|
|
Amendment of section 11 (rates of tax) of Principal Act.
|
97.— (1) Section 11 of the Principal Act is amended—
|
|
| |
(a) in subsection (1B) by substituting the following for paragraph (c):
|
|
| |
“(c) A determination under this subsection shall have effect for all the purposes of this Act—
|
|
| |
(i) in relation to a taxable person who makes an application for the determination, as on and from the date which shall be specified for the purpose in the determination communicated to the taxable person in accordance with paragraph (e)(i), and
|
|
| |
(ii) in relation to any other person, as on and from the date which shall be specified for the purpose in the determination as published in the Iris Oifigiúil.”,
|
|
| |
and
|
|
| |
(b) by substituting the following for subsection (3):
|
|
| |
“(3) (a) Subject to section 10(8)—
|
|
| |
(i) in the case of a composite supply, the tax chargeable on the total consideration which the taxable person is entitled to receive for that composite supply shall be at the rate specified in subsection (1) which is appropriate to the principal supply, but if that principal supply is an exempted activity, tax shall not be chargeable in respect of that composite supply,
|
|
| |
(ii) in the case of a multiple supply, the tax chargeable on each individual supply in that multiple supply shall be at the rate specified in subsection (1) appropriate to each such individual supply and, in order to ascertain the taxable amount referable to each individual supply for the purpose of applying the appropriate rate thereto, the total consideration which the taxable person is entitled to receive in respect of that multiple supply shall be apportioned between those individual supplies in a way that correctly reflects the ratio which the value of each such individual supply bears to the total consideration for that multiple supply.
|
|
| |
(b) In the case where a person acquires a composite supply or a multiple supply by means of an intra-Community acquisition, the provisions of this subsection shall apply to that acquisition.
|
|
| |
(c) The Revenue Commissioners may make regulations as necessary specifying—
|
|
| |
(i) the circumstances or conditions under which a supply may or may not be treated as an ancillary supply, a composite supply, an individual supply, a multiple supply or a principal supply,
|
|
| |
(ii) the methods of apportionment which may be applied for the purposes of paragraphs (a) and (b),
|
|
| |
(iii) a minimum amount, or an element of a supply, which may be disregarded for the purposes of applying this subsection.”.
|
|
| |
(2) Paragraph (b) of subsection (1) comes into operation on such day as the Minister for Finance may appoint by order.
|
