NAME REDACTED THE REVENUE COMMISSIONERS DETERMINATION

Similar documents
NAME REDACTED. -and- DETERMINATION

REDACTED REVENUE COMMISSIONERS DETERMINATION

NAME REDACTED REVENUE COMMISSIONERS DETERMINATION

PN 1888 Relief from Alcohol Products Tax for beer produced in qualifying microbreweries

Income Tax (Employment) Regulations 2018

BELIZE RETIRED PERSONS (INCENTIVES) ACT CHAPTER 62 REVISED EDITION 2011 SHOWING THE SUBSTANTIVE LAWS AS AT 31 ST DECEMBER, 2011

CUSTOMS TARIFF ACT CUSTOMS TARIFF ACT. Revised Laws of Mauritius. Act 59 of January 1970

RETIRED PERSONS (INCENTIVES) ACT CHAPTER 62 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000.

NAME REDACTED REVENUE COMMISSIONERS DETERMINATION

Notes for Guidance Taxes Consolidation Act 1997 Finance Act 2018 Edition - Part 39

DRIVERS AND PASSENGERS WITH DISABILITIES ORGANISATIONS TAX RELIEF SCHEME

REPUBLIC OF SOUTH AFRICA

INTERPRETATION NOTE: NO.15 (Issue 3) DATE: 10 July 2013

NAME REDACTED REVENUE COMMISSIONERS DETERMINATION

THE UNITED REPUBLIC OF TANZANIA THE MOTOR VEHICLES (TAX ON REGISTRATION AND TRANSFER) ACT CHAPTER 124 REVISED EDITION 2008

[ ] Repayments and Offsets of Taxes and Duties. 1. Scheme of repayment Finance Act 2003

REVENUE COMMISSIONERS DETERMINATION

STATUTORY INSTRUMENTS. S.I. No. 639 of 2010 VALUE-ADDED TAX REGULATIONS 2010

[1997.] Taxes Consolidation Act, [No. 39.]

THE TAMIL NADU TAX ON ENTRY OF MOTOR VEHICLES INTO LOCAL AREAS RULES, 1990 (G.O. P. No. 95, dated the 20 th February, 1990)

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$4.00 WINDHOEK - 29 December 2015 No. 5911

THE CUSTOMS TARIFF ACT

NAME REDACTED REVENUE COMMISSIONERS DETERMINATION

Vehicle Registration Tax Section 6

THE UNITED REPUBLIC OF TANZANIA THE TANZANIA REVENUE AUTHORITY ACT CHAPTER 399 REVISED EDITION 2006

Dividend Withholding Tax (DWT) Details of Scheme. Part 06-08A-01

Section 135C of the Finance Act 1992 is amended by substituting 31 December 2013 for 31 December 2012 in each place.

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

~ THE TAXATION LAWS (AMENDMENT) ACT, # No. 16 of 2007 (As passed by the Houses of Parliament) $ [26th March, 2007.]

Requirement for Security Bonds. Section 960S TCA Revised: September 2017

Νοtes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 41

NAME REDACTED REVENUE COMMISSIONERS DETERMINATION

DRIVERS AND PASSENGERS WITH DISABILITIES ORGANISATIONS TAX RELIEF SCHEME

THE COMMISSIONERS FOR HER MAJESTY S REVENUE AND CUSTOMS. - and

National University of Ireland, Dublin

The Public Health Appeals Regulations

THE PRESIDENCY. No June 2001

An Act to amend the Income Tax Act, 1973 [ ]

GOODS AND SERVICES TAX ACT

INDUSTRIAL DEVELOPMENT (INCOME TAX RELIEF) ACT

THE SPECIAL CONTRIBUTION FOR THE DEFENCE OF THE REPUBLIC LAWS 1 (AS AMENDED, 2003)

Taxation of Retirement Lump Sums

SHAREHOLDER LOANS PART II

Revenue Operational Manual VRT Section 2. Vehicle Registration Tax Section 2 Reliefs and Exemptions

Approved Profit Sharing Schemes (APSSs) and Employee Share Ownership Trusts (ESOTs)

Senate Bill No. 1 Committee of the Whole

Redacted REVENUE COMMISSIONERS DETERMINATION

TRANSFER OF RESIDENCE

GUIDE ON INCOME TAX AND THE INDIVIDUAL (2010/11)

PROVINCIAL TAX REGULATION PROCESS ACT 53 OF 2001

Number 16 of Social Welfare and Pensions Act 2014

THE SUPREME COURT IN THE MATTER OF SECTION 18 OF THE COURTS OF JUSTICE ACT 1947 THE DIRECTOR OF PUBLIC PROSECUTIONS AND

An Act to make provision for the law relating to Value Added Tax. CHAPTER I PRELIMINARY

TAX AND DUTY APPEALS MANUAL

BERMUDA PAYROLL TAX AMENDMENT ACT : 16

CHAPTER 53:03 BOTSWANA UNIFIED REVENUE SERVICE

LAW N 26/2006 OF 27/05/2006 DETERMINING AND ESTABLISHING CONSUMPTION TAX ON SOME IMPORTED AND LOCALLY MANUFACTURED PRODUCTS.

Excise. (a) Remission/Repayment of mineral oil tax on mineral oil used for the purpose of commercial sea navigation, including sea-fishing, and

Income Tax (Budget Amendment) Act 2004

1. In this Act "the Principal Act" means the Value-Added Tax Act, Section 1 of the Principal Act is hereby amended by

Senate Bill No. 1 Committee of the Whole

Annexure C Section 18A of the Income Tax Act, 1962

Number 13 of 2009 FINANCIAL SERVICES (DEPOSIT GUARANTEE SCHEME) ACT 2009 ARRANGEMENT OF SECTIONS

MEMORANDUM OF AGREEMENT (INTERNAL AGREEMENT)

IN THE TAX COURT. [1] This is an appeal referred to this court in terms of section 83A(13)(a) of

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$2.00 WINDHOEK - 30 April 2010 No Parliament Government Notice

Failure to furnish returns, comply with notices, concealment of income, etc.

This revenue procedure modifies the annual limitation on deductions for

TAX AND DUTY APPEALS MANUAL

Number 16 of 2014 SOCIAL WELFARE AND PENSIONS ACT 2014 REVISED. Updated to 1 January 2018

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

VAT overpayments and under-deductions

- and - Sitting in public at SSCS Byron House 2a Maid Marion Way Nottingham on 2 July 2014

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Procedural Guidelines for Alcohol Product Seizure

STATE OF FLORIDA DEPARTMENT OF REVENUE IN RE: THE PETITION OF DECLARATORY STATEMENT

High Income Individuals Restriction Pre- 2010

FINANCE ACT 2015 VALUE-ADDED TAX NOTES FOR GUIDANCE

TC01381: Wheels Common Investment Fund Trustees Ltd and Others

The Income Tax and GST Appeal Processes. D.P. Naban, Senior Partner 2 November 2016

TAX AND DUTY APPEALS MANUAL

MORTGAGE INSTITUTIONS ACT

Explanatory Notes to assist with the completion of Form A2

This is a reissue of BR Pub 10/21. For more information about the history of this Public Ruling see the Commentary to this Ruling.

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 8

Νοtes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 42

2010 No CLIMATE CHANGE. The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010

B. The Principal Cardholder has requested that such payment cards be issued to it for the purchase of motor vehicle items; and

Social Security Contributions and Benefits (Northern Ireland) Act 1992

[NAME REDACTED] REVENUE COMMISSIONERS DETERMINATION

Supreme Court Judgment in Droog: A Timely Decision. Introduction. John Cuddigan Tax Partner, Ronan Daly Jermyn

NAME REDACTED. -and- DETERMINATION

Government of Gujarat Finance Department, Sachivalaya, Gandhinagar Dated the 1 st, 2006

REDACTED REVENUE COMMISSIONERS DETERMINATION

UNEMPLOYMENT INSURANCE CONTRIBUTIONS ACT NO 4 OF 2002

TRANSITIONAL GUIDE TRANSITIONAL RULES. Published by: Royal Malaysia Customs Department Sales & Service Tax Division Putrajaya

1 L.R.O International Business Companies CAP. 77 CHAPTER 77 INTERNATIONAL BUSINESS COMPANIES

Finance 1 FINANCE BILL 2016

A submission to the Insolvency Service of Ireland on amendments to the Personal Insolvency Act, 2012

REPUBLIC OF SOUTH AFRICA. No. 63 of 2001: Unemployment Insurance Act as amended by Unemployment Insurance Amendment Act, No 32 of 2003

Transcription:

BETWEEN/ 32TACD2018 NAME REDACTED Appellant V THE REVENUE COMMISSIONERS Respondent DETERMINATION Introduction 1. This appeal relates to a claim for repayment of vehicle registration tax ( VRT ) in accordance with section 135D of the Finance Act 1992, as amended (hereafter FA 1992 ), known as the export repayment scheme. On 24 April 2017, the Respondent refused the Appellant s VRT claim for repayment of 901 in accordance with s.135d FA 1992 and the Appellant duly appealed. This appeal is determined in accordance with section 949U of the Taxes Consolidation Act 1997, as amended ( TCA 1997 ). Background 2. The vehicle the subject of this appeal, is a Peugeot 207, registration [REDACTED] (hereafter the vehicle ). 3. In order to claim a repayment in accordance with section 135D of the Finance Act 1992, a number of conditions must be met including; that the vehicle is a VRT category M1 vehicle, that VRT was paid in full at the time of registration, that the vehicle was examined by a competent person 30 days prior to removal from the State and that the OMSP was not less than 2,000 at the time of examination of the vehicle. All of these conditions were met and complied with. 4. In addition, section 135D(3)(b) FA 1992 requires the claimant to furnish proof that the vehicle has subsequently been registered in another Member State or has been permanently exported

outside the European Union. The only matter in issue in this appeal is whether the claimant furnished proof as part of her repayment claim, that the vehicle was subsequently registered in another Member State in accordance with 135D(3)(b) FA 1992, following the export examination on 27 February 2017. Legislation Section 146 of the Finance Act 2001 as amended; (1) Except where section 145(3) applies, any person who (a) has paid an amount of excise duty, (b) has received a notice of assessment under section 99A, or is otherwise called upon by the Commissioners to pay an amount of excise duty that, in their opinion, that person is liable to pay, or (c) has received a repayment of excise duty or has made a claim for such repayment that has been refused, and is aggrieved by any of the matters referred to in paragraphs (a) to (c), may, subject to subsection (3), in respect of the liability to excise duty concerned or the amount of that liability, or the amount of the repayment or the refusal to repay, appeal to the Appeal Commissioners in accordance with section 949I of the Taxes Consolidation Act 1997 within the period specified in subsection Section 135D, Finance Act,1992, as amended - Repayment of amounts of vehicle registration tax on export of certain vehicles. (1) The Commissioners may repay to a person an amount calculated in accordance with this section of vehicle registration tax based on the open market selling price of a vehicle which has been removed from the State, where (a) the vehicle is a category M1 vehicle, (b) the vehicle has been registered under section 131 and the vehicle registration tax has been paid, (c) the vehicle was, immediately prior to being so removed, registered under section 131, 2

(d) within 30 days prior to being so removed (i) the vehicle and any documentation to which paragraph (b) or (c) relates, and (ii) where applicable, a valid test certificate [within the meaning of the Road Traffic (National Car Test) Regulations 2014 (S.I. No. 322 of 2014)]) in respect of the vehicle, have been examined by a competent person and all relevant matters have been found by that person to be in order, (e) at the time of examination to which paragraph (d) relates, the open market selling price of the vehicle (being the price to which subsection (2) relates) is not less than 2,000, and (f) the requirements of subsection (3) have been complied with. s63 FA 20143 [(2) The amount of vehicle registration tax to be repaid shall (a) be calculated by reference to the open market selling price (being that price as determined by the Commissioners) of the vehicle at the time of the examination referred to in subsection (1)(d), and (b) include an amount that is calculated by means of one or more than one formula or other means of calculation as may be prescribed by the Minister by regulations made by him or her under section 141.] (3) A claim for repayment for an amount of vehicle registration tax under this section shall be made in such manner and in such form as may be approved by the Commissioners for that purpose and shall be accompanied by (a) documentation to prove to the satisfaction of the Commissioners that the vehicle was removed from the State within 30 days of its examination under this section, and (b) proof that the vehicle has subsequently been registered in another Member State or has been permanently exported outside the European Union. [emphasis added] (4) The amount of vehicle registration tax calculated for repayment under this section in respect of a vehicle shall be reduced to take account of (a) the net amount of any remission or repayment of that tax previously allowed on the vehicle under this Chapter, and 3

(b) an administration charge of [ 100]. Submissions and analysis 5. The relevant legislation, section 135(D)(3)(b) FA 1992, provides; A claim for repayment for an amount of vehicle registration tax under this section shall be made in such manner and in such form as may be approved by the Commissioners for that purpose and shall be accompanied by (a) documentation to prove to the satisfaction of the Commissioners that the vehicle was removed from the State within 30 days of its examination under this section, and (b) proof that the vehicle has subsequently been registered in another Member State or has been permanently exported outside the European Union. [emphasis added] 6. The Appellant has called into question the fitness for purpose of the export repayment scheme in the circumstances of the within appeal and has questioned the fairness of the legislation. The Appellant stated that, having sold her vehicle to a dealer in Northern Ireland, she anticipated that she would be eligible for a repayment of VRT under the export repayment scheme. However, she submitted that the vehicle was sold to a new owner in the Republic of Ireland and was not registered in another Member State. 7. In her letter dated June 2017 the Appellant stated, I am fully aware that I have not provided the registration details by way of proof of the vehicle being registered in another EU Member State. Thus the Appellant accepted that she did not satisfy the condition contained in Section 135(3)(b) FA 1992 as she was unable to furnish the relevant documentation. The Appellant submitted that she was unable to do so because of the circumstances of the within appeal. Conclusion 8. In appeals before the Tax Appeals Commission, the burden of proof rests on the Appellant who must prove on a balance of probabilities that the assessments are incorrect, see Menolly Homes Ltd v Appeal Commissioners and another, [2010] IEHC 49. In cases involving tax reliefs or exemptions, it is incumbent on the taxpayer to demonstrate that the taxpayer falls within the 4

relief or exemption, see Revenue Commissioners v Doorley (1933) 1 IR750 and McGarry v Revenue Commissioners (2009) ITR 131. 9. The Appellant in this appeal has not been able to demonstrate compliance with all conditions of the export repayment scheme contained in section 135D FA1992 as amended, in particular sub-section 135D(3)(b). 10. Based on a consideration of the evidence and submissions together with a review of the documentation, I determine that the Appellant has failed to furnish proof that the motor vehicle the subject of this appeal, was registered in another Member Sate following the export examination. As a result, I determine that the Appellant cannot succeed in relation to her claim for repayment. 11. The appeal is hereby determined in accordance with section 949AL TCA 1997. COMMISSIONER LORNA GALLAGHER November 2018 5