I propose to take Questions Nos. 283 and 289 together.
The VAT rating of goods and services is subject to EU VAT law, with which Irish VAT law is obliged to comply. In general, the EU VAT Directive provides that all goods and services are liable to VAT at the standard rate, unless they are exempt from VAT or fall within the categories of goods and services listed in Annex III of the EU VAT Directive, to which Member States are permitted to apply lower VAT rates subject to certain rules.
Home heating oil is not included in the categories of goods and services on which the EU Directive allows a lower rate of VAT. However, the Directive allows that a Member State may retain certain long-standing VAT arrangements that they had in place, subject to strict conditions including that the terms of the historic arrangement cannot be extended. On this basis, Ireland is permitted to retain its long-standing application of its reduced VAT rate – which is currently 13.5% – to the supply of hydrocarbon oil of a kind used for domestic or industrial heating fuel.
It is not possible to apply a 9% VAT rate to home heating oil under the VAT Directive.