Directive

Article 183 [Refund where deductible VAT exceeds VAT due]

Value Added Tax Consolidation Act 2010 section 99

General provisions on refund of tax

Section 99 sets out the general rules governing refunds of VAT, including the circumstances in which refunds arise, the time limit for claims, and Revenue's powers to defer refunds or require security.

  • Where VAT paid and VAT deductible together exceed the gross VAT liability for a period, Revenue must refund the excess, and may include any interest already paid by the accountable person.
  • Revenue may defer a refund due to a person about to enter a VAT group where any member of that group has outstanding returns or unpaid VAT, and may require security as a condition of making a refund (up to the amount of the refund itself).
  • A claim for a VAT refund must be made within four years after the end of the taxable period to which it relates, although shorter time limits apply to refund claims by foreign-based traders.
  • Revenue may pay a refund directly into a bank or building society account nominated by the person, and may only make refunds of VAT under the provisions of the VAT Act or secondary VAT legislation.

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