Finance (No. 2) Act, 1947
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —(1) Every sum paid or deducted in respect of income tax within two months after the 5th day of April, 1948, which consists wholly of a payment or deduction made by virtue of section 6 of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927), in respect of income tax for the year beginning on the 6th day of April, 1948, shall be calculated at the rate of seven shillings in the pound, and the said section 6 shall apply and have effect in relation thereto as if that rate had been the standard rate of income tax for the year beginning on the 6th day of April, 1947.
(2) The following provisions shall apply and have effect in relation to every sum paid or deducted in respect of income tax within two months after the 5th day of April, 1948, which consists partly of a payment or deduction made in respect of income tax for the year beginning on the 6th day of April, 1947, and partly of a payment or deduction made, by virtue of section 6 of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927), in respect of income tax for the year beginning on the 6th day of April, 1948, that is to say:—
(a) so much of the said sum as consists of a payment or deduction in respect of income tax for the year beginning on the 6th day of April, 1947, shall be calculated at the rate of six shillings and sixpence in the pound, being the standard rate of income tax for that year;
(b) so much of the said sum as consists of a payment or deduction made, by virtue of the said section 6, in respect of income tax for the year beginning on the 6th day of April, 1948, shall be calculated at the rate of seven shillings in the pound, and the said section 6 shall apply and have effect in relation thereto as if that rate had been the standard rate of income tax for the year beginning on the 6th day of April, 1947.
num: 2
paragraphs: —(1) Notwithstanding anything to the contrary contained in section 1 of the Finance Act, 1946 (No. 15 of 1946), sur-tax for the year beginning on the 6th day of April, 1946, shall be charged in respect of the income of any individual the total of which from all sources exceeds one thousand five hundred pounds and shall be so charged at the following rates in lieu of the rates referred to in the said section 1, that is to say:—
In respect of the first one thousand five hundred pounds of the income
Nil.
In respect of the excess over one thousand five hundred pounds,
for every pound of the first five hundred pounds of the excess
Ninepence
for every pound of the next one thousand pounds of the excess
One shilling and sixpence
for every pound of the next one thousand pounds of the excess
Three shillings
for every pound of the next one thousand pounds of the excess
Four shillings
for every pound of the next one thousand pounds of the excess
Five shillings
for every pound of the next two thousand pounds of the excess
Six shillings
for every pound of the next two thousand pounds of the excess
Seven shillings and sixpence
for every pound of the next ten thousand pounds of the excess
Eight shillings
for every pound of the remainder of the excess
Eight shillings and sixpence
(2) Section 3 of the Finance Act, 1928 (No. 11 of 1928), shall, in relation to the sur-tax for the year beginning on the 6th day of April, 1946, have effect subject to the provisions of this section.
(3) The amount payable by virtue of any assessment, made on or before the 15th day of October, 1947, in respect of sur-tax for the year beginning on the 6th day of April, 1946, to which any of the foregoing provisions of this section applies shall, by virtue of this section and without more, be deemed to be so varied as to give effect to such of the said provisions as is or are applicable.
(4) Section 1 of the Finance Act, 1947 (No. 15 of 1947), shall have effect subject to the provisions of this section.
num: 3
paragraphs: —On and from the 16th day of October, 1947, section 10 of the Finance Act, 1935 (No. 28 of 1935), and the First Schedule to that Act shall be construed as if every rate of duty mentioned in the third column of that Schedule at reference number 27 were doubled.
num: 4
paragraphs: —(1) On and from the 16th day of October, 1947, the duty of customs on articles to which the provisions of section 7 of the Finance Act, 1937 (No. 18 of 1937), and the Third Schedule to that Act, as amended, apply, shall be at the rate of 75 per cent. ad valorem in lieu of the rate heretofore chargeable, so far as the said provisions relate to articles of the following description, which, in the opinion of the Revenue Commissioners, have not, before importation, been substantially worn or otherwise used, that is to say, articles of personal clothing and wearing apparel which, in the opinion of the Revenue Commissioners, are made wholly or mainly of fur, and component parts made wholly or mainly of fur, of articles of personal clothing and wearing apparel.
num: 5
paragraphs: —(1) In lieu of the customs duties on wine imposed by section 8 of the Finance Act, 1946 (No. 15 of 1946), there shall (subject to the provisions of this section) be charged, levied and paid as on and from the 16th day of October, 1947, the following customs duties on all wine imported into the State, that is to say:—
Wine—
£
s.
d.
Not exceeding 25 degrees of proof spirit,
the gallon
0
12
0
Exceeding 25 but not exceeding 30 degrees of proof Spirit
the gallon
1
0
0
Exceeding 30 but not exceeding 42 degrees of proof spirit
the gallon
2
8
0
And for every degree or fraction of a degree beyond the highest above charged, an additional duty
the gallon
0
4
0
Sparkling wine in bottle, an additional duty,
the gallon
2
10
0
Still wine not exceeding 25 degrees of proof spirit in bottle, an additional duty
the gallon
0
8
0
Still wine exceeding 25 degrees of proof spirit in bottle, an additional duty
the gallon
0
16
0
(2) The provisions of section 8 of the Finance Act, 1919 , shall apply to the duties imposed by this section with the substitution of the expression “the area of application of the Acts of the Oireachtas” for the expression “Great Britain and Ireland”.
(3) For the purposes of this section wine rendered sparkling or effervescent and bottled in a bonded warehouse shall be deemed to be sparkling wine imported in bottle, and upon delivery for home consumption shall be charged with the duty imposed on sparkling wine by this section.
(4) Section 24 of the Finance Act, 1933 (No. 15 of 1933), shall not apply or have effect in relation to the customs duties imposed by this section.
(5) In this section the word “wine” includes the lees of wine.
num: 6
paragraphs: —(1) The Finance Act, 1920 , as amended by section 7 of the Finance Act, 1946 (No. 15 of 1946), shall, as on and from the 16th day of October, 1947, be amended by the substitution in Part I of the First Schedule to the said Finance Act, 1920 , of the matter set out in the First Schedule to this Act for the matter inserted therein by the said section 7, and subsection (1) of section 3 of the said Finance Act, 1920 , shall have effect accordingly.
(2) The duty of excise imposed by subsection (2) of section 3 of the Finance Act, 1920 , shall, as on and from the 16th day of October, 1947, be charged, levied and paid at the rate of six pounds, seventeen shillings the gallon (computed at proof) in lieu of the rate chargeable by virtue of subsection (2) of section 7 of the Finance Act, 1946 .
(3) Nothing in this section shall operate to relieve from or to prejudice or affect the additional customs duties or the additional excise duty in respect of immature spirits imposed by section 9 of the Finance Act, 1926 (No. 35 of 1926).
num: 7
paragraphs: —(1) The duty of customs on tobacco imposed by section 20 of the Finance Act, 1932 (No. 20 of 1932), shall, as on and from the 16th day of October, 1947, be charged, levied and paid at the several rates specified in Part I of the Second Schedule to this Act in lieu of the rates at which the said duty is now chargeable by virtue of section 6 of the Finance Act, 1947 (No. 15 of 1947).
num: 8
paragraphs: —(1) On and after the 16th day of January, 1948, subsection (5) of section 25 of the Finance Act, 1932 (No. 20 of 1932), shall have effect as if, for the rates inserted therein by subsection (1) of section 10 of the Finance Act, 1947 (No. 15 of 1947), there were substituted the following rates, that is to say:—
Rate of Duty
Where the payment for admission, excluding duty,
s.
d.
s.
d.
s.
d.
exceeds
0
4
and does
not exceed
0
5
0
3
”
0
5
”
”
0
6
0
4
”
0
6
”
”
0
8
0
6
”
0
8
”
”
1
0
0
9
”
1
0
”
”
1
3
1
0
”
1
3
”
”
1
9
1
6
”
1
9
”
”
2
3
2
3
”
2
3
”
”
3
0
3
0
”
3
0
”
”
4
0
4
0
”
4
0
4
0
for the first 4s. and 4s. for every additional 4s. or part of 4s.
(2) On and after the 16th day of January, 1948, subsection (2) of section 11 of the Finance Act, 1936 (No. 31 of 1936), shall have effect as if, for the rates inserted therein by subsection (2) of section 10 of the Finance Act, 1947 , there were substituted the following rates, that is to say:—
Rate of Duty
Where the payment for admission, excluding duty,
s.
d.
s.
d.
s.
d.
exceeds
0
4
and does
not exceed
0
5
0
3
”
0
5
”
”
0
6
0
4
”
0
6
”
”
0
6½
0
5½
”
0
6½
”
”
0
8
0
8
”
0
8
”
”
0
10
0
10
”
0
10
”
”
1
1
1
3
”
1
1
”
”
1
4
1
8
”
1
4
”
”
1
6
2
0
”
1
6
”
”
1
9
2
6
”
1
9
”
”
2
0
3
0
”
2
0
”
”
3
0
4
6
”
3
0
”
”
4
0
6
0
”
4
0
6
0
for the first 4s. and 6s. for every additional 4s. or part of 4s.
(3) Paragraph (c) of subsection (3) of section 11 of the Finance Act, 1936 (No. 31 of 1936), shall, as respects entertainments duty (within the meaning of the said section 11) paid on payments, made on or after the 16th day of January, 1948, for admission to an entertainment in any such theatre as is mentioned in the said subsection (3), have effect as if, for the words “thirty per cent. of the said duty” (inserted by subsection (3) of section 10 of the Finance Act, 1947 ), there were substituted the words “fifteen per cent. of the said duty”.
num: 9
paragraphs: —(1) In lieu of the duties of customs imposed by subsection (1) of section 5 of the Finance (No. 2) Act, 1939 (No. 33 of 1939), there shall, as on and from the 16th day of October, 1947, be charged, levied and paid on all mum, spruce or black beer, Berlin white beer and other preparations (whether fermented or not fermented) of/a similar character imported into the State, a duty of customs at the following rates, that is to say:—
(a) for every thirty-six gallons of beer of which the worts are, or were before fermentation, of a specific gravity not exceeding one thousand two hundred and fifteen degrees, forty-two pounds four shillings;
(b) for every thirty-six gallons of beer of which the worts are, or were before fermentation, of a specific gravity exceeding one thousand two hundred and fifteen degrees, forty-nine pounds, ten shillings and four pence.
(2) In lieu of the duty of customs imposed by subsection (2) of section 5 of the Finance (No. 2) Act, 1939 , there shall, as on and from the 16th day of October, 1947, be charged, levied, and paid on all beer of any description (other than beer chargeable with the duty imposed by the foregoing subsection of this section) imported into the State, a duty of customs at the rate of ten pounds, eleven shillings and sixpence for every thirty-six gallons of beer of which the worts were before fermentation of a specific gravity of one thousand and fifty-five degrees.
(3) In lieu of the drawback payable under subsection (3) of section 5 of the Finance (No. 2) Act, 1939 , there shall be allowed and paid on exportation or on shipment for use as stores of imported beer on which it is shown, to the satisfaction of the Revenue Commissioners, that the duty imposed by either of the foregoing subsections of this section has been paid, a drawback, calculated according to the original specific gravity of such beer, at the rate of ten pounds, eleven shillings and three pence on every thirty-six gallons of beer of which the original specific gravity was one thousand and fifty-five degrees.
(4) Where, in the case of beer which is chargeable with the duty imposed by subsection (2) of this section or in the case of beer on which drawback under subsection (3) of this section is payable, the specific gravity of such beer is different from the specific gravity mentioned in the said subsection (2) or in the said subsection (3) (whichever is relevant), the said duty or the said drawback (as the case may be) shall be varied proportionately.
(5) Section 24 of the Finance Act, 1933 (No. 15 of 1933), shall not apply or have effect in relation to either of the duties of customs imposed by this section.
num: 10
paragraphs: —(1) In lieu of the duty of excise imposed by section 6 of the Finance (No. 2) Act, 1939 (No. 33 of 1939), there shall be charged, levied and paid on all beer brewed within the State on or after the 16th day of October, 1947, a duty of excise at the rate of ten pounds, eleven shillings for every thirty-six gallons of worts of a specific gravity of one thousand and fifty-five degrees.
(2) In lieu of the drawback payable under section 6 of the Finance (No. 2) Act, 1939 , there shall be allowed and paid on exportation as merchandise or for use as ship's stores of beer on which it is shown, to the satisfaction of the Revenue Commissioners, that the duty of excise imposed by this section has been paid, a drawback, calculated according to the original specific gravity of such beer, at the rate of ten pounds, eleven shillings and three pence for every thirty-six gallons of which the original specific gravity was one thousand and fifty-five degrees.
(3) In the case of beer of which the specific gravity is different from the specific gravity mentioned in the relevant subsection of this section, the duty chargeable or the drawback payable (as the case may be) in pursuance of this section shall be varied proportionately.
num: 11
paragraphs: —(1) On and from the 1st day of January, 1948, section 20 of the Finance Act, 1926 (No. 35 of 1926), and the Third Schedule to that Act as amended, shall have effect as if—
num: 12
paragraphs: —(1) No duty shall be payable under section 13 of the Finance Act, 1920 , as amended, in respect of a mechanically propelled vehicle which is used solely for the transport (whether by carriage or traction) of lifeboats and their gear or any equipment for affording assistance towards the preservation of life and property in cases of shipwreck and distress at sea, and a mechanically propelled vehicle which is used for such purpose shall not become liable to a higher rate of duty merely by reason of such user.
(2) Section 10 of the Finance Act, 1930 (No. 20 of 1930), is hereby repealed.
num: 13
paragraphs: —(1) The stamp duties chargeable on conveyances or transfers of lands, tenements and hereditaments under the heading “Conveyance or transfer on sale of any property” in the First Schedule to the Stamp Act, 1891, as amended by subsequent enactments, shall, on and after the 1st day of December, 1947, be at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration in lieu of the rates immediately theretofore chargeable.
(2) Subsection (1) of this section shall not apply—
(a) in the case of a conveyance or transfer by a local authority under the provisions of the Housing of the Working Classes Acts, 1890 to 1931, or the Labourers Acts, 1883 to 1941, or any Acts amending or extending those Acts, or of a conveyance or transfer by a society registered under the Industrial and Provident Societies Acts, 1893 to 1936, and made, in accordance with a scheme for the provision of houses for its members, to a member or to such member and the spouse of the member;
(b) in any other case—
(i) where the amount or value of the consideration does not exceed five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds five hundred pounds, or
(ii) where the amount or value of the consideration exceeds five hundred pounds but does not exceed one thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger trans action or of a series of transactions.
(3) In such case as is mentioned in paragraph (b) (ii) of subsection (2) of this section the duty chargeable shall on and after the 1st day of December, 1947, be as follows:—
Where the amount or value of the consideration for the sale—
£
£
Exceeds
500
and
does
not
exceed
550
£7 10s.
”
550
”
”
”
”
600
£10
”
600
”
”
”
”
650
£15
”
650
”
”
”
”
700
£20
”
700
”
”
”
”
750
£25
”
750
”
”
”
”
800
£30
”
800
”
”
”
”
850
£35
”
850
”
”
”
”
900
£40
”
900
”
”
”
”
950
£45
”
950
”
”
”
”
1,000
£50
(4) The foregoing provisions of this section shall have effect if, but only if, the instrument contains a statement by the party to whom the property is being conveyed or transferred certifying that the person who becomes entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is some specified one of the following:—
(a) an Irish citizen,
(b) a person who is for the time being ordinarily resident in the State and who was ordinarily resident in the State continuously during the three years immediately preceding the 15th day of October, 1947,
(c) a body corporate incorporated in the State on or before the 15th day of October, 1947,
(d) a body corporate incorporated outside the State which, on or before the 15th day of October, 1947, has filed with the registrar of companies the documents and particulars mentioned in subsection (1) of section 274 of the Companies (Consolidation) Act, 1908 ,
(e) a person lawfully carrying on a business which comes within the provisions of any paragraph of subsection (1) of section 9 of the Control of Manufactures Act, 1934 (No. 36 of 1934), or
(f) a body corporate incorporated in the State after the 15th day of October, 1947, where the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within one of paragraphs (a) to (e) of this subsection.
num: 14
paragraphs: —With a view to providing moneys to meet general charges which will fall upon the Central Fund, the sum of two hundred thousand pounds shall be transferred and paid from the Road Fund to the Exchequer at such time or times in the financial year ending on the 31st day of March, 1948, and in such manner as the Minister for Finance shall direct.
num: 15
paragraphs: —All taxes and duties (except the excise duties on mechanically propelled vehicles) imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
num: 16
paragraphs: —(1) This Act may be cited as the Finance (No. 2) Act, 1947.
(2) Part I 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.