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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 21 December 2015 - onwards
Version 3 of 3

18. Distortion of competition, deemed taxable supplies, etc.

(1)

(a) Notwithstanding sections 5(1) and 52(1) but subject to section 6(1), where a person (in this subsection referred to as the "relevant person") supplies services which are exempt in accordance with section 52 and, paragraph 3(4) or 4(3) of Schedule 1, then an authorised officer (being an officer of the Revenue Commissioners authorised by them in writing for the purposes of this subsection) shall -

(i) if the officer is satisfied that that supply of those services has created or is likely to create a distortion of competition such as to place at a disadvantage a commercial enterprise which is an accountable person supplying similar-type services, or

(ii) if the officer is satisfied that that supply of those 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 those services,

make a determination in relation to some or all of such supplies as specified in that determination deeming -

(I) the relevant person to be supplying such supplies as specified in that determination in the course or furtherance of business,