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14A. Postponed accounting

(1) In this Regulation, ‘the Acts’ means—

(a) the Act,

(b) the Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997 ),

(c) the Capital Gains Tax Acts (within the meaning of section 1 of the Taxes Consolidation Act 1997 ),

(d) the statutes relating to the duties of excise and to the management of those duties,

(e) the Customs Act 2015 (No. 18 of 2015), and

(f) any instrument made under any of the enactments referred to in subparagraphs (a) to (e).

(2) Subject to paragraph (5), an accountable person may account for the tax chargeable under section 3(b) of the Act on goods imported into the State by the means referred to in section 53A(1) of the Act where the accountable person complies, to the satisfaction of the Commissioners, with the following requirements:

(a) the accountable person is in compliance with the Acts;

(b) the accountable person keeps full and true records in accordance with section 84 of the Act;

(c) the accountable person has not been convicted of an offence under the Acts;

(d) the accountable person has provided information or documentation specified in paragraph (3) to the Commissioners, where the Commissioners have requested any such information or documentation from the accountable person.

(3) The information and documentation referred to in paragraph (2)(d) is the following:

(a) evidence of the current business address and previous business address, if any, of the accountable person concerned;

(b) information relating to the solvency of the accountable person concerned, including the source of any loans or other financing received (or to be received) by that person and the use or intended use of the moneys received by that person through those loans or other financing;

(c) information relating to the type, volume and value of goods and services supplied to or by the accountable person concerned;

(d) information relating to the supply of goods or services to or by the accountable person concerned by or to, as the case may be, suppliers or customers of the accountable person concerned, including the terms and conditions of such supply, negotiations relating to that supply, the means by which the goods or services are to be supplied and the commercial rationale for the accountable person concerned supplying or receiving those goods or services;

(e) evidence that the accountable person concerned has in place a system for maintaining records relating to the supply by or to that person of goods and services that ensures those records are complete, accurate and readily available to that person;

(f) the most recently completed audited accounts;

(g) a declaration by the accountable person concerned that all information provided by that person, for the purposes of accounting for tax by the means referred to in section 53A(1) of the Act, is correct;

(h) a tax clearance certificate (within the meaning of section 1095 of the Taxes Consolidation Act 1997 );

(i) any other information, where it appears requisite to the Commissioners to request such information for the protection of the revenue.

(4) The reference in paragraph (3)(a) to a business address includes a reference to—

(a) an address of a premises of the accountable person concerned, and

(b) an address at which manufacturing, retail, storage, administrative or other operations are carried out by the accountable person concerned.

(5) Paragraph (2) shall not apply in a case in which the accountable person, where requested by the Commissioners, fails to demonstrate, to the satisfaction of the Commissioners, that the necessary capacity and capability exists on the part of the accountable person to account for and pay tax by the means referred to in section 53A(1) of the Act on an on-going basis.

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