S.I. No. 440/1992:

VALUE-ADDED TAX (IMPORTED GOODS) (NO.2) REGULATIONS, 1992.

VALUE-ADDED TAX (IMPORTED GOODS) (NO.2) REGULATIONS, 1992.

The Revenue Commissioners, in exercise of the powers conferred on them by section 15 of the Value-Added Tax Act, 1972 (No. 22 of 1972), and with the consent of the Minister for Finance, hereby make the following Regulations:

1. These Regulations may be cited as the Value-Added Tax (Imported Goods) (No. 2) Regulations, 1992.

2. These Regulations shall come into operation on the 1st day of January, 1993.

3. In these Regulations--

( a ) a reference to a Regulation is to a Regulation of these Regulations, and

( b ) a reference to a paragraph is to a paragraph of the provision in which it occurs,

unless it is indicated that reference to some other provision is intended.

4. Without prejudice to Regulation 9, the provisions of the Customs Consolidation Act, 1876 as amended relating to the warehousing of imported goods, section 11 of the Finance (Miscellaneous Provisions) Act, 1958 (No. 28 of 1958), and section 38 of the Finance Act, 1932 (No. 20 of 1932), as amended by section 17 of the Finance Act, 1965 (No. 22 of 1965), and the European Communities (Customs) Regulations, 1972 ( S.I. No. 334 of 1972 ), shall not apply to tax chargeable at importation.

5. Section 6 of the Customs and Inland Revenue Act, 1879, and section 25 (2) of the Finance Act, 1933 (No. 15 of 1933), shall, insofar as they apply to tax, have effect in relation to goods which are being re-imported into the State after exportation therefrom only if they are re-imported into the State by the person who exported them from the State.

6. Section 24 and 28 of the Finance Act, 1933 (No. 15 of 1993), shall apply to tax chargeable at importation only insofar as the tax is not deductable under section 12 of the Act.

7. Without prejudice to Regulation 9, section 5 (1) of the Customs-Free Airport Act, 1947 (No. 5 of 1947), shall not, insofar as it applies to tax, have effect in relation to goods brought from the Customs-free airport (within the meaning of that Act) into any other part of the State where it is established to the satisfaction of the Revenue Commissioners that the goods are Community goods or that the tax has already been borne or paid on the goods.

8. Section 29 (7) of the Finance Act, 1978 (No. 21 of 1978), shall apply in relation to tax payable at importation with the modification that the reference to goods entered for home use shall be deemed to include a reference to imported goods entered for free circulation or for processing under customs control.

9. Legislation relating to customs adopted by the European Communities concerning the placing of goods under--

( a ) arrangements for temporary importation with total exemption from customs duty,

( b ) external transit arrangements,

( c ) temporary storage arrangements,

( d ) free zone or free warehouse arrangements,

( e ) customs warehousing arrangements,

( f ) inward processing (suspension) arrangements, or

( g ) arrangements for the admission of goods into territorial waters in connection with drilling or production platforms,

shall only apply in relation to tax chargeable at importation where, and for such time as, goods are held under those arrangements for the purpose of compliance with and implementation of the Community rules relating to customs.

10. Without prejudice to Regulation 9, legislation relating to customs adopted by the European Community concerning suspension of customs duties, reduction in customs duties, or repayment or remission of customs duties shall not apply to tax chargeable at importation.

11. The Value-Added Tax (Imported Goods) Regulations, 1982 ( S.I. No. 279 of 1982 ) are hereby revoked.

GIVEN this 21st day of December, 1992.

F. CASSELLS,

Revenue Commissioner.

The Minister for Finance hereby consents to the making of the foregoing Regulations.

GIVEN under my Official Seal, this 24th day of December, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations modify or exclude as appropriate the application to VAT payable at importation of various customs provisions insofar as they relate to--

( a ) application of VAT to goods imported for warehousing or for processing or re-export,

( b ) relief from VAT on goods re-imported by the person who exported them,

( c ) the exclusion of certain customs drawback and repayment provisions,

( d ) relief from VAT on certain goods brought from the customs-free airport into any other part of the State,

( e ) provision for arrangements for deferred payment of VAT payable on importation,

( f ) application of the EC customs legislation to VAT payable at importation.

These Regulations revoke and replace S.I. No. 279 of 1982 .