The Minister for Finance has made regulations under the European Communities Act 1972 (No. 27 of 1972). The Regulations – S.I. 317 of 2010, amend sections 8 (Accountable persons), 10 (Amount on which tax is due) and 12 (Deduction for tax borne or paid) of the VAT Act by inserting cross-references to underpin the normal reverse charge rules for certain services received from abroad. The Regulations provide that in the case of a taxpayer who failed to apply the reverse charge rules since 1 January 2010 on the received services in question, the liability for the VAT on those services is deemed to arise in the May/June taxable period.
The Regulations also amend the VAT Act to ensure that businesses submit VIES statements of intra-community supplies of services to taxable persons in other member states, as required in Council Directives 2008/8/EC. The Regulations also refine the definition of “qualifying activities” to match Regulation 17(b) of the European Communities (Value-Added Tax) Regulations 2009.
The Regulations are dated 29 June 2010 but are deemed to have applied and taken effect on 1 January 2010.
The Regulations can be accessed here.