PART V

Value-Added Tax

50. — Section 10 of the Value-Added Tax Act, 1972 , is hereby amended with effect on and from the 16th day of January, 1975—

(a) by the insertion, before subsection (3), of the following subsection:

“(2A) (a) The amount on which tax is chargeable by virtue of section 2 (1) (a) on the delivery of goods of a kind specified in the Fourth Schedule delivered in the circumstances specified in paragraph (b) shall be the open market price.

(b) The circumstances referred to in paragraph (a) in which a delivery is made are—

(i) that the person to whom or to whose order the delivery is made is a body of persons over whom the person making the delivery has control, or the person making the delivery is a body of persons over whom the person to whom or to whose order the delivery is made has control, or both the person making the delivery and the person to whom or to whose order the delivery is made are bodies of persons and some other person has control over both of them,

(ii) that the delivery is made in such circumstances that tax at the rate for the time being specified in section 11 (1) (c) is chargeable in relation thereto, and

(iii) that the consideration referred to in subsection (1) is less than the open market price.”,

(b) by the insertion, in subsection (3) (c) before “paragraph (a)”, of “subsection (2A) or” and

(c) by the insertion, in subsection (9) (b) before the definition of “the open market price”, of the following definition:

“‘control’, in relation to a body corporate, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of the first-mentioned body corporate are conducted in accordance with the wishes of that person and, in relation to a partnership, means the right to a share of more than one-half of the assets, or of more than one-half of the income, of the partnership;”.

51. — Section 11 of the Value-Added Tax Act, 1972 , is hereby amended with effect on and from the 16th day of January, 1975—

(a) by the substitution of the following subsection for subsection (2):

“(2) Where goods which are of a kind specified in the Fourth Schedule and which—

(a) were imported, or sold in the State, before the specified day in such circumstances that whole-sale tax was chargeable or would have been chargeable if that tax had been in force on the date of the importation or sale, or

(b) were, on any previous occasion on or after the specified day, imported by or delivered to a person other than a manufacturer of goods of the kind so delivered or imported in such circumstances that tax at the rate for the time being specified in subsection (1) (c) was chargeable in relation to such importation or delivery,

are delivered within the State on or after the specified day, tax shall be charged at the rate for the time being specified in subsection (1) (a) on the appropriate amount of any consideration for such delivery.”,

and

(b) by the substitution of the following subsection for subsection (4):

“(4) Where goods for the manufacture of which materials have been supplied by or on behalf of any person are delivered by the manufacturer to that person and the rate of tax chargeable in relation to the delivery of the goods exceeds that which would be chargeable in relation to a delivery within the State of the materials, the person who delivers the goods shall, in respect of the delivery of such goods, be liable, in addition to any other liability imposed on him by this Act, to pay tax on the value of the materials supplied to him at a rate equivalent to the difference between the two aforementioned rates.”.

52. — Section 13 of the Value-Added Tax Act, 1972 , is hereby amended by the insertion, after subsection (2), of the following subsection:

“(2A) (a) With effect on and from the 1st day of March, 1975, notwithstanding any other provision of this Act or of regulations—

(i) subsection (1) and section 17 (2) shall not apply to deliveries of live cattle, and

(ii) dealers in livestock and auctioneers (including persons operating a livestock mart) shall not be treated as persons required under this section to issue invoices in respect of the delivery of live cattle.

(b) (i) This subsection shall expire at the end of the appointed day.

(ii) In this paragraph ‘the appointed day’ means the 30th day of June, 1976, or such day before that day as the Minister may specify by order under this paragraph.

(iii) The reference in paragraph (c) of subsection (3) to an order under that subsection shall be construed as including a reference to an order under this paragraph and paragraph (c) shall have effect accordingly.”.

53. —The Third Schedule to the Value-Added Tax Act, 1972 , is hereby amended by the substitution in paragraph (iii) of Part II of “specified in section 11 (1) (a)” for “of 5.26 per cent.”and the said paragraph, as so amended, is set out in the Table to this section.

TABLE

(iii) the hiring of goods of a kind on the delivery of which, if paragraph (xxviii) of Part I of this Schedule were disregarded, tax would be chargeable at the rate specified in section 11 (1) (a);