Finance (No. 2) Act, 1992

Amendment of section 134 (permanent reliefs) of Act of 1992.

10.—Section 134 of the Act of 1992 is hereby amended—

(a) in subsection (1), by the insertion of the following paragraphs after paragraph (g):

“(h) for official use by the European Foundation for the Improvement of Living and Working Conditions,

(i) for the personal use of officials or other members of the staff of the European Foundation for the Improvement of Living and Working Conditions, who transfer their residence to the State to take up a position there with the Foundation.”,

and

(b) by the insertion of the following subsections after subsection (5):

“(6) When an entry in the register is deleted and the Commissioners are satisfied that the deletion is warranted by exceptional circumstances which arose within 7 working days after the registration of the vehicle concerned and the vehicle had not been the subject of a licence under the Act of 1952, they may, subject to such conditions as they may impose, repay the whole or part of the vehicle registration tax paid on the vehicle concerned.

(7) Subject to subsection (9), where a person carrying on the business of leasing or hiring vehicles to others or providing instruction in the driving of vehicles, acquires an unregistered category A vehicle or motor-cycle and the acquisition is one in respect of which he is entitled under section 12 of the Value-Added Tax Act, 1972 , to a deduction of the value-added tax charged to him in respect of the acquisition, an amount of the vehicle registration tax paid in respect of the vehicle shall be repaid to the person, subject to any prescribed conditions, restrictions and limitations.

(8) The amount of the repayment of vehicle registration tax to a person under subsection (7) shall be a percentage of such tax paid in respect of the vehicle concerned determined by the formula—

R × 100

________

(R + 100)

where R is the percentage rate of value-added tax chargeable on the acquisition of the vehicle by the person.

(9) A repayment of vehicle registration tax to a person under subsection (7) shall be made only where an entitlement to a deduction of value-added tax charged has accrued to the person upon the acquisition of the vehicle concerned after the 1st day of January, 1993:

Provided that any value-added tax payable by the person otherwise entitled to the refund of vehicle registration tax provided for under subsection (7) and due by the date of repayment of vehicle registration tax has been paid.

(10) Nothing in subsection (7) shall authorise more than one repayment of vehicle registration tax in respect of a vehicle.”.