Amendment No. 101 is consequential on amendment No. 103 and amendment No. 102 is related. By agreement, amendments Nos. 101, 102 and 103 may be discussed together. Is that agreed? Agreed.
SECTION 110.
I move amendment No. 101:
In page 131, line 22, after "in" to insert ", subject to subsection (3E),".
These amendments are necessary to improve the clarity of the Bill as initiated. No changes of any substance have been made in the content of section 110. The amendments have effect from 1 January 1996.
Amendment agreed to.
I move amendment No. 102:
In page 131, line 22, after "or" to insert "in".
Amendment agreed to.
I move amendment No. 103:
In page 131, to delete lines 32 to 49, and in page 132, to delete lines 1 to 46, and substitute the following:
‘"(3E) (a) Notwithstanding the provisions of section 6 (1) and of subsection (1), and subject to the provisions of subsection (3), where——
(i) a person supplies services which are exempt in accordance with section 6 and paragraph (xxiii) of the First Schedule, or
(ii) the State or a local authority supplies services of the kind referred to in paragraph (xxiii) of the First Schedule,
then an authorised officer of the Revenue Commissioners shall——
(I) where such officer is satisfied that such supply of such services has created or is likely to create a distortion of competition such as to place at a disadvantage a commercial enterprise which is a taxable person supplying similar-type services, or
(II) where such officer is satisfied that such supply of such services is managed or administered by or on behalf of another person who has a direct or indirect beneficial interest, either directly or through an intermediary, in the supply of such services,
make a determination in relation to some or all of such supplies as specified in that determination deeming -
(A) such person, the State or such local authority to be supplying such supplies as specified in that determination in the course or furtherance of business,
(B) such person, the State or such local authority to be a taxable person in relation to the provision of such supplies as specified in that determination, and
(C) such supplies as specified in that determination to be taxable supplies to which the rate specified in section 11 (1) (d) refers.
(b) Where a determination is made under paragraph (a), the Revenue Commissioners shall, as soon as may be after the making thereof, issue a notice in writing of that determination to the party concerned, and such determination shall have effect from such date as may be specified in the notice of that determination:
Provided that such determination shall have effect no sooner than the start of the next taxable period following that in which the notice issued.
(c) Where an authorised officer is satisfied that the conditions that gave rise to the making of a determination under paragraph (a) no longer apply, that officer shall cancel that determination by notice in writing to the party concerned and that cancellation shall have effect from the start of the next taxable period following that in which the notice issued.
(d) In this subsection "authorised officer" means an officer of the Revenue Commissioners authorised by them in writing for the purposes of this subsection.'.".
Amendment agreed to.
Section 110, as amended, agreed to.
NEW SECTION.
Amendment No. 104 was discussed with amendment No. 96.
I move amendment No. 104:
In page 132, before section 111, to insert the following new section:
111. —Section 10 of the Principal Act is hereby amended—
(a) by the deletion of the proviso to subsection (2), and
(b) by the insertion of the following subsection after subsection (4B) (inserted by the Act of 1992):
‘(4C) In the case of a supply of goods of the type referred to in section 3 (1) (b), where, as part of an agreement of the kind referred to in that provision, the supplier of the goods is also supplying financial services of the kind specified in subparagraph (i) (e) of the First Schedule in respect of those goods, the amount on which tax is chargeable in respect of the supply of the goods in question shall be either——
(a) the open market price of the goods, or
(b) the amount of the total consideration as specified in subsection (1) which the person supplying the goods becomes entitled to receive in respect of or in relation to such supply,
whichever is the greater.'.".
Amendment agreed to.
Acceptance of this amendment involves the deletion of section 111 of the Bill. Is that agreed? Agreed.
Section 111 deleted.