Wholesale Tax Regulations, 1966.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Wholesale Tax Regulations, 1966.
(2) These Regulations shall come into operation on the 23rd day of August, 1966.
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paragraphs: In these Regulations—
" the Act " means the Finance (No. 2) Act, 1966 (No. 22 of 1966);
" the Acts " means the Finance Act, 1963 (No. 23 of 1963), the Finance Act, 1965 (No. 22 of 1965), the Finance Act, 1966 (No. 17 of 1966) and the Finance (No. 2) Act, 1966 ;
" exempted activity " means an activity which is an exempted activity within the meaning of section 3 (5) of the Act;
" taxable goods " means goods the sale of which is not an exempted activity;
" taxable turnover " means the total amount of money received by an accountable person in respect of which he is accountable for and liable to pay wholesale tax;
reference to accountable person and accountable shall be construed by reference to section 3 of the act.
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paragraphs: (1) A person who is not an accountable person under the provisions of subsection (1) or subsection (2) of section 3 of the act shall be regarded as an accountable person if, having furnished the particulars required for registration as prescribed by Regulation 4 of these Regulations, he satisfies the Revenue Commissioners—
(a) that he is a manufacturer, and
(b) that he has used and is likely to continue to use taxable goods to the value of not less than £250 per month as materials.
(2) Where, in the case of a person who in accordance with the foregoing provisions of this Regulation has been regarded as an accountable person, a change accurs in the nature of the activities carried on by him whereby he ceases to be a manufacturer or ceases to use taxable goods to the value of not less than £250 per month as materials, he shall, within a period of nine days beginning on the day of the change, send to the Revenue Commissioners a notification of the change.
(3) Where a person who in accordance with the provisions of paragraph (1) of this Regulation has been regarded as an accountable person—
(a) ceases to be a manufacturer,
(b) ceases to use taxable goods to the value of not less than £250 per month as materials, or
(c) fails to comply with any of the provisions of the Acts or of regulations made thereunder regarding the keeping of full and true accounts, the furnishing of returns or the remitting of tax,
the Revenue Commissioners may by notice in writing served on him cancel his registration and he shall cease thereupon to be regarded as an accountable person.
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paragraphs: The particulars required for the purpose of the registration under section 4 (2) of the Act of a person who may become or who is accountable for wholesale tax shall be :
(a) the name and address of the person,
(b) the name under which the business of selling goods is carried on,
(c) in the case of a partnership—the names and addresses of the partners,
(d) in the case of a manufacturer—
(i) a description of the goods manufactured, and
(ii) a certificate to the effect that the receipts from selling taxable goods have amounted to or are likely to amount to more than £150 in any month,
(e) in the case of a wholesaler—a certificate to the effect that the receipts from selling taxable goods by wholesale have amounted to or are likely to amount to more than £500 in any month,
(f) in the case of a person proposing to satisfy the Revenue Commissioners pursuant to Regulation 3 (1) of these Regulations—
(i) a description of the taxable goods used as materials, and
(ii) particulars of the total value of such goods used as materials in the accounting year ended immediately prior to the date of the application.
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paragraphs: (1) Within nine days following the tenth day of each month commencing with the month of November, 1966, every person accountable for wholesale tax shall furnish to the Collector-General a return in writing of his taxable turnover during the preceding month, and shall at the same time remit to the Collector-General the amount of tax appropriate to that turnover.
(2) Every such return shall show the following :
(a) the total of the moneys received in respect of the sale of goods sold in the course of business (including goods sold before the 1st day of October, 1966),
(b) the total value of taxable goods purchased free of the wholesale tax in accordance with section 5 of the act or imported free of the wholesale tax in accordance with section 11 of the act and applied or appropriated otherwise than as materials or as stock in trade,
(c) the total of any deduction claimed in calculating taxable turnover on account of moneys received in respect of which section 5 of the act provides that tax shall not be chargeable,
(d) the total of any deduction claimed in calculating taxable turnover on account of moneys received in respect of any exempted activity,
(e) the total of any deduction claimed on account of selling taxable goods at current retail prices.
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paragraphs: (1) Every person accountable for wholesale tax shall keep full and true accounts of—
(a) all moneys received by him in respect of goods sold in the course of business (including goods sold before the 1st day of October, 1966).
(b) applications and appropriations of goods in respect of which the person is deemed under section 6 of the act to have received payment at the wholesale price current at the time of application or appropriation,
(c) all moneys received in respect of which section 5 of the act provides that tax shall not be charged,
(d) all moneys received in respect of any exempted activity,
(e) all sales made at current retail prices,
(f) all purchases made by the accountable person for the purposes of his business,
(g) all persons to whom the wholesale registration number has been quoted in accordance with Regulation 7 of these Regulations.
(2) The said accounts shall—
(a) in the case of applications and appropriations coming within subparagraph (b) of the foregoing paragraph, include, with respect to each application or appropriation—
(i) the date of the application or appropriation, and
(ii) the description and value of the relevant goods;
(b) in the case of transactions coming within subparagraph (c) of that paragraph, include, with respect to each transaction—
(i) the date of the transaction,
(ii) the amount of the moneys received, and
(iii) the name, address and wholesale registration number of the person from whom the moneys were received;
(c) in the case of transactions coming within subparagraph (d) of that paragraph, include, with respect to each transaction—
(i) the date of the transaction,
(ii) the description of the goods,
(iii) the amount of moneys received, and
(iv) the name and address of the person from whom the moneys were received;
(d) in the case of transactions coming within subparagraph (e) of that paragraph, include, with respect to each transaction—
(i) the date of the transaction,
(ii) the amount of the moneys received, and
(iii) the name and address of the person from whom the the moneys were received;
(e) in the case of transactions coming within subparagraph (f) of that paragraph, include, with respect to each transaction—
(i) the date of the transaction,
(ii) the description and value of the goods purchased, and
(iii) the name and address of the person from whom the goods were purchased;
(f) in the case of particulars coming within subparagraph (g) of that paragraph, include a list showing in chronological order—
(i) the name and address of each person to whom the wholesale registration number was quoted, and
(ii) the date upon which the wholesale registration number was quoted.
(3) The accounts which a person is required to keep under this Regulation shall be written up not later than the next working day following the date on which the relevant transaction took place and those accounts together with all invoices, receipts and all other documents whatsoever relating to the matters which are the subject of the accounts shall be retained by him for a period of not less than three years from the latest date to which such documents relate.
(4) Where the Revenue Commissioners are satisfied that the accounts of a registered person are kept in such a form as to enablethe amount of the taxable turnover to be computed accurately and verified, they may, by notice in writing given to the registered person, dispense him from keeping accounts in the form prescribed by paragraph (2) of this Regulation. Any such dispensation may be cancelled by notice in writing given by the Revenue Commissioners to the registered person.
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paragraphs: (1) A registered person who desires that wholesale tax shall not be charged on moneys received from him in respect of goods sold to him shall give to the person from whom the goods were bought a statement in writing signed by him quoting his wholesale registration number.
(2) The person from whom the goods were bought shall preserve the statement referred to in the foregoing paragraph for a period of three years from the date of the latest transaction to which the quotation relates.
(3) The person from whom the goods were bought shall take reasonable steps to ensure that the moneys referred to in paragraph (1) of this Regulation were in fact received from a person who had quoted his registration number in accordance with that paragraph and who is a registered person at the time of the sale.
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paragraphs: Where the Revenue Commissioners are satisfied that the moneys received by an accountable person are derived in whole or part from selling taxable goods at current retail prices, they may authorise relief so as to reduce the amount of the wholesale tax to the amount which would be payable if those sales were made at current wholesale prices in whichever of the following ways seems to them appropriate :
(a) they may authorise the taxable turnover in respect of goods sold at the current retail prices to be computed by reference to the cost price of such goods,
(b) they may authorise the taxable turnover in respect of goods sold as aforesaid to be calculated by reducing the moneys received by such percentage as seems to them appropriate,
(c) they may authorise repayment of such an amount as in their opinion would reduce the amount of wholesale tax paid in respect of any month to the amount which would have been payable if the said sales were made at current wholesale prices,
(d) they may authorise to be set off against future wholesale tax liability such an amount as in their opinion would reduce the amount of wholesale tax paid in any month to the amount which would be payable if the said sales were made at current wholesale prices.
GIVEN this 23rd day of August, 1966.
J. C. DUIGNAN,
Revenue Commissioner.
EXPLANATORY NOTE.
These Regulations, which come into force on the 23rd day of August, 1966, concern the operation of the Wholesale Tax. They prescribe procedures in relation to the following matters :
(a) registration, including the registration of certain manufacturers of exempt goods and the cancellation of such registration,
(b) the making of returns of taxable turnover and payment of tax,
(c) the accounts and records to be kept by accountable persons,
(d) the quotation of registration numbers by registered persons to suppliers,
(e) the granting of relief in respect of goods sold at current retail prices.
In addition to the above Regulations, the Regulations at present in force in regard to Turnover Tax also apply to the Wholesale Tax, save where the context otherwise requires.