Cap. 406 Art. 8Ato a related or services the recipient with (b) of (c) of (2) For another person (a) (b) (c) (d) (e) for (f) (g) for (h) (3) For that, in order to marketing stage under Member State ascertained, (a) in price, the full cost to the

(1) In respect of the supply of goods or services by a person person, the taxable amount shall be the open market value of such goods where:

(a) the consideration is lower than the open market value and of the supply does not have a full right of deduction in accordance the provisions of the Tenth Schedule; the consideration is lower than the open market value and the supplier does not have a full right of deduction in accordance with the provisions the Tenth Schedule and the supply is subject to an exemption in accordance with Part Two of the Fifth Schedule; or the consideration is higher than the open market value and the supplier does not have a full right of deduction in accordance with the provisions the Tenth Schedule.

the purpose of this item a person shall be deemed to be a "related person" to where:

that person is part of the same family as the other person; that person is an employee, including a holder of office, of the other person, and including any family member of that employee; those persons are cohabitants; those persons, directly or indirectly, jointly own and, or hold the same asset; any persons who owns and, or holds, directly or indirectly, as to more than fifty per cent (50%) of their ordinary share capital or equivalent interests, voting rights or equivalent rights, or rights to profits available distribution, by the related persons referred to in paragraphs (a) to (c); one (1) person owns and, or holds, directly or indirectly, more than fifty per cent (50%) of the ordinary share capital or equivalent interests, voting rights or equivalent rights, or rights to profits available for distribution, of the other person; those persons who own and, or hold, directly or indirectly, as to more than fifty per cent (50%) of their ordinary share capital or equivalent interests, voting rights or equivalent rights, or rights to profits available distribution, by the same person or persons; or those persons collectively own and, or hold, directly or indirectly, as to more than fifty per cent (50%) of the ordinary share capital or equivalent interests, voting rights or equivalent rights, or rights to profits available for distribution, of another person: Provided that where a person is deemed to be a "related person" to another person in accordance with this sub-item, any immediate family members of such person shall also be deemed to be a related person to the other person.

the purposes of this item, "open market value" shall mean the full amount obtain the goods or services in question at that time, a customer at the same at which the supply of goods or services takes place, would have to pay, conditions of fair competition, to a supplier at arm’s length within the territory of the in which the supply is subject to tax:

Provided that where no comparable supply of goods or services can be "open market value" shall mean the following:

respect of goods, an amount that is not less than the purchase price of the goods or of similar goods or, in the absence of a purchase cost price, determined at the time of supply; and

(b) in respect of services, an amount that is not less than the taxable person of providing the service.

Taxable value of intra-community acquisitions