FISCAL EXEMPTIONS (INSTITUTIONS OF THE EUROPEAN COMMUNITIES) [ S.L.337.46 1 SUBSIDIARY LEGISLATION 337.46 FISCAL EXEMPTIONS (INSTITUTIONS OF THE EUROPEAN COMMUNITIES) REGULATIONS 1st May, 2004 LEGAL NOTICE 288 of 2004. 1. The title of these regulations is the Fiscal Exemptions (Institutions of the European Communities) Regulations. 2. The provisions of these regulations shall apply to the: (
- a)European Parliament (
- b)Council of the European Union (
- c)European Commission (
- d)European Court Communities of Justice of the Citation. Institutions of the European Communities to which these regulations shall apply. European (
- e)European Court of Auditors (
- f)other bodies: (
- i)(
- ii)(iii) (
- iv)European Central Bank European Investment Bank European Ombudsman Any other body or organisation of the European Communities as may be approved by the Minister of Foreign Affairs and Investment Promotion in concurrence with the Minister of Finance from time to time. 3. The aforesaid Institutions of the European Communities shall be entitled to the exemptions from taxes and duties as specified herein: Fiscal exemptions. (
- a)with reference to the Import Duties Act, in terms of article 15 thereof; Cap. 337. (
- b)with reference to the Duty on Documents and Transfers Act, in terms of article 23 thereof; Cap. 364. (
- c)with reference to the Excise Duty Act, in terms of article 14
(2)thereof, provided that the provisions of that article shall also apply to the officers and classes of officers of such Institutions; Cap. 382. (
- d)with reference to the Value Added Tax Act, in terms of article 70 thereof, provided that the provisions under the Value Added Tax (Refund of Value Added Tax in terms of Diplomatic and Consular Arrangements Regulations, or such any other regulations as may be substituted therefor, shall also apply to the officers and classes of officers of such Institutions, and provided further that relief from such duty shall: Cap. 406. S.L. 406.07 2 [ S.L.337.46 FISCAL EXEMPTIONS (INSTITUTIONS OF THE EUROPEAN COMMUNITIES) (
- i)S.L. 406.07 apply on a refund basis on the value of such goods or services that amounts to no less than two hundred and forty Euro (240 Euro), including tax, per invoice in the case of purchases made by such Institutions, and on the value as provided for under Value Added Tax (Refund of Value Added Tax in terms of Diplomatic and Consular Arrangements Regulations or any such other regulations as may be substituted therefor, in the case of officers and classes of officers of such Institutions: Provided that refund of VAT on local purchases made by such Institutions shall be made on the basis of listings of the invoices which qualify for refund and which shall be made by request at the end of a calendar year by the European Communities to the Ministry of Finance. Nothing, however, shall prevent the competent VAT authorities from viewing supporting fiscal documentation: Provided further that for refund of VAT on purchases made by officers and classes of officers of such Institutions, a claim in terms of the provisions of these regulations shall be made to the Ministry of Foreign Affairs and Investment Promotion and shall not be valid unless it is accompanied by valid fiscal receipts which are required to be issued in terms of the other provisions of the said Act; (
- ii)apply on a direct exemption basis on the value of such goods and services that amounts to no less than two hundred and forty Euro (240 Euro), including tax, per invoice in the case of intracommunity purchases made by such Institutions.