91C Non-Union scheme (where the State is Member State of consumption)

(1) A person who—

(a) is an identified person within the meaning of section 91B, or

(b) applies the non-Union scheme under the provisions implementing the scheme in another Member State, where that other Member State is the Member State of identification,

shall be an accountable person for the purposes of this Act in relation to scheme services only insofar as those services are supplied in the State ^[2]>in accordance with section 34(kc)^<[2][2]>in accordance with Chapter 3 of Part 4^<[2] and, in relation to those supplies, for the purposes of this section shall be referred to as a ‘scheme participant’.

(2) A scheme participant shall be regarded as having fulfilled his or her obligations as an accountable person under ^[8]>subsection (3) of section 65^<[8][8]>subsection (3)(a) of section 65^<[8] and shall not otherwise be obliged or entitled to be registered under that section.

(3) A scheme participant shall furnish the VAT return required for a calendar quarter under the provisions of the nonUnion scheme to the tax authorities of the Member State of identification ^[3]>on or before the 20th day of the month^<[3][3]>by the end of the month^<[3] immediately following the end of the relevant calendar quarter and, for the purposes of this Act, to the extent that the VAT return relates to scheme services taxable in the State, the VAT return shall be—

(a) treated, with any necessary modifications, as if it were a return required to be furnished in accordance with section 76, and

(b) deemed to have been received by the Collector-General on the date it was received by the tax authorities of the Member State of identification,

and this Act shall apply to the scheme participant and have effect as if in section 76(1)—

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(i) ‘on or before the 20th day’ were substituted for ‘within 9 days immediately after the 10th day’,

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(i) ‘by the end of the month’ were substituted for ‘within 9 days immediately after the 10th day of the month’,

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(ii) ‘a calendar quarter’ were substituted for ‘a taxable period’, and

(iii) in paragraphs (a)(i) and (b) ‘that calendar quarter’ were substituted for ‘that taxable period’ in each place.

(4) A scheme participant shall remit the tax payable in relation to a calendar quarter under the provisions of the non Union scheme to the tax authorities of the Member State of identification ^[5]>on or before the 20th day of the month^<[5][5]>by the end of the month^<[5] immediately following the end of the relevant calendar quarter and, for the purposes of this Act, to the extent that the tax payable relates to scheme services taxable in the State, the tax payable shall be—

(a) treated as if it were tax payable in accordance with section 76, and

(b) deemed to have been paid to the Collector-General on the date it was received by the tax authorities of the Member State of identification, and this Act shall apply to the scheme participant and have effect as if in section 76(1)—

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(i) ‘on or before the 20th day’ were substituted for ‘within 9 days immediately after the 10th day’,

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(i) ‘by the end of the month’ were substituted for ‘within 9 days immediately after the 10th day of the month’,

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(ii) ‘a calendar quarter’ were substituted for ‘a taxable period’, and

(iii) in paragraphs (a)(i) and (b) ‘that calendar quarter’ were substituted for ‘that taxable period’ in each place.

(5) Where supplies have been made using a currency other than the euro, the exchange rate to be used for the purpose of expressing the corresponding amount in euro in the VAT return shall be that published by the European Central Bank for the last day of the calendar quarter to which the VAT return relates or, if there is no publication on that date, on the next date of publication.

(6) Notwithstanding Chapter 1 of Part 8, a scheme participant—

(a) shall not, in computing the amount of tax payable by him or her in respect of scheme supplies, be entitled to deduct any tax borne or paid in relation to those supplies, but

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(b) shall be entitled to claim a refund of such tax in accordance with, and using the rules applicable to, Council Directive No. 86/560/EEC of 17 November 1986¹, notwithstanding Articles 2(2) and (3) and 4(2) of that Directive.

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(b) shall-

(i) be entitled to claim a refund of such tax in accordance with, and using the rules applicable to, Council Directive No. 86/560/EEC of 17 November 1986¹ , notwithstanding Articles 2(2) and (3) and 4(2) of that Directive, or

(ii) where that scheme participant is an accountable person other than in relation to supplies of scheme services, subject to Chapter 1 of Part 8, be entitled to deduct the tax borne or paid in the return which he or she is obliged to submit in accordance with Chapter 3 of Part 9.

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(7) Notwithstanding section 84, a scheme participant who supplies scheme services which, in accordance with section 34(kc), are supplied in the State shall be bound by the require ments of section 91B(14)(a), (b) and (d) in relation to such supplies and retain such records until the expiry of a period of 10 years from 31 December of the year during which the transaction was carried out.