Decoding VAT and Excise Legislation: Unveiling the Policy Paper

Government Announces Changes to VAT and Excise Law Interpretation in Light of REUL Act

The Irish government has introduced a new measure to clarify the interpretation of VAT and excise law in light of changes made by the Retained EU Law (Revocation and Reform) Act 2023 (REUL Act). This measure aims to provide legal certainty and ensure the stability of the VAT and excise regimes in the UK. The government has announced that it will no longer be possible for any part of any UK Act of Parliament or domestic subordinate legislation to be quashed or disapplied on the basis of its incompatibility with EU law following the changes made in the REUL Act.

The draft legislation has been published by the government for technical consultation ahead of its inclusion in an upcoming Finance Bill. This consultation period will run for four weeks, starting on October 20th, 2023, and will close on November 17th, 2023. It is an opportunity for stakeholders and interested parties to provide their feedback and input on the proposed changes to the VAT and excise law.

The aim of this new measure is to ensure that UK VAT and excise legislation continues to be interpreted as Parliament intended, drawing on rights and principles that currently apply in interpreting UK law. By doing so, the government seeks to maintain the stability and certainty of the VAT and excise regimes, providing businesses and individuals with a clear understanding of their obligations and rights.

The introduction of this measure comes as the UK continues to navigate its post-Brexit landscape. With the REUL Act revoking and reforming retained EU law, it is crucial for the government to establish a framework that allows for the smooth transition and interpretation of VAT and excise law. By clarifying how these laws should be interpreted, the government aims to address any potential uncertainties or inconsistencies that may arise as a result of the changes brought about by the REUL Act.

The government’s decision to publish the draft legislation for technical consultation demonstrates its commitment to ensuring that the views and concerns of stakeholders are taken into account. This consultative approach allows for a collaborative process in shaping the final legislation, ensuring that it is robust, effective, and reflective of the needs and interests of those affected by VAT and excise law.

During the four-week consultation period, stakeholders are encouraged to provide their feedback on the draft legislation. This feedback will help inform the government’s decision-making process, enabling them to refine and improve the legislation before it is enacted.

The government’s publication of the draft legislation and its commitment to seeking input from stakeholders is a positive step towards achieving greater transparency and accountability in the development of VAT and excise law. By engaging with stakeholders, the government can ensure that the legislation is fit for purpose and that it addresses any concerns or issues that may arise.

In conclusion, the introduction of this new measure by the Irish government aims to provide legal certainty and stability in the interpretation of VAT and excise law. By clarifying how these laws should be interpreted in light of the changes made by the REUL Act, the government seeks to address any potential uncertainties or inconsistencies. The technical consultation period provides an opportunity for stakeholders to provide their feedback and input, ensuring that the final legislation is robust and reflective of the needs and interests of those affected by VAT and excise law.

Barry Caldwell

Barry Caldwell

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