Directive

Article 312 [Definitions - selling price, purchase price]

Article 313 [Taxable dealers - margin scheme]

Article 314 [Margin scheme applies to sale of second-hand goods, works of art etc., acquired from non-taxable person]

Article 315 [Taxable amount is dealer's margin]

Article 316 [Taxable dealer can opt to apply margin scheme to works of art, collector's items, antiques]

Article 317 [Taxable amount regarding works of art etc., is dealer's margin]

Article 318 [Simplified procedure - total profit margin]

Article 319 [Taxable dealer can apply normal VAT to any margin scheme supply]

Article 320 [Taxable dealer applying normal VAT entitled to deduction input VAT]

Article 321 [Margin scheme - exempt supplies - dispatched or transported goods, personal luggage, fuel and provisions for ships and aircraft, diplomats]

Article 322 [Taxable dealer - works of art - no entitlement to input VAT deduction]

Article 323 [Taxable dealer - no entitlement to input VAT deduction]

Article 324 [Taxable dealer must separate normal supplies and margin scheme supplies in his accounts]

Article 325 [VAT not to be shown on margin scheme invoice]

Value Added Tax Consolidation Act 2010 section 87

Margin scheme - taxable dealers

Section 87 sets out the margin scheme under which dealers in certain second-hand goods, works of art, antiques and collectors' items account for VAT only on their profit margin rather than on the full selling price.

  • The margin scheme allows qualifying taxable dealers to pay VAT on the difference between the selling price and the purchase price of margin scheme goods, with the margin treated as VAT-inclusive; if the purchase price exceeds the selling price, the margin is nil and no VAT is due.
  • Margin scheme goods are second-hand goods (including, since 1 January 2010, means of transport and agricultural machinery), works of art, collectors' items and antiques acquired from persons who were not entitled to deduct VAT on their original purchase, from other margin scheme dealers, or from insurance companies settling claims; precious metals, precious stones and scrap metal are excluded.
  • A taxable dealer may opt into an extended margin scheme covering imported works of art, collectors' items or antiques, works of art acquired from the artist or the artist's successors in title, and works of art acquired from a non-dealer accountable person, with a minimum commitment of two years; simplified globalisation arrangements apply to low-value goods where each item costs less than €635.
  • Where the margin scheme is applied, VAT must not be shown separately on the invoice, the customer has no entitlement to an input credit, and margin scheme supplies dispatched to another Member State are not zero-rated but remain subject to Irish VAT with the place of supply deemed to be where dispatch begins.

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