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Value-Added Tax Consolidation Act 2010 (Number 31 of 2010)

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Chapter 5

Cross-border special scheme for small enterprises

92B. Definitions

(1) In this Chapter—

annual turnover” means the total consideration (other than consideration from disposals of tangible or intangible capital assets), exclusive of tax, from—

(a) supplies of goods and services, in so far as those supplies would be chargeable to tax if supplied by a taxable person who is not exempt from tax, and

(b) supplies of immovable goods, services specified in paragraphs 6 and 7 of Schedule 1 and, insurance and reinsurance services, unless those supplies are transactions which are incidental to the taxable person’s supplies and activities;

Member State annual turnover threshold” means a threshold set by a Member State for the purposes of the application of the SME exemption scheme in that Member State;

Member State of establishment”, in relation to a taxable person, means the Member State in which the person has established that person’s business;

Member State of exemption”, in relation to a taxable person, means a Member State in which the person is not established and where that person avails of the SME exemption scheme as it applies in that Member State;

SME exemption scheme” means the special scheme for small enterprises set out in Section 2 of Chapter I of Title XII of the VAT Directive;

SME exemption scheme number” means the identification number ending with the suffix ‘EX’ that has been assigned to a taxable person, by the competent authority of the Member State of establishment, for the purpose of availing of the SME exemption scheme;

Union annual turnover”, in relation to a taxable person, means the annual turnover of the person in the territory of the Community during a calendar year;

Union threshold” means €100,000.

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Inserted by S.I. (No. 69) 2025 s9.