeded, and are not likely in any month to exceed, £150. | ||
(2) (a) Where a person has not been accountable for wholesale tax by virtue of subsection (1) (a) of this section and the moneys received by him from selling by wholesale taxable goods exceeded £500 in each of two successive months, he shall become accountable for wholesale tax immediately on the expiration of the second month. | ||
(b) Where a person has not been accountable for wholesale tax by virtue of subsection (1) (b) of this section and the moneys received by him from selling taxable goods exceeded £150 in each of two successive months, he shall become accountable for wholesale tax immediately on the expiration of the second month. | ||
(3) A manufacturer who is not an accountable person under the foregoing provisions of this section shall, subject to such conditions as may be specified by regulations, be regarded as an accountable person if he satisfies the Revenue Commissioners in the manner specified in the regulations that he uses taxable goods in substantial quantities as materials. | ||
(4) The foregoing provisions of this section shall have effect subject to the proviso that where, in a case in which a seller would, apart from this subsection, be accountable for and liable to pay wholesale tax, the right to receive the whole or any part of the moneys payable in respect of the sales is or becomes vested in a person other than the seller, the person in whom such right is or becomes vested shall be accountable for and liable to pay wholesale tax on such moneys as he may receive in respect of the sales. | ||
(5) (a) Wholesale tax shall not be chargeable and a person shall not be accountable for wholesale tax on moneys received by him in relation to any exempted activity. | ||
(b) In the foregoing paragraph “exempted activity” means— | ||
(i) any activity which is an exempted activity within the meaning of section 48 (2) of the Finance Act, 1963 , | ||
(ii) any activity which is declared by the Minister for Finance by order to be, for the purposes of this subsection, exempted, or | ||
(iii) sales of any of the following articles (subject to such definitions, if any, of those articles as may be specified by the Minister for Finance by order), that is to say, food, drink, tobacco, medicines, clothing, fuel or hydrocarbon oils. |