124. Transitional provisions

This section provides for the continuity of the operation of the law between the old and the new legislation.

(1) The Revenue Commissioners have all the powers and duties in relation to value-added tax under the VAT Consolidation Act 2010 that they had before its enactment.

(2) The continuity of the law relating to value-added tax is not affected by the substitution of the VAT Consolidation Act 2010 for the repealed enactment.

(3) Any reference in any document or enactment to a provision of the VAT Consolidation Act 2010 is to be construed (where necessary) as a reference to the corresponding provision in the relevant legislation before consolidation.

(4) Any reference in any document or enactment to a provision before consolidation (that is, a reference to the 1972 Act or things done under it) is to be construed (where necessary) as a reference to the corresponding provision in the VAT Consolidation Act 2010.

(5) All instruments, documents, determinations, authorisations and letters or notices of appointment made or issued under the repealed enactment and in force immediately before the commencement of the VAT Consolidation Act 2010 continue in force as if they were done under the VAT Consolidation Act 2010.

(6) Subsection (6) contains transitional provisions in relation to determinations made by Revenue in relation to public bodies. A provision that allowed Revenue to make determinations that particular supplies of the State and local authorities were taxable in cases of distortion of competition was repealed with effect from 8 March 2010. This subsection provides that determinations made by Revenue under the distortion of competition rules before 8 March 2010 are not affected by the repeal of the enabling provision in respect of such bodies from that date.

(7) Subsection (7) contains transitional provisions in relation to additional records to be kept by taxable dealers under the special scheme for means of transport and the special scheme for agricultural machinery. Both of these schemes were phased out in 2010 and the transport and machinery in question was brought into the margin scheme. (See section 87). The additional records relate to the transitional measures in place during the changeover. Copies of the information must be made available to Revenue on request, within 21 days of the notice.

Relevant Date: Finance Act 2020