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Revenue News – September 2011

Wednesday, September 28, 2011

by Nick Ryan

Revenue has released two e-briefs recently that are of interest.
E-brief 50/2011: VAT treatment of admission fees to Historic Houses and Gardens and certain other admissions to, and rights over, property. This appears on the surface to be of little importance though it is the consideration of a number of European Court of Justice decisions as to what constitutes a letting. In essence we have a renewed position of the license vs. Lease position that was in place prior to the introduction of the new rules for VAT on property and which was somehow lost on their introduction. Admission fees charged for entry to Historic Houses and Gardens and certain other admissions to, and rights over, property are treated for VAT purposes as exempt lettings. These changes are to be effective from 1 January 2012, planning opportunities anyone?

Also released is E-brief 49/2011: VAT – Admissions to cultural, artistic, sporting, scientific, educational, entertainment, or similar events. This briefing confirms the changes that came into effect from 1 January 2011 by which admission charges are taxable where the event actually takes place.