Finance Act, 1984
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —As respects the year 1984-85 and subsequent years of assessment, the Finance Act, 1980 , is hereby amended—
(a) in subsection (2) of section 1 , by the substitution of “£5,000” for “£4,800” (inserted by the Finance Act, 1983 ) and of “£2,500” for “£2,400” (inserted by the Finance Act, 1983 ), and
(b) in subsection (6) of section 2 , by the substitution of “£5,600” for “£5,000” (inserted by the Finance Act, 1982 ), of “£6,600” for “£6,000” (inserted by the Finance Act, 1982 ), of “£2,800” for “£2,500” (inserted by the Finance Act, 1982 ) and of “£3,300” for “£3,000”(inserted by the Finance Act, 1982 ),
and the said subsections (2) and (6), as so amended, are set out in the Table to this section.
TABLE
(2) In this section “the specified amount” means—
(a) in a case where the individual would, apart from this section, be entitled to a deduction specified in section 138 (a) of the Income Tax Act, 1967 , £5,000, and
(b) in any other case, £2,500.
(6) In this section “the specified amount” means—
(a) in a case where the individual would, apart from this section, be entitled to a deduction specified in paragraph (a) of the said section 138, £5,600:
Provided that, if at any time during the year of assessment either the individual or his spouse was of the age of seventy-five years or upwards, “the specified amount” means £6,600;
(b) in any other case, £2,800:
Provided that, if at any time during the year of assessment the individual was of the age of seventy-five years or upwards, “the specified amount” means £3,300.
num: 2
paragraphs: —(1) Where a person who is charged to income tax for the year 1984-85 or any subsequent year of assessment is an individual (other than an individual acting in a fiduciary or representative capacity), he shall, notwithstanding anything in the Income Tax Acts but subject to section 5 (3) of the Finance Act, 1974 , be charged to tax on his taxable income—
(a) in a case in which he is assessed to tax otherwise than in accordance with the provisions of section 194 (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , at the rates specified in Part I of the Table to this section, or
(b) in a case in which he is assessed to tax in accordance with the provisions of the said section 194, at the rates specified in Part II of the said Table,
and the rates in each Part of that Table, shall be known, respectively, by the description specified in column (3), in each such Part opposite the mention of the rate or rates, as the case may be, in column (2) of that Part.
TABLE
PART I
Part of taxable income
Rate of tax
Description of rate
(1)
(2)
(3)
The first £4,000
35 per cent.
the standard rate
The next £2,000
45 per cent.
}
the higher rates.
The next £2,000
55 per cent
The next £2,000
60 per cent
The remainder
65 per cent
PART II
Part of taxable income
Rate of tax
Description of rate
(1)
(2)
(3)
The first £8,000
35 per cent.
the standard rate
The next £4,000
45 per cent.
}
the higher rates.
The next £4,000
55 per cent
The next £4,000
60 per cent
The remainder
65 per cent
num: 3
paragraphs: —(1) Where a deduction falls to be made from the total income of an individual for the year 1984-85 or any subsequent year of assessment in respect of relief to which the individual is entitled under a provision mentioned in column (1) of the Table to this subsection and the amount of the deduction would, but for this section, be an amount specified in column (2) of the said Table, the amount of the deduction shall, in lieu of being the amount specified in the said column (2), be the amount specified in column (3) of the said Table opposite the mention of the amount in the said column (2).
TABLE
Statutory provision
Amount to be deducted from total income for 1983-84
Amount to be deducted from total income for 1984-85 and subsequent years
(1)
(2)
(3)
£
£
Income Tax Act, 1967 :
section 138
(married man)
2,900
3,600
(widowed person)
1,950
2,300
(widow bereaved in the year of assessment)
2,900
3,600
(single person)
1,450
1,800
section 138A
(additional allowance for widows and others in respect of children)
(widowed person)
950
1,300
(others)
1,450
1,800
(2) Section 2 of the Finance Act, 1982 , shall have effect subject to the provisions of this section.
num: 4
paragraphs: — Section 6 of the Finance Act, 1982 , shall have effect for the purpose of ascertaining the amount of income on which an individual referred to therein is to be charged to income tax for the year 1984-85, as if in subsection (2)—
(a) “1984-85” were substituted for “1982-83”, and
(b) “£286” were substituted for “£312”, in each place where it occurs.
num: 5
paragraphs: —Section 142A (inserted by the Finance Act, 1982 ) of the Income Tax Act, 1967 , is hereby amended, as respects the year 1984-85 and subsequent years of assessment, by the substitution in subsection (2) (a) (i) of “sixty years” for “sixty-five years”, and the said subsection (2) (a) (i), as so amended, is set out in the Table to this section.
TABLE
(i) at any time during the year of assessment he was of the age of sixty years or upwards, and
num: 6
paragraphs: —As respects the year 1984-85 and subsequent years of assessment, subsection (1) of section 432 of the Income Tax Act, 1967 , is hereby amended—
(a) by the deletion in paragraph (c) of “of the Appeal Commissioners”, and
(b) by the substitution of “thirty” for “twenty-one”,
and the said subsection (1), as so amended, is set out in the Table to this section.
TABLE
(1) Notwithstanding any other provision of this Act—
(a) all claims of exemption or for any allowance or deduction under this Act,
(b) all claims for repayment of tax under this Act, and
(c) (i) all claims to relief under this Act where the relief is measured in the provision under which it is given, and
(ii) all matters and questions relating to any relief so measured,
in relation to which a right of appeal from a decision is, otherwise than by this section, not specifically provided,
shall be stated in such manner and form as the Revenue Commissioners may prescribe and shall be submitted to and determined by the Revenue Commissioners or such officer of the Revenue Commissioners (including an inspector) as they may authorise in that behalf, but any person aggrieved by any determination on any such claim, matter or question may, on giving notice in writing to the Revenue Commissioners or the officer within thirty days after notification to the person aggrieved of the determination, appeal to the Appeal Commissioners.
num: 7
paragraphs: — Section 41 (9) of the Finance Act, 1968 , shall not apply or have effect for the year 1984-85 or any subsequent year of assessment.
num: 8
paragraphs: — Section 3 of the Finance Act, 1969 , is hereby amended, as respects the year 1984-85 and subsequent years of assessment, by the substitution, in subsection (1), for “be entitled to have a deduction of £700 made from his total income” of “be entitled to have a deduction made from his total income of £2,000, if the amount ultimately borne by him in the year of assessment in employing the employed person is not less than £2,000, or the amount so borne, if it is less than £2,000.”, and the said subsection (1), as so amended, is set out in the Table to this section.
TABLE
(1) Subject to the provisions of this section, an individual who, in the manner prescribed by the Income Tax Acts makes a claim in that behalf, makes a return in the prescribed form of his total income and proves—
(a) (i) that, throughout the year of assessment, he was totally incapacitated by physical or mental infirmity, or
(ii) that, being a husband who, for the relevant year of assessment, is assessed to tax in accordance with the provisions of section 194 of the Income Tax Act, 1967 , his wife was, throughout that year, totally incapacitated by physical or mental infirmity, and
(b) that for the year of assessment he has employed a person for the purpose of having the care of the person (being the individual or his wife) who is so incapacitated,
shall, in computing the amount of his taxable income, be entitled to have a deduction made from his total income of £2,000, if the amount ultimately borne by him in the year of assessment in employing the employed person is not less than £2,000, or the amount so borne, if it is less than £2,000.
num: 9
paragraphs: —The Income Tax Act, 1967 , is hereby amended, as respects the year 1984-85 and subsequent years of assessment, by the substitution of the following section for section 349 :
“Exemption of bodies established for promotion of athletic or amateur games or sports.
num: 349
paragraphs: —(1) In this section ‘approved body of persons’ means—
(a) any body of persons established for and existing for the sole purpose of promoting athletic or amateur games or sports, and
(b) any body of persons that, as respects the year 1983-84 or any earlier year of assessment, was granted exemption from income tax under the provisions of the Income Tax Act, 1967 , for which this section was substituted,
but does not include any such body of persons as aforesaid to which the Revenue Commissioners, after such consultation (if any) as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them, give a notice in writing stating that they are satisfied that the body—
(i) was not established for the sole purpose specified in paragraph (a) or was established wholly or partly for the purpose of securing a tax advantage, or
(ii) being so established for the sole purpose specified in paragraph (a) no longer exists for such purpose or commences to exist wholly or partly for the purpose of securing a tax advantage.
(2) Exemption from income tax shall be granted in respect of so much of the income of any approved body of persons as is shown to the satisfaction of the Revenue Commissioners to be income which has been or will be applied to the sole purpose specified in subsection (1) (a).
(3) Where a notice is given under subsection (1), the exemption from income tax accorded to the body of persons to which it relates shall cease to have effect—
(a) if the notice is a notice to which paragraph (i) of that subsection applies—
(i) as respects income tax, for the year of assessment in which the body of persons was established or the year 1984-85, whichever is the later, and for each subsequent year of assessment,
(ii) as respects corporation tax, for the first accounting period of the body of persons which commences on or after the 6th day of April, 1984, and for each subsequent accounting period,
(b) if the notice is a notice to which paragraph (ii) of that subsection applies—
(i) as respects income tax, for the year of assessment in which, in the opinion of the Revenue Commissioners, the body of persons ceased to exist for the sole purpose specified in subsection (1) (a) or the year in which it commenced to exist wholly or partly for the purpose of securing a tax advantage, whichever is the earlier, but not being a year earlier than the year 1984-85, and for each subsequent year of assessment,
(ii) as respects corporation tax, for the accounting period in which, in the opinion of the Revenue commissioners, the body of persons ceased to exist for the sole purpose specified in subsection (1) (a) or the accounting period in which it commenced to exist wholly or partly for the purpose of securing a tax advantage, whichever is the earlier, but not being an accounting period which ends before the 6th day of April, 1984, and for each subsequent accounting period.
(4) Section 432 shall apply to a notice under subsection (1) as if the notice were a determination by the Revenue Commissioners of a claim to an exemption under this Act.
(5) Anything required or permitted to be done by the Revenue Commissioners or any power or function conferred or imposed on them by this section may be done, exercised or performed, as appropriate, by an officer of the Revenue Commissioners authorised by them in that behalf.”.
num: 10
paragraphs: — Section 16 of the Finance Act, 1983 , is hereby amended—
(a) in subsection (2):
(i) by the substitution of the following paragraph for paragraph (b):
“(b) the Youth Employment Levy Regulations, 1982 (S.I. No. 84 of 1982), the Youth Employment Levy (Amendment) Regulations, 1983 (S.I. No. 52 of 1983), and the Youth Employment Levy (Amendment) Regulations, 1984 (S.I. No. 75 of 1984) (referred to in this subsection as “the Regulations”), and
(ii) by the substitution of the following paragraph for paragraph (v):
“(v) in section 1 (1) of the Act, the following definition shall be substituted for the definition of ‘contribution year’:
‘ “contribution year” means a year of assessment within the meaning of the Income Tax Acts being the year 1983-84 or the year 1984-85,’ ”,
and
(b) by the insertion of the following proviso after subsection (2):
“Provided that an individual shall not be liable to pay income levy—
(a) in respect of any payment on account of emoluments made in the contribution year (within the meaning of the Youth Employment Agency Act, 1981 , as modified by this section) 1984-85 if his reckonable income consists of emoluments only in that year and the amount of the payment does not exceed an amount equal to £96 where the period in respect of which the payment is made is a week or a corresponding amount where the period in respect of which the payment is made is greater or less than a week, or
(b) in respect of his reckonable income for the contribution year (within the meaning of the Youth Employment Agency Act, 1981 , as modified by this section) 1984-85 if such income does not consist of emoluments only and the amount of that income does not exceed £5,000 in that year.”
num: 11
paragraphs: — (1) In this Chapter—
“associate” has the same meaning in relation to a person as it has by virtue of section 103 (3) of the Corporation Tax Act, 1976 , in relation to a participator;
“control”, except in section 14 (7) and section 26 (2) (b), shall be construed in accordance with subsections (2) to (6) of section 102 of the Corporation Tax Act, 1976 ;
“debenture” has the meaning assigned to it by section 2 of the Companies Act, 1963 ;
“director” shall be construed in accordance with section 103 (5) of the Corporation Tax Act, 1976 ;
“market value” shall be construed in accordance with section 49 of the Capital Gains Tax Act, 1975 ;
“ordinary shares” means shares forming part of a company's ordinary share capital;
“the relevant period” has the meaning assigned to it by section 12 (7);
“the relief” and “relief” mean relief under section 12 and references to the amount of the relief shall be construed in accordance with subsection (3) of that section;
“qualifying trading operations” has the meaning assigned to it by section 16 (2); and
“unquoted company” means a company none of whose shares, stocks or debentures are listed in the official list of a stock exchange or dealt in on an unlisted securities market.
(2) Section 157 of the Corporation Tax Act, 1976 , applies for the purposes of the provisions of this Chapter other than section 14 .
num: 12
paragraphs: —(1) This Chapter has effect for affording relief from income tax where—
(a) an individual who qualifies for the relief subscribes for eligible shares in a qualifying company;
(b) those shares are issued to him for the purpose of raising money for a qualifying trade which is being carried on by the company or which it intends to carry on; and
(c) the company provides satisfactory evidence, and it appears to the Revenue Commissioners after such consultation, if any, as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them, that the money was used, is being used or is intended to be used—
(i) for the purposes of—
(I) enabling the company, or enlarging its capacity, to undertake qualifying trading operations,
(II) enabling the company to engage in, or assisting the company in, research and development, the acquisition of technological information and data, the development of new or existing products or services or the provision of new products or services,
(III) enabling the company to identify new markets, and to develop new and existing markets, for its products and services, or
(IV) enabling the company to increase its sales of products or provision of services,
and
(ii) with a view to the creation or maintenance of employment in the company.
(2) In this Chapter “eligible shares” means new ordinary shares which, throughout the period of five years beginning with the date on which they are issued, carry no present or future preferential right to dividends or to a company's assets on its winding up and no present or future preferential right to be redeemed.
(3) The relief in respect of the amount subscribed by an individual for any eligible shares shall be given as a deduction of that amount from his total income for the year of assessment in which the shares are issued, and references in this Chapter to the amount of the relief are references to the amount of that deduction.
(4) The relief shall be given on a claim and shall not be allowed—
(a) unless and until the company has carried on the trade for four months; and
(b) if the company is not carrying on that trade at the time when the shares are issued, unless the company begins to carry it on within two years after that time.
(5) A claim for the relief may be allowed at any time after the trade has been carried on by the company for four months if the conditions for the relief are then satisfied; but no claim shall be allowed before the 1st day of January, 1985.
(6) In the case of a claim allowed before the end of the relevant period, the relief shall be withdrawn if by reason of any subsequent event it appears that the claimant was not entitled to the relief allowed.
(7) In this Chapter “the relevant period”, in relation to relief in respect of any eligible shares issued by a company, means—
(a) as respects sections 14 , 17 , 18 , 19 , and 20 , the period beginning with the incorporation of the company (or, if the company was incorporated more than two years before the date on which the shares were issued, beginning two years before that date) and ending five years after the issue of the shares; and
(b) as respects sections 15 , 16 , and 26 , the period beginning with the date on which the shares were issued and ending either three years after that date or, where the company was not at that date carrying on a qualifying trade, three years after the date on which it subsequently began to carry on such a trade.
(8) Where by reason of its being wound up, or dissolved without winding up, the company carries on the qualifying trade for a period shorter than four months, subsection (4) (a) shall have effect as if it referred to that shorter period but only if it is shown that the winding up or dissolution was for bona fide commercial reasons and not as part of a scheme or arrangement the main purpose or one of the main purposes of which was the avoidance of tax.
(9) All such provisions of the Income Tax Acts as apply in relation to the deductions specified in sections 138 to 143 of the Income Tax Act, 1967 , shall, with any necessary modifications, apply in relation to relief under this Chapter.
num: 13
paragraphs: —(1) Subject to section 27 , the relief shall not be given in respect of any amount subscribed by an individual for eligible shares issued to him by any company in any year of assessment unless the amount or total amount subscribed by him for the eligible shares issued to him by the company in that year is £200 or more:
Provided that in the case of an individual who is a husband assessed to tax for a year of assessment in accordance with the provisions of section 194 (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , any amount subscribed by his spouse for eligible shares issued to her in that year of assessment by the company shall be deemed to have been subscribed by him for eligible shares issued to him by the company.
(2) The relief shall not be given to the extent to which the amount or total amount subscribed by an individual for eligible shares issued to him in any year of assessment (whether or not by the same company) exceeds £25,000.
(3) Section 198 (1) (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , is hereby amended by the insertion in paragraph (a) of the following subparagraph after subparagraph (vii):
“(viii) so far as it flows from relief under Chapter III of Part I of the Finance Act, 1984, in the proportions in which they subscribed for the eligible shares giving rise to the relief,”.
num: 14
paragraphs: —(1) (a) An individual qualifies for the relief if he subscribes on his own behalf for the eligible shares in a qualifying company, is not at any time in the relevant period connected with the company and does not during that period receive from the company any dividend which is a distribution to which either section 64 or 76 of the Corporation Tax Act, 1976 , applies.
num: 15
paragraphs: —(1) A company is a qualifying company if it is incorporated in the State and complies with the requirements of this section.
(2) The company must, throughout the relevant period, be an unquoted company which is resident in the State and not resident elsewhere, and be—
(a) a company which exists wholly for the purpose of carrying on wholly or mainly in the State one or more qualifying trades; or
(b) a company whose business consists wholly of—
(i) the holding of shares or securities of, or the making of loans to, one or more qualifying subsidiaries of the company; or
(ii) both the holding of such shares or securities, or the making of such loans and the carrying on wholly or mainly in the State of one or more qualifying trades.
(3) In this section “qualifying subsidiary”, in relation to a company, means a subsidiary of that company of a kind which a company may have by virtue of section 26 .
(4) Without prejudice to the generality of subsection (2) but subject to subsection (5), a company ceases to comply with subsection (2) if before the end of the relevant period a resolution is passed, or an order is made, for the winding up of the company (or, in the case of a winding up otherwise than under the Companies Act, 1963 , any other act is done for the like purpose) or the company is dissolved without winding up.
(5) A company shall not be regarded as ceasing to comply with subsection (2) if it does so by reason of being wound up or dissolved without winding up and—
(a) it is shown that the winding up or dissolution is for bona fide commercial reasons and not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax; and
(b) the company's net assets, if any, are distributed to its members before the end of the relevant period or, in the case of a winding up, the end (if later) of three years from the commencement of the winding up.
(6) The company's share capital must not, at any time in the relevant period, include any issued shares that are not fully paid up.
(7) (a) Subject to section 26 , the company must not at any time in the relevant period—
(i) control (or together with any person connected with it control) another company or be under the control of another company (or of another company and any person connected with that other company); or
(ii) be a 51 per cent. subsidiary of another company or itself have a 51 per cent. subsidiary;
and no arrangements must be in existence at any time in that period by virtue of which the company could fall within subparagraph (i) or (ii).
(b) In this subsection “51 per cent. subsidiary”, in relation to any company, has the meaning assigned to it, for the purposes of the Corporation Tax Acts, by section 156 of the Corporation Tax Act, 1976 .
(8) A company is not a qualifying company if—
(a) (i) an individual has acquired a controlling interest in the company's trade after the 5th day of April, 1984; and
(ii) at any time in the period mentioned in subsection (11) he has, or has had, a controlling interest in another trade; and
(b) the trade carried on by the company, or a substantial part of it—
(i) is concerned with the same or similar types of property or parts thereof or provides the same or similar services or facilities as the other trade; or
(ii) serves substantially the same or similar outlets or markets as the other trade.
(9) For the purposes of this section a person has a controlling interest in a trade—
(a) in the case of a trade carried on by a company if—
(i) he controls the company;
(ii) the company is a close company for the purposes of the Corporation Tax Acts and he or an associate of his is a director of the company and the beneficial owner of, or able directly or through the medium of other companies or by any other indirect means to control, more than 30 per cent. of the ordinary share capital of the company; or
(iii) not less than half of the trade could in accordance with section 20 (12) of the Corporation Tax Act, 1976 , be regarded as belonging to him;
(b) in any other case, if he is entitled to not less than half of the assets used for, or the income arising from, the trade.
(10) For the purposes of subsection (9) there shall be attributed to any person any rights or powers of any other person who is an associate of his.
(11) The period referred to in subsection (8) (a) (ii) is the period beginning two years before and ending three years after—
(a) the date on which the shares were issued; or
(b) if later, the date on which the company began to carry on the trade.
(12) In subsections (8) and (11) references to a company's trade include references to the trade of any of its subsidiaries.
num: 16
paragraphs: —(1) A trade is a qualifying trade if it complies with the requirements of this section.
(2) The trade must throughout the relevant period—
(a) consist wholly or mainly of either or both of the following trading operations (in this Chapter referred to as “qualifying trading operations”)—
(i) the manufacture of goods within the meaning of Chapter VI of Part I of the Finance Act, 1980 , or
(ii) the rendering of services in the course of a service undertaking in respect of which an employment grant was made by the Industrial Development Authority under section 2 of the Industrial Development (No. 2) Act, 1981 ,
and
(b) where the trade consists wholly or partly of the manufacture of goods referred to in paragraph (a) (i), be a trade in respect of which the company which carries it on has claimed and is entitled, or would, but for an insufficiency of profits, have claimed and been entitled, to relief from corporation tax under the provisions of the said Chapter VI:
Provided that a trade which during the relevant period consists partly of qualifying trading operations and partly of other trading operations shall be regarded for the purposes of this subsection as a trade which consists wholly or mainly of qualifying trading operations if, but only if, the total amount receivable in the relevant period from sales made and services rendered in the course of qualifying trading operations is not less than 75 per cent. of the total amount receivable by the company from all sales made and services rendered in the course of the trade in the relevant period.
(3) The trade must, during the relevant period, be conducted on a commercial basis and with a view to the realisation of profits.
(4) References in this section to a trade shall be construed without regard to so much of the definition of “trade” in section 1 (1) of the Income Tax Act, 1967 , as relates to adventures or concerns in the nature of trade.
num: 17
paragraphs: —(1) Where an individual disposes of any eligible shares before the end of the relevant period, then—
(a) in a case where the disposal is otherwise than by way of a bargain made at arm's length, he shall not be entitled to any relief in respect of those shares; and
(b) in any other case, the amount of relief to which he is entitled in respect of those shares shall be reduced by the amount or value of the consideration which he receives for them.
(2) Subsection (1) shall not apply to a disposal made by a wife to her husband at a time when she is treated as living with him for income tax purposes as provided in section 192 (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , or to a disposal made at such a time by him to her; but where shares issued to one of them have been transferred to the other by a transaction inter vivos—
(a) that subsection shall apply on the disposal of the shares by the transferee to a third person; and
(b) if at any time the wife ceases to be treated as living with her husband for the aforementioned purposes and any of those shares have not been disposed of by the transferee before that time, any assessment for withdrawing relief in respect of those shares shall be made on the transferee.
(3) Where an individual holds ordinary shares of any class in a company and the relief has been given in respect of some shares of that class but not others, any disposal by him of ordinary shares of that class in the company shall be treated for the purposes of this section as relating to those in respect of which relief has been given under this Chapter rather than to others.
(4) Where the relief has been given to an individual in respect of shares of any class in a company which have been issued to him at different times, any disposal by him of shares of that class shall be treated for the purposes of this section as relating to those issued earlier rather than to those issued later.
num: 18
paragraphs: —(1) Where an individual who subscribes for eligible shares in a company—
(a) has, before the issue of the shares but within the relevant period, received any value from the company; or
(b) on or after their issue but before the end of the relevant period, receives any such value;
the amount of the relief to which he is entitled in respect of the shares shall be reduced by the value received.
(2) For the purposes of this section an individual receives value from the company if the company—
(a) repays, redeems or repurchases any of its share capital or securities which belongs to the individual or makes any payment to him for giving up his right to any of the company's share capital or any security on its cancellation or extinguishment;
(b) repays any debt owed to the individual other than—
(i) an ordinary trade debt incurred by the company, or
(ii) any other debt which was incurred by the company—
(I) on or after the earliest date on which he subscribed for the shares in respect of which the relief is claimed; and
(II) otherwise than in consideration of the extinguishment of a debt incurred before that date;
(c) makes to the individual any payment for giving up his right to any debt on its extinguishment, other than—
(i) a debt in respect of a payment of the kind mentioned in section 14 (3) (d) or (e), or
(ii) a debt of the kind mentioned in paragraph (b) (i) or (ii);
(d) releases or waives any liability of the individual to the company or discharges, or undertakes to discharge, any liability of his to a third person;
(e) makes a loan or advance to the individual;
(f) provides a benefit or facility for the individual;
(g) transfers an asset to the individual for no consideration or for consideration less than its market value or acquires an asset from him for consideration exceeding its market value; or
(h) makes to him any other payment except a payment of the kind mentioned in section 14 (3) (a), (b), (c), (d) or (e) or a payment in discharge of an ordinary trade debt.
(3) For the purposes of this section an individual also receives value from the company if he receives in respect of ordinary shares held by him any payment or asset in a winding up or in connection with a dissolution of the company, being a winding up or dissolution falling within section 15 (5).
(4) For the purposes of this section an individual also receives value from the company if any person who would, for the purposes of section 14 , be treated as connected with the company—
(a) purchases any of its share capital or securities which belong to the individual; or
(b) makes any payment to him for giving up any right in relation to any of the company's share capital or securities.
(5) The value received by an individual is—
(a) in a case within paragraph (a), (b) or (c) of subsection (2) the amount receivable by the individual or, if greater, the market value of the shares, securities or debt in question;
(b) in a case within paragraph (d) of that subsection, the amount of the liability;
(c) in a case within paragraph (e) of that subsection, the amount of the loan or advance;
(d) in a case within paragraph (f) of that subsection, the cost to the company of providing the benefit or facility less any consideration given for it by the individual;
(e) in a case within paragraph (g) of that subsection, the difference between the market value of the asset and the consideration (if any) given for it;
(f) in a case within paragraph (h) of that subsection, the amount of the payment;
(g) in a case within subsection (3), the amount of the payment or, as the case may be, the market value of the asset; and
(h) in a case within subsection (4), the amount receivable by the individual or, if greater, the market value of the shares or securities in question.
(6) Where by virtue of this section any relief is withheld or withdrawn in the case of an individual to whom ordinary shares in a company have been issued at different times, the relief shall be withheld or withdrawn in respect of shares issued earlier rather than in respect of shares issued later.
(7) For the purposes of subsection (2) (d) a company shall be treated as having released or waived a liability if the liability is not discharged by payment within twelve months of the time when it ought to have been discharged by payment.
(8) For the purposes of subsection (2) (e) there shall be treated as if it were a loan made by the company to the individual—
(a) the amount of any debt (other than an ordinary trade debt) incurred by the individual to the company; and
(b) the amount of any debt due from the individual to a third person which has been assigned to the company.
(9) In this section “an ordinary trade debt” means any debt for goods or services supplied in the ordinary course of a trade or business where the credit given does not exceed six months and is not longer than that normally given to the customers of the person carrying on the trade or business.
(10) In this section—
(a) any reference to a payment or transfer to an individual includes a reference to a payment or transfer made to him indirectly or to his order or for his benefit; and
(b) any reference to an individual includes a reference to an associate of his and any reference to the company includes a reference to any person connected with the company.
num: 19
paragraphs: —(1) An individual to whom subsection (2) applies is not entitled to relief in respect of any shares in a company where, at any time in the relevant period, the company or any of its subsidiaries—
(a) begins to carry on as its trade or as a part of its trade a trade which was previously carried on at any time in that period otherwise than by the company or any of its subsidiaries; or
(b) acquires the whole, or greater part, of the assets used for the purposes of a trade previously so carried on.
(2) This subsection applies to an individual where—
(a) any person or group of persons to whom an interest amounting in the aggregate to more than a half share in the trade (as previously carried on) belonged, at any time in the relevant period, is a person, or a group of persons, to whom such an interest in the trade carried on by the company or any of its subsidiaries belongs or has, at any such time, belonged; or
(b) any person or group of persons who controls or, at any such time, has controlled the company is a person, or a group of persons, who, at any such time, controlled another company which previously carried on the trade;
and the individual is that person or one of those persons.
(3) An individual is not entitled to relief in respect of any shares in a company where—
(a) the company comes to acquire all of the issued share capital of another company, at any time in the relevant period; and
(b) any person or group of persons who controls or has, at any such time, controlled the company is a person, or a group of persons, who, at any such time, controlled that other company;
and the individual is that person, or one of those persons.
(4) For the purposes of subsection (2) —
(a) the person or persons to whom a trade belongs and, where a trade belongs to two or more persons, their respective shares in that trade shall be determined in accordance with subsections (11) (a) and (b), (12) and (13) of section 20 of the Corporation Tax Act, 1976 ; and
(b) any interest, rights or powers of a person who is an associate of another person shall be treated as those of that other person.
(5) In this section—
“subsidiary” means a subsidiary of a kind which a qualifying company may have by virtue of section 26 ; and
“trade” includes any business, profession or vocation and references to a trade previously carried on include references to part of such a trade.
num: 20
paragraphs: —(1) The relief to which an individual is entitled in respect of any shares in a company shall be reduced in accordance with subsection (2) if at any time in the relevant period the company repays, redeems or repurchases any of its share capital which belongs to any member other than—
(a) that individual; or
(b) another individual whose relief is thereby reduced by virtue of section 18 (2),
or makes any payment to any such member for giving up his right to any of the company's share capital on its cancellation or extinguishment.
(2) Where subsection (1) applies, the amount of relief to which an individual is entitled shall be reduced by the amount receivable by the member or, if greater, the nominal value of the share capital in question; and where, apart from this subsection, two or more individuals would be entitled to relief the reduction shall be made in proportion to the amounts of relief to which they would, apart from this subsection, have been entitled.
(3) Where at any time in the relevant period a member of a company receives or is entitled to receive any value from the company within the meaning of this subsection, then, for the purposes of the provisions of section 14 (4) in their application to any subsequent time—
(a) the amount of the company's issued ordinary share capital; and
(b) the amount of the part of that capital which consists of the shares relevant to those provisions and the amount of the part consisting of the remainder,
shall each be treated as reduced in accordance with subsection (4).
(4) The amount of each of the parts mentioned in subsection (3) (b) shall be treated as equal to such proportion of that amount as the amount subscribed for that part less the relevant value bears to the amount subscribed; and the amount of the issued share capital shall be treated as equal to the sum of the amounts treated under this subsection as the amount of those parts respectively.
(5) In subsection (3) (b) the reference to the part of the capital which consists of the shares relevant to the provisions of section 14 (4) is a reference to the part consisting of shares which (within the meaning of that section) the individual directly or indirectly possesses or is entitled to acquire; and in subsection (4) “the relevant value”, in relation to each of the parts mentioned therein, means the value received by the member or members entitled to the shares of which that part consists.
(6) For the purposes of subsection (3) a member of a company receives or is entitled to received value from the company within the meaning of that subsection in any case in which an individual would receive value from the company by virtue of paragraph (d), (e), (f), (g) or (h) of subsection (2) of section 18 (but treating as excepted from paragraph (h) all payments made for full consideration) and the value received shall be determined as for the purposes of that section.
(7) For the purposes of subsection (6) a person shall be treated as entitled to receive anything which he is entitled to receive at a future date or will at a future date be entitled to receive.
(8) Subsection (1) does not apply in relation to the redemption of any share capital for which the redemption date was fixed before the 26th day of January, 1984.
(9) Where—
(a) after the 5th day of April, 1984, a company issues share capital (“the original shares”) of nominal value equal to the authorised minimum (within the meaning of the Companies (Amendment) Act, 1983) for the purposes of complying with the requirements of section 6 of that Act; and
(b) after the registrar of companies has issued the company with a certificate under the said section 6 it issues eligible shares,
subsection (1) shall not apply in relation to any redemption of any of the original shares within twelve months of the date on which those shares were issued.
(10) Where, by virtue of this section, any relief is withheld or withdrawn in the case of an individual to whom ordinary shares in the company have been issued at different times, the relief shall be withheld or withdrawn in respect of shares issued earlier rather than in respect of shares issued later.
num: 21
paragraphs: —An individual is not entitled to relief in respect of any shares unless the shares are subscribed for and issued for bona fide commercial purposes and not as part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.
num: 22
paragraphs: —(1) A claim for the relief in respect of eligible shares issued by a company in any year of assessment shall be made—
(a) not earlier than the 1st day of January, 1985, or, if later, the end of the period of four months mentioned in section 12 (4) (a), and
(b) not later than two years after the end of that year of assessment or, if that period of four months ended after the end of that year, not later than two years after the end of that period.
(2) A claim for relief in respect of eligible shares in a company shall not be allowed unless it is accompanied by a certificate issued by the company in such form as the Revenue Commissioners may direct and certifying that the conditions for the relief, so far as applying to the company and the trade, are satisfied in relation to those shares.
(3) Before issuing a certificate for the purposes of subsection (2) a company shall furnish the inspector with a statement to the effect that it satisfies the conditions for the relief, so far as they apply in relation to the company and the trade, and has done so at all times since the beginning of the relevant period.
(4) No such certificate shall be issued without the authority of the inspector or where the company, or a person connected with the company, has given notice to the inspector under section 24 (2).
(5) Any statement under subsection (3) shall contain such information as the Revenue Commissioners may reasonably require, shall be in such form as the Revenue Commissioners may direct and shall contain a declaration that it is correct to the best of the company's knowledge and belief.
(6) Where a company has issued a certificate for the purposes of subsection (2) or furnished a statement under subsection (3) and—
(a) the certificate or statement is made fraudulently or negligently; or
(b) the certificate was issued in contravention of subsection (4); the company shall be liable to a penalty not exceeding £500 or, in the case of fraud, £1,000, and such penalty 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 fine or penalty under any Act relating to the excise.
(7) For the purpose of regulations made under section 127 of the Income Tax Act, 1967 , no regard shall be had to the relief unless a claim for it has been duly made and admitted.
(8) For the purposes of section 550 of the Income Tax Act, 1967 , tax charged by an assessment—
(a) shall be regarded as due and payable notwithstanding that relief from the tax (whether by discharge or repayment) is subsequently given on a claim for the relief; but
(b) shall, unless paid earlier or due and payable later, be regarded as paid, to the extent that relief from tax is due under this Chapter, on the date of the making of the claim on which the relief is given;
and section 551 of that Act shall not apply in consequence of any discharge or repayment for giving effect to the relief.
num: 23
paragraphs: —(1) Where any relief has been given which is subsequently found not to have been due, it shall be withdrawn by the making of an assessment to tax under Case IV of Schedule D for the year of assessment for which the relief was given.
(2) Where any relief given in respect of shares for which either a husband or his wife has subscribed and which were issued while he was assessed in accordance with the provisions of section 194 (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , falls to be withdrawn by virtue of a subsequent disposal of those shares by the person who subscribed for them and at the time of the disposal the husband is not so assessable, any assessment for withdrawing that relief shall be made on the person making the disposal and shall be made by reference to the reduction of tax flowing from the amount of the relief regardless of any allocation of that reduction under section 198 (1) and (2) (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , or any allocation of a repayment of tax under section 195A (inserted by the Finance Act, 1983 ) of the Income Tax Act, 1967 .
(3) Subject to the following provisions of this section, any assessment for withdrawing relief which is made by reason of an event occurring after the date of the claim may be made within ten years after the end of the year of assessment in which that event occurs.
(4) No assessment for withdrawing relief in respect of shares issued to any person shall be made by reason of any event occurring after his death.
(5) Where a person has, by a disposal or disposals to which section 17 (1) (b) applies, disposed of all the ordinary shares issued to him by a company, no assessment for withdrawing relief in respect of any of those shares shall be made by reason of any subsequent event unless it occurs at a time when he is connected with the company within the meaning of section 14 .
(6) Subsection (3) is without prejudice to the proviso to section 186 (2) (a) of the Income Tax Act, 1967 .
(7) In its application to an assessment made by virtue of this section, section 550 of the Income Tax Act, 1967 , shall have effect as if the date on which the tax charged by the assessment becomes due and payable were—
(a) in the case of relief withdrawn by virtue of section 14 , 15 , 16 , 19 or 20 (1) in consequence of any event after the grant of the relief, the date of that event;
(b) in the case of relief withdrawn by virtue of section 17 (1) in consequence of a disposal after the grant of the relief, the date of the disposal;
(c) in the case of relief withdrawn by virtue of section 18 in consequence of a receipt of value after the grant of the relief, the date of the receipt;
(d) in the case of relief withdrawn by virtue of section 21 —
(i) so far as effect has been given to the relief in accordance with regulations under section 127 of the Income Tax Act, 1967 , the 5th day of April in the year of assessment in which effect was so given; and
(ii) so far as effect has not been so given, the date on which the relief was granted.
(8) For the purposes of subsection (7) the date on which the relief is granted is the date on which a repayment of tax for giving effect to the relief was made or, if there was no such repayment, the date on which the inspector issued a notice to the claimant showing the amount of tax payable after giving effect to the relief.
num: 24
paragraphs: —(1) Where an event occurs by reason of which any relief given to an individual falls to be withdrawn by virtue of section 14 , 17 or 18 , the individual shall within sixty days of his coming to know of the event give a notice in writing to the inspector containing particulars of the event.
(2) Where an event occurs by reason of which any relief in respect of any shares in a company falls to be withdrawn by virtue of section 15 , 16 , 18 , 19 , 20 or 21 —
(a) the company; and
(b) any person connected with the company who has knowledge of that matter;
shall within sixty days of the event or, in the case of a person within paragraph (b), of his coming to know of it, give a notice in writing to the inspector containing particulars of the event or payment.
(3) If the inspector has reason to believe that a person has not given a notice which he is required to give under subsection (1) or (2) in respect of any event, the inspector may by notice in writing require that person to furnish him within such time (not being less than sixty days) as may be specified in the notice with such information relating to the event as the inspector may reasonably require for the purposes of this Chapter.
(4) Where relief is claimed in respect of shares in a company and the inspector has reason to believe that it may not be due by reason of any such arrangement or scheme as is mentioned in section 14 (10), 15 (7) or 21 , he may by notice in writing require any person concerned to furnish him within such time (not being less than sixty days) as may be specified in the notice with—
(a) a declaration in writing stating whether or not, according to the information which that person has or can reasonably obtain, any such arrangement or scheme exists or has existed;
(b) such other information as the inspector may reasonably require for the purposes of the provision in question and as that person has or can reasonably obtain.
(5) References in subsection (4) to the person concerned are, in relation to sections 14 (10) and 21 , references to the claimant and, in relation to sections 15 (7) and 21 , references to the company and any person controlling the company.
(6) Where relief has been given in respect of shares in a company—
(a) any person who receives from the company any payment or asset which may constitute value received (by him or another) for the purposes of section 18 or 20 (3); and
(b) any person on whose behalf such a payment or asset is received,
shall, if so required by the inspector, state whether the payment or asset received by him or on his behalf is received on behalf of any person other than himself and, if so, the name and address of that person.
(7) Where relief has been claimed in respect of shares in a company, any person who holds or has held shares in the company and any person on whose behalf any such shares are or were held shall, if so required by the inspector, state whether the shares which are or were held by him or on his behalf are or were held on behalf of any person other than himself and, if so, the name and address of that person.
(8) No obligation as to secrecy imposed by statute or otherwise shall preclude the inspector from disclosing to a company that relief has been given or claimed in respect of a particular number or proportion of its shares.
num: 25
paragraphs: —(1) The sums allowable as deductions from the consideration in the computation for the purposes of capital gains tax of the gain or loss accruing to an individual on the disposal of shares in respect of which any relief has been given and not withdrawn shall be determined without regard to that relief, except that where those sums exceed the consideration they shall be reduced by an amount equal to—
(a) the amount of that relief, or
(b) the excess,
whichever is the less, but the foregoing provisions of this subparagraph shall not apply to a disposal falling within section 13 (5) of the Capital Gains Tax Act, 1975 .
(2) In relation to shares in respect of which relief has been given and not withdrawn, any question—
(a) as to which of any such shares issued to a person at different times a disposal relates; or
(b) whether a disposal relates to such shares or to other shares;
shall for the purposes of capital gains tax be determined as for the purposes of section 17 .
num: 26
paragraphs: —(1) A qualifying company may in the relevant period have one or more subsidiaries if—
(a) the conditions in subsection (2) are satisfied in respect of the subsidiary or each subsidiary and, except as provided in subsection (3), continue to be so satisfied until the end of the relevant period; and
(b) the subsidiary or each subsidiary was incorporated in the State and is a company—
(i) falling within section 15 (2) (a), or
(ii) which exists solely for the purpose of carrying on wholly or mainly in the State any trade which consists solely of any one or more of the following trading operations—
(I) the purchase of goods or materials for use by the qualifying company or its subsidiaries,
(II) the sale of goods or materials produced by the qualifying company or its subsidiaries,
or
(III) the rendering of services to or on behalf of the qualifying company or its subsidiaries.
(2) The conditions referred to in subsection (1) (a) are—
(a) that the qualifying company possesses all the issued share capital of, and all the voting power in, the subsidiary; and
(b) that no other person has control of the subsidiary within the meaning of section 158 of the Corporation Tax Act, 1976 ; and
(c) that no arrangements are in existence by virtue of which the conditions in paragraphs (a) and (b) could cease to be satisfied.
(3) The conditions referred to in subsection (1) (a) shall not be regarded as ceasing to be satisfied by reason only of the subsidiary or the qualifying company being wound up or dissolved without winding up if—
(a) it is shown that the winding up or dissolution is for bona fide commercial reasons and not part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax; and
(b) the net assets, if any, of the subsidiary or, as the case may be, the qualifying company are distributed to its members before the end of the relevant period, or in the case of a winding up, the end (if later) of three years from the commencement of the winding up.
num: 27
paragraphs: —(1) Shares subscribed for, issued to, held by or disposed of for an individual by a nominee shall be treated for the purposes of this Chapter as subscribed for, issued to, held by or disposed of by that individual.
(2) (a) Relief shall be given, and section 13 (1) (apart from the proviso thereto) shall not apply, in respect of an amount subscribed as nominee for an individual by a person or persons having the management of an investment fund designated by the Revenue Commissioners for the purposes of this section (“the managers of a designated fund”) where the amount so subscribed forms part of the fund.
(b) Save as provided by paragraph (a), relief shall not be given in respect of an amount subscribed as nominee for an individual by a person or persons having the management of an investment fund where the amount so subscribed forms part of the fund.
(3) The Revenue Commissioners may, if they think fit, having regard to the facts of the particular case and after such consultation, if any, as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them and subject to such conditions, if any, as they think proper to attach to the designation, designate an investment fund for the purposes of this Chapter.
(4) (a) The Revenue Commissioners may, by notice in writing given to the managers of a designated investment fund, withdraw the designation given for the purposes of this section to the fund in accordance with subsection (3) and, upon the giving of the notice, the fund shall cease to be a designated fund as respects any subscriptions made after the date of the notice referred to in paragraph (b).
(b) Where the Revenue Commissioners withdraw the designation of any fund for the purposes of this section, notice of the withdrawal shall be published, as soon as may be in Iris OifigiÃºil.
(5) Where an individual claims relief in respect of eligible shares in a company which have been issued to the managers of a designated fund as nominee for that individual, section 22 (2) shall apply as if it required—
(a) the certificate referred to in that paragraph to be issued by the company to the managers; and
(b) the claim for relief to be accompanied by a certificate issued by the managers, in such form as the Revenue Commissioners may authorise, furnishing such information as the Revenue Commissioners may require and certifying that the managers hold certificates issued to them by the companies concerned, for the purposes of section 22 (2) in respect of the holdings of eligible shares shown on the managers' certificate.
(6) The managers of a designated fund may be required by a notice given to them by an inspector or other officer of the Revenue Commissioners to deliver to the officer, within the time limited by the notice, a return of the holdings of eligible shares shown on certificates issued by them in accordance with subsection (5) in the year of assessment to which the return relates.
(7) Section 22 (6) shall not apply in relation to any certificate issued by the managers of a designated fund for the purposes of subsection (5).
(8) Without prejudice to the generality of subsection (3), the Revenue Commissioners shall designate a fund for the purposes of this Chapter if, but only if, they are satisfied that the fund is established under irrevocable trusts for the sole purpose of enabling individuals who qualify for the relief (hereafter in this subsection referred to as “qualifying individuals”) to invest in eligible shares of a qualifying company and that under the terms of the trusts it is provided—
(a) that the entire fund is to be invested without undue delay in eligible shares,
(b) that the fund is to subscribe only for shares which, subject to the circumstances of the qualifying individuals participating in the fund (hereafter in this subsection referred to as “participants”), qualify those participants for relief,
(c) that, pending investment in eligible shares, any moneys subscribed for the purchase of shares are to be placed on deposit in a separate account with a bank licensed, to transact business in the State,
(d) that any amounts received by way of dividends or interest are, subject to a commission in respect of management expenses not exceeding 5 per cent. of such income, to be paid without undue delay to the participants,
(e) that in connection with the establishment of the fund any charges made by way of management expenses do not in relation to any participant exceed a reasonable amount but in any case do not exceed five per cent. of the amounts subscribed to the fund by that participant,
(f) that audited accounts of the fund are submitted annually to the Revenue Commissioners as soon as may be after the end of each period for which accounts of the fund are made up,
(g) that the managers, the trustees of the fund and any of their associates are not for the time being connected either directly or indirectly with any company whose shares comprise part of the fund,
(h) that any discounts on eligible shares received by the trustees or managers of the fund are accepted solely for the benefit of the participants,
(i) that the fund is a closed fund and that the closing date for participation precedes the making of the first investment,
(j) if a limit is placed on the size of the fund or a minimum amount for investment is stipulated, that any subscriptions not accepted are to be returned without undue delay, and
(k) that no participant is allowed to have any shares in any company in which the fund has invested transferred into his name until five years have elapsed from the date of the issue of the shares to the fund.
num: 28
paragraphs: — (1) The provisions of section 465 of the Income Tax Act, 1967 , and section 63 of the Finance Act, 1969 , shall not apply to issues of securities to which this section applies which are made after the 25th day of January, 1984, unless a tender for any such securities was submitted on or before that date.
(2) This section applies to—
(a) Exchequer Bills issued by the Minister for Finance, and
(b) Agricultural Commodities Intervention Bills issued by the Minister for Agriculture.
num: 29
paragraphs: —(1) In this section—
“owner”, in relation to securities, means, at any time, the person who would be entitled, if the securities were redeemed at that time by the person who issued them, to the proceeds of the redemption;
“securities” includes—
(a) assets which are not chargeable assets for the purposes of capital gains tax by virtue of section 19 of the Capital Gains Tax Act, 1975 , and
(b) stocks, bonds and obligations of any government, municipal corporation, company or other body corporate whether creating or evidencing a charge on assets or not,
but does not include shares (within the meaning of the Companies Act, 1963 ) of a company (within the meaning aforesaid) or similar body;
“tax” means income tax or corporation tax, as appropriate.
num: 30
paragraphs: — Section 30 of the Finance Act, 1976 , is hereby amended—
(a) by the insertion of the following definition in subsection (1) before “assessment to tax”:
“‘the appropriate amount’ means—
(a) in the case of an assessment to income tax (other than an assessment to an amount representing income tax for the purposes of section 31 (1) (a) of the Corporation Tax Act, 1976 ) for the year 1984-85 or a subsequent year of assessment, 85 per cent. of the amount of tax found to be chargeable by the assessment on the determination of the appeal, and
(b) in the case of any other assessment to tax, 80 per cent. of the amount of tax found to be chargeable by the assessment on the determination of the appeal;”,
and
(b) by the substitution, in subsection (5), of the following paragraph for paragraph (b):
“(b) the appropriate amount,”.
num: 31
paragraphs: —Chapter IX of Part I of and the Third Schedule to the Finance Act, 1982 , are hereby amended as follows—
num: 32
paragraphs: —(1) In this section—
“approved body” means any body or institution in the State which may be approved of for the purposes of this section by the Minister for Finance and which—
(a) provides in the State any course one of the conditions of entry to which is related to the results of the Leaving Certificate Examination, a matriculation examination of a recognised university in the State or an equivalent examination held outside the State, or
(b) (i) is established on a permanent basis solely for the advancement wholly or mainly in the State of one or more of the approved subjects,
(ii) contributes to the advancement of that subject or those subjects on a national or regional basis, and
(iii) is prohibited by its constitution from distributing to its members any of its assets or profits;
“approved subject” means—
(a) the practice of architecture,
(b) the practice of art and design,
(c) the practice of music and musical composition,
(d) the practice of theatre arts,
(e) the practice of film arts, or
(f) any other subject approved of for the purposes of this section by the Minister for Finance;
“tax” means income tax or corporation tax, as the case may be.
(2) This section applies to a gift of money which—
(a) on or after the 6th day of April, 1984, is made to an approved body for the purpose of assisting that body to promote the advancement in the State of any approved subject,
(b) is applied by the approved body for the said purpose, and
(c) is not deductible in computing for the purposes of tax the profits or gains of a trade or profession or is not income to which the provisions of section 439 of the Income Tax Act, 1967 , apply.
(3) Where a person proves that he has made a gift to which this section applies and claims relief from tax by reference thereto, the provisions of subsection (4) or, as the case may be, subsection (5) shall apply:
Provided that, in determining the net amount of the gift for the purposes of those subsections, the amount or value of any consideration received by the said person as a result of making the gift, whether received directly or indirectly from the approved body to which the gift was made or otherwise, shall be deducted from the amount of the gift.
(4) For the purposes of income tax for the year of assessment in which a person makes a gift to which this section applies, the net amount thereof shall, subject to subsection (5), be deducted from or set off against any income of the person chargeable to income tax for that year and tax shall, where necessary, be discharged or repaid accordingly; and the total income of the person or, where the person is a wife whose husband is assessed to income tax in accordance with the provisions of section 194 (inserted by the Finance Act, 1980 ) of the Income Tax Act, 1967 , the total income of the husband shall be calculated accordingly:
Provided that relief under this section shall not be given to a person for a year of assessment—
(a) if the net amount of the gift (or the aggregate of the net amounts of gifts) made by him in that year, being a gift or gifts, as the case may be, to which this section applies, does not exceed £100, or
(b) to the extent to which the net amount of the gift (or the aggregate of the net amounts of gifts) made by him in that year, being a gift or gifts, as the case may be, to which this section applies, exceeds £10,000.
(5) Where a gift to which this section applies is made by a company—
(a) the net amount thereof shall, for the purposes of corporation tax, be deemed to be a loss incurred by the company in a separate trade in the accounting period of the company in which the gift is made, and
(b) the references in the proviso to subsection (4) to a year of assessment shall be construed as references to an accounting period of the company.
(6) (a) The Minister for Finance may, by notice in writing given to the body or institution, as the case may be, withdraw the approval of any body or institution for the purposes of this section and, upon the giving of the notice, the body or institution shall cease to be an approved body as respects any gifts made after the date of the notice referred to in paragraph (b).
(b) Where the Minister for Finance withdraws the approval of any body or institution for the purposes of this section, notice of its withdrawal shall be published, as soon as may be, in Iris OifigiÃºil.
num: 33
paragraphs: — (1) This section shall have effect only as respects a trade of farming carried on in an accounting period which ends on or after the 6th day of April, 1983.
(2) Section 31A (inserted by the Finance Act, 1976 ) of the Finance Act, 1975 , is hereby amended—
(a) by the substitution of “1984” for “1983” (inserted by the Finance Act, 1983 ) in paragraph (iv) (inserted by the Finance Act, 1979 ) of the proviso to subsection (4) (a),
(b) by the substitution of the following subsection for subsection (7) (inserted by the Finance Act, 1977 )—
“(7) Where in relation to an accounting period a company's opening stock value exceeds its closing stock value, the amount of the excess (in this section referred to as the company's ‘decrease in stock value’) shall, if the accounting period ends on a date before the 6th day of April, 1984, be treated in the computation of the company's trading income for the purposes of corporation tax, as a trading receipt of the company's trade for that accounting period:
Provided that the amount which is treated as a trading receipt of the company's trade for any accounting period (hereafter in this proviso referred to as ‘the first-mentioned period’) shall not exceed the amount determined by the formula—
A + B − C
where—
A is the aggregate amount of the deductions which, under the provisions of this section, the company was entitled to make in computing its trading income for accounting periods which end in the period (hereafter in this proviso referred to as ‘the relevant period’) beginning 10 years before the commencement of the first-mentioned period and ending on the day immediately preceding such commencement,
B is the aggregate amount of the deductions which, by virtue of section 26 (1) (a) (i) of the Finance Act, 1976 , the company was entitled to make in computing its trading profits for the purposes of income tax, for accounting periods which end in the relevant period, and
C is the aggregate of the amounts which, under this subsection, were treated as trading receipts of the company's trade for accounting periods which end in the relevant period.”, and
(c) by the substitution of the following subsection for subsection (9) (inserted by the Finance Act, 1977 )—
“(9) In the computation of a company's trading income for the purposes of corporation tax for any accounting period which ends on or after the 6th day of April, 1984, in which there is a decrease in stock value, there shall be treated as a trading receipt of the company's trade for that accounting period the amount (if any) by which A exceeds the aggregate of B and C
where—
A is the aggregate amount of the company's decreases in stock value in all accounting periods which ended on or after the 6th day of April, 1984,
B is the aggregate amount of the company's increases in stock value in all accounting periods which ended on or after the 6th day of April, 1984, and
C is the aggregate of the amounts which under this subsection are treated as trading receipts of the company's trade for preceding accounting periods:
Provided that the amount which is treated as a trading receipt of the company's trade for any accounting period (hereafter in this proviso referred to as ‘the first-mentioned period’) shall not exceed the amount determined by the formula—
D + E − F
where—
D is the aggregate amount of the deductions which, under the provisions of this section, the company was entitled to make in computing its trading income for accounting periods which end in the period (hereafter in this proviso referred to as ‘the relevant period’) beginning 10 years before the commencement of the first-mentioned period and ending on the day immediately preceding such commencement,
E is the aggregate amount of the deductions which, by virtue of section 26 (1) (a) (i) of the Finance Act, 1976 , the company was entitled to make in computing its trading profits, for the purposes of income tax, for accounting periods which end in the relevant period, and
F is the aggregate of the amounts which, under the provisions of this section, were treated as trading receipts of the company's trade for accounting periods which end in the relevant period.”,
and the said paragraph (iv), as so amended, is set out in the Table to this subsection.
TABLE
(iv) a deduction shall not be allowed under the provisions of this section in computing a company's trading income for any accounting period which ends on or after the 6th day of April, 1984.
(3) Section 12 of the Finance Act, 1976 , is hereby amended—
(a) by the substitution in subsection (3) of “1984-85” for “1983-84” (inserted by the Finance Act, 1983 ),
(b) by the substitution of the following subsection for subsection (5) (inserted by the Finance Act, 1978 )—
“(5) In the computation of a person's trading profits for an accounting period in which there is a decrease in stock value and which ends on a date in the period from the 6th day of April, 1976, to the 5th day of April, 1984, the amount of that decrease shall be treated as a trading receipt of the trade for that accounting period:
Provided that the amount which is so treated for any accounting period (hereafter in this proviso referred to as ‘the first-mentioned period’) shall not exceed an amount determined by the formula—
A−C
where—
A is the aggregate amount of the deductions which, under the provisions of this section, the person was entitled to make in computing his trading profits for accounting periods which end in the period (hereafter in this proviso referred to as ‘the relevant period’) beginning on the 6th day of April, 1975, or, if later, 10 years before the commencement of the first-mentioned period and ending on the day immediately preceding such commencement, and
C is the aggregate of the amounts which, under the provisions of this subsection, were treated as trading receipts of the person's trade for accounting periods which end in the relevant period.”,
and
(c) by the substitution of the following subsection for subsection ‘(6) (inserted by the Finance Act, 1977 )—
“(6) In the computation of a person's trading profits for any accounting period in which there is a decrease in stock value and which ends on or after the 6th day of April, 1984, there shall be treated as a trading receipt of the trade for that accounting period the amount (if any) by which A exceeds the aggregate of B and C
where—
A is the aggregate amount of the person's decreases in stock value in all accounting periods which ended on or after the 6th day of April, 1984,
B is the aggregate amount of the person's increases in stock value in all accounting periods which ended on or after the 6th day of April, 1984, and
C is the aggregate of the amounts which are treated as trading receipts of the person's trade for preceding accounting periods which ended on or after the 6th day of April, 1984:
Provided that the amount which, by virtue of this subsection, is treated as a trading receipt of the person's trade, for any accounting period (hereafter in this proviso referred to as ‘the first-mentioned period’) shall not exceed an amount determined by the formula—
D−E
where—
D is the aggregate amount of the deductions which, under the provisions of this section, the person was entitled to make in computing his trading profits for accounting periods which end in the period (hereafter in this proviso referred to as ‘the relevant period’) beginning on the 6th day of April, 1975, or, if later, ten years before the commencement of the first-mentioned period and ending on the day immediately preceding such commencement, and
E is the aggregate of the amounts which, under the provisions of this section, were treated as trading receipts of the person's trade for accounting periods which end in the relevant period.”,
and the said subsection (3), as so amended, is set out in the Table to this subsection.
TABLE
(3) Any deduction allowed by virtue of this section in computing a person's trading profits for an accounting period shall not have effect for any purpose of the Income Tax Acts for any year of assessment prior to the year 1974-75 or later than the year 1984-85.
(4) Section 13 of the Finance Act, 1982 , is hereby amended by the substitution of the following proviso for the proviso to subsection (3):
“Provided that the amount by which a decrease in stock value for an accounting period (hereafter in this proviso referred to as ‘the first-mentioned period’) is to be increased under this subsection shall not exceed the amount determined by the formula—
(A−B)−(C−D)
where—
A is the aggregate amount of the deductions, in respect of which either subsection (1) (c) or (2), as may be appropriate, had effect and as increased under that subsection, which were made in computing the profits of the trade of farming for accounting periods which end in the period (hereafter in this proviso referred to as ‘the relevant period’) beginning 10 years before the commencement of the first-mentioned period or, if later and in a case in which subsection (1) (c) had effect, the 6th day of April, 1975, and ending on the day immediately preceding such commencement,
B is the aggregate amount of the deductions included in A before they were increased under the provisions of either subsection (1) (c) or (2),
C is the aggregate amount of the decreases in trading stock, in respect of which this subsection has had effect and as increased under this subsection, which were treated as trading receipts of the trade of farming for accounting periods which end in the relevant period, and
D is the aggregate amount of the decreases included in C before they were increased under the provisions of this subsection.”.
(5) (a) Where a trade of farming (hereafter in this subsection referred to as “the relevant trade”) is carried on by a person, or by the personal representative of a person who has died and who carried on the relevant trade prior to his death, (hereafter in this subsection referred to as “the predecessor”) and that relevant trade ceases to be carried on by the predecessor and immediately thereafter commences to be carried on by a person (hereafter in this subsection referred to as “the successor”) who in relation to the predecessor is a qualifying person, the predecessor, or the personal representative of the predecessor where the predecessor is a person who has died, and the successor may jointly or, where the successor is the personal representative of a person who has died, the successor alone may, by notice in writing given to the inspector within two years of the end of the year of assessment in which the successor commenced to carry on the relevant trade, elect that the following provisions shall have effect:—
(i) section 62 of the Income Tax Act, 1967 , shall not apply, and
(ii) notwithstanding anything in the Income Tax Acts—
(I) the successor shall be allowed such deductions under section 31 of the Finance Act, 1975 , in computing the profits of the relevant trade carried on by him, and
(II) there shall be treated, under the provisions of subsections (5) and (6) of section 12 of the Finance Act, 1976 and section 13 of the Finance Act, 1982 , as trading receipts of the relevant trade carried on by the successor such amounts,
as would have been so allowed or would have been so treated, as the case may be, if the predecessor had continued to carry on the relevant trade and had done all such things and been allowed all such allowances in connection therewith as were done by or allowed to the successor.
(b) For the purposes of paragraph (a), a person (hereafter in this paragraph referred to as “the first-mentioned person”) is a qualifying person in relation to the predecessor if—
(i) in the case where the predecessor is not the personal representative of a person who has died and who carried on the trade of farming prior to his death, the first-mentioned person—
(I) is resident in the State in the year of assessment in which he commences to carry on the relevant trade and is not resident elsewhere, and
(II) is—
(A) the personal representative of the predecessor, or
(B) the spouse or child of the predecessor,
and, if he is such spouse or child as aforesaid, does not, at the time he commences to carry on the relevant trade, have any trading stock of a trade of farming other than the trading stock of the relevant trade,
(ii) in the case where the predecessor is the personal representative of a person who has died and who carried on the relevant trade prior to his death, the first-mentioned person—
(I) is resident in the State in the year of assessment in which he commences to carry on the relevant trade and is not resident elsewhere, and
(II) is the spouse or child of the person who has died,
and, if he is such spouse or child as aforesaid, does not, at the time he commences to carry on the relevant trade, have any trading stock of a trade of farming other than the trading stock of the relevant trade.
(c) This subsection shall apply only where the relevant trade and the trading stock thereof pass in their entirety to the successor.
(d) This subsection shall, with any necessary modifications, apply in a case where the relevant trade ceases to be carried on by a predecessor and immediately thereafter commences to be carried on by two or more persons who, in relation to the predecessor, are qualifying persons and are carrying on the relevant trade in partnership.
(e) In this subsection—
“child” has the same meaning as in section 27 (inserted by the Capital Gains Tax (Amendment) Act, 1978 ) of the Capital Gains Tax Act, 1975 ;
“personal representative” has the meaning corresponding to that assigned to personal representatives in Part XXIX of the Income Tax Act, 1967 .
num: 34
paragraphs: — Section 40 (1) of the Finance Act, 1977 (as extended by section 52 of the Finance Act, 1980 ) shall have effect in relation to the year 1984-85 as it has effect in relation to the years 1980-81 and 1981-82 with the modifications that—
(a) the reduced rate which, by virtue of the said section 40 (1) (as extended by this section) would, for the year 1984-85, be 70 per cent. of the standard rate shall, for that year, be 75 per cent. of the standard rate, and
(b) the amount representing income tax which, by virtue of the said section 40 (1) (as extended by this section) would, under an assessment made for 1984-85, be payable on the 1st day of January, 1985 (or, if it were later, on the day next after the day on which the assessment is made) shall be payable in two equal instalments as follows—
(i) the first instalment on the 1st day of October, 1984, or, if it is later, on the day next after the day on which the assessment is made, and
(ii) the second instalment on the 1st day of April, 1985, or, if it is later, on the day next after the day on which the assessment is made,
and the provisions of the Income Tax Acts as to the recovery of tax shall apply to each instalment of the tax in the same manner as they apply to the whole amount of the tax.
num: 35
paragraphs: —Each of the provisions of the Income Tax Act, 1967 , which are specified in the Table to this section and which were inserted by the Corporation Tax Act, 1976 , shall have effect as if the reference therein to the 1st day of April, 1984 (as provided for in section 26 of the Finance Act, 1979 ) were a reference to the 1st day of April, 1985.
TABLE
Subsection (4) (d) of section 251 (initial allowances)
Subsection (2A) (a) of section 254 (industrial buildings allowance)
Paragraph (ii) of the proviso to subsection (1) and paragraph (ii) of the proviso to subsection (3) of section 264 (annual allowances)
Paragraph (iii) of the proviso to subsection (1) of section 265 (balancing allowances and balancing charges)
num: 36
paragraphs: — Section 255 (1) of the Income Tax Act, 1967 , shall have effect, as respects capital expenditure incurred on or after the 25th day of January, 1984, as if the reference in paragraph (a) to a mill, factory or other similar premises included a reference to a laboratory the sole or main function of which is the analysis of minerals (including oil and natural gas) in connection with the exploration for, or the extraction of, such minerals.
num: 37
paragraphs: —As respects any claim made after the passing of this Act under subsection (2) of section 23 of the Finance Act, 1981 , in relation to expenditure incurred on the construction of a qualifying premises, the definition in subsection (1) (a) of that section of “qualifying premises” shall have effect as if the following paragraph were substituted for paragraph (iii):
“(iii) in respect of which, if it is not a new house (within the meaning of section 4 of the Housing (Miscellaneous Provisions) Act, 1979 ) provided for sale, there is in force a certificate of reasonable cost the amount specified in which in respect of the cost of construction of the house to which the certificate relates is not less than the expenditure actually incurred on such construction, and”.
num: 38
paragraphs: —(1) Section 25 of the Finance Act, 1981 , is hereby amended by the substitution in subsection (1), in the definition of “relevant expenditure”, of “1987” for “1984”, and the said definition, as so amended, is set out in the Table to this subsection.
TABLE
“relevant expenditure” means capital expenditure incurred on or after the 29th day of January, 1981, and before the 1st day of April, 1987, on the construction of a multi-storey car-park.
(2) The said section 25 is hereby further amended by the substitution of the following subsection for subsection (2):
“(2) All the provisions of the Tax Acts (other than section 25 of the Finance Act, 1978 ) relating to the making of allowances or charges in respect of capital expenditure on the construction of an industrial building or structure shall apply to relevant expenditure as if—
(a) it were expenditure incurred on the construction of a building or structure in respect of which an allowance falls to be made for the purposes of income tax or corporation tax, as the case may be, under Chapter II of Part XV or under Chapter I of Part XVI of the Income Tax Act, 1967 , by reason of its use for a purpose specified in section 255 (1) (a) of that Act, and
(b) the references to the 1st day of April, 1985 (as provided for by section 35 of the Finance Act, 1984) in the provisions of the Income Tax Act, 1967 (as inserted by the Corporation Tax Act, 1976 ) specified in the Table to this subsection, were references to the 1st day of April, 1987.
TABLE
Subsection (2A) (a) of section 254 (industrial buildings allowance)
Paragraph (ii) of the proviso to subsection (1) and paragraph (ii) of the proviso to subsection (3) of section 264 (annual allowances)
Paragraph (iii) of the proviso to subsection (1) of section 265 (balancing allowances and balancing charges)”.
num: 39
paragraphs: — Section 26 of the Finance Act, 1981 , is hereby amended by the substitution in subsection (1), in the definition of “qualifying period”, of “1989” for “1984”, and the said definition, as so amended, is set out in the Table to this section.
TABLE
“qualifying period” means the period commencing on the 29th day of January, 1981, and ending on the 31st day of March, 1989;
num: 40
paragraphs: —(1) (a) In this section—
num: 41
paragraphs: —Part IX of the Corporation Tax Act, 1976 , is hereby amended by the insertion after section 84 of the following section:
“Limitation on meaning of ‘distribution’.
84A.—(1) Any interest or other distribution which—
(a) is paid on or after the 25th day of January, 1984, out of the assets of a company (hereafter in this section referred to as ‘the borrower’) to another company which is within the charge to corporation tax, and
(b) is so paid in respect of a security of the borrower falling within subparagraph (ii), (iii) (I) or (v) of section 84 (2) (d),
shall not be a distribution for the purposes of this Act unless the application of this subsection is excluded by subsection (2), (7) or (9).
(2) Subsection (1) shall not apply to any interest which is paid by the borrower, in an accounting period of the borrower, to another company the ordinary trading activities of which include the lending of money, where—
(a) in that accounting period, the borrower carries on in the State a specified trade, and
(b) the interest, if it were not a distribution, would be treated as a trading expense of that trade for that accounting period.
(3) Subject to subsection (4), in subsection (2) ‘specified trade’ means a trade which consists wholly or mainly of—
(a) the manufacture of goods (including activities which would, if the borrower were to make a claim for relief in respect of the trade under Chapter VI of Part I of the Finance Act, 1980 , fall to be regarded for the purposes of that Chapter as the manufacture of goods), or
(b) exempted trading operations within the meaning of Part V (Profits from Trading within Shannon Airport), or
(c) the rendering of services in the course of a service undertaking in respect of which an employment grant was made by the Industrial Development Authority under section 2 of the Industrial Development (No. 2) Act, 1981 .
(4) Where the borrower mentioned in subsection (2) is a 75 per cent. subsidiary of—
(a) an agricultural society, or
(b) a fishery society,
‘specified trade’, in that subsection, means a trade of the borrower which consists wholly or mainly of either or both of—
(i) the manufacture of goods within the meaning of subsection (3) (a), and
(ii) the selling by wholesale of—
(I) where paragraph (a) applies, agricultural products, or
(II) where paragraph (b) applies, fish.
(5) For the purposes of subsections (3) and (4), a trade shall be regarded, as respects an accounting period, as consisting wholly or mainly of particular activities if, but only if, the total amount receivable by the borrower from sales made or, as the case may be, in payment for services rendered in the course of those activities in the accounting period is not less than 75 per cent. of the total amount receivable by the borrower from all sales made or, as the case may be, in payment for all services rendered in the course of the trade in that period.
(6) In subsection (4)—
‘agricultural society’ and ‘fishery society’ have the meanings assigned to them by section 18 of the Finance Act, 1978 ;
‘selling by wholesale’ means selling goods of any class to a person who carries on a business of selling goods of that class or who uses goods of that class for the purposes of a trade or undertaking carried on by him.
(7) Subsection (1) shall not apply to any interest or other distribution which is payable on or before the relevant day either—
(a) under an obligation which was entered into before the 25th day of January, 1984, or
(b) under an obligation which was entered into before the 1st day of March, 1984, pursuant to negotiations which were in progress between the borrower and a lender before the 25th day of January, 1984:
Provided that—
(i) an obligation shall be treated for the purposes of paragraphs (a) and (b) as having been entered into before a particular date if, but only if, before that date, there was in existence a binding contract in writing (hereafter in this section referred to as a ‘loan contract’) under which that obligation arose, and
(ii) negotiations pursuant to which an obligation was entered into shall not be regarded for the purposes of paragraph (b) as having been in progress before the 25th day of January, 1984, unless, on or before that date, preliminary commitments or agreements in relation to that obligation had been entered into between the lender referred to in that paragraph and the borrower.
(8) (a) Subject to paragraphs (b) and (c), ‘the relevant day’, in subsection (7), means the 24th day of January, 1989, or, if it is earlier—
(i) in the case of any principal which had been paid to the borrower on or before the 24th day of January, 1984, the last day of the period (hereafter in this subsection referred to as ‘the repayment period’) within which the borrower was, on the 24th day of January, 1984, under an obligation to repay the principal and interest, or
(ii) in the case of any principal paid to the borrower after the 24th day of January, 1984, under a loan contract which was entered into on or before that date, the last day of the period (hereafter in this subsection referred to as ‘the repayment period’) within which the borrower was, on the date on which the principal was so paid, under an obligation to repay the principal and interest.
(b) Paragraph (a) shall apply in the case of an obligation referred to in subsection (7) (b) as if—
(i) the reference in the said paragraph (a) to the 24th day of January, 1989, were a reference to the 28th day of February, 1989, and
(ii) each reference in the said paragraph (a) to the 24th day of January, 1984, were a reference to the date (being a date later than the 24th day of January, 1984, but earlier than the 1st day of March, 1984) on which the obligation was entered into.
(c) (i) Where the repayment period referred to in either paragraph (a) (i) or (a) (ii) is extended after the 24th day of January, 1984 (whether or not the right to such an extension arose out of the terms of the loan contract), then, subject to subparagraph (ii) of this paragraph, paragraph (a) (i) or (a) (ii), as the case may be, shall apply as if that extension had not been made.
(ii) Where the repayment period referred to in either paragraph (a) (i) or (a) (ii) is extended after the 24th day of January, 1984, but before the 1st day of March, 1984, pursuant to negotiations which were in progress between the borrower and a lender before the 25th day of January, 1984, then, notwithstanding subparagraph (i) of this paragraph, each of the said paragraphs (a) (i) and (a) (ii) shall apply as if the repayment period referred to therein were that repayment period as so extended (hereafter in this subparagraph referred to as ‘the extended period’) or, if the extended period ends after the 24th day of January, 1989, the part of the extended period which ends on that date.
(iii) Paragraph (ii) of the proviso to subsection (7) shall apply, with any necessary modifications, for the purposes of subparagraph (ii) of this paragraph as it applies for the purposes of subsection (7) (b).
(9) Subsection (1) shall not apply in a case where the consideration given by the borrower for the use of the principal secured represents more than a reasonable commercial return for the use of that principal:
Provided that, where this subsection applies, nothing in subparagraph (ii), (iii) (I) or (v) of section 84 (2) (d) shall operate so as to treat as a distribution for the purposes of this Act so much of the interest or other distribution as represents a reasonable commercial return for the use of that principal.”.
num: 42
paragraphs: —(1) In this section—
“preference shares” does not include preference shares—
(a) which are quoted on a stock exchange in the State, or
(b) which are not so quoted but which carry rights in respect of dividends and capital which are comparable with those general for fixed-dividend shares quoted on a stock exchange in the State;
“shares” includes stock.
(2) Subject to subsection (4), this section applies to any dividend which—
(a) is paid on or after the 25th day of January, 1984, by a company (hereafter in this section referred to as “the issuer”) to another company (hereafter in this section referred to as “the subscriber”) which is within the charge to corporation tax, and
(b) is so paid in respect of preference shares of the issuer.
(3) Notwithstanding any provision of the Tax Acts—
(a) the subscriber shall not be entitled to a tax credit in respect of a dividend to which this section applies, and
num: 43
paragraphs: —The Second Schedule to the Finance Act, 1978 , is hereby amended by the insertion in paragraph 2 of Part I after “manure spreading” of “relief milking”.
num: 44
paragraphs: — Chapter VIII of Part I of the Finance Act, 1982 , shall have effect as respects an accounting period or part of an accounting period of a company falling within the year ending on the 30th day of June, 1985, as it has effect as respects an accounting period or part of an accounting period of a company falling within the year ending on the 30th day of June, 1983, subject to the modifications that—
(a) in section 43 of that Act, in the definition of “relevant period”, “1985” shall be substituted for “1983”,
(b) in sections 44 and 45 of that Act, “1984” shall be substituted for “1982” in each place where it occurs, and
(c) in section 46 of that Act, “1983” shall be substituted for “1981”.
num: 45
paragraphs: — Chapter VI of Part I of the Finance Act, 1980 , is hereby amended—
(a) by the substitution in section 38 for the definition of “relevant accounting period” of the following definition:
“‘relevant accounting period’ means an accounting period or part of an accounting period of a company falling within the period from the 1st day of January, 1981 (or, where subsection (1CC) of section 39 applies, the 13th day of April, 1984) to the 31st day of December, 2000;”,
and
(b) by the insertion in section 39 after subsection (1C) (inserted by the Finance Act, 1981 ) of the following subsection:
“(ICC) (a) In this subsection ‘computer services’ means either or both of the following, that is to say:
(i) data processing services, and
(ii) software development services,
the work on the rendering of which is carried out in the State in the course of a service undertaking in respect of which an employment grant was made by the Industrial Development Authority under section 2 of the Industrial Development (No. 2) Act, 1981 .
(b) The following provisions shall apply for the purposes of relief under this Chapter in relation to a company carrying on a trade which consists of or includes the rendering of computer services:
(i) the rendering of the computer services shall be regarded as the manufacture within the State of goods,
(ii) any amount receivable in payment for the rendering of the computer services shall be regarded as an amount receivable from the sale of goods, and
(iii) subsection (1D) shall have effect as respects the company in relation to a claim by it for relief from tax by virtue of this subsection as it has effect as respects a company in relation to a claim by it for relief from tax by virtue of subsection (1B) or (1C).”.
num: 46
paragraphs: —Subsection (2) of section 51 of the Finance Act, 1983 , is hereby amended by the insertion before “section 18 (4)” of “section 16 (9),” and the said subsection (2), as so amended, is set out in the Table to this section.
TABLE
(2) The provisions of the Corporation Tax Act, 1976 , referred to in subsection (1) are section 16 (9), section 18 (4), subsection (8) (inserted by the Finance Act, 1982 ) of section 25, paragraph (b) of the proviso to section 26 (3) and sections 90, 91, 167 and 168.
num: 47
paragraphs: — Section 52 of the Finance Act, 1983 , is hereby amended by the substitution of—
(a) “31st day of December” for “8th day of February” in each place where it occurs, and
(b) “1st day of January, 1985” for “9th day of February, 1984” in each place where it occurs,
and the said section 52, as so amended, is set out in the Table to this section.
TABLE
num: 52
paragraphs: —(1) Notwithstanding anything in this Chapter, the amount of advance corporation tax which a company shall be liable to pay in respect of distributions made by it in an accounting period ending on or before the 31st day of December, 1984, shall be one-half of the amount of advance corporation tax which, apart from this section, the company would have been liable to pay in respect of those distributions.
(2) Where part of an accounting period of a company falls before the 1st day of January, 1985, and the other part falls in a period beginning on that date, this Chapter shall apply as if the part ending on the 31st day of December, 1984, and the part beginning on the 1st day of January, 1985, were two separate accounting periods.
num: 48
paragraphs: —In this Chapter—
“accounting period”—
(a) in relation to a company, means an accounting period determined in accordance with the provisions of section 9 of the Corporation Tax Act, 1976 , and
(b) in relation to a person other than a company, means a period of one year ending on the date to which the accounts of the person are usually made up or, where accounts have not been made up or where accounts have been made up for a greater or lesser period than one year, such period not exceeding one year as the Revenue Commissioners may determine;
“period of account” means the period for which a person's accounts are made up;
“qualifying trade” means a trade which is carried on in the State and which during an accounting period consists wholly or mainly of any one or more of the following classes of trading operations (hereafter in this Chapter referred to as “qualifying trading operations”)—
(a) the manufacture of goods,
(b) the carrying out of construction operations within the meaning of section 17 of the Finance Act, 1970 , or
(c) the sale of machinery or plant (excluding vehicles suitable for the conveyance by road of persons) or goods to a person engaged in a trade consisting wholly or mainly of farming or of trading operations of a class specified in paragraph (a) or (b) for use for the purposes of that trade,
and a trade which during an accounting period consists partly of qualifying trading operations and partly of other trading operations shall be regarded for the purposes of this definition as a trade which consists wholly or mainly of qualifying trading operations if, but only if, the total amount receivable in the accounting period from sales made in the course of qualifying trading operations is not less than 75 per cent. of the total amount receivable in the accounting period from all sales made in the course of the trade;
“trading stock”, in relation to a trade, has the same meaning as in section 62 of the Income Tax Act, 1967 , and in determining the value of trading stock at any time for the purposes of a deduction under section 49 or 51 , to the extent that, at or before that time, any payments on account have been received by the trader in respect of any trading stock, the value of that stock shall be reduced accordingly.
num: 49
paragraphs: —(1) Subject to the provisions of this Chapter, where a company which is resident in the State carries on in an accounting period a qualifying trade in respect of which it is within the charge to corporation tax under Case I of Schedule D it shall, in the computation for the purposes of corporation tax of its income from the qualifying trade, be entitled to a deduction under this section as if the deduction were a trading expense of the qualifying trade incurred in the accounting period.
(2) In any case where a company is entitled, in relation to an accounting period, to a deduction under this section in respect of a qualifying trade, that deduction shall be an amount determined by the formula
A
×
3
____
100
×
B
___
12
where—
A is the value at the beginning of the accounting period of the trading stock of the qualifying trade, and
B is the number of months or fractions of months comprised in the accounting period:
Provided that in no case shall the amount of the deduction as so computed exceed the amount of the income from the qualifying trade for the accounting period after account has been taken of all reductions of that income for that period by virtue of sections 16 and 18 of the Corporation Tax Act, 1976 , and all deductions from and additions to that income for that period by virtue of section 14 of that Act, but before any deduction is allowed under this section.
(3) A company shall not be entitled to a deduction under this section for any accounting period which ends before the 6th day of April, 1983, or after the 5th day of April, 1984.
(4) A company shall not be entitled to a deduction under this section for an accounting period unless it makes a claim for the deduction before—
(a) the date on which the assessment to corporation tax on the company for the accounting period becomes final and conclusive, or
(b) the 31st day of December next following the end of the year of assessment in which the accounting period ends,
whichever is the later.
num: 50
paragraphs: —Subject to section 56 , where in an accounting period (hereafter in this section referred to as “the first-mentioned accounting period”) a company carrying on a trade in respect of which a deduction under section 49 was allowed for any accounting period—
(a) ceases to carry on the trade, or
(b) ceases to be resident in the State, or
num: 51
paragraphs: —(1) In this section—
“relevant year” means the year 1984-85;
num: 52
paragraphs: —Subject to section 56 , where in an accounting period (hereafter in this section referred to as “the first-mentioned accounting period”) a person carrying on a trade in respect of which a deduction under section 51 was allowed for any accounting period—
(a) ceases to carry on the trade, or
(b) ceases to be resident in the State, or
num: 53
paragraphs: —Where for the purposes of this Chapter it is necessary to ascertain the value of a person's trading stock at a date other than the beginning of a period of account and that value has not in fact been ascertained, the person shall be treated as having at that date trading stock of such value as appears to the inspector (or, on appeal, to the Appeal Commissioners) to be reasonable and just having regard to all the relevant circumstances of the case and in particular to—
(a) the values of trading stock at the beginning and end of the period of account which includes the date in question,
(b) movements during that period of account in the costs of items of a kind comprised in the person's trading stock during the period, and
(c) changes during that period in the volume of the trade carried on by him.
num: 54
paragraphs: —Where a person (hereafter in this section referred to as “the first-mentioned person”) carries on in an accounting period a trade in respect of which a deduction under section 49 or 51 is claimed and, immediately before the beginning of that accounting period, the trade was not being carried on by him, then, unless—
(a) the first-mentioned person acquired the initial trading stock of the qualifying trade on a sale or transfer from another person on that person's ceasing to carry on the trade, and
(b) the stock so acquired is, or is included in, the first-mentioned person's trading stock as valued at the beginning of the accounting period,
the first-mentioned person shall be treated for the purposes of this Chapter as having at the beginning of the accounting period trading stock of such value as appears to the inspector (or, on appeal, to the Appeal Commissioners) to be reasonable and just having regard to all the relevant circumstances of the case and in particular to—
(i) movements during the accounting period in the costs of items of a kind comprised in the first-mentioned person's trading stock during the period, and
(ii) changes during that period in the volume of the trade carried on by him.
num: 55
paragraphs: —Where, before or after the beginning of a period of account, a person has acquired or disposed of trading stock otherwise than in the normal conduct of his trade, he shall be treated for the purposes of this Chapter as having at any relevant date in the period of account trading stock of such value as appears to the inspector (or, on appeal, to the Appeal Commissioners) to be reasonable and just having regard to all the circumstances of the case.
num: 56
paragraphs: —(1) Subject to subsection (3), this section applies to a relevant disposal of a trade.
(2) There shall be a relevant disposal of a trade where—
(a) a trade carried on by one company (hereafter in this section referred to as “the predecessor”) is transferred to another company (hereafter in this section referred to as “the successor”) and section 20 of the Corporation Tax Act, 1976 , has effect in relation to the transfer, or
(b) a trade carried on by an individual or by persons in partnership (hereafter in this section referred to as “the predecessor”) is transferred to a company (hereafter in this section referred to as “the successor”) and at the date of the transfer not less than three-quarters of the ordinary share capital of the company is held by that individual or those persons, as the case may be, or
(c) a person (hereafter in this section referred to as “the successor”) succeeds to a trade on the death of a deceased person (hereafter in this section referred to as “the predecessor”) who carried on that trade, or
(d) a trade carried on by an individual (hereafter in this section referred to as “the predecessor”) is disposed of in his lifetime to a child of his (hereafter in this section referred to as “the successor”).
(3) This section shall not apply unless—
(a) in a case where subsection (2) (a) or (2) (b) applies, the trading stock of the trade is transferred at cost or market value, and
num: 57
paragraphs: —The provisions of this Chapter shall apply with any necessary modifications to a trade carried on by a partnership as they apply to a trade carried on otherwise than by a partnership.
num: 58
paragraphs: —There shall be made such assessments, additional assessments, reductions of assessments or repayments of tax as are required to give effect to this Chapter.
num: 59
paragraphs: —(1) Subject to sections 60 and 65 , this section applies to any amount which, as respects an accounting period of a company ending after the 5th day of April, 1982, would, apart from this section, fall to be treated by virtue of section 31A (inserted by the Finance Act, 1976 ) of the Finance Act, 1975 , as a trading receipt of the company's trade for that accounting period.
(2) Notwithstanding any provision to the contrary other than section 60 , an amount to which this section applies in relation to a company shall not be treated as a trading receipt of the company's trade.
num: 60
paragraphs: —Subject to section 63 , section 59 shall not have effect as respects a trade of a company where the provisions of subsection (10) (inserted by the Finance Act, 1977 ) of section 31A of the Finance Act, 1975 , apply in relation to an accounting period of the company ending before the 6th day of April, 1988.
num: 61
paragraphs: —(1) Subject to sections 62 and 65 , this section applies to any amount which, as respects an accounting period ending after the 5th day of April, 1982, would, apart from this section, fall to be treated by virtue of section 12 of the Finance Act, 1976 , as a trading receipt of a person's trade for that accounting period.
(2) Notwithstanding any provision to the contrary other than section 62 , an amount to which this section applies in relation to a person shall not be treated as a trading receipt of the person's trade.
num: 62
paragraphs: —Subject to section 63 , section 61 shall not have effect as respects a trade of a person where the provisions of subsection (8) (inserted by the Finance Act, 1977 ) of section 12 of the Finance Act, 1976 , apply in relation to an accounting period of the person ending before the 6th day of April, 1988.
num: 63
paragraphs: — Section 56 shall have effect with any necessary modifications for the purposes of this Chapter as it has effect for the purposes of Chapter VIII as if the references in subsection (4) of that section to section 50 or 52 were references respectively to section 60 or 62 .
num: 64
paragraphs: —(1) Save as respects a trade of farming, the Tax Acts shall have effect, and shall be deemed always to have had effect, as if subsections (3) and (4) of section 26 of the Finance Act, 1983 , had not been enacted.
(2) Where, by virtue of either subsection (3) (b) or (4) (b) of the said section 26, any amount was, notwithstanding subsection (1) of this section, treated as a trading receipt for the purpose of any assessment to tax, there shall be made such assessments, additional assessments, reductions of assessments or repayments of tax as may in any case be required in order to give effect to the said subsection (1).
num: 65
paragraphs: —This Chapter shall not have effect as respects any amount which would, apart from this Chapter, fall to be treated by virtue of section 31A of the Finance Act, 1975 , or section 12 of the Finance Act, 1976 , as a trading receipt of a trade of farming.
num: 66
paragraphs: — Section 19 of the Capital Gains Tax Act, 1975 , shall apply in relation to securities issued—
(a) in the State, with the approval of the Minister for Finance, by the European Coal and Steel Community, the European Atomic Energy Community or the European Investment Bank as it applies to the forms of security specified in paragraph (a) of that section, and
(b) by An Post or Bord Telecom Ãireann and guaranteed by the Minister for Finance as it applies to the forms of security specified in paragraph (d) of that section.
num: 67
paragraphs: — Section 25 of the Capital Gains Tax Act, 1975 , is hereby amended by the insertion after subsection (10) of the following subsection:
“(10A) (a) In this subsection—
‘base date’, in relation to an asset disposed of by an individual, means the date of acquisition by him of the asset or, if the asset was held by him on the 6th day of April, 1974, that date;
‘base value’, in relation to an asset disposed of by an individual, means the amount or value of the consideration, in money or money's worth, given by him or on his behalf wholly and exclusively for the acquisition of the asset exclusive of the incidental costs to him of the acquisition or, if the asset was held by him on the 6th day of April, 1974, the market value of the asset on that date;
‘current use value’ and ‘development land’ have the same meanings as in section 36 of the Finance Act, 1982 .
(b) Where—
(i) a gain accrues to an individual on the disposal of, or of an interest in, an asset which is development land, and
(ii) apart from this subsection relief would be given under this section in respect of the disposal of that asset (being an asset within subsection (1) or (9A)), and
(iii) the disposal was made on or after the 25th day of January, 1984,
then, subject to paragraph (c), the relief aforesaid shall be given in respect of the gain (or, where appropriate, of a portion of the gain), only to the extent (if any) to which such relief would be given if, in computing the chargeable gain accruing on the disposal (notwithstanding that the disposal was a disposal of development land), there were excluded from the computation—
(I) the amount (if any) by which the base value of the asset exceeds the current use value of the asset on the base date,
(II) the amount by which the consideration for the disposal of the asset exceeds the current use value of the asset on the date of the disposal,
(III) if the asset was not held by him on the 6th day of April, 1974, such proportion (if any) of the incidental costs to the individual of the acquisition of the asset as would be referable to the amount (if any) referred to in subparagraph (I), and
(IV) such proportion of the incidental costs to the individual of the disposal of the asset as would be referable to the amount referred to in subparagraph (II).
(c) Paragraph (b) shall not apply to a disposal made by an individual in any year of assessment if the total consideration in respect of all disposals made by that individual in that year and to which that paragraph would otherwise apply does not exceed £15,000.”.
num: 68
paragraphs: —In this Part “the Order of 1975” means the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975).
num: 69
paragraphs: —(1) Subject to paragraph 4 of the Imposition of Duties (No. 258) (Beer) (No. 2) Order, 1982 (S.I. No. 37 of 1982), the duty of excise on beer imposed by paragraph 7 (1) of the Order of 1975 shall be charged, levied and paid, as on and from the 26th day of January, 1984, at the rate of £146.047 for, in the case of all beer brewed within the State, every 36 gallons of worts of a specific gravity of 1,055 degrees, and, in the case of all imported beer, every 36 gallons of beer of which the worts were before fermentation of a specific gravity of 1,055 degrees, in lieu of the rate specified in paragraph 4 (1) of the Imposition of Duties (No. 263) (Excise Duties) (No. 2) Order, 1983 (S.I. No. 42 of 1983).
(2) Subject to paragraph 5 of the Imposition of Duties (No. 267) (Beer) (No. 2) Order, 1983 (S.I. No. 398 of 1983), the drawback on beer provided for in paragraph 7 (3) of the Order of 1975 shall, as respects beer on which it is shown to the satisfaction of the Revenue Commissioners that duty at the rate specified in subsection (1) has been paid, be calculated, according to the original specific gravity of the beer, at the rate of £146.047 on every 36 gallons of beer of which the original specific gravity was 1,055 degrees.
(3) Where it is shown to the satisfaction of the Revenue Commissioners that beer in respect of which the duty of excise imposed by paragraph 7 (1) of the Order of 1975 has been paid has been used, on or after the 1st day of March, 1984, by any person as an ingredient in the production or manufacture of a beverage (other than beer) containing not more than 1.2% of alcohol by volume, they may, subject to compliance with such conditions as they may think fit to impose, repay to that person the duty of excise paid on the quantity of beer so used.
num: 70
paragraphs: —(1) In this section and in the Third Schedule “cigarettes”, “cigars”, “cavendish or negrohead”, “hard pressed tobacco”, “other pipe tobacco”, “smoking tobacco”, “chewing tobacco” and “tobacco products” have the same meanings as they have in the Finance (Excise Duty on Tobacco Products) Act, 1977 , as amended by the Imposition of Duties (No. 243) (Excise Duty on Tobacco Products) Order, 1979 (S.I. No. 296 of 1979).
num: 71
paragraphs: —(1) In this section and in the Fourth Schedule—
“actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature;
“the Order of 1983” means the Imposition of Duties (No. 263) (Excise Duties) (No. 2) Order, 1983 (S.I. No. 42 of 1983);
“% vol” means alcoholic strength by volume.
num: 72
paragraphs: —(1) In the Fifth Schedule—
“actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature;
“% vol” means alcoholic strength by volume.
num: 73
paragraphs: —(1) In this section—
“the Order of 1983” means the Imposition of Duties (No. 264) (Hydrocarbons) Order, 1983 (S.I. No. 85 of 1983);
“aviation gasoline” means mineral hydrocarbon light oil within the meaning of paragraph 11 (15) of the Order of 1975 which—
(a) is specially manufactured as fuel for aircraft, and
(b) is not normally used in motor vehicles, and
(c) is delivered for use solely as fuel for aircraft.
(2) Subject to subsection (3), the duty of excise on mineral hydrocarbon light oil imposed by paragraph 11 (1) of the Order of 1975 shall be charged, levied and paid, as on and from the 26th day of January, 1984, at the rate of £23.78 per hectolitre in lieu of the rate specified in paragraph 4 (1) of the Order of 1983.
(3) As on and from the 1st day of June, 1984, the duty of excise on mineral hydrocarbon light oil imposed by paragraph 11 (1) of the Order of 1975, insofar as it is chargeable on aviation gasoline, shall be charged, levied and paid at one-half of the rate which, but for this subsection, would be chargeable.
(4) (a) The Revenue Commissioners may make regulations for the purpose of giving full effect to the provisions of subsection (3).
(b) In particular, but without prejudice to the generality of paragraph (a), regulations under this subsection may—
(i) govern the sale, delivery, storage and use of aviation gasoline,
(ii) require that aviation gasoline shall be deposited in a bonded warehouse prior to its delivery for home use,
(iii) prohibit the use of aviation gasoline otherwise than as a fuel for aircraft,
(iv) prohibit the taking of aviation gasoline into a fuel tank other than the fuel tank of an aircraft,
(v) provide that aviation gasoline shall not be mixed with any other substance, save with the permission of the Revenue Commissioners,
(vi) require a manufacturer of, or a person who imports or deals in or uses, aviation gasoline to keep in a specified manner, and to preserve for a specified period, such accounts and records relating to the manufacture, importation, purchase, receipt, storage, sale or use of aviation gasoline as may be specified and to keep for a specified period any other books or documents relating to any of the matters aforesaid and to allow an officer of Customs and Excise to inspect and take copies of such accounts and records and of any other books or documents kept by him relating to any of the matters aforesaid,
(vii) require a manufacturer of, or a person who imports or deals in or uses, aviation gasoline to furnish, at such times and in such form as may be specified, such information and returns in relation to such matters as may be specified.
(c) Any person who contravenes or fails to comply with a regulation under this subsection shall, without prejudice to any other penalty to which he may be liable, be guilty of an offence and shall be liable on summary conviction to an excise penalty of £1,000 and any aviation gasoline in respect of which the offence was committed, and any substance mixed therewith, shall be liable to forfeiture, and, in the case of an offence involving a motor vehicle, the vehicle shall be liable to forfeiture.
(5) (a) For the purposes of the provisions of subsection (3) and regulations under subsection (4), an officer of Customs and Excise may, at all reasonable times, enter premises in which aviation gasoline is, or is reasonably believed by the officer to be kept or stored and may there make such search and investigation and take such samples of aviation gasoline, or any substance reasonably believed by the officer to be or to contain aviation gasoline, as the officer shall think proper, and may inspect and take copies of or extracts from any books or other documents there found reasonably believed by the officer to relate to any dealing in aviation gasoline.
(b) Any person who resists, obstructs or impedes an officer of Customs and Excise in the exercise of any power conferred on him by this subsection shall be guilty of an offence and shall be liable on summary conviction to an excise penalty of £500.
(6) The duty of excise on hydrocarbon oil imposed by paragraph 12 (1) of the Order of 1975 shall be charged, levied and paid, as on and from the 26th day of January, 1984, at the rate of £17.21 per hectolitre in lieu of the rate specified in paragraph 4 (2) of the Order of 1983.
(7) As on and from the 26th day of January, 1984, the rate of any repayment allowed under paragraph 12 (11) of the Order of 1975 in respect of hydrocarbon oil on which such repayment is allowable shall be the amount of excise duty paid less an amount calculated at the rate of £1.79 per hectolitre.
(8) Subject to the provisions of the Imposition of Duties (No. 265) (Excise Duty on Hydrocarbon Oils) Order, 1983 (S.I. No. 126 of 1983), the amount of the rebate allowed under paragraph 12 (3) of the Order of 1975 shall, in respect of fuel oil within the meaning of paragraph 3 of the Imposition of Duties (No. 256) (Excise Duty on Hydrocarbon Oils) Order, 1981 (S.I. No. 404 of 1981), which is intended for use for a purpose other than the generation of electricity for sale and is imported or delivered from the premises of a refiner of hydrocarbon oil or from a bonded warehouse on or after the 26th day of January, 1984, be the amount of excise duty chargeable less an amount calculated at the rate of £0.76 per hectolitre.
(9) The duty of excise on gaseous hydrocarbons in liquid form imposed by section 41 (1) of the Finance Act, 1976 , shall be charged, levied and paid, as on and from the 26th day of January, 1984, at the rate of £0.767 per gallon in lieu of the rate specified in paragraph 4 (4) of the Order of 1983.
num: 74
paragraphs: —(1) (a) Section 65 (5) of the Finance Act, 1982 , shall be amended, as on and from the 1st day of April, 1984, by the insertion of the following paragraphs after paragraph (d):
“(dd) relating to a person under the age of 18 years who is travelling as a member of a group of at least 10 such persons on a journey organised for educational purposes by a primary school or a post primary school or by a voluntary non profit-making organisation established for the purpose of promoting the educational advancement or welfare of young persons, or
(ddd) relating to a mentally handicapped person travelling as a member of a group of at least 5 such persons on a journey organised by an organisation established for the purpose of promoting the welfare of mentally handicapped persons, or”.
(b) Any duty of excise paid in respect of a passenger ticket issued on or after the 1st day of April, 1984, and to which paragraph (ddd) (inserted by this subsection) of section 65 (5) of the Finance Act, 1982 , applies may be repaid.
(2) Where a passenger ticket within the meaning of section 65 of the Finance Act, 1982 , is received in the State on or after the 26th day of January, 1984, by the person to whose carriage it relates or by another person on his behalf, the ticket shall, notwithstanding that it was sent or brought to the State from outside the State, be deemed, for the purposes of the said section 65, to have been issued in the State and to have been so issued on the date on which it was sent or brought to the State.
num: 75
paragraphs: —(1) In this section—
“the Order of 1979” means the Imposition of Duties (No. 236) (Excise Duties on Motor Vehicles, Televisions and Gramophone Records) Order, 1979 (S.I. No. 57 of 1979);
“dutiable goods” has the same meaning as it has in the Order of 1979.
(2) (a) The Revenue Commissioners may make regulations for the purpose of giving full effect to the provisions of the Order of 1979.
(b) In particular, but without prejudice to the generality of paragraph (a), regulations under this subsection may—
(i) prescribe the method of charging, securing and collecting the duties imposed by paragraphs 4 and 5 of the Order of 1979,
(ii) govern the importation, manufacture, storage, warehousing and exportation of dutiable goods and articles and materials for use in the manufacture thereof,
(iii) require a person liable to pay either of the duties imposed by paragraphs 4 and 5 of the Order of 1979 to keep in a specified manner, and to preserve for a specified period, such records and accounts relating to the importation, receipt, manufacture, sale and delivery of dutiable goods, or articles and materials for use in the manufacture thereof, as may be specified and to allow an officer of Customs and Excise to inspect and take copies of or extracts from such records and accounts and any other books and documents kept by him relating to any of the matters aforesaid,
(iv) require a manufacturer of dutiable goods to make proper entry with the proper officer of Customs and Excise of all premises intended to be used by him in the carrying on of his business as such manufacturer and provide for the method of such entry with the said officer,
(v) provide for the approval by the Revenue Commissioners of premises to be used by a manufacturer of dutiable goods for the receipt, storage, manufacture, or delivery of such goods or articles or materials for use in the manufacture thereof and for the compliance, as respects the premises, by the said manufacturer with such conditions as may be specified in writing by an officer of the Revenue Commissioners,
(vi) require a person liable to pay either of the duties imposed by paragraphs 4 and 5 of the Order of 1979 to furnish at such times and in such form as may be specified such information and returns as may be specified in relation to such matters as may be specified,
(vii) make provision for the issue of certificates, in such form as may be specified, in relation to motor vehicles liable to the duty imposed by paragraph 4 of the Order of 1979.
(3) An officer of Customs and Excise may, at all reasonable times, enter premises on which the manufacture of dutiable goods is reasonably believed by the officer to be carried on or on which dutiable goods, or books or other documents relating to the manufacture or storage of such goods, are reasonably believed by such officer to be stored or kept and may there make such search and investigation as the officer shall think proper and may inspect and take copies of or extracts from any books or other documents there found reasonably believed by the officer to relate to the manufacture of dutiable goods.
(4) Section 3 of the Excise Act, 1848 , shall apply in relation to the duties imposed by paragraphs 4 and 5 of the Order of 1979 with the modification that “three years” shall be substituted for “six calendar months”.
(5) Where a motor vehicle liable to the duty imposed by paragraph 4 of the Order of 1979 is imported into the State, or is delivered within the meaning of that Order, an officer of Customs and Excise may, at any time within three years after such importation or delivery, as the case may be, require any person to whom that vehicle has been sold or otherwise disposed of (as the case may be) to do either or both of the following things, that is to say:
(a) to furnish to such officer, within such time and in such form and manner as is specified by such officer, all such information in relation to such vehicle as is reasonably required by such officer and is in the possession or procurement of such person;
(b) within such time as is specified by such officer, to produce to such officer and permit him to inspect and take copies of or extracts from all such books and documents relating to such vehicle as are reasonably required by such officer and are in the possession, custody or procurement of such person.
(6) Any person who resists, obstructs or impedes an officer of Customs and Excise in the exercise of any power conferred on him by this section shall be guilty of an offence and shall be liable on summary conviction to an excise penalty of £500.
(7) A person who contravenes or fails to comply with any of the provisions of the Order of 1979 or of regulations under subsection (2), or who fails or refuses to do anything which he is required under subsection (5) by an officer of Customs and Excise to do, shall, without prejudice to any other penalty to which he may be liable, be guilty of an offence and shall be liable on summary conviction to a penalty, under the law relating to customs or the law relating to excise (as the case may be), of £1,000, and any goods in respect of which the offence was committed shall be liable to forfeiture.
(8) (a) Paragraph 21 of the Order of 1979 is hereby revoked.
(b) Paragraph 24 (1) of the Order of 1979 is hereby amended by the deletion of “and paragraph 21 of this Order”.
(c) The reference to subparagraph (2) of paragraph 21 of the Order of 1979 in paragraphs 4, 5 and 7 of that Order shall be construed as a reference to subsection (2) and the reference to the said paragraph 21 in paragraph 24 (2) of that Order shall be construed as a reference to subsection (4).
(9) (a) In this subsection “continuous seat” includes two or more separate seats which are divided by such means as to allow such seats to be used as one continuous seat.
(b) For the purposes of the duty of excise on motor vehicles imposed by paragraph 4 of the Order of 1979, a motor vehicle shall not be deemed to be designed, constructed or adapted for the carriage of more than sixteen persons (inclusive of the driver) unless it has seating accommodation, calculated as follows, for more than sixteen persons:
(i) each separate seat which is fitted as a permanent fixture to the vehicle and on which a person could be seated, allowing a width of sixteen inches measured lengthwise on the front of the seat for such person, shall be reckoned as accommodating one person;
(ii) each continuous seat fitted as a permanent fixture to the vehicle shall be reckoned as accommodating the number of persons who could be seated on such seat, allowing a width of sixteen inches measured lengthwise on the front of each such seat for each person.
(c) Where the total seating accommodation of a vehicle calculated under this subsection consists of a whole number and a fraction, the fraction shall be disregarded.
num: 76
paragraphs: —(1) In this section—
“authorised racecourse” has the same meaning as it has in the Racing Board and Racecourses Act, 1945 ;
“duty” means, save where the context otherwise requires, the excise duty on bets imposed by section 24 of the Finance Act, 1926 ;
“greyhound race track” and “authorised coursing meeting” have the same meanings as they have in the Greyhound Industry Act, 1958 ;
“licensed bookmaker”, “premises”, “registered premises” and “registered proprietor” have the same meanings as they have in the Betting Act, 1931 ;
“register” means the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 ;
“return” includes Official Betting Sheet within the meaning of the Betting Duty (Official Sheets) Regulations, 1934 (S.R. &.O., No. 114 of 1934).
(2) Where, in respect of any registered premises, arrears of duty are due and owing or any return which is required by regulations made by the Revenue Commissioners to be furnished in respect of the premises is not furnished within such period as is for the time being specified for that purpose, the Revenue Commissioners may cause a notice in writing to be sent to the registered proprietor of the said premises stating that, if the said arrears are not paid or the said returns are not furnished within seven days from the date on which the said notice is sent, the premises shall be removed from the register under subsection (4).
(3) Any notice under subsection (2) shall be in such form as the Revenue Commissioners may prescribe and shall be sent by registered post to the registered proprietor as aforesaid at the registered premises to which it relates.
(4) If the arrears or the returns referred to in subsection (2) are not paid or furnished, as the case may be, within the period specified in a notice sent under that subsection, the Revenue Commissioners shall, notwithstanding the provisions of section 12 of the Betting Act, 1931 , remove from the register the registered premises to which the notice relates.
(5) Whenever any premises are removed from the register under subsection (4), the person who was the registered proprietor of such premises immediately before such removal shall, on demand in writing delivered at or sent by post to such premises, deliver or send to the Revenue Commissioners the latest certificate of registration of such premises issued under section 12 of the Betting Act, 1931 , or the latest certificate of renewal of registration of such premises issued under the said section 12 or subsection (7), and a person who fails so to deliver or send such certificate within seven days after such demand shall be guilty of an offence and shall be liable on summary conviction to an excise penalty of £100.
(6) (a) Whenever any premises are removed from the register under subsection (4) and the registration of the premises is not renewed under subsection (7) or under the Betting Act, 1931 , an officer of Customs and Excise may enter the premises at any time if the business of bookmaking is being, or is suspected by such officer to be, carried on therein and may there search for and demand the production of any books, accounts, betting slips, betting dockets or any other documents relating or believed by such officer to relate to the business of bookmaking and any such books or other documents relating to the business of bookmaking shall be liable to forfeiture and may be seized and removed from the premises by the said officer.
(b) Section 31 (2) of the Finance Act, 1929 , shall not apply to the removal of documents from premises under paragraph (a).
(c) Every person who resists, obstructs or impedes an officer of Customs and Excise in the exercise of any right or power conferred on such officer by this subsection or refuses without lawful and sufficient excuse to produce any books or other documents which he is required by such officer under this subsection to produce shall be guilty of an offence and shall be liable on summary conviction to an excise penalty of £500.
(7) (a) Subject to paragraph (b), where—
(i) all arrears of duty which are due and owing in respect of any premises which were removed from the register under subsection (4) are paid, and
(ii) all returns required by regulations made by the Revenue Commissioners to be furnished in respect of the premises are furnished,
the Revenue Commissioners shall, not later than seven days after the date on which the said arrears are paid and the said returns are furnished, renew the registration of the premises in the register and shall issue to the person who was the registered proprietor of the premises immediately before the premises were removed from the register a certificate in the prescribed form of such renewal of registration.
(b) The registration of premises shall not be renewed under paragraph (a)—
(i) on any date later than the 30th day of November next after the date on which the premises were last removed from the register under subsection (4), or
(ii) if any of the circumstances by reference to which premises would be removed from the register under section 17 of the Betting Act, 1931 , obtain in respect of the said premises at the time at which such renewal would otherwise be granted under paragraph (a).
(c) The duty of excise imposed by section 18 of the Finance Act, 1931 , on the registration and on the renewal of the registration of any premises in which the business of bookmaking is carried on shall not be charged on the renewal of the registration of premises in the register under this subsection and, notwithstanding section 12 (3) of the Betting Act, 1931 , the said renewal shall commence and take effect from the date on which the certificate of such renewal is issued by the Revenue Commissioners under paragraph (a).
(8) (a) A person shall not, in the course of carrying on business as a bookmaker or acting as a bookmaker, accept a bet in any premises which are not for the time being registered in the register.
(b) A person who accepts a bet in contravention of this subsection shall, without prejudice to any other penalty to which he may be liable, be guilty of an offence and shall be liable on summary conviction to an excise penalty of £1,000.
(c) This subsection shall not apply to a licensed bookmaker who is lawfully carrying on the business of a bookmaker at, or in the precincts of, an authorised racecourse, a greyhound race track or an authorised coursing meeting in accordance with the Racing Board and Racecourses Act, 1945 , or the Greyhound Industry Act, 1958 .
(9) Any person employed by the registered proprietor of registered premises as a clerk or assistant in those premises or any other person acting for or on behalf of the said proprietor who makes any entry on any slip or other document by means of which a bet is made, knowing that the said entry is false, or who substitutes for any such slip or document another document which is false, or who makes any entry in any book or document kept for the purpose of recording particulars of bets in the said premises knowing that the said entry is false, or who is otherwise knowingly concerned in the fraudulent evasion or attempt at evasion of duty shall be guilty of an offence and shall be liable on summary conviction to an excise penalty of £1,000.
num: 77
paragraphs: — Section 11 (1) of the Betting Act, 1931 , shall be amended by the insertion of the following paragraph after paragraph (m):
“(mm) that—
(i) the premises are so constructed or so subdivided, or of such size, as to prevent or hinder the proper performance of any surveys, inspections or investigations that may be required to be carried out by an officer of Customs and Excise in the said premises for purposes connected with any duty for the time being payable on or in respect of bets, or
(ii) at the time of the application for the certificate, any returns that were required by regulations made by the Revenue Commissioners to be furnished by the applicant in respect of the premises for purposes connected with any such duty as aforesaid had not been so furnished, or
(iii) at the time of the application for the certificate, arrears of any such duty as aforesaid are due and owing by any person in respect of the premises, or
(iv) such security as is required by the Revenue Commissioners for the payment of any such duty as aforesaid payable by the applicant has not been furnished by him,
and that the Revenue Commissioners have so notified the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the premises are situate;”.
num: 78
paragraphs: — Section 1 of the Probation of Offenders Act, 1907 , shall not apply in relation to offences under the statutes which relate to the duties of excise and to the management of those duties.
num: 79
paragraphs: —Subsection (2) of section 29 of the Finance Act, 1963 , is hereby amended by the substitution of “£1,000” for “one hundred pounds” and the said subsection (2), as so amended, is set out in the Table to this section.
TABLE
(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 £1,000; and the motor vehicle shall be liable to forfeiture and the offender may either be detained or proceeded against by summons.
num: 80
paragraphs: —(1) Subject to subsections (2) and (3), the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), shall, as respects licences under section 1 thereof taken out for periods beginning on or after the 1st day of March, 1984, be amended by the substitution in Part I of the Schedule thereto (as amended by section 73 of the Finance Act, 1983 ) of the following subparagraph for subparagraph (d) of paragraph 6:
“(d) other vehicles to which this paragraph applies—
not exceeding 8 horse-power
£8 for each unit or part of a unit of horse-power
exceeding 8 horse-power and not exceeding 12 horse-power
£10 for each unit or part of a unit of horse-power
exceeding 12 horse-power and not exceeding 16 horse-power
£12 for each unit or part of a unit of horse-power
exceeding 16 horse-power and not exceeding 20 horse-power
£14 for each unit or part of a unit of horse-power
exceeding 20 horse-power
£15 for each unit or part of a unit of horse-power
electrically propelled
£54”.
(2) Subsection (1) shall not have effect in relation to any vehicle—
(i) which is used as a small public service vehicle within the meaning of the Road Traffic Act, 1961 , and for no other purpose, or
(ii) which is fitted with a taximeter and is lawfully used as a street service vehicle within the meaning of the said Road Traffic Act, 1961 , or for purposes incidental to such user and for no other purpose.
(3) Subsection (1) shall not have effect in relation to vehicles specified in Article 3 of the Imposition of Duties (No. 170) (Excise Duties) (Vehicles) Order, 1968 (S.I. No. 68 of 1968), as amended by the Imposition of Duties (No. 216) (Excise Duties) (Vehicles) Order, 1975 (S.I. No. 5 of 1975).
num: 81
paragraphs: — Section 3 (7) of the Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 , is hereby amended by the substitution of “£350” for “fifty pounds”.
num: 82
paragraphs: — Section 23 of the Finance Act, 1936 , is hereby amended by the substitution of “£500” for “fifty pounds” in paragraph (c).
num: 83
paragraphs: —The Orders mentioned in the Table to this section are hereby confirmed.
TABLE
S.I. No. 12 of 1983
Imposition of Duties (No. 262) (Beer) Order, 1983
S.I. No. 126 of 1983
Imposition of Duties (No. 265) (Excise Duty on Hydrocarbon Oils) Order, 1983
S.I. No. 213 of 1983
Imposition of Duties (No. 266) (Tobacco Products) Order, 1983
S.I. No. 398 of 1983
Imposition of Duties (No. 267) (Beer) (No. 2) Order, 1983
num: 84
paragraphs: —In this Part—
“the Act of 1976” means the Finance Act, 1976 ;
“the Act of 1983” means the Finance Act, 1983 ;
“the Principal Act” means the Value-Added Tax Act, 1972 .
num: 85
paragraphs: — Section 1 of the Principal Act is hereby amended—
(a) by the insertion in subsection (1) after the definition of “business” of the following definition:
“clothing' does not include footwear;”,
and
(b) by the insertion in the said subsection (1) after the definition of “flat-rate farmer” of the following definition:
“‘footwear’ includes shoes, boots, slippers and the like but does not include stockings, under-stockings, socks, ankle-socks or similar articles or footwear without soles or footwear which is or incorporates skating or swimming equipment;”.
num: 86
paragraphs: — Section 8 of the Principal Act is hereby amended—
(a) in subsection (1) (inserted by the Finance Act, 1978 ) by the insertion after “in the course” of “or furtherance”,
(b) in subsection (3) (inserted by the Finance Act, 1978 )—
(i) in subparagraph (c) (ii) (inserted by the Finance (No. 2) Act, 1981 ), by the insertion after “taxable goods” of “(not being goods chargeable at either of the rates specified in paragraphs (a) and (c) of subsection (1) of section 11 which were produced or manufactured by him wholly or mainly from materials chargeable at the rate specified in paragraph (b) of that subsection)”, and
(ii) by the substitution of the following paragraph for paragraph (e) (inserted by the Finance (No. 2) Act, 1981 ):
“(e) a person, other than a person to whom paragraph (a), (b) or (c) applies, for whose supply of taxable goods and services the total consideration has not exceeded and is not likely to exceed £12,000 in any continuous period of twelve months:
Provided that, where in the case of two or more persons one of whom exercises control over one or more of the other persons, supplies of goods of the same class or of services of the same nature are made by two or more of those persons, the total of the consideration relating to the said supplies shall, for the purposes of the application of paragraphs (c) and (e) in relation to each of the persons aforesaid who made the said supplies be treated as if all of the supplies in question had been made by each of the last-mentioned persons.”,
and
(c) by the insertion after subsection (3A) (inserted by the Finance Act, 1982 ) of the following subsection:
“(3B) In this section ‘control’, in relation to a body corporate, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of the first-mentioned body corporate are con ducted in accordance with the wishes of that person, and, in relation to a partnership, means the right to a share of more than one-half of the assets, or of more than one-half of the income, of the partnership.”.
num: 87
paragraphs: — Section 11 of the Principal Act is hereby amended—
(a) in subsection (1) (inserted by the Value-Added Tax (Amendment) Act, 1978 )—
(i) by the insertion after paragraph (aa) (inserted by the Act of 1983) of the following paragraph:
num: 88
paragraphs: — Section 15 of the Principal Act is hereby amended by the insertion after paragraph (aa) (inserted by the Act of 1983) of subsection (1) of the following paragraph:
num: 89
paragraphs: — Section 18 of the Principal Act is hereby amended—
(a) by the substitution of the following subsection for subsection (1):
“(1) (a) For the purposes of this Act and regulations, an authorised officer may at all reasonable times enter any premises or place where he has reason to believe that business is carried on or anything is done in connection with business and—
(i) may require the person carrying on the business, or any person on those premises or in that place who is employed by the person carrying on the business or who is associated with him in the carrying on of the business, to produce any books, records, accounts or other documents relating to the business or to any other business which he has reason to believe may be, or have been, connected with the said business or have, or have had, trading relations with the said business,
(ii) may, if he has reason to believe that any of the books, records, accounts or other documents, which he has required to be produced to him under the provisions of this subsection have not been so produced, search in those premises or that place for those books, records, accounts or other documents,
(iii) may, in the case of any such books, records, accounts or other documents produced to or found by him, take copies of or extracts from them and remove and retain them for such period as may be reasonable for their further examination or for the purposes of any proceedings for the recovery of a penalty in relation to tax,
(iv) may, if he has reason to believe that goods connected with taxable supplies or importations are held on those premises or in that place and that particulars of such goods have not been kept and retained, as required by this Act or by regulations, in the books, records, accounts or other documents of the business or of any other business similarly required to keep and retain particulars of those goods, search those premises or that place for the said goods and, on their discovery, examine and take particulars of them,
(v) may require the person carrying on the business, or any person on those premises or in that place, who is employed by the person carrying on the business or who is associated with him in the carrying on of the business, to give the authorised officer all reasonable assistance.
(b) Nothing in this subsection shall be construed as requiring any person carrying on a profession, or any person employed by any person carrying on a profession, to produce to an authorised officer any documents relating to a client, other than such documents as are material to the tax affairs of the person carrying on the profession, and, in particular, he shall not be required to disclose any information or professional advice of a confidential nature given to a client.”,
and
(b) by the deletion of subsection (2).
num: 90
paragraphs: — Section 26 of the Principal Act is hereby amended, as respects non-compliance occurring on or after the date of passing of this Act—
(a) in subsection (1), by the deletion of “18 (2)”, and
(b) in subsection (3A), by the substitution of “subsection (3) of section 18 or with a requirement of an authorised officer under that section” for “section 18 (3)”.
num: 91
paragraphs: — Section 32 of the Principal Act is hereby amended—
(a) by the insertion in subsection (1) after paragraph (v) of the following paragraph:
num: 92
paragraphs: —The Second Schedule (inserted by the Act of 1976) to the Principal Act is hereby amended—
(a) by the substitution for paragraph (xvii) of the following paragraph:
“(xvii) articles of children's personal clothing of sizes which do not exceed the sizes of those articles appropriate to children of average build of 10 years of age (a child whose age is 10 years or 10 years and a fraction of a year being taken for the purposes of this paragraph to be a child of 10 years of age), but excluding—
(a) articles of clothing made wholly or partly of fur skin other than garments merely trimmed with fur skin, unless the trimming has an area greater than one-fifth of the area of the outside material, and
(b) articles of clothing which are not described, labelled, marked or marketed on the basis of age or size;”,
and
(b) by the substitution for paragraph (xviii) of the following paragraphs:
“(xviii) sanitary towels and sanitary tampons;
(xviiia) footwear;”.
num: 93
paragraphs: —The Third Schedule (inserted by the Act of 1976) to the Principal Act is hereby amended—
(a) in Part I—
(i) by the deletion in paragraph (x) (b) of “concrete,”, and
(ii) by the insertion in paragraph (xxviii) after “Second” of “, Sixth or Seventh”,
and
(b) in Part II, by the substitution of the following paragraph for paragraph (viii):
num: 94
paragraphs: —The Sixth Schedule (inserted by the Act of 1983) to the Principal Act is hereby amended—
(a) by the insertion after paragraph (ii) of the following paragraph:
“(iia) concrete ready to pour;”,
and
(b) by the insertion after paragraph (iii) of the following paragraph:
“(iiia) promotion of or admission to live theatrical or musical performances, including circuses, but not including—
(a) dances to which section 11 (7) relates, or
(b) performances in conjunction with which facilities are available for the consumption of food or drink during all or part of the performance by persons attending the performance;”.
num: 95
paragraphs: —The Principal Act is hereby amended by the insertion after the Sixth Schedule (inserted by the Act of 1983) of the following Schedule:
num: 96
paragraphs: —Notwithstanding the provisions of section 11 of the Principal Act, the rate of value-added tax chargeable on the following services shall be 18 per cent. of the amount in respect of which tax is chargeable in relation to those services:
num: 97
paragraphs: —(1) In this section—
“assessable amount” means the amount arrived at by dividing the specified amount by three and deducting £10,000,000 from the quotient;
“bank” means a person who, on the 1st day of September, 1983, was the holder of a licence granted under section 9 of the Central Bank Act, 1971 ;
“returns”, in relation to a bank, means the returns, entitled “MONTHLY RETURN OF ALL LICENSED BANKS: RESIDENT BRANCHES”, furnished to the Central Bank of Ireland by the bank in respect of the assets and liabilities of the bank as on the 30th day of September, 1983, the 19th day of October, 1983, and the 16th day of November, 1983;
“specified amount” in relation to a bank, means the amount obtained by deducting the aggregate of the sums shown in respect of Item 302.2 in supplement 1 of the returns of the bank from the aggregate of all sums shown in respect of Items 107 and 108 as liabilities of the bank in such returns.
(2) A bank shall, not later than the 12th day of September, 1984, deliver to the Revenue Commissioners a statement in writing showing the assessable amount for that bank, the specified amount for that bank and the sums referred to in the definition of “specified amount” in subsection (1) by reference to which that specified amount was calculated.
(3) There shall be charged on every statement delivered pursuant to subsection (2) a stamp duty of an amount equal to the sum of the following:
(a) 0.2 per cent. of that part of the assessable amount shown therein that does not exceed £100,000,000 and
(b) 0.344 per cent. of that part of the assessable amount shown therein that exceeds £100,000,000:
Provided that in the case where the assessable amount shown in the statement does not exceed £100,000,000 stamp duty of an amount equal to 0.2 per cent. of the assessable amount shown therein shall be charged.
(4) The duty charged by subsection (3) upon a statement delivered by a bank pursuant to subsection (2) shall be paid by the bank upon delivery of the statement.
(5) There shall be furnished to the Revenue Commissioners by a bank such particulars as the Revenue Commissioners may deem necessary in relation to any statement required by this section to be delivered by the bank.
(6) In the case of failure by a bank to deliver any statement required by subsection (2) within the time provided for in that subsection or of failure to pay the duty chargeable on any such statement on the delivery thereof, the bank shall, from the date of the passing of this Act until the day on which the duty is paid, be liable to pay, by way of penalty, in addition to the duty, interest thereon at the rate of 15 per cent. per annum and also from the 12th day of September, 1984, by way of further penalty, a sum equal to 1 per cent. of the duty for each day the duty remains unpaid and each penalty shall be recoverable in the same manner as if the penalty were part of the duty.
(7) The delivery of any statement required by subsection (2) may be enforced by the Revenue Commissioners under section 47 of the Succession Duty Act, 1853 , in all respects as if such statement were such account as is mentioned in that section and the failure to deliver such statement were such default as is mentioned in that section.
(8) The stamp duty charged by this section shall not be allowed as a deduction for the purposes of the computation of any tax or duty under the care and management of the Revenue Commissioners payable by the bank.
num: 98
paragraphs: — Section 92 of the Finance Act, 1982 , is hereby amended by the insertion after subsection (7) of the following subsection:
“(8) (a) In this subsection—
‘life insurance amount’ means so much of an assessable amount as consists of relevant premiums received on or after the 1st day of July 1984, in respect of business in classes I, II, III, IV, V, VI, VIII, and IX of the Annex to First Council Directive 79/267/EEC of 5 March 1979 (OJ No. L 63,13/3/1979);
‘relevant premium’ means—
(i) in the case of a contract of insurance made on or after the 1st day of July, 1983, a premium or part of a premium received in pursuance of the contract in the period of twelve months from the date on which the first payment of the premium or part of the premium is made, and
(ii) in the case where a premium under a contract of insurance, whensoever made, is increased, the amount by which the premium is increased and which is received in the period of twelve months from the date on which the first payment of the increased amount or part of the increased amount is made.
(b) An insurer shall, within 30 days from the end of the quarter ending on the 30th day of September, 1984, and within 30 days from the end of each quarter thereafter, deliver to the Revenue Commissioners a statement in writing showing the life insurance amount for that insurer for that quarter.
(c) There shall be charged on every statement delivered in pursuance of paragraph (b) of this subsection a stamp duty of an amount equal to one and two-thirds per cent. of the life insurance amount shown therein.
(d) Subsections (4), (5), (6) and (7) of this section shall apply to any statement required by paragraph (b) of this subsection to be delivered by an insurer in all respects as if such statement were a statement in respect of an assessable amount.
(e) In relation to the quarter ending on the 30th day of September, 1984, and each subsequent quarter, any premiums received by an insurer in respect of business in the classes referred to in the definition of ‘life insurance amount’ shall not be included in the assessable amount for the purposes of subsections (2) and (3) of this section.”.
num: 99
paragraphs: —Subsection (5) of section 93 of the Finance Act, 1982 , is hereby amended by the substitution of “three years” for “two years”, and the said subsection (5), as so amended, is set out in the Table to this section.
TABLE
(5) This section shall have effect with respect to any instrument executed after the date of the passing of this Act and before the expiration of three years after that date.
num: 100
paragraphs: —(1) Section 49 of the Finance Act, 1969 , is hereby amended by the insertion after subsection (2A) (inserted by the Finance Act, 1981 ) of the following subsection:
“(2B) Notwithstanding subsections (2) and (2A) of this section, subsection (1) of this section shall have effect in relation to an instrument if, but (apart from the said subsections (2) and (2A)) only if, it is shown to the satisfaction of the Revenue Commissioners that the Minister for the Environment has certified that he is satisfied, on the basis of the information available to him at the time of so certifying, that the total floor area of the said house measured in the manner referred to in section 4 (2) (b) of the Housing (Miscellaneous Provisions) Act, 1979 , does not or will not exceed the maximum total floor area standing specified in regulations under the said section 4 (2) (b) and is not or will not be less than the minimum total floor area standing so specified.”.
(2) The Imposition of Duties (No. 269) (Exemption of Certain Instruments from Stamp Duty) Order, 1984 (S.I. No. 49 of 1984), is hereby revoked.
(3) This section shall have effect with respect to instruments executed on or after the date of the passing of this Act.
num: 101
paragraphs: —(1) The Stamp Act, 1891, is hereby amended by the substitution for section 7 of the following section:
“7. Any stamp duties of an amount not exceeding 7p upon instruments which are permitted by law to be denoted by adhesive stamps not appropriated by any word or words on the face of them to any particular description of instrument shall, if denoted by adhesive stamps, be denoted by adhesive stamps issued by the Revenue Commissioners.”.
(2) Section 41 of the Finance Act, 1970 , is hereby amended by the substitution of “7p” for “5p” (inserted by the Finance Act, 1982 ) in both places where it occurs.
(3) This section shall have effect with respect to bills of exchange and promissory notes drawn on or after the date of the passing of this Act.
num: 102
paragraphs: — Section 17 of the Finance (No. 2) Act, 1981 , is hereby amended—
(a) in subsection (1) (c), by the substitution of “£10” for “£5”,
(b) in subsection (2), by the substitution of “£5” for “£2.50”., and
(c) in paragraph (d) (ii) (inserted by the Finance Act, 1983 ) of subsection (2), by the substitution of “£10” for “£5”.
num: 103
paragraphs: —The Imposition of Duties (No. 268) (Stamp Duty on Bills of Exchange, Promissory Notes, Credit Cards and Charge Cards) Order, 1984 (S.I. No. 34 of 1984), is hereby revoked.
num: 104
paragraphs: —In this Part—
“the Principal Act” means the Capital Acquisitions Tax Act, 1976 ;
“object”, in relation to a discretionary trust, means a person for whose benefit the income or capital, or any part of the income or capital, of the trust property is applied, or may be applied;
“principal objects”, in relation to a discretionary trust, means such objects, if any, of the trust for the time being as are—
(a) the spouse of the disponer,
(b) the children of the disponer, or
(c) the children of a child of the disponer where such child predeceased the disponer.
num: 105
paragraphs: — Section 2 (1) of the Principal Act is hereby amended by the insertion, in the definition of “discretionary trust” after “property is held on trust” of—
“to accumulate the income or part of the income of the property, or any trust whereby, or by virtue or in consequence of which, property (other than property to which for the time being a person is beneficially entitled for an interest in possession) is held on trust”,
and the said definition, as so amended, is set out in the Table to this section.
TABLE
“discretionary trust” means any trust whereby, or by virtue or in consequence of which, property is held on trust to accumulate the income or part of the income of the property, or any trust whereby, or by virtue or in consequence of which, property (other than property to which for the time being a person is beneficially entitled for an interest in possession) is held on trust to apply, or with a power to apply, the income or capital or part of the income or capital of the property for the benefit of any person or persons or of any one or more of a number or of a class of persons whether at the discretion of trustees or any other person and notwithstanding that there may be a power to accumulate all or any part of the income;
num: 106
paragraphs: —(1) Where, on or after the 25th day of January, 1984, under or in consequence of any disposition, property becomes subject to a discretionary trust (which expression has in this Part the meaning assigned to it by the Principal Act as amended by section 105 ) otherwise than for full consideration in money or money's worth paid by the trustees of the trust, the trust shall be deemed, on—
(a) the date on which that property becomes or became subject to the discretionary trust;
(b) the date of death of the disponer; or
(c) where there are principal objects of the trust, the date on which there ceases to be a principal object of the trust who is under the age of 25 years,
whichever date is the latest, to become or to have become beneficially entitled in possession to an absolute interest in so much, if any, of that property or of property representing that property and of accumulations of income thereof or of property representing those accumulations as remains subject to the discretionary trust on that latest date, and to take or to have taken an inheritance accordingly as if the trust, and the trustees as such for the time being of the trust, were together a person for the purposes of the Principal Act, and that latest date shall be the date of the inheritance.
(2) Property which, under or in consequence of any disposition, was subject to a discretionary trust on the 25th day of January, 1984, shall, for the purposes of subsection (1), be deemed to have become subject to the trust on that date.
(3) For the purposes of this section—
(a) an interest in expectancy shall not be property until an event happens whereby the interest ceases to be an interest in expectancy or is represented by property which is not an interest in expectancy;
(b) an interest in a policy of assurance upon human life shall not be property until, and then only to the extent that, the interest becomes an interest in possession under the provisions of section 32 of the Principal Act or is represented by property which is not an interest in expectancy.
(4) Where, apart from this subsection, property or property representing such property would be chargeable under this section with tax more than once under the same disposition, such property shall be so chargeable with tax once only, that is to say, on the earliest occasion on which such property becomes so chargeable with tax.
num: 107
paragraphs: —In relation to a charge for tax arising by reason of the provisions of section 106 —
(a) a reference in section 16 of the Principal Act to a company controlled by the successor shall be construed as including a reference to a company that is under the control of any one or more of the following, that is to say, the trustees of the discretionary trust, the living objects of the discretionary trust, the relatives of those objects, and nominees of those trustees or of those objects or of the relatives of those objects;
(b) section 21 of the Principal Act shall apply, with the modification that the valuation date of the taxable inheritance shall be—
(i) the date of the inheritance, or
(ii) the valuation date ascertained in accordance with that section,
whichever is the later, and with any other necessary modifications;
(c) a person who is a trustee of the discretionary trust concerned for the time being at the date of the inheritance or at any date subsequent thereto shall be a person primarily accountable for the payment of the tax;
(d) an object of the discretionary trust concerned to whom or for whose benefit any of the property subject to the trust is applied or appointed shall also be accountable for the payment of tax the charge in respect of which has arisen prior to the date of the application or appointment of the property to him or for his benefit, and the Principal Act shall have effect, in its application to that charge for tax, as if that object of the discretionary trust were a person referred to in section 35 (2) of the Principal Act;
(e) any person who is primarily accountable for the payment of tax by virtue of paragraph (c) shall, within three months after the valuation date or the date of the passing of this Act, whichever is the later, deliver to the Commissioners a full and true return—
(i) of every inheritance in respect of which he is so primarily accountable;
(ii) of all the property comprised in such inheritance; and
(iii) of an estimate of the market value of such property;
(f) the provisions of section 41 of the Principal Act shall have effect, in the application of the Principal Act to any such charge for tax as aforesaid arising before the date of the passing of this Act, as if the references to the valuation date in subsections (1), (2) and (3) of that section were references to the date of the passing of this Act, or to the valuation date, whichever is the later;
and
num: 108
paragraphs: — Section 106 shall not apply or have effect in relation to a discretionary trust which is shown to the satisfaction of the Commissioners to have been created exclusively—
(a) for public or charitable purposes in the State or Northern Ireland;
(b) for the purposes of—
(i) any scheme for the provision of superannuation benefits on retirement established by or under any enactment or by or under an instrument made under any enactment, or
(ii) any sponsored superannuation scheme within the meaning of subsection (9) of section 235 of the Income Tax Act, 1967 , or a trust scheme or part of a trust scheme approved by the Commissioners under that section or section 235A of that Act;
(c) for the purposes of a registered unit trust scheme within the meaning of the Unit Trusts Act, 1972 ;
(d) (i) for the benefit of one or more named individuals, and
(ii) for the reason that such individual, or all such individuals, is or are, because of age or improvidence, or of physical, mental or legal incapacity, incapable of managing his or their affairs; or
(e) for the purpose of providing for the upkeep of a house or garden referred to in section 39 of the Finance Act, 1978 .
num: 109
paragraphs: —The tax chargeable on the taxable value of a taxable inheritance which is charged to tax by reason of the provisions of section 106 shall be computed at the rate of three per cent. of such taxable value.
num: 110
paragraphs: —(1) Section 36 of the Principal Act is hereby amended by the substitution of the following subsection for subsections (3) and (4):
“(3) Subsection (2) applies to a gift where—
num: 111
paragraphs: —The Second Schedule to the Principal Act is hereby amended—
(a) in Part I, by the substitution of the following paragraphs for paragraphs 1 to 5 and 7:
num: 112
paragraphs: —This Chapter shall have effect in relation to gifts and inheritances taken on or after the 26th day of March, 1984.
num: 113
paragraphs: — Section 48 of the Principal Act is hereby amended, with respect to gifts and inheritances taken on or after the 2nd day of June, 1982, by the insertion after subsection (4) of the following subsections:
“(5) Subject to the provisions of subsection (6), where tax is chargeable on the taxable value of a taxable gift or taxable inheritance and—
(a) after the expiration of two years from the valuation date of such taxable gift or taxable inheritance, application is made to the Commissioners by any person (in this section referred to as the applicant)—
(i) who is a person accountable, but not primarily accountable, for the payment of the whole or part of the tax, or
(ii) who is the personal representative of any person referred to in subparagraph (i),
and
(b) the applicant delivers to the Commissioners a full statement of all the property comprised in the taxable gift or taxable inheritance and of such particulars as may be relevant to the assessment of the tax, together with such evidence as they require relating to such property or particulars,
the Commissioners may determine the amount of the tax that is recoverable from the applicant, and on payment of the tax so determined, the Commissioners shall give a certificate of their determination, in such form as they think fit, which shall discharge the applicant from any further claim for tax in respect of the taxable gift or taxable inheritance.
(6) A certificate by the Commissioners under subsection (5) shall not discharge the applicant in the case of fraud or failure to disclose material facts within his own knowledge and shall not affect any further tax that may be payable by the applicant if any further property is afterwards shown to have been comprised in the taxable gift or taxable inheritance to which the certificate relates and in respect of which further property the applicant is liable for the tax.
(7) The Commissioners may, if they think fit, entertain any application made for the purpose of subsection (5) at whatever time the application is made and, as respects any application so entertained, the provisions of that subsection shall have effect notwithstanding that the application is made before the lapse of the two years mentioned in that subsection.”.
num: 114
paragraphs: —(1) In this section—
“the principal section” means section 22 of the Finance Act, 1950 ;
“the 1983 amending section” means section 117 of the Finance Act, 1983 ;
“the thirty-fourth 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) In relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of December, 1984, subsection (4) of the 1983 amending section shall have effect with the substitution of “£29, 401, 449” for “£30, 566, 856”.
(3) Subsection (6) of the 1983 amending section shall have effect with the substitution of “£18, 559, 719” for “£19, 676, 545”.
(4) A sum of £32, 706, 344 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 December, 1984.
(5) The thirty-fourth 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 thirty-fourth additional annuity, not exceeding £23,973,750 in any financial year, may be applied towards defraying the interest on the public debt.
(7) The balance of the thirty-fourth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.
num: 115
paragraphs: —All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
num: 116
paragraphs: —(1) This Act may be cited as the Finance Act, 1984.
(2) Part I (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.
(3) Part II (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.
(4) Part III shall be construed together with the Value-Added Tax Acts, 1972 to 1983, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1984.
(5) Part IV shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.
(6) Part V shall be construed together with the Capital Acquisitions Tax Act, 1976 , and the enactments amending or extending that Act.
(7) Part I shall, save as is otherwise expressly provided therein, be deemed to have come into force and shall take effect as on and from the 6th day of April, 1984.
(8) Part III other than sections 84 , 86 , 89 , 90 , 93 (a) (i), 94 and 96 shall be deemed to have come into force and shall take effect as on and from the 1st day of May, 1984, and the said sections 84 , 93 (a) (i), 94 and 96 shall be deemed to have come into force and shall take effect as on and from the 1st day of March, 1984.
(9) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.