The Gazette 1994

GAZETTE

APRIL 1994

B O O K

R E V I E W S

I

concepts. For example, when explaining where the sale of services connected with property takes place it says "under this rule a Dublin auctioneer selling property in London supplies his services outside Ireland". Again, when explaining the package rule a simple example is given to illustrate the point: "For example, the sale of a teddy bear with a child's pyjamas as a unit for one price will make the pyjamas liable to VAT at 21%, rather than the zero rate." Such examples are a refreshing change from the ponderous, pedantic and sterile examples that some authors choose to demonstrate the seriousness and importance of their work. Chapter 53 of the book deals with Revenue audits and VAT inspections. This will be of great use to the student in giving him or her a knowledge of the practical application of the tax. There is a full explanation of the appeal system in Chapter 54, including an explanation of the role of the European Court of Justice and the inter-action of domestic law with the EC directives. Revenue Officials, Accountants, Lawyers The authors, so familiar themselves with the legislation and no doubt fearing a loss of accuracy, have employed a style and usage near the language of the statute often quoting directly from it. This might not appeal to all readers particularly those less versed in VAT than the authors. In addition the book - because of its size - cannot be expected to give the practitioner an insight into the more obscure points, such as composite versus multiple supplies. It would take a far more sizeable book to cover all that. The needs (but not the objectives, of course) of Revenue officials, accountants and lawyers are similar in

that all are seeking to find with ease and speed the VAT law and practice about a particular point. This need is catered for by a comprehensive index. The authors have obviously gone to pains in preparing the index with the result that the reader can get to the relevant section quickly. For example, those who want to find out about input credits will find a reference in the index not only under "I" but also under "D" - Deductible tax, and again under "R" - Relief. The thoroughness of the authors increases the reader's chances of getting to his or her target irrespective of what heading he or she uses. Because of the section-by-section format of the book, the practitioner or official will have no difficulty in finding his or her way from the text to the relevant section, order or regulation if he/she so needs. There is a useful list of the Statements of Practice on page 237. The book also has some practical and worthwhile tips such as the one for liquidators and receivers: "In a protracted liquidation or receivership the final disposal of even a small quantity of assets should be delayed, to retain VAT registration and so the right of input credit." The book is stronger on case law than the earlier editions, with the main Irish, UK and European Court of Justice decisions being given. Mr and Mrs Romplemann, Ursula Becker and Polysar are all there. Not alone are the cases listed at page 251 but they are referred to in the relevant part of the text and the index is cross-referenced to the text.

Value Added Tax

By Denis Cremins and Dermot O'Brien, published by The Institute of Taxation in Ireland, 1993, 260pp, £15 (Plus £2 P&P) Introduction The third edition of the Institute of Taxation's book on Value Added Tax, written by Denis Cremins and Dermot O'Brien , is now available from the Institute at the very reasonable price of £15. This latest edition is a neat, compact, manageable and tidy 260 pages and will be of interest to students, Revenue officials, accountants and lawyers. This book will also be of use to the student of VAT. The format is the same as that of the earlier editions. I like the way each chapter (which covers a section of the VAT Act) starts with "The Big Picture", or overview, and then goes on to deal with the detail. For example, chapter 8 starts simply and clearly "Only taxable persons are within the charge to VAT. It is necessary, therefore, for the Act to define who are taxable persons". The rest of the chapter gives the full details about taxable persons. The book is a technical one and liberally uses the language of VAT. The student who studies this book properly will find that (s)he will gain a true overall understanding of VAT law and not just a handyman's understanding of its application in particular circumstances as sometimes happens with texts on tax which shy away from being technical.

For solicitors dealing with VAT this book is a worthwhile purchase.

The student will also find many examples which illustrate the

Fergus Gannon

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