Finance Act, 1963
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) Income tax shall be charged for the year beginning on the 6th day of April, 1963, at the rate of six shillings and four pence in the pound.
(2) Sur-tax for the year beginning on the 6th day of April, 1963, shall be charged in respect of the income of any individual the total of which from all sources exceeds two thousand five hundred pounds and shall be so charged at the same rates as those at which it is charged for the year beginning on the 6th day of April, 1962.
(3) The several statutory and other provisions which were in force on the 5th day of April, 1963, in relation to income tax and sur-tax shall, subject to the provisions of this Act, have effect in relation to the income tax and sur-tax to be charged as aforesaid for the year beginning on the 6th day of April, 1963.
num: 2
paragraphs: —Exemption shall be granted from income tax in respect of so much of the income of any body of persons established for the sole purpose of promoting athletic or amateur games or sports as is shown to the satisfaction of the Revenue Commissioners to be income which has been or will be applied to that purpose.
num: 3
paragraphs: —As respects tax for the year 1963-64 or a subsequent year of assessment—
(a) the following section shall be substituted for section 34 of the Income Tax Act, 1918:
num: 4
paragraphs: —Subsection (2) of section 39 of the Income Tax Act, 1918, is hereby amended by the substitution of “six hundred pounds by way of gross sum” and “two hundred and fifty pounds a year by way of annuity” for “three hundred pounds by way of gross sum” and “one hundred and thirty pounds a year by way of annuity”, respectively.
num: 5
paragraphs: —(1) In this section—
“balancing charges” means balancing charges under Part V of the Finance Act, 1959 ;
num: 6
paragraphs: —(1) Where, for any year of assessment, a person to whom this section applies is chargeable to tax under Schedule B in respect of the occupation for the purposes of husbandry of any lands—
num: 7
paragraphs: —Where a superannuation scheme is established in connection with a trade or undertaking or a superannuation scheme so established is altered and the person by whom the trade or undertaking is carried on makes, on or after the 6th day of April, 1963, a payment in respect of expenses (including a payment in respect of professional fees, but not including a payment by way of contribution towards the cost of providing the benefits payable under the scheme) in connection with such establishment or alteration, then, if the scheme or, as the case may be, the altered scheme is—
(a) operated through a fund approved, whether in whole or in part, by the Revenue Commissioners for the purposes of section 32 of the Finance Act, 1921 ,
(b) approved, whether in whole or in part, by the Revenue Commissioners under section 34 of the Finance Act, 1958 , or
(c) an excepted scheme within the meaning of subsection (2) of section 33 of the Finance Act, 1958 ,
the amount of the payment shall be allowed to be deducted in the computation, for the purposes of assessment to income tax, of the profits or gains of the trade or undertaking as an expense incurred when the payment is made:
Provided that where, in a case falling within paragraph (a) or paragraph (b) of this section, a part only of the relevant fund or scheme is approved as therein mentioned, the deduction shall be restricted to so much of the payment as is referable to that part.
num: 8
paragraphs: —(1) Where the whole or any part of any annual payment is payable out of a dividend from which, by virtue of section 7 of the Finance (Profits of Certain Mines) (Temporary Relief from Taxation) Act, 1956 , or section 9 or section 15 of the Finance (Miscellaneous Provisions) Act, 1956 , income tax either is not deductible or is deductible at a reduced rate—
(a) a payment of the annual payment, or that part thereof, as the case may be, shall be treated as not having been paid out of profits or gains brought into charge to tax and, subject to the next paragraph, Rule 21 of the General Rules shall apply accordingly,
(b) the amount of tax recoverable from the payer shall be tax on the payment which he has made calculated—
(i) if income tax was not deductible from the dividend—at the standard rate of income tax, and
(ii) if income tax was deductible from the dividend at a reduced rate—at a rate arrived at by deducting from the standard rate of income tax the rate of tax deductible from the dividend.
(2) In the foregoing subsection “annual payment” means any payment from which, apart from any insufficiency of profits or gains of the person making it, tax is deductible under Rule 19 of the General Rules.
num: 9
paragraphs: —(1) Rule 21 of the General Rules is hereby amended by the substitution of the following paragraphs for paragraph (2):
“(2) Where any such payment as aforesaid is made by or through any person, that person shall forthwith deliver to the Revenue Commissioners an account of the payment, or of so much thereof as is not made out of profits or gains brought into charge, and of the tax deducted out of the payment or out of that part thereof, and the inspector shall assess and charge the payment of which an account is so delivered on that person.
(2A) The inspector may, where any person has made default in delivering an account required by this Rule, or where he is not satisfied with the account so delivered, make an assessment according to the best of his judgment.
(2B) In paragraph (2) and (2A) of this Rule “the inspector” means such inspector of taxes as the Revenue Commissioners may direct.
(2C) All the provisions of the Income Tax Acts relating—
(a) to persons who are to be chargeable with income tax and to income tax assessments;
(b) to appeals against such assessments;
(c) to the collection and recovery of income tax; and
(d) to cases to be stated for the opinion of the High Court;
shall, so far as they are applicable, apply to the charge, assessment, collection and recovery of income tax under this Rule.”
(2) The provisions of the said Rule 21 as amended by subsection (1) of this section shall, subject to any necessary modifications, apply in the case of a payment which has been made before the passing of this Act unless at such passing the tax deducted out of the payment stands paid to the Revenue Commissioners.
num: 10
paragraphs: —(1) Subject to the provisions of this section, where a person has been assessed to tax for the year 1963-64 or a subsequent year of assessment under Rule 21 of the General Rules, in respect of a payment made wholly and exclusively for the purposes of a trade, profession or vocation, the amount on which tax has been paid under that assessment shall, for the purposes of section 14 of the Finance Act, 1929 , and section 4 of the Finance Act, 1960 , be treated as though it were a loss sustained in that trade, profession or vocation and relief in respect thereof shall be allowed accordingly:
Provided that no relief shall be allowed under this section in respect of any such payment or any part of such payment which is not ultimately borne by the person assessed or which is charged to capital.
(2) This section shall not apply to any sum assessed under the said Rule 21 by virtue of section 13 of the Finance Act, 1950 , Part V of the Finance Act, 1958 , or section 50 of the Finance Act, 1959 , or section 8 or paragraph (b) of subsection (3) of section 71 of this Act.
num: 11
paragraphs: —(1) Subsection (3) of section 21 of the Finance Act, 1920 , is hereby amended by the substitution of “of two hundred pounds a year or more and, where the child in respect of whom the deduction is to be allowed is entitled in his own right to an income exceeding eighty pounds a year, the deduction, instead of being one hundred and twenty pounds, shall be that amount reduced by the amount of the excess” for “exceeding eighty pounds a year”.
(2) Subsection (1) of this section shall come into operation on the 6th day of April, 1964.
num: 12
paragraphs: —(1) Subsection (1) of section 22 of the Finance Act, 1920 , is hereby amended by the substitution of “one hundred and twenty pounds” for “one hundred and ten pounds”.
(2) (a) Subsection (1) of section 22 of the Finance Act, 1920 , is hereby amended—
(i) by the substitution of “is less than one hundred and eighty pounds” for “does not exceed one hundred and twenty pounds”,
(ii) by the insertion of “a person whose total income from all sources is less than one hundred and eighty pounds a year and being” before “a son or daughter”,
(iii) by the addition of the following proviso: “Provided that each of the foregoing provisions of this subsection shall have effect, in a case in which the total income from all sources of the person in respect of whom the deduction is to be made exceeds one hundred and twenty pounds a year, as if, instead of specifying a deduction of sixty pounds, it specified a deduction of that amount reduced by the amount of the excess.”
(b) Paragraph (a) of this subsection shall come into operation on the 6th day of April, 1964.
num: 13
paragraphs: —(1) Section 8 of the Finance Act, 1924 , and that section as applied by subsection (9) of section 17 of the Finance Act, 1929 , shall have effect subject to the substitution in subsection (1) of “six years after the end of the year of assessment within” for “three years after the end of the year of assessment for”.
(2) Subsection (1) of this section shall not apply in relation to an assessment for a year earlier than the year 1960-61 if it was made before the 6th day of April, 1963.
num: 14
paragraphs: —Section 227 of the Income Tax Act, 1918, is hereby amended by the insertion at the end of the section of “and any person shall also be liable as aforesaid if he knowingly and wilfully aids, abets, assists, incites or induces another person to make or deliver a false or fraudulent account, return, list, declaration or statement with reference to property, profits or gains or to tax”.
num: 15
paragraphs: —Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851 , summary proceedings under section 227 of the Income Tax Act, 1918, section 7 of the Finance (No. 2) Act, 1959 , or section 9 or section 31 of the Finance Act, 1960 , may be instituted within three years from the date of the committing of the offence or incurring of the penalty (as the case may be).
num: 16
paragraphs: —(1) Where a person who has been duly required to deliver a statement of the profits or gains arising to him from any trade, profession or vocation fails to deliver the statement, or where the Revenue Commissioners are not satisfied with the statement delivered by any such person, the Revenue Commissioners may serve on that person a notice in writing or notices in writing requiring him to do any of the following things, that is to say—
(a) to deliver to an inspector of taxes copies of such accounts (including balance sheets) relating to the trade, profession or vocation as may be specified or described in the notice within such period as may be therein specified, including, where the accounts have been audited, a copy of the auditor's certificate;
(b) to make available, within such time as may be specified in the notice, for inspection by an inspector of taxes or by any officer authorised by the Revenue Commissioners, all such books, accounts and documents in his possession or power as may be specified or described in the notice, being books, accounts and documents which contain information as to transactions of the trade, profession or vocation.
(2) The inspector of taxes or other officer may take copies of, or extracts from, any books, accounts or documents made available for his inspection under this section.
num: 17
paragraphs: —(1) Every person carrying on a trade or business who, in the ordinary course of the operations thereof, receives or retains money in such circumstances that interest becomes payable thereon which is paid or credited without deduction of income tax, and, in particular, every person carrying on the trade or business of banking, shall, if required to do so, by notice from an inspector of taxes, make and deliver to the said inspector of taxes, within the time specified in the notice, a return of all interest paid or credited by him as aforesaid during a year specified in the notice in the course of his trade or business or any such part of his trade or business as may be so specified, giving the names and addresses of the persons to whom the interest was paid or credited and stating, in each case, the amount of the interest:
Provided that—
(a) no interest paid or credited to any person shall be required to be included in any such return if the total amount of the interest paid or credited to that person which would otherwise have fallen to be included in the return does not exceed £15; and
(b) the year specified in a notice under this subsection shall not be a year ending more than three years before the date of the service of the notice.
(2) Without prejudice to the generality of so much of subsection (1) of this section as enables different notices to be served thereunder in relation to different parts of a trade or business, separate notices may be served under that subsection as respects the transactions carried on at any branch or branches respectively specified in the notices, and any such separate notice shall, if served on the manager or other person in charge of the branch or branches in question, be deemed to have been duly served on the person carrying on the trade or business; and where such a separate notice is so served as respects the transactions carried on at any branch or branches, any notice subsequently served under the said subsection (1) on the person carrying on the trade or business shall not be deemed to extend to any transaction to which the said separate notice extends.
(3) This section shall, with any necessary adaptations, apply in relation to the Post Office Savings Bank as if it were a trade or business carried on by the Minister for Posts and Telegraphs.
This subsection shall have effect notwithstanding anything in section 4 of the Post Office Savings Bank Act, 1861 , but save as aforesaid that section shall remain in full force and effect.
(4) The foregoing provisions of this section shall apply to interest paid or credited on or at any time after the 6th day of April, 1962, and only to money received or retained in the State, and, if a person to whom any interest is paid or credited in respect of any money received or retained in the State by notice in writing served on the person paying or crediting the interest—
(a) declares that the person who was beneficially entitled to that interest when it was paid or credited was not then ordinarily resident in the State, and
(b) requests that the interest shall not be included in any return under this section,
the person paying or crediting the interest shall not be required to include the interest in any such return.
num: 18
paragraphs: —(1) Paragraph (2) of Rule 18 of the General Rules is hereby amended by the insertion at the end of the paragraph of “in a case in which the grant of probate or letters of administration was made in that year, and no such assessment shall be made later than two years after the expiration of the year of assessment in which such grant was made in any other case, but the foregoing provisions of this paragraph shall have effect subject to the proviso that where the executor or administrator lodges a corrective affidavit for the purpose of assessment of estate duty after the year of assessment in which the deceased person died, such assessment may be made at any time before the expiration of two years after the end of the year of assessment in which the corrective affidavit was lodged”.
(2) Subsection (4) of section 8 of the Finance Act, 1925 , is hereby amended by the insertion at the end of the subsection of “in a case in which the grant of probate or letters of administration was made in that year, and none of such acts and things may be done later than the end of the second year after the year of assessment in which such grant was made in any other case, but the foregoing provisions of this subsection shall have effect subject to the proviso that where the executor or administrator lodges a corrective affidavit for the purpose of assessment of estate duty after the year of assessment in which the deceased person died, any such act or thing may be done at any time before the expiration of two years after the end of the year of assessment in which the corrective affidavit was lodged”.
(3) Neither of the foregoing subsections of this section shall apply in a case in which the deceased person died before the 6th day of April, 1960, and the executor or administrator had fully administered the estate and distributed the assets of the deceased person before the 23rd day of April, 1963.
num: 19
paragraphs: —In relation to a company licensed under the Insurance Act, 1936 , to carry on assurance business, section 7 of the Finance Act, 1935 , shall have effect as if paragraph (e) contained in subsection (1) thereof were amended by the deletion of subparagraph (ii).
num: 20
paragraphs: —Subsection (6) of section 12 of the Finance (Miscellaneous Provisions) Act, 1956 , shall apply to each of the five consecutive years of assessment, the first of which is the year of assessment immediately following the company's last year of claim for the purposes of that subsection within the meaning of section 10 of that Act, as if—
(a) each of those years were a year of claim, and
(b) for “reduced by twenty-five per cent.” in paragraph (a) of the said subsection (6) there were substituted—
(i) in the case of the first of those years, “reduced by twenty per cent.”,
(ii) in the case of the second of those years, “reduced by fifteen per cent.”,
(iii) in the case of the third of those years, “reduced by ten per cent.”,
(iv) in the case of the fourth and fifth of those years, “reduced by five per cent.”.
num: 21
paragraphs: —(1) Where two or more assessments fall to be made on a person under Schedule A, B, D or E, or under two or more of those Schedules,—
(a) the tax in the assessments may be stated in one sum,
num: 22
paragraphs: —(1) After assessments to income tax and sur-tax have been made, the inspectors of taxes shall transmit particulars of the sums to be collected to the Collector-General for collection, and references in the Income Tax Acts to duplicates of assessments delivered to collectors shall be construed as including references to particulars so transmitted.
(2) Subsection (1) of this section shall not apply to sums to be collected in respect of assessments to income tax made before the 6th day of April, 1964, where particulars of the sums are contained in duplicates of assessments delivered to the collectors of taxes appointed under section 7 of the Finance Act, 1934 .
num: 23
paragraphs: —(1) A collector, to be known as the Collector-General, shall be appointed by the Revenue Commissioners from their officers and shall hold office as the Collector-General at their will and pleasure.
(2) The Collector-General shall collect and levy the tax from time to time charged in all assessments to income tax and sur-tax of which particulars have been transmitted to him under the preceding section.
(3) (a) The Revenue Commissioners may nominate persons to exercise on behalf of the Collector-General and at his direction the powers contained in sections 162, 164 and 199 of the Income Tax Act, 1918.
(b) Those powers, as well as being exercisable by the Collector-General, shall also be exercisable on his behalf and at his direction by persons nominated under this subsection.
(c) A person shall not be nominated under this subsection unless he is an officer or employee of the Revenue Commissioners.
(4) Paragraph (c) of subsection (1) of section 190 of the Income Tax Act, 1918, and subsection (3) of section 7 of the Finance Act, 1934 , are each hereby amended by the insertion of “or Revenue Commissioners” after “Special Commissioners”.
(5) Subsection (1) of this section shall have effect notwithstanding section 7 of the Finance Act, 1934 , but shall not affect the operation of that section.
(6) Sections 172, 175, 176, 177, 178, 179, 180 and 184 of the Income Tax Act, 1918, shall not apply to the Collector-General.
(7) If and so long as the office created by subsection (1) of this section is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, a person nominated in that behalf by the Revenue Commissioners from their officers shall act as the Collector-General, and any reference in this or any other Act to the Collector-General shall be construed as including, where appropriate, a reference to a person nominated under this subsection.
(8) The Revenue Commissioners may revoke a nomination under this section.
num: 24
paragraphs: —(1) Subsection (2) of section 187 of the Income Tax Act, 1918, is hereby amended by the substitution of “inspector of taxes” for “special commissioners”.
(2) Subsection (1) of section 196 of the Income Tax Act, 1918, is hereby amended by the substitution of “judge of the Circuit Court in whose circuit is situate, in the case of (a) a person who is not resident in the State, (b) the estate of a deceased person, (c) an incapacitated person, or (d) a trust, the place where the assessment was made and, in any other case, the place to which the notice of assessment was addressed” for “recorder or county court judge, as the case may be, having jurisdiction in the place where the assessment was made”.
num: 25
paragraphs: —(1) Subsection (2) of section 3 of the Finance Act, 1928 , is hereby amended by the substitution of “on the first day of January in the year of assessment” for “on or before the first day of January next after the end of the year of assessment” and by the substitution of “made” for “signed and allowed” in both places where the latter words occur in the subsection.
(2) (a) Subsections (2) and (3) of section 11 of the Finance Act, 1961 , are hereby amended by the substitution of “year of assessment” for “preceding year” wherever the latter words occur.
(b) Accordingly—
(i) notices given before the commencement of this Act for the purposes of that section stating that income tax will be deductible from emoluments paid in the year 1963-64, and
(ii) notices so given stating that it is not practicable to give effect to an election for such deductions,
shall have effect as if they were notices given for the purposes of that section as amended by this section.
(3) Where sur-tax is payable by a person for the year 1962-63 and for the year 1963-64, the amount of the sur-tax for the year 1962-63 shall, if it exceeds the sur-tax payable for the year 1963-64, be reduced by an amount equal to the sur-tax payable for the year 1963-64, and shall, if less than, or equal to, the sur-tax payable for the year 1963-64, be remitted.
num: 26
paragraphs: —(1) References in subsections (1), (2) and (5) of section 7 of the Income Tax Act, 1918, and subsection (1) of section 22 of the Finance Act, 1922 , to the special commissioners shall be construed as references to an inspector of taxes and the reference in subsection (3) of the said section 7 to the special commissioners shall be construed as a reference to the Revenue Commissioners.
(2) The following subsection is hereby substituted for subsection (7) of section 7 of the Income Tax Act, 1918:
“(7) An inspector of taxes may amend any assessment made under this section (including an assessment made before the 6th day of April, 1963) or make an assessment or an additional assessment at any time in respect of any year of assessment (including a year of assessment earlier than the year 1963-64, but not earlier than the year 1922-23).”
(3) Subsection (5) of section 54 of the Finance Act, 1958 , is hereby amended by the insertion in paragraph (a) of “or sur-tax” after “income tax”.
(4) Subsection (6) of section 14 of the Finance Act, 1962 , is hereby amended by the insertion after “income tax” of “or sur-tax” and by the deletion of “sur-tax or”.
num: 27
paragraphs: —(1) Where—
(a) the total income of an individual from all sources includes income from any source or sources which is to be computed on the basis of the actual amounts receivable in the year of assessment or where any deductions allowable on account of any annual sums paid out of the property or profits of an individual are to be allowed as deductions in respect of the year in which they are payable, and
(b) an assessment to sur-tax is being made before the end of the year of assessment to which such assessment to sur-tax relates,
the inspector of taxes in making the assessment shall, in computing the total amount of income assessable to sur-tax, estimate the amount of income from each such source or the amount of any such allowable deductions and, in making any such estimate, he shall have due regard to any corresponding amount of income or allowable deductions in the year immediately preceding the year of assessment.
(2) Where—
(a) an estimate has been made under subsection (1) of this section,
(b) notice of an appeal against the assessment to sur-tax has not been given, and
(c) the person assessed gives to the inspector of taxes within a period of one year from the end of the year of assessment particulars of the correct amount of the income or deductions in respect of which the estimate was made,
the inspector of taxes shall adjust the assessment by reference to the difference between the correct amount of income assessable to sur-tax and the amount of the assessment, and any amount of sur-tax overpaid shall be repaid.
num: 28
paragraphs: —Where an appeal relating to sur-tax is taken and the Special Commissioners are of opinion that the amount of sur-tax charged in any assessment exceeds the amount of sur-tax which will be payable when the appeal is finally determined—
(a) the Special Commissioners shall order payment of such reduced amount of sur-tax as in their opinion is just, having regard to the information available,
(b) that reduced amount of sur-tax shall be collected and paid in all respects as if it was sur-tax charged in an assessment which had become final and conclusive,
(c) when the amount of sur-tax correctly chargeable has been finally determined, any balance of sur-tax chargeable in accordance with the determination shall be payable or any tax overpaid shall be repaid, as the case may require.
num: 29
paragraphs: —(1) The Minister for Finance may make regulations providing for the temporary importation of motor vehicles without payment of customs duty, in such circumstances and subject to such conditions as may be specified in the regulations.
(2) Where a person contravenes, whether by act or omission, a condition under a regulation under this section, such person, without prejudice to any other penalty to which he may be liable, shall be guilty of an offence under the Customs Acts and shall be liable on summary conviction thereof to a penalty of one hundred pounds; and the motor vehicle shall be liable to forfeiture and the offender may either be detained or proceeded against by summons.
(3) For the purposes of this section “motor vehicle” means a mechanically propelled vehicle (including a bicycle and a tricycle) which derives its motive power from an internal combustion engine or from an electric motor and includes any vehicle which is designed, constructed and suitable for traction on a road by a mechanically propelled vehicle.
num: 30
paragraphs: —The power under section 16 of the Inland Revenue Act, 1880 , and the Finance Act, 1918 , to defer the time for payment of beer duty may, in the case of lager beer which is kept for a period of at least three months in the premises in which it is brewed, be exercised so as to permit payment of duty on the beer to be deferred to a date not later than the 25th day of the fourth month after the month in which the duty was charged.
num: 31
paragraphs: —(1) The Minister for Finance, whenever he considers that it is necessary or expedient to relieve any goods from customs duties chargeable with a view to conforming with an international convention or agreement to which the State is a party and which relates to matters other than commercial relations, may by order provide for the relief of those goods from all or any of those duties in such circumstances and subject to such conditions as may be specified in the order.
(2) An order made under this section may provide for the repayment of any duty paid on goods provided that the goods could, on the date on which the duty was paid, have been imported or delivered without payment of duty in accordance with an order made under this section.
(3) Where a person contravenes, whether by act or omission, a condition specified in an order under this section, such person, without prejudice to any other penalty to which he may be liable, shall be guilty of an offence under the Customs Acts and shall be liable on summary conviction thereof to a penalty of one hundred pounds; and any article in respect of which the offence was committed shall be liable to forfeiture and the offender may either be detained or proceeded against by summons.
(4) The Minister for Finance may by order revoke or amend an order made under this section.
(5) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days upon which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
num: 32
paragraphs: —Subsection (2) of section 2 of the Betting Act, 1931 , is hereby amended by the substitution of “one hundred pounds” for “five hundred pounds”.
num: 33
paragraphs: —(1) Any person who is liable to pay dog duty may elect to pay an annual sum of £10 in respect of such duty in lieu of the rate specified in subsection (1) of section 37 of the Finance Act, 1925 , and this amount shall be paid and collected through the Post Office by means of a general licence to be taken out annually by such person.
(2) Any person who pays a sum of £10 and takes out a general licence in accordance with this section shall be deemed to have paid dog duty in respect of all dogs kept by him during the whole or any part of the year to which the general licence relates.
(3) Any reference to a licence in section 38 of the Finance Act, 1925 , shall be construed as including a reference to a general licence provided for by this section.
(4) The foregoing subsections of this section shall come into operation on the 1st day of January, 1964.
num: 34
paragraphs: —(1) Section 186 of the Customs Consolidation Act, 1876 , is hereby amended by the substitution of “whichever is the greater” for “at the election of the Commissioners of Customs”.
(2) Subsection (1) of section 3 of the Customs Act, 1956 , is hereby amended by the substitution of “whichever is the greater” for “at the election of the Revenue Commissioners”.
(3) Where in any enactment of the Customs Acts, other than the enactments specified in the foregoing subsections of this section, there occurs a provision under which the Revenue Commissioners may elect between alternative penalties, the enactment shall have effect as if, instead of providing for such election, it provided for the imposition of the greater of the penalties.
(4) The following provisions shall, notwithstanding any other enactment, have effect in relation to an offence under section 186 of the Customs Consolidation Act, 1876 , section 3 of the Customs Act, 1956 , or any enactment of the Customs Acts amended by subsection (3) of this section—
(a) an estimated value of the goods shall be stated in the summons, information or charge,
(b) the defendant may, by notice to the prosecution given before the commencement of the period of four days ending immediately before the date fixed for the hearing of the proceedings in the District Court (or given later by permission of that Court), challenge the estimated value,
(c) if the estimated value is not challenged—
(i) in case treble the estimated value exceeds one hundred pounds, the offence shall be tried on indictment, and
(ii) at the trial of the offence, whether on indictment or summarily, the estimated value shall be taken conclusively as being the value of the goods, without any further evidence of that value,
(d) if the estimated value is challenged—
(i) the justice of the District Court shall, before proceeding with the hearing, determine the value of the goods and the value so determined shall be final and not appealable,
(ii) where treble the value so determined exceeds one hundred pounds, the offence shall be tried on indictment,
(iii) at the trial of the offence, whether on indictment or summarily, the value so determined shall be taken conclusively as being the value of the goods, without any further evidence of that value,
(e) in estimating or determining pursuant to this subsection the value of the goods, that value shall be taken as the price which the goods might reasonably be expected to have fetched, after payment of any duty chargeable thereon, if they had been sold on the open market at or about the date of the commission of the offence.
(5) An offence under any enactment of the Customs Acts, other than an enactment referred to in the foregoing subsections of this section, shall be tried on indictment if the penalty exceeds or may exceed one hundred pounds.
(6) Nothing in the foregoing subsections of this section shall prevent—
(a) any action or other proceeding being brought under section 38 of the Finance Act, 1924 , or
(b) any action, information or proceeding being brought in the High Court under section 11 of the Customs and Inland Revenue Act, 1879 .
(7) In any application of subsection (4) of this section in relation to section 15 of the Tobacco Act, 1840, or section 106 of the Customs Consolidation Act, 1876 —
(a) the references in the subsection to the value of the goods shall be construed as references to the amount or value of drawback sought or claimed,
(b) paragraph (e) of the subsection shall not apply.
(8) In every case tried on indictment by virtue of this section, the Attorney-General or the accused person shall be entitled on application to have the case sent forward to the Central Criminal Court.
(9) The definition of “Justice” in section 284 of the Customs Consolidation Act, 1876 , is hereby amended by the addition thereto of “and shall also, in relation to a case tried in the Central Criminal Court, be construed as including a reference to the judge of that Court”.
(10) Section 232 of the Customs Consolidation Act, 1876 , is hereby amended by the addition of the following sentence: “The requirement of committal contained in this section shall have effect subject to the proviso that there shall be a discretion to allow a period not exceeding three months for payment of the penalty and, where such a period is allowed, the offender shall not be committed if the penalty is paid during that period.”
(11) Section 1 of the Probation of Offenders Act, 1907 , shall not apply in relation to offences under the Customs Acts.
num: 35
paragraphs: —The Imposition of Duties (No. 133) (Matches) Order, 1963 , is hereby confirmed.
num: 36
paragraphs: —(1) Subsection (1) of section 33 of the Finance Act, 1935 , is hereby amended by the substitution of “one thousand pounds” for “five hundred pounds”.
(2) This section shall have effect only in relation to persons dying after the passing of this Act.
num: 37
paragraphs: —(1) Section 35 of the Finance Act, 1941 , shall not apply or have effect in respect of any accounting period ending on or after the 1st day of January, 1962, and in lieu thereof, the following provisions shall, subject to the next subsection, apply and have effect in respect of every such accounting period:
(i) subsection (1) of section 52 of the Finance Act, 1920 , shall be construed and have effect as if “fifteen per cent.” were substituted for “five per cent.”;
(ii) paragraph (a) of the proviso to that subsection shall be construed and have effect as if “tax shall be charged at a rate of five per cent. on so much of the profits as does not exceed two thousand five hundred pounds, and where the profits are profits arising in some shorter accounting period, tax shall be charged at a rate of five per cent. on such amount of the profits as bears to two thousand five hundred pounds” were substituted for “no tax shall be charged on the first five hundred pounds thereof, and where the profits are profits arising in some shorter accounting period, no tax shall be charged on such amount of the profits as bears to five hundred pounds”;
(iii) paragraph (b) of that proviso shall be construed and have effect as if “twenty per cent.” were substituted for “ten per cent.”
(2) In the case of any such accounting period which began before the 1st day of January, 1962, the profits shall be apportioned between the part of the period before that day and the part thereof after the 31st day of December, 1961, in proportion to the respective lengths of those parts and—
(a) as respects so much of the profits as is apportioned to the first-mentioned part, corporation profits tax shall be charged thereon at the rate of ten per cent., provided that no tax shall be charged on so much thereof as bears to two thousand five hundred pounds the same proportion as that part bears to twelve months,
(b) as respects so much of the profits as is apportioned to the second-mentioned part, corporation profits tax shall be charged thereon at the rate of fifteen per cent., provided that tax shall be charged at the rate of five per cent. on so much thereof as bears to two thousand five hundred pounds the same proportion as that part bears to twelve months,
(c) the amount of tax payable by a company incorporated by or under the laws of the State shall in no case exceed the sum of the following amounts:
(i) the amount represented by fifteen per cent. of the balance of the profits apportioned to the first-mentioned part remaining after allowing such proportion of the deductions specified in paragraph (b) of the proviso to subsection (1) of section 52 of the Finance Act, 1920 , as would be appropriate to that part if those deductions were apportioned in the same manner as the profits are required by this subsection to be apportioned, and
(ii) the amount represented by twenty per cent, of the balance of the profits apportioned to the second-mentioned part remaining after allowing such proportion of those deductions as would be appropriate to that part if those deductions were apportioned as aforesaid.
(3) (a) This subsection applies where the profits of the accounting period in question do not exceed—
(i) in case that accounting period is a period of twelve months—two thousand five hundred pounds, and
(ii) in case that accounting period is a period of less than twelve months—a sum which bears the same proportion to two thousand five hundred pounds as the length of the accounting period bears to twelve months.
(b) One-half of so much of the corporation profits tax chargeable for an accounting period beginning before and ending on or after the 1st day of January, 1962, as is referable to the profits apportioned pursuant to subsection (2) of this section to the part of that accounting period after the 31st day of December, 1961, shall not be payable.
(c) One-half of the corporation profits tax chargeable for an accounting period beginning on or after the 1st day of January, 1962, and ending on or before the 31st day of December, 1963, shall not be payable.
(d) One-half of so much of the corporation profits tax chargeable for an accounting period beginning before and ending on or after the 1st day of January, 1964, as is referable to the profits apportioned to the part of that accounting period before that day shall not be payable.
(e) For the purpose of paragraph (d) of this subsection, the profits apportioned to a part of an accounting period shall be the part of the profits of the accounting period apportioned to that part on an apportionment of the profits of the accounting period between that part and the remainder of the accounting period in proportion to the respective lengths of that part and such remainder.
(4) (a) Where the profits of an accounting period mentioned in paragraph (c) of the immediately preceding subsection exceed the sum which bears to two thousand five hundred pounds the same proportion as the length of the accounting period bears to twelve months, the tax payable for the accounting period shall not exceed the aggregate of—
(i) the amount of tax which would have been payable if the profits of the accounting period had not exceeded the said sum, and
(ii) one-quarter of the amount by which the profits exceed the said sum.
(b) Where, in the case of an accounting period mentioned in paragraph (b) or (d) of the immediately preceding subsection, the profits apportioned to the part of the accounting period after the 31st day of December, 1961, or, as the case may be, before the 1st day of January, 1964, exceed the sum which bears to two thousand five hundred pounds the same proportion as the length of that part bears to twelve months, the tax payable on those profits shall not exceed the aggregate of—
(i) the amount of tax which under the said paragraph (b) or paragraph (d) would have been payable on those profits if they had not exceeded the said sum, and
(ii) one-quarter of the amount by which those profits exceed the said sum.
(5) Any additional corporation profits tax payable by virtue of the alterations in the law made by this section in respect of any accounting period ending on or after the 1st day of January, 1962, may be assessed and recovered notwithstanding that corporation profits tax has already been assessed in respect of that period.
num: 38
paragraphs: —Section 227 of the Income Tax Act, 1918, shall apply to corporation profits tax and, notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851 , summary proceedings under that section as so applied may be instituted within three years from the date of the committing of the offence.
num: 39
paragraphs: —Subsection (10) of section 13 of the Finance (Miscellaneous Provisions) Act, 1956 , shall apply to any accounting period or part of an accounting period of the company within the period of five years commencing on the 1st day of October, 1961, as if—
(a) “accounting period”, wherever occurring in that subsection, referred to it, and
(b) for “reduced by twenty-five per cent.” in paragraph (a) of the said subsection (10) there were substituted—
(i) in case it is an accounting period or part of an accounting period within the first of those years, “reduced by twenty per cent.”,
(ii) in case it is an accounting period or part of an accounting period within the second of those years, “reduced by fifteen per cent.”,
(iii) in case it is an accounting period or part of an accounting period within the third of those years, “reduced by ten per cent.”,
(iv) in case it is an accounting period or part of an accounting period within the fourth and fifth of those years, “reduced by five per cent.”.
num: 40
paragraphs: —(1) The stamp duty charged by the Stamp Act, 1891, under the heading “Bill of Lading” in the First Schedule to that Act shall cease to be chargeable.
(2) This section shall come into operation on the 1st day of August, 1963, or the date of the passing of this Act, whichever is the later.
num: 41
paragraphs: —The First Schedule to the Stamp Act, 1891, shall have effect as if the following exemption were inserted therein under the heading “Bill of Exchange or Promissory Note”:
“Bill drawn on any form supplied by the Revenue Commissioners for the purpose of remitting amounts of turnover tax”.
num: 42
paragraphs: —(1) Subsection (4) of section 33 of the Finance Act, 1961 , shall not apply to a conveyance or transfer to a body corporate incorporated in the State otherwise than under the Companies Acts, 1908 to 1959, and subsection (4) of section 34 of that Act shall not apply to a lease to such a body.
(2) This section shall come into operation on the 1st day of August, 1963, or the date of the passing of this Act, whichever is the later.
num: 43
paragraphs: — Section 19 of the Finance Act, 1950 , is hereby amended—
(a) by the substitution in subsection (1) of “a business of issuing policies of insurance” for “industrial assurance business”,
(b) by the substitution in subsection (3) of “the business to which the agreement relates” for “its industrial assurance business”.
num: 44
paragraphs: —(1) Conveyances or transfers of stocks or marketable securities, instead of being chargeable with stamp duty at the rates in force immediately before the commencement of this section, shall be chargeable with that duty at the following rates:
When the amount or value of the consideration for the sale does not exceed
exceed £1 5s.
3d.
Exceeds £1 5s. and does not exceed £2 10s.
6d.
”
£2 10s.
”
”
”
”
£3 15s.
9d.
”
£3 15s.
”
”
”
”
£5
1s.
”
£5
”
”
”
”
£10
2s.
”
£10
”
”
”
”
£15
3s.
”
£15
”
”
”
”
£20
4s.
”
£20
”
”
”
”
£35
5s.
”
£35
”
”
”
”
£60
10s.
”
£60
”
”
”
”
£80
15s.
”
£80
”
”
”
”
£100
20s.
”
£100
”
”
”
”
£125
25s.
”
£125
”
”
”
”
£150
30s.
”
£150
”
”
”
”
£175
35s.
”
£175
”
”
”
”
£200
40s.
”
£200
”
”
”
”
£225
45s.
”
£225
”
”
”
”
£250
50s.
”
£250
”
”
”
”
£275
55s.
”
£275
”
”
”
”
£300
60s.
”
£300
For every £50, and also for any fractional part of £50, of such amount or value
10s.
(2) This section shall come into operation on the 1st day of August, 1963, or the date of the passing of this Act, whichever is the later.
num: 45
paragraphs: —(1) The Revenue Commissioners may, if they in their discretion so think proper, enter into an agreement with any local authority to which this section applies for the composition, in accordance with the following provisions of this section, of the stamp duty chargeable under the heading “Bill of Exchange or Promissory Note” in the First Schedule to the Stamp Act, 1891, on instruments drawn by the local authority on their banker on forms provided by themselves.
(2) Any such agreement shall be in such form and on such terms and shall contain such conditions as the Revenue Commissioners think proper and, in particular, the agreement shall require the local authority to deliver to the Revenue Commissioners periodical accounts in respect of the instruments to which it relates giving particulars of those instruments.
(3) While any such agreement remains in force, any instrument to which it relates and which bears such indication of the payment of stamp duty as the Revenue Commissioners may require shall not be chargeable with stamp duty, but, in lieu thereof and by way of composition, the local authority who have entered into the agreement shall pay to the Revenue Commissioners, on the delivery of any account under the agreement, such sums as would, but for the provisions of this section, have been chargeable by way of stamp duty on instruments to which the agreement relates drawn during the period to which the account relates.
(4) Where the local authority concerned make default in delivering any account required by any such agreement or in paying the duty payable on the delivery of any such account, they shall be liable to a fine not exceeding fifty pounds for any day during which the default continues and shall also be liable to pay, in addition to the duty, interest thereon, which shall be recoverable in the same manner as if it were part thereof, at the rate of five per cent. per annum from the date when the default begins.
(5) This section applies to the following local authorities:
(a) the council of a county,
(b) the corporation of a county or other borough,
(c) the Dublin Health Authority,
(d) the Cork Health Authority,
(e) the Limerick Health Authority,
(f) the Waterford Health Authority.
num: 46
paragraphs: —In this Part of and the First Schedule to this Act, save where the context otherwise requires—
“body of persons” has the same meaning as is given to that expression in section 237 of the Income Tax Act, 1918;
“goods” has the same meaning as in the Sale of Goods Act, 1893 ;
“hotel” includes any guest house, holiday hostel, holiday camp, motor hotel, motel, coach hotel, motor inn, motor court or tourist court;
“month” means any of the months January to December;
“secretary” includes such persons as are mentioned in subsection (1) of section 106 of the Income Tax Act, 1918, and subsection (1) of section 55 of the Finance Act, 1920 ;
“tax” means tax chargeable by virtue of this Part of this Act.
num: 47
paragraphs: —(1) With effect on and from the 1st day of November, 1963, a tax, to be called turnover tax, shall, subject to this Part of this Act and the regulations thereunder, be charged, levied and paid—
(a) on moneys received in respect of all or any of the following activities:
(i) sale of goods sold in the course of business (including goods sold before the 1st day of November, 1963),
(ii) hire of goods hired in the course of business (including goods hired before the 1st day of November, 1963),
(iii) provision of services provided in the course of business (including services provided before the 1st day of November, 1963),
(iv) acceptance of bets made or entered into with the holder of a bookmaker's licence under the Betting Act, 1931 ,
(v) acceptance of stakes staked by means of a totalisator to which a licence under the Totalisator Act, 1929 , relates,
(vi) acceptance of stakes staked at gaming to which a licence under Part III of the Gaming and Lotteries Act, 1956 , relates,
(vii) issue of tickets or coupons issued for the purpose of a lottery to which a licence under Part IV of the Gaming and Lotteries Act, 1956 , relates,
(viii) acceptance of entry fees in respect of crossword puzzles, competitions and contests promoted through the medium of newspapers and other publications,
(ix) entertainments as defined in Section 1 of the Finance (New Duties) Act, 1916 (including any ball or dance);
(b) on goods imported into the State.
(2) For the purposes of subsection (1) of this section, the moneys received in respect of the acceptance of bets made or entered into with the holder of a bookmaker's licence under the Betting Act, 1931 , shall be the aggregate of the sums of money which by the terms of the bets such holder will be entitled to receive, retain or take credit for if the events which are the subjects of the bets are determined in his favour.
(3) In a case in which the moneys received by the person providing an entertainment referred to in subsection (1) of this section have not in any month exceeded, and are not likely in any month to exceed, £100, and he has hired the premises in which the entertainment takes place, the reference in that subsection to the moneys received in respect of the entertainment shall be construed as a reference to the moneys received by the proprietor of those premises in respect of the hiring.
(4) Moneys received from sales of goods sold by a club or other body of persons to any of its members shall be liable to tax to the same extent as if the sales were made to persons who are not members.
(5) Tax shall not be chargeable under subsection (1) of this section on moneys received in respect of the sale of goods delivered to or the provision of services provided for persons outside the State or on moneys received in respect of admissions to sporting events or in respect of the hiring of premises for the purpose of sporting events.
num: 48
paragraphs: —(1) Save as otherwise provided by this Part of this Act, the person accountable for and liable to pay tax shall be—
(a) in the case of goods sold—the seller,
(b) in the case of goods hired—the person from whom the hirer hired the goods,
(c) in the case of the provision of services—the provider,
(d) in the case of the acceptance of bets made or entered into with the holder of a bookmaker's licence under the Betting Act, 1931 —such holder,
(e) in the case of the acceptance of stakes staked by means of a totalisator to which a licence under the Totalisator Act, 1929 , relates—the holder of the licence,
(f) in the case of the acceptance of stakes staked at gaming to which a licence under Part III of the Gaming and Lotteries Act, 1956 , relates—the holder of the licence,
(g) in relation to the issue of tickets or coupons issued for the purposes of a lottery to which a licence under Part IV of the Gaming and Lotteries Act, 1956 , relates—the holder of the licence,
(h) in the case of the acceptance of entry fees in respect of crossword puzzles, competitions and contests promoted through the medium of newspapers and other publications—the promoter,
(i) in the case of entertainments—in case the person providing the entertainment hired the premises in which the entertainment takes place and subsection (3) of section 47 of this Act does not apply, the person providing the entertainment and, in any other case, the proprietor of the premises.
(2) (a) Tax shall not be chargeable and a person shall not be accountable for tax on the moneys received by him in relation to any exempted activity.
num: 49
paragraphs: —(1) The Revenue Commissioners shall set up and maintain a register of persons who may become or who are accountable for tax and shall allot a registration number to every person registered and shall cancel such number if the person does not become or ceases to be accountable for tax.
(2) Every person who on the appointed day is carrying on any activity with respect to which section 48 of this Act provides for accountability, or who, after the appointed day commences or is about to commence to carry on any such activity, may after the appointed day, but not earlier than one month before he commences to carry on the relevant activity, furnish in writing to the Revenue Commissioners the particulars specified in the regulations under section 52 of this Act as being required for the purpose of registering such person.
(3) Where a person after the appointed day is carrying on any such activity as is mentioned in subsection (2) of this section and has not already furnished the particulars mentioned in that subsection he shall do so within the period of nine days beginning on the appointed day or on the day thereafter on which he commences to carry on the activity.
(4) Subsection (3) of this section shall not compel any person to furnish particulars in a case falling within the description mentioned in paragraph (a), paragraph (b) or paragraph (c) of subsection (3) of section 48 of this Act.
(5) In this section “the appointed day” means the day appointed by the Minister for Finance by order to be the appointed day for the purposes of this section.
(6) A registered person who has not elected under subsection (3) of section 48 of this Act shall be taken as a person not entitled so to elect.
num: 50
paragraphs: —(1) (a) Tax shall not be charged on moneys received from a registered person for or in respect of goods sold or hired to him or services provided for him for the purposes of activities with respect to which section 48 of this Act provides for his being the accountable person if (but only if)—
(i) he has given to the person from whom the goods were bought or hired or by whom the services were provided a statement in writing quoting his registration number, and
num: 51
paragraphs: —(1) A person withdrawing goods from stock for his own use or for the use of any other person, shall, for the purposes of this Part of this Act, be deemed thereby to have received payment in respect of a sale of the goods at the retail price current at the time of the withdrawal.
num: 52
paragraphs: —(1) The Revenue Commissioners shall make such regulations as seem to them to be necessary for the purpose of giving effect to this Part of this Act and of enabling them to discharge their functions thereunder and, without prejudice to the generality of the foregoing, the regulations may make provision in relation to all or any of the following matters:
(a) particulars required for registration and the manner in which registration is to be effected and cancelled,
(b) the manner in which and the times at which the tax is to be paid and collected (and it is hereby declared that the procedures for payment and collection may include a procedure for payment and collection by means of stamps affixed to cards),
(c) the manner in which tax is to be recovered in cases of default in payment,
(d) the keeping by persons accountable for tax of accounts and records, and the preserving of such documents and supporting documents,
(e) disclosure to the Revenue Commissioners of such information as they may require for the ascertainment of liability to tax,
(f) the production to and inspection and removal by persons authorised by the Revenue Commissioners of invoices, receipts, books, records, accounts and other documents for the purpose of satisfying themselves as to whether tax has been duly paid,
(g) the refund of tax paid to the Revenue Commissioners by registered persons in excess of the amount required by law,
(h) the remission at the discretion of the Revenue Commissioners of small amounts of tax and interest,
(i) the remission or refund of tax payable by bookmakers in respect of void and uncollectable bets and bets laid with other bookmakers,
(j) matters consequential on the death of a registered person or his becoming subject to any incapacity,
(k) service of notices,
(l) the nomination by the Revenue Commissioners of officers to perform any acts and discharge any functions authorised by this Part of this Act to be performed or discharged by the Revenue Commissioners,
(m) the acceptance of estimates (whether or not subject to subsequent review) of taxable turnover where particulars of actual moneys received are not readily available,
num: 53
paragraphs: —(1) Subject to subsection (2) of this section, the tax shall be two and one-half per cent. of the taxable turnover of the accountable person and the amount of tax chargeable during every month shall be paid after the expiration of the month in accordance with the regulations under this Part of this Act.
(2) In respect of any month—
(a) where the taxable turnover does not exceed £100, the tax shall be 5s.,
(b) Where the taxable turnover exceeds £100, the tax chargeable in respect of the first £100 shall be 5s.
(3) Where it is shown to the satisfaction of the Revenue Commissioners that—
(a) any part of the taxable turnover of an accountable person in any month consisted of moneys paid under a contract entered into before the 1st day of August, 1963, which provides for the sale or hire of goods or the provision of services at prices or charges fixed before that day, or
(b) any part of the taxable turnover of an accountable person in the month of November, 1963, or any of the four months next following that month consisted of moneys received in respect of goods sold or hired or services provided before the 1st day of August, 1963,
the Revenue Commissioners may repay the tax paid on that part or, at their discretion, allow it to be set off against the tax payable in any month.
(4) In this section “taxable turnover” means the total amount of money received by the accountable person on account of the activities in respect of which he is accountable.
num: 54
paragraphs: —(1) If on any occasion an accountable person fails to furnish in accordance with the relevant regulations the particulars necessary for the ascertainment of the amount of tax due by him, then, without prejudice to any other action which may be taken, the Revenue Commissioners may on each such occasion estimate the amount of tax due by him and serve notice on him of the amount estimated.
(2) Where a notice is served under subsection (1) of this section on a person—
(a) the person may, if he claims that he is not an accountable person, by notice in writing given to the Revenue Commissioners within the period of fourteen days from the service of the notice, require the claim to be referred for decision to the Special Commissioners of Income Tax and their decision shall be final and conclusive,
(b) on the expiration of the said period, if no such claim is required to be so referred, or, if such claim is required to be so referred, on determination by the Special Commissioners of Income Tax against the claim, the estimated tax specified in the notice shall be recoverable in the same manner and by the like proceedings as if the person had sent, in accordance with the relevant regulations, particulars showing as due by him such estimated tax,
(c) if the person furnishes the particulars at any time after the service of the notice and tax has been paid in accordance with the particulars, together with any interest and costs which may have been incurred in connection with the default, the notice shall stand discharged and any excess which may have been paid shall be repaid.
num: 55
paragraphs: —Where any amount of tax is due for payment and is not paid, simple interest on the amount shall be paid by the accountable person, and such interest shall be calculated from the date on which the amount became due for payment and at a rate of one per cent. for each month or part of a month during which the amount remains unpaid.
num: 56
paragraphs: —(1) (a) Without prejudice to any other mode of recovery, the provisions of any enactment relating to the recovery of income tax and the provisions of any rule of court so relating shall apply to the recovery of any tax due in accordance with this Part of this Act and the regulations thereunder as they apply in relation to the recovery of income tax.
(b) In particular and without prejudice to the generality of paragraph (a) of this subsection, that paragraph applies the provisions of section 162 of the Income Tax Act, 1918, section 7 of the Finance Act, 1923 , sections 11 and 38 of the Finance Act, 1924 , and section 54 of the Finance Act, 1958 .
(c) Provisions as applied by this subsection shall so apply subject to any modifications specified by regulations under section 52 of this Act.
(2) In proceedings instituted by virtue of this section or any regulation under this Part of this Act for the recovery of any amount of tax—
(a) a certificate signed by an officer of the Revenue Commissioners which certifies that a stated amount of tax is due and payable by the defendant shall be evidence until the contrary is proved that that amount is so due and payable, and
(b) a certificate certifying as aforesaid and purporting to be signed by an officer of the Revenue Commissioners may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by an officer of the Revenue Commissioners.
(3) Any reference in the foregoing subsections of this section to an amount of tax includes a reference to interest payable in the case in question under section 55 of this Act.
(4) Subject to this section, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings by virtue of this section or any regulations under this Part of this Act.
(5) Where an order which was made before the passing of this Act under section 12 of the Court Officers Act, 1945 , contains a reference to levy under a certificate issued under section 7 of the Finance Act, 1923 , that reference shall be construed as including a reference to levy under a certificate issued under the said section 7 as extended by this section.
num: 57
paragraphs: —(1) A person who contravenes subsection (2) of section 50 of this Act shall be liable to a penalty of twenty pounds.
(2) A person who does not comply with subsection (3) of section 49 of this Act or any provision of regulations under this Part of this Act in relation to registration, the keeping of accounts, the furnishing of statements, or the production for inspection or removal of documents shall be liable to a penalty of twenty pounds, together with, in the case of a continuing non-compliance, a penalty of the like amount for every day on which the non-compliance is continued.
(3) Where a person mentioned in the foregoing subsection is a body of persons, the secretary shall be liable to a separate penalty of twenty pounds.
(4) All penalties under this section may, without prejudice to any other method of recovery, be proceeded for and recovered summarily in the same manner as in summary proceedings for recovery of any penalty under any Act relating to the excise, and, notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851 , summary proceedings under this section may be instituted within three years from the date of the incurring of the penalty.
(5) Where—
(a) a person does not comply with subsection (3) of section 49 of this Act or any provision of regulations under this Part of this Act requiring him to furnish any statement or to produce for inspection or permit removal of any documents,
(b) compliance is required within a particular period, and
(c) such person continues, during a further period of two or more days, not to furnish the particulars or statement or produce for inspection or permit removal of the documents,
the non-compliance shall be regarded, for the purposes of subsection (2) of this section, as a non-compliance continuing on every day, other than the first, of the further period.
(6) In proceedings for recovery of a penalty under this section—
(a) a certificate signed by an officer of the Revenue Commissioners which certifies that he has inspected the relevant records of the Revenue Commissioners and that it appears from them that, during a stated period, a stated statement was not furnished by the defendant shall be evidence until the contrary is proved that the defendant did not, during that period, furnish that statement,
(b) a certificate signed by an officer of the Revenue Commissioners which certifies that he has inspected the relevant records of the Revenue Commissioners and that it appears from them that a stated document was duly sent to the defendant on a stated day shall be evidence until the contrary is proved that that person received that document in the ordinary course,
(c) a certificate certifying as provided for in paragraph (a) or paragraph (b) of this subsection and purporting to be signed by an officer of the Revenue Commissioners may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been signed by an officer of the Revenue Commissioners.
(7) Subject to this section, the rules of the court concerned for the time being applicable to civil proceedings shall apply to proceedings pursuant to this section.
num: 58
paragraphs: —(1) Where a person fraudulently or negligently, for the purposes of this Part of this Act or of regulations made thereunder, produces, furnishes, gives, sends or otherwise makes use of, any incorrect return, account, estimate, statement, information, book, document, record or declaration, he shall, subject to subsection (2) of this section, be liable to a penalty of—
(a) one hundred pounds, and
(b) the amount, or, in the case of fraud, twice the amount, of the difference between the amount of tax paid by such person for the period in question, and the amount of tax properly payable by such person if the said return, account, estimate, statement, information, book, document, record or declaration had been correct.
(2) Where a person mentioned in the foregoing subsection is a body of persons—
(a) the reference in paragraph (a) of that subsection to one hundred pounds shall be construed as a reference to five hundred pounds, or, in the case of fraud, one thousand pounds, and
(b) the secretary shall be liable to a separate penalty of one hundred pounds, or in the case of fraud, two hundred pounds.
(3) Where any such return, account, estimate, statement, information, book, document, record, or declaration as is mentioned in subsection (1) of this section was made or submitted by a person neither fraudulently nor negligently and it comes to his notice (or, if he has died, to the notice of his personal representatives) that it was incorrect, then, unless the error is remedied without unreasonable delay, the return, account, estimate, statement, information, document, book, record or declaration, shall be treated for the purposes of this section as having been negligently made or submitted by him.
(4) If a person, in a case in which he represents that he is a registered person or uses a registration number, procures the supply to himself of goods or the provision for himself of services in circumstances in which tax is chargeable and fails to notify the seller or provider that the tax is chargeable, he shall be liable to a penalty of five hundred pounds, and, in addition, he shall be liable to pay to the Revenue Commissioners the amount of any tax, which the seller or provider has failed to pay.
(5) Notwithstanding anything in section 59 of this Act, proceedings for the recovery of any penalty under this section shall not be out of time by reason that they are commenced after the time allowed by the said section 59.
(6) For the purposes of this section, any return, account, estimate, statement, information, book, document or declaration submitted on behalf of a person shall be deemed to have been submitted by that person unless he proves that it was submitted without his consent or knowledge.
(7) Any reference in the foregoing subsections of this section to an amount of tax includes a reference to interest payable in the case in question under section 55 of this Act.
num: 59
paragraphs: —(1) Subject to subsection (3) of this section and subsection (5) of section 58 of this Act, proceedings for recovery of any penalty under this Part of this Act may be commenced at any time within six years next after the date on which it was incurred.
(2) Where the person who has incurred any penalty has died, any proceedings under this Part of this Act, which have been or could have been commenced against him may be continued or commenced against his executor or administrator, as the case may be, and any penalty awarded in proceedings so continued or commenced shall be a debt due from and payable out of his estate.
(3) Subsection (1) of this section shall, in relation to proceedings commenced by virtue of subsection (2) of this section have effect as if “not later than three years after the expiration of the year in which the deceased person died in a case in which the grant of probate or letters of administration was made in that year and at any time not later than two years after the expiration of the year in which such grant was made in any other case, but the foregoing provisions of this subsection shall have effect subject to the proviso that where the executor or administrator lodges a corrective affidavit for the purpose of assessment of estate duty after the year in which the deceased person died, the proceedings may be begun at any time before the expiration of two years next after the end of the year in which the corrective affidavit was lodged” were substituted for “within six years next after the date on which it was incurred.”
num: 60
paragraphs: —Any person who assists in or induces the making or delivery, for any purposes of tax, of any return, or account, statement or declaration which he knows to be incorrect shall be liable to a penalty of £500.
num: 61
paragraphs: —(1) Without prejudice to any other mode of recovery of a penalty under this Part of this Act, an officer of the Revenue Commissioners, authorised by them for the purposes of this subsection, may sue in his own name by civil proceedings for the recovery of the penalty in the High Court as a liquidated sum and the provisions of section 94 of the Courts of Justice Act, 1924 , shall apply accordingly.
(2) If an officer who has commenced proceedings pursuant to this section, or who has continued the proceedings by virtue of this subsection, dies or otherwise ceases for any reason to be an officer authorised for the purposes of subsection (1) of this section—
(a) the right of such officer to continue the proceedings shall cease and the right to continue them shall vest in such other officer so authorised as may be nominated by the Revenue Commissioners,
(b) where such other officer is nominated under paragraph (a) of this subsection, he shall be entitled accordingly to be substituted as a party to the proceedings in the place of the first mentioned officer, and
(c) where an officer is so substituted, he shall give notice in writing of the substitution to the defendant.
(3) In proceedings pursuant to this section, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that a person is an officer of the Revenue Commissioners and that he has been authorised by them for the purposes of subsection (1) of this section, shall be evidence until the contrary is proved of those facts.
(4) In proceedings pursuant to this section, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that the plaintiff has ceased to be an officer of the Revenue Commissioners authorised by them for the purposes of subsection (1) of this section, that another person is an officer of the Revenue Commissioners, that such other person has been authorised by them for the purposes of subsection (1) of this section and that he has been nominated by them in relation to the proceedings, for the purposes of subsection (2) of this section, shall be evidence until the contrary is proved of those facts.
(5) In proceedings pursuant to this section, a certificate certifying the facts referred to in subsection (3) or (4) of this section and purporting to be signed by a Revenue Commissioner may be tendered in evidence without proof, and shall be deemed until the contrary is proved to have been so signed.
(6) Subject to this section, the rules of the High Court for the time being applicable to civil proceedings shall apply to proceedings pursuant to this section.
num: 62
paragraphs: —The provisions of section 222 of the Income Tax Act, 1918, shall apply to any penalty incurred under this Part of this Act.
num: 63
paragraphs: —Where a person who is accountable for any tax, or on whom any duties are imposed by this Part of this Act or regulations made thereunder, is not resident in the State, the Revenue Commissioners may, by notice in writing served on any agent, manager or factor, who is resident in the State and has acted on behalf of that person in the matters by reference to which that person is accountable or those duties are imposed, direct that he shall be substituted for that person as the person accountable for the tax or that he shall be under an obligation to discharge those duties or any of them and, upon such direction having been served, he shall stand substituted accordingly and shall be subject to the same penalties as if he were the person who is accountable for the tax or on whom those duties are imposed.
num: 64
paragraphs: —(1) Sections 48 to 63 of this Act shall not apply to tax provided for by paragraph (b) of subsection (1) of section 47 of this Act and that tax shall, subject to subsection (2) of this section, be charged on every article imported on or after the 1st day of November, 1963, at the rate of two and one-half per cent. of the value of the article.
(2) Tax as aforesaid shall not be charged on—
(a) live animals,
(b) earth, stone, gravel, sand or cement,
(c) seeds, fertilisers and animal feeding stuffs,
num: 65
paragraphs: —(1) Section 1 of the Provisional Collection of Taxes Act, 1927 , is hereby amended by the insertion of “, and also turnover tax,” before “but no other tax or duty”.
(2) Section 1 of the Imposition of Duties Act, 1957 , is hereby amended by the insertion after paragraph (g) of the following paragraph:
“(gg) terminate or vary in any manner or respect whatsoever and as from a specified day turnover tax;”
but no order shall be made under that Act for the purpose of increasing the rate of the tax or extending the classes of activities or goods in respect of which tax is for the time being chargeable.
(3) Section 39 of the Inland Revenue Regulation Act, 1890 , is hereby amended by the insertion of “turnover tax,” before “stamp duties”.
num: 66
paragraphs: —Turnover tax shall be paid to and collected and levied by the Collector-General.
num: 67
paragraphs: —In this Part of this Act, save where the context otherwise requires—
num: 68
paragraphs: —(1) It is hereby declared that in computing, for the purposes of Case I of Schedule D or of Rule 4 of the Rules applicable to Case III of that Schedule, the profits or gains of a society there are to be deducted as expenses any sums which—
(a) represent a discount, rebate, dividend, or bonus granted by the society to members thereof or other persons in respect of amounts paid or payable by or to them on account of their transactions with the society being transactions which are taken into account in the said computation, and
(b) are calculated by reference to the said amounts or to the magnitude of the said transactions and not by reference to the amount of any share or interest in the capital of the society.
(2) A society whose business consists mainly in the making of investments, and the principal part of whose income is derived therefrom, shall be entitled to relief under section 33 of the Income Tax Act, 1918, in the same manner and to the same extent as if the business of the society were the business of a company.
(3) Where any profits or gains of a society which, but for the repeal by this Act of subsection (4) of section 39 of the Income Tax Act, 1918, would not be chargeable to tax are so chargeable by virtue of that repeal and the computation of profits or gains is required to be made by reference to any year or period other than the year of assessment, the computation for that year or period shall be made in accordance with the provisions of this Part of this Act notwithstanding that those provisions were not in force in that year or period or some part thereof.
(4) (a) Where for the year 1962-63 a society was entitled to exemption from tax in respect of the profits of a trade carried on by it—
(i) no capital allowance in respect of any property used for the purposes of the trade shall be carried forward from the year 1962-63, and
(ii) no loss, or portion of a loss, which was sustained before the 6th day of April, 1963, shall be carried forward under section 14 of the Finance Act, 1929 .
num: 69
paragraphs: —(1) With effect as on and from the 1st day of January, 1963, in computing the profits of a society for the purposes of corporation profits tax, deductions shall, notwithstanding anything in paragraph (b) of the proviso to subsection (2) of section 53 of the Finance Act, 1920 , be allowed in respect of share interest and loan interest.
(2) For the purpose of giving effect to subsection (1) of this section, to subsection (5) of section 70 of this Act and to the repeal by this Act of part of paragraph (h) of the proviso to subsection (2) of section 53 of the Finance Act, 1920 , and section 53 of the Finance Act, 1921 , where part of an accounting period is before and part after the beginning of the 1st day of January, 1963, the following provisions shall apply:
(a) the profits of the accounting period shall first be computed as if this Act had not been passed and the profits attributable to the part of the accounting period before the 1st day of January, 1963, shall be taken to be the sum which bears to the profits of the accounting period computed as aforesaid the same proportion as the length of that part bears to the length of the accounting period;
(b) the profits of the accounting period shall then be computed as if subsection (1) of this section and subsection (5) of the said section 70 and the said repeal had effect as respects the whole of any accounting period ending on or after the 1st day of January, 1963, and the profits attributable to the part of the accounting period after the 31st day of December, 1962, shall be taken to be the sum which bears to the profits of the accounting period computed as aforesaid the same proportion as the length of that part bears to the length of the accounting period, and
(c) the profits of the accounting period for the purposes of corporation profits tax shall be ascertained by adding together the sums which under the foregoing paragraphs are to be taken to be the profits attributable respectively to the parts of the accounting period before the 1st day of January, 1963, and after the 31st day of December, 1962.
num: 70
paragraphs: —(1) In this section—
“agricultural society” means a society—
(a) in relation to which both the following conditions are satisfied:
(i) that the number of the society's members is not less than fifty,
(ii) that all or a majority of the society's members are persons who are mainly engaged in, and derive the principal part of their income from, husbandry, or
(b) to which a certificate under paragraph (a) of subsection (2) of this section relates;
“fishery society” means a society—
(a) in relation to which both the following conditions are satisfied:
(i) that the number of the society's members is not less than twenty,
(ii) that all or a majority of the society's members are persons who are mainly engaged in, and derive the principal part of their income from, fishing, or
(b) to which a certificate under paragraph (b) of subsection (2) of this section relates;
“exempted transactions” means—
(a) in relation to an agricultural society, transactions falling within any of the following classes of transactions:
(i) the selling by wholesale of milk, cream, butter, cheese, eggs, poultry, meat or specified commodities,
(ii) the selling by retail of seeds, fertilisers or other commodities or articles, being specified commodities or articles, entering into or associated with agricultural production,
(iii) the auctioning of livestock, the artificial insemination of animals or the provision of specified services, and
(b) in relation to a fishery society, transactions falling within any of the following classes of transactions:
(i) the selling by wholesale of fresh or processed fish,
(ii) the auctioning or transportation of fish,
(iii) the selling of commodities or articles used in catching fish or of specified commodities or articles;
“selling by wholesale” means selling goods of any class to a person who carries on a trade of selling goods of that class or uses goods of that class for the purposes of a trade carried on by him.
(2) (a) The Minister for Finance may, on the recommendation of the Minister for Agriculture, give a certificate entitling a society to be treated, for the purposes of this section, as an agricultural society notwithstanding—
(i) that the number of the society's members is less than fifty, or
(ii) that persons such as are described in subparagraph (ii) of paragraph (a) of the definition of “agricultural society” contained in the foregoing subsection do not constitute a majority of the society's members.
(b) The Minister for Finance may, on the recommendation of the Minister for Lands, give a certificate entitling a society to be treated, for the purposes of this section, as a fishery society notwithstanding—
(i) that the number of the society's members is less than twenty, or
(ii) that persons such as are described in subparagraph (ii) of paragraph (a) of the definition of “fishery society” contained in the foregoing subsection do not constitute a majority of the society's members.
(c) In paragraph (a) of the definition of “exempted transactions” contained in the foregoing subsection “specified” means specified in a certificate given by the Minister for Finance on the recommendation of the Minister for Agriculture and in paragraph (b) of that definition “specified” means specified in a certificate given by the Minister for Finance on the recommendation of the Minister for Lands.
(d) A certificate under paragraph (a), (b) or (c) of this subsection—
(i) shall have effect as from such date, whether before or after the date on which it is given, as may be stated therein,
(ii) shall be published in the Iris OifigiÃºil as soon as may be after it is given, and
(iii) may be revoked by the Minister for Finance at any time.
(e) Where a certificate is revoked under the foregoing paragraph, notice of the revocation shall be published as soon as may be in the Iris OifigiÃºil.
num: 71
paragraphs: —(1) Notwithstanding anything in the Income Tax Acts, any share interest or loan interest paid by a society shall be paid without deduction of tax:
Provided that this subsection—
(a) shall not apply to any share interest or loan interest payable to a person whose usual place of abode is not within the State, and
(b) shall not render improper any such deduction made before the 1st day of August, 1963, which would have been a proper deduction if this section had not been enacted.
num: 72
paragraphs: —The following provisions of this Part of this Act shall have effect in relation to any penalties incurred (whether by commission or omission) after the passing of this Act with respect to any year of assessment, or, as the case may be, accounting period, whether ending before or ending after such passing.
num: 73
paragraphs: —(1) Where any person—
num: 74
paragraphs: —(1) Where a person fraudulently or negligently—
num: 75
paragraphs: —(1) The difference referred to in paragraph (ii) of subsection (1) of section 74 of this Act is the difference between—
(a) the amount of tax payable for the relevant years of assessment by the said person (including any amount deducted at source and not repayable), and
(b) the amount which would have been the amount so payable if the return, statement, declaration or accounts as made or submitted by him had been correct.
(2) The relevant years of assessment for the purposes of subsection (1) of this section are, in relation to anything delivered, made or submitted in any year of assessment, that year, the next following year, and any preceding year of assessment; and the references in that subsection to the amount of tax payable include sur-tax, except that, in relation to anything done in connection with a partnership, they do not include any tax not chargeable in the partnership name.
(3) For the purposes of section 74 of this Act, any accounts submitted on behalf of a person shall be deemed to have been submitted by that person unless he proves that they were submitted without his consent or knowledge.
num: 76
paragraphs: —(1) Where the person mentioned in section 73 of this Act is a body of persons as defined by section 237 of the Income Tax Act, 1918—
(a) the body of persons shall be liable to—
num: 77
paragraphs: —(1) Where the person who has incurred any penalty has died after the passing of this Act, any proceedings under this Act which have been or could have been commenced against him may be continued or commenced against his executor or administrator, as the case may be, and any penalty awarded in proceedings so continued or commenced shall be a debt due from and payable out of his estate.
(2) Subsection (1) of section 10 of the Finance Act, 1925 , shall, in relation to proceedings commenced by virtue of subsection (1) of this section, have effect as if “not later than three years after the expiration of the year of assessment in which the deceased person died in a case in which the grant of probate or letters of administration was made in that year and at any time not later than two years after the expiration of the year of assessment in which such grant was made in any other case, but the foregoing provisions of this subsection shall have effect subject to the proviso that where the executor or administrator lodges a corrective affidavit for the purpose of assessment of estate duty after the year of assessment in which the deceased person died, the proceedings may be begun at any time before the expiration of two years next after the end of the year of assessment in which the corrective affidavit was lodged” were substituted for “within six years next after the date on which such fine or penalty was incurred”.
num: 78
paragraphs: —Any person who assists in or induces the making or delivery for any purposes of income tax (including sur-tax) of any return, account, statement or declaration which he knows to be incorrect shall be liable to a penalty of five hundred pounds.
num: 79
paragraphs: —For the purposes of this Part of this Act, any assessment which can no longer be varied by the Special Commissioners on appeal or by the order of any court shall be sufficient evidence that the income in respect of which tax is charged in the assessment arose or was received as stated therein.
num: 80
paragraphs: —(1) Without prejudice to any other mode of recovery of a penalty under this Part of this Act, section 43 of the Finance Act, 1958 , or section 23 or 59 of the Finance Act, 1959 , an officer of the Revenue Commissioners, authorised by them for the purposes of this subsection, may sue in his own name by civil proceedings for the recovery of the penalty in the High Court as a liquidated sum and the provisions of section 94 of the Courts of Justice Act, 1924 , shall apply accordingly.
(2) If an officer who has commenced proceedings pursuant to this section, or who has continued the proceedings by virtue of this subsection, dies or otherwise ceases for any reason to be an officer authorised for the purposes of subsection (1) of this section—
(a) the right of such officer to continue the proceedings shall cease and the right to continue them shall vest in such other officer so authorised as may be nominated by the Revenue Commissioners,
(b) where such other officer is nominated under paragraph (a) of this subsection, he shall be entitled accordingly to be substituted as a party to the proceedings in the place of the first-mentioned officer, and
(c) where an officer is so substituted, he shall give notice in writing of the substitution to the defendant.
(3) In proceedings pursuant to this section, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that a person is an officer of the Revenue Commissioners and that he has been authorised by them for the purposes of subsection (1) of this section, shall be evidence until the contrary is proved of those facts.
(4) In proceedings pursuant to this section, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that the plaintiff has ceased to be an officer of the Revenue Commissioners authorised by them for the purposes of subsection (1) of this section, that another person is an officer of the Revenue Commissioners, that such other person has been authorised by them for the purposes of subsection (1) of this section and that he has been nominated by them, in relation to the proceedings, for the purposes of subsection (2) of this section, shall be evidence until the contrary is proved of those facts.
(5) In proceedings pursuant to this section, a certificate certifying the facts referred to in subsection (3) or (4) of this section and purporting to be signed by a Revenue Commissioner may be tendered in evidence without proof and shall be deemed until the contrary is proved to have been so signed.
(6) Subject to this section, the rules of the High Court for the time being applicable to civil proceedings shall apply to proceedings pursuant to this section.
num: 81
paragraphs: —The provisions of the Fourth Schedule to this Act shall have effect for the purpose of making, with respect to corporation profits tax, provision corresponding to the preceding provisions of this Part of this Act.
num: 82
paragraphs: —(1) In this Part of this Act—
“assessment” includes additional assessment;
“secretary” includes such persons as are mentioned in subsection (1) of section 106 of the Income Tax Act, 1918, and subsection (1) of section 55 of the Finance Act, 1920 , and, in relation to the duty under subsection (2) of the said section 55 of giving notice of winding up, shall be construed as referring to the liquidator;
num: 83
paragraphs: —(1) In this Part of this Act, save where the context otherwise requires—
“easement” includes any right, privilege or benefit in, over or derived from premises;
“lease” includes an agreement for a lease and any tenancy, but does not include a mortgage, and “lessee” and “lessor” shall be construed accordingly, and “lessee” and “lessor” include, respectively, the successors in title of a lessee or a lessor;
“long lease” means a lease granted for a term exceeding fifty years;
“premises” means any lands, tenements or hereditaments in the State;
“premium” includes any like sum, whether payable to the immediate or a superior lessor;
“rent” includes anything in the nature of rent and any payment made by the lessee to defray the cost of work of maintenance of or repairs to the premises, not being work required by the lease to be carried out by the lessee;
“short lease” means a lease granted for a term not exceeding fifty years;
“unit of valuation” means any lands, tenements or hereditaments valued under the Valuation Acts as a unit.
(2) In ascertaining, for the purposes of the definitions of “long lease” and “short lease” contained in the foregoing subsection, the duration of a lease, the following provisions shall have effect :
(a) where the terms of the lease include provision for the determination thereof by notice given either by the lessor or by the lessee, the lease shall not be treated as granted for a term longer than one ending at the earliest date on which it could be determined by notice;
(b) where any of the terms of the lease (whether relating to forfeiture or to any other matter) or any other circumstance render it unlikely that the lease will continue beyond a date falling before the expiration of the term of the lease, the lease shall not be treated as having been granted for a term longer than one ending on that date.
(3) Where the estate or interest of any lessor of any premises is the subject of a mortgage and either the mortgagee is in possession or the rents and profits are being received by a receiver appointed by or on the application of the mortgagee, that estate or interest shall be deemed, for the purposes of this Part of this Act, to be vested in the mortgagee, and references to a lessor shall be construed accordingly; but the amount of the liability to tax of any such mortgagee shall be computed as if the mortgagor was still in possession or, as the case may be, no receiver had been appointed, and as if it were the amount of the liability of the mortgagor that was being computed.
num: 84
paragraphs: —(1) The profits or gains arising from any rent in respect of any premises under a short lease shall, to the extent provided for by this Part of this Act, be deemed, for all the purposes of the Income Tax Acts, to be annual profits or gains within Schedule D and the lessor shall be chargeable in respect thereof under Case VI of that Schedule.
(2) Notwithstanding anything in Rule 2 of the Rules applicable to the said Case VI, income tax in respect of profits or gains chargeable by virtue of this section shall in all cases be computed on the full amount of the profits or gains of the year of assessment.
(3) Subject to the subsequent provisions of this Part of this Act, the amount of the profits or gains to be charged under this section shall be arrived at by making from any rent to which the lessor becomes entitled in the year of assessment the deductions authorised by the next following subsection.
(4) The deductions authorised by this subsection are deductions by reference to any or all of the following matters:
num: 85
paragraphs: —(1) In this section—
“excepted profits or gains” means profits or gains arising from rent under a short lease in respect of premises which comprise the whole of what was, on the 6th day of April, 1963, a unit of valuation where, for the year of assessment, all the following conditions are satisfied, that is to say:
(a) the premises are premises to which subsection (2) of this section applies;
(b) the lease imposes no obligation on the lessee to maintain or repair the fabric or exterior of any building or to contribute to the cost of such maintenance or repairs, and
num: 86
paragraphs: —(1) Where the payment of any premium is required under a lease, or otherwise under the terms subject to which a lease is granted, and the lease is a short lease, the lessor shall be treated for the purposes of section 84 of this Act as becoming entitled, when the lease is granted, to an amount by way of rent (in addition to any actual rent) equal to the amount of the premium reduced by one-fiftieth of that amount for each complete period of twelve months, other than the first, comprised in the term of the lease.
(2) Where the terms subject to which a lease of any premises is granted impose on the lessee an obligation to carry out any work on the premises, the lease shall be deemed for the purposes of this section to have required the payment of a premium to the lessor (in addition to any other premium) of an amount equal to the amount by which the value of the lessor's estate or interest, immediately after the commencement of the lease, falls short of what its then value would have been if the work had been carried out, but otherwise than at the expense of the lessee, and the rent were increased accordingly:
Provided that this subsection shall not apply in so far as the obligation requires the carrying out of work payment for which would, if the lessor and not the lessee were obliged to carry it out, be deductible from the rent under subsection (4) of section 84 of this Act.
num: 87
paragraphs: —Neither section 84 nor section 90 of this Act shall have effect in relation to a case in which the rent reserved under a lease (including, where the lease was granted on or after the 6th day of April, 1963, an appropriate sum in respect of any premium payable under the lease) is insufficient, taking one year with another, to defray the cost to the lessor of fulfilling his obligations under the lease and of meeting any expense of maintenance, repairs, insurance and management of the premises subject to the lease which fall to be borne by him, and for this purpose the lessor shall be deemed to bear annually an expense of management (in addition to any actual expense) equal to the amount on which he is liable to bear tax under Schedule A in respect of the premises.
num: 88
paragraphs: —Where, in any year of assessment, any person is entitled to any payment, other than a payment to which section 94 of this Act applies, in respect of any easement in relation to any premises, not being premises of the whole of which he is, throughout the period in respect of which the payment is due, the sole occupier for the purposes of Schedule A, the payment shall be treated for the purposes of section 84 of this Act as if it were rent payable in respect of premises under a short lease, and the provisions of that section shall with the necessary adaptations apply accordingly.
num: 89
paragraphs: —(1) Where for any year of assessment profits or gains chargeable to tax under Case VI of Schedule D by virtue of the foregoing provisions of this Part of this Act arise to any person from two or more sources, the several amounts of profits or gains so chargeable may be assessed in one assessment.
(2) Where an assessment, in respect of profits or gains chargeable as aforesaid for any year of assessment, is made in that year, whether pursuant to the immediately preceding subsection or otherwise—
(a) it shall be made on the basis that all sources of profits or gains and all facts relevant to the computation of profits or gains are the same as for the last preceding year of assessment, and
(b) tax shall be leviable accordingly, but any necessary adjustments shall be made after the end of the year, whether by way of additional assessment, repayment of tax or otherwise, to secure that tax is charged on the profits or gains of the year of assessment.
(3) For the purposes of paragraph (a) of the foregoing subsection, any amounts which but for section 86 of this Act would not be taken into account in the computation of profits or gains shall be disregarded.
num: 90
paragraphs: —Where for any year of assessment the aggregate amount of the deductions authorised, in relation to any short lease, by subsection (4) of section 84 of this Act exceeds the amount of rent to which the lessor becomes entitled in the year, the excess shall be deemed to be such a loss as is mentioned in section 2 of the Finance Act, 1945 , and the provisions of that section shall apply accordingly.
num: 91
paragraphs: —(1) Where on a claim in that behalf a lessor proves that he has not received an amount which he was entitled to receive in relation to a short lease and—
(a) if the non-receipt of the said amount was attributable to the default of the person by whom it was payable, that the said amount is irrecoverable, or
(b) if he has waived payment of the said amount, that the waiver was made without consideration and was reasonably made in order to avoid hardship,
the lessor shall be treated for the purposes of this Part of this Act as if he had not been entitled to receive the said amount and his liability to tax for the year of assessment in which he became entitled to receive the said amount and for any subsequent year shall be adjusted, by repayment or otherwise, as the circumstances of the case may require; but if all or any of the said amount is subsequently received, the lessor's liability to tax for all relevant years of assessment shall be appropriately re-adjusted by additional assessment or otherwise.
(2) Any claim to repayment under this section shall be made to, and determined by, the inspector of taxes; but any person aggrieved by any determination of the inspector of taxes on any such claim may, on giving notice in writing to the said inspector within twenty-one days after notification to him of the determination, appeal to the Special Commissioners.
(3) The Special Commissioners shall hear and determine an appeal to them under subsection (2) of this section as if it were an appeal against an assessment to income tax, and the provisions of the Income Tax Acts relating to the re-hearing of an appeal or the statement of a case for the opinion of the High Court on a point of law, shall, with the necessary modifications, apply accordingly.
num: 92
paragraphs: —Where—
(a) in any period (hereafter in this section referred to as the said period) a person carrying on a trade, profession or vocation is the lessee of premises wholly or partly occupied by him for the purposes thereof, and
(b) any amount has become chargeable to tax under subsection (1), (2) or (3) of section 86 of this Act, or would have become so chargeable but for subsection (4) of that section, in respect of a premium paid, or deemed to have been paid, to the lessor (whether the lessee concerned was the person carrying on the trade, profession or vocation or his predecessor in title),
num: 93
paragraphs: —(1) Where any amount has become chargeable under subsection (1), (2) or (3) of section 86 of this Act, or would have become so chargeable but for subsection (4) of that section, in respect of a premium paid or deemed to have been paid under the terms subject to which a lease is granted, then, subject to the provisions of the following subsections of this section, the lessee, whether or not he is the original lessee, shall be deemed for the purposes of subsection (4) of section 84 of this Act to have paid by way of rent under the lease (in addition to any rent actually paid) in each year of assessment during which he is the lessee a payment which bears to the said amount (hereafter in this section referred to as the amount chargeable on the superior lease) the same proportion as the length of the period within that year during which he was the lessee bears to the length of the term of the lease.
(2) Where—
(a) any amount has, or would have, become chargeable as mentioned in the immediately preceding subsection, and
(b) the lessee would, apart from this subsection, have been chargeable to tax under the said section 86 on any amount in respect of premium paid, or deemed to have been paid, to him on a sub-lease of all or any part of the premises comprised in the lease, with or without other premises,
the amount on which he is so chargeable shall, where no claim is made by him under subsection (4) of the said section 86, be the excess (if any) of the amount on which he would have been chargeable as aforesaid over the appropriate fraction of the amount chargeable on the superior lease, or, if the premises comprised in the lease and sub-lease respectively are not co-extensive, the appropriate fraction of that amount proportionately adjusted.
(3) Where subsection (2) of this section has effect, subsection (1) shall apply for the year of assessment for which the lessee would have been chargeable as aforesaid and subsequent years only if the said appropriate fraction exceeds the amount on which the lessee would have been so chargeable, and shall then apply as if the amount chargeable on the superior lease had been equal to the excess:
Provided that where part only of the premises comprised in the lease is comprised in the sub-lease, the said subsection (1) and this subsection shall be applied separately in relation to that part of the premises and to the remainder of those premises, but as if for any reference to the amount chargeable on the superior lease there were substituted a reference to that amount proportionately adjusted.
(4) For the purposes of this section the appropriate fraction of the amount chargeable on the superior lease is the sum which bears to that amount the same proportion as the term of the sub-lease bears to the term of the lease.
(5) Any proportionate adjustment referred to in this section shall be made by the inspector of taxes according to the best of his knowledge and judgment, and any such adjustment so made may be amended by the Special Commissioners, or by the Circuit Judge, on the hearing, or the re-hearing, of an appeal against an assessment made on the basis of the adjustment.
num: 94
paragraphs: —(1) This section applies to the following payments:
num: 95
paragraphs: —For the purpose of obtaining particulars of profits or gains chargeable to tax under Case VI of Schedule D by virtue of this Part of this Act, the inspector of taxes may by notice in writing require—
(a) any lessor, or former lessor, of premises to give, within the time limited by the notice, such information as may be specified in the notice as to the provisions of the lease and the terms subject to which the lease was granted and as to payments made to or by him in relation to the premises;
(b) any lessee, occupier, or former lessee or occupier of premises (including any person having, or having had, the use of premises) to give such information as may be specified in the notice as to the terms applying to the lease, occupation or use of the premises, and where any of those terms are established by any written instrument, to produce the instrument to the inspector of taxes for inspection;
(c) any lessee or former lessee of premises to give such information as may be specified in the notice as to any consideration given for the grant to him of the lease;
(d) any person who as agent manages premises or is in receipt of rent or other payments arising from premises to furnish the inspector of taxes with such particulars relating to payments arising therefrom as may be specified in the notice.
num: 96
paragraphs: —(1) Section 6 of the Finance Act, 1932 , and the Rule added to the Rules applicable to Case III of Schedule D by that section shall not have effect for the year 1963-64 or any subsequent year of assessment.
num: 97
paragraphs: —(1) In this section—
“the principal section” means section 22 of the Finance Act, 1950 ;
“the 1962 amending section” means section 19 of the Finance Act, 1962 ;
“the thirteenth additional annuity” means the sum charged on the Central Fund under subsection (4) of this section;
“the Minister”, “the Account” and “capital services” have the same meanings respectively as they have in the principal section.
(2) Subsection (4) of the 1962 amending section shall, in relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of March, 1964, have effect with the substitution of “£1,309,854” for “£1,334,935”.
(3) Subsection (6) of the 1962 amending section shall have effect with the substitution of “£830,974” for “£863,530”.
(4) A sum of £1,431,786 to redeem borrowings, and interest thereon, in respect of capital services shall be charged annually on the Central Fund or the growing produce thereof in the thirty successive financial years commencing with the financial year ending on the 31st day of March, 1964.
(5) The thirteenth additional annuity shall be paid into the Account in such manner and at such times in the relevant financial year as the Minister may determine.
(6) Any amount of the thirteenth additional annuity, not exceeding £926,179 in any financial year, may be applied towards defraying the interest on the public debt.
(7) The balance of the thirteenth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.
num: 98
paragraphs: —(1) This section applies to any lottery to which a licence under Part IV of the Gaming and Lotteries Act, 1956 , applies and shall be deemed to come into force and shall take effect as on and from the 1st day of March, 1956.
(2) (a) Exemption shall be granted from corporation profits tax and, subject to the next paragraph, from income tax in respect of profits from any lottery to which this section applies.
num: 99
paragraphs: —Subsection (2) of section 38 of the Finance Act, 1924 , shall cease to have effect in so far as it provides that moneys due or payable to or for the benefit of the Central Fund are to be paid in priority to other debts.
num: 100
paragraphs: —(1) This section applies to any proceedings instituted in the High Court or the Circuit Court for the recovery of any tax or duty under the care and management of the Revenue Commissioners, or for any fine, penalty or forfeiture in connection with any such tax or duty or incurred under or imposed by any Act relating to customs or excise.
(2) Notwithstanding anything to the contrary provided by or under any enactment or by any rule of court—
num: 101
paragraphs: —(1) In this section—
“section 7 certificate” means a certificate issued under section 7 of the Finance Act, 1923 , or that section as extended by section 55 of the Finance Act, 1958 ;
“execution order” means an execution order within the meaning of the Enforcement of Court Orders Act, 1926 .
(2) A county registrar or sheriff executing a section 7 certificate shall be entitled—
(a) if the sum certified in the certificate to be in default exceeds six hundred pounds, to charge and (where appropriate) to add to that sum and (in any case) to levy under the certificate such fees and expenses, calculated according to the scales appointed by the Minister for Justice under paragraph (a) of subsection (1) of section 14 of the Enforcement of Court Orders Act, 1926 , and for the time being in force, as he would be entitled so to charge or add and to levy if the certificate were an execution order of the High Court,
(b) if the sum certified in the certificate to be in default exceeds fifty pounds but does not exceed six hundred pounds, to charge and (where appropriate) to add to that sum and (in any case) to levy under the certificate such fees and expenses, calculated according to the said scales, as he would be entitled so to charge or add and to levy if the certificate were an execution order of the Circuit Court, and
(c) if the sum certified in the certificate to be in default does not exceed fifty pounds, to charge and (where appropriate) to add to that sum and (in any case) to levy under the certificate such fees and expenses, calculated according to the said scales, as he would be entitled so to charge or add and to levy if the certificate were an execution order of the District Court.
(3) (a) The foregoing subsections of this section shall have and be deemed always to have had effect as on and from the 1st day of October, 1926, and accordingly no section 7 certificate issued during the period which began on that day and ended on the passing of this Act shall be or ever have been made void or in any way prejudiced by the addition to the sum thereby certified to be in default of any fees or expenses which might lawfully have been so added if those subsections had been in force during that period, and no levy during that period of any such fees or expenses so added which would have been a lawful levy if those subsections had been in force during that period shall be or ever have been unlawful.
(b) For the purposes of this subsection, the reference in subsection (2) of this section to a sheriff shall be construed as including a reference to an undersheriff and, in relation to section 7 certificates issued before the 8th day of December, 1953, the references therein to six hundred pounds shall be construed as references to three hundred pounds and the references therein to fifty pounds shall be construed as references to twenty-five pounds.
(4) No section 7 certificate issued before the 1st day of October, 1926, shall be or ever have been made void or in any way prejudiced by the addition to the sum thereby certified to be in default of any fees which might lawfully have been so added if the certificate had been an execution order, and no levy before the passing of this Act of any such fees so added which would have been a lawful levy if the section 7 certificate had been an execution order shall be or ever have been unlawful.
num: 102
paragraphs: —Subsection (5) of section 14 of the Finance Act, 1962 , is hereby amended by the insertion of “and the provisions of every rule of court so relating” before “shall apply”.
num: 103
paragraphs: —(1) Section 1 of the Road Fund (Grants and Advances) (Temporary Provisions) Act, 1959, is hereby amended by the substitution of “four” for “five”.
(2) Section 1 of the Road Fund (Grants) (Temporary Provisions) Act, 1962 , is hereby amended by the substitution of “five” for “three” in subsection (1) and by the substitution of “nine” for “seven” in subsection (2).
num: 104
paragraphs: —(1) (a) Each enactment specified in column (2) of Part I of the Sixth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 1st day of January, 1963.
num: 105
paragraphs: —All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
num: 106
paragraphs: —(1) This Act may be cited as the Finance Act, 1963.
(2) Parts I and IX and (so far as relating to income tax) Parts VII and VIII and section 98 of this Act shall be construed together with the Income Tax Acts.
(3) Part II of this Act, so far as it relates to duties of customs, shall be construed together with the Customs Acts and, so far as it relates to duties of excise, shall be construed together with the Statutes which relate to the duties of excise and the management of those duties.