23A. Call-off stock arrangements

Summary

This section provides for simplified measures in relation to call-off stock arrangements where certain conditions are fulfilled.

Details

(1) Subsection (1) sets out the conditions that must be fulfilled for the simplification measures provided for in this section to apply.

(2) Subsection (2) provides that where a supplier who does not have an establishment or fixed establishment in the State transfers goods to an accountable person in the State under call-off stock arrangements, the transfer of the goods will not be treated as a supply of goods by that supplier in the State.

(3) Subsection (3) provides that where the conditions for applying the simplification are met there is a deemed intra-Community supply of goods made by the supplier and the customer in the State will be deemed to make an intra-Community acquisition of those goods. This occurs at the time of transfer of ownership of the goods when the customer removes the goods from stock. The transfer of ownership of the goods must take place within 12 months of the arrival of the goods in the State.

(4) Subsection (4) provides that if the goods have not been supplied to the intended customer, or person substituted for that customer, and the circumstances in subsection (7) do not apply, then a supply will be deemed to take place on the day following the expiry of the 12-month period.

(5) Subsection (5) provides that the simplification can continue to apply where there is no supply of goods within 12 months of their arrival into stock, but within that time the goods are returned to the Member State of dispatch.

(6) Subsection (6) provides that the simplification can continue to apply where within 12 months of the arrival of the goods into stock the original customer has been substituted by another customer and all other conditions continue to be met.

(7) Subsection (7) provides for when the conditions for simplification are deemed to cease in certain circumstances.

Relevant Date: Finance Act 2020