Finance (No. 2) Act, 1981
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Part—
“the Act of 1981” means the Finance Act, 1981 ;
“the Order of 1975” means the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975).
num: 2
paragraphs: —(1) 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 22nd day of July, 1981, at the rate of £119.647 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 mentioned in section 31 (1) of the Act of 1981.
(2) Subject to paragraph 5 of the Imposition of Duties (No. 250) (Beer) Order, 1981 (S.I. No. 10 of 1981), 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 mentioned in subsection (1) of this section has been paid, be calculated, according to the original specific gravity of the beer, at the rate of £119.647 on every 36 gallons of beer of which the original specific gravity was 1,055 degrees.
num: 3
paragraphs: —(1) The duty of excise on spirits imposed by paragraph 4 (2) of the Order of 1975 shall be charged, levied and paid, as on and from the 22nd day of July, 1981, at the several rates specified in the First Schedule to this Act in lieu of the several rates specified in the Third Schedule to the Act of 1981.
num: 4
paragraphs: —(1) In this section and in the Second Schedule to this Act “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: 5
paragraphs: —(1) The duty of excise on wine imposed by paragraph 5 (2) of the Order of 1975 shall be charged, levied and paid, as on and from the 22nd day of July, 1981, at the several rates specified in Part I of the Third Schedule to this Act in lieu of the several rates specified in Part I of the Fourth Schedule to the Act of 1981.
num: 6
paragraphs: —(1) 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 22nd day of July, 1981, at the rate of £17.32 per hectolitre in lieu of the rate specified in section 35 (1) of the Act of 1981.
(2) 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 22nd day of July, 1981, at the rate of £11.67 per hectolitre in lieu of the rate specified in section 35 (2) of the Act of 1981.
(3) As on and from the 22nd day of July, 1981, 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 and on which the excise duty mentioned in subsection (2) of this section was paid at the rate of £11.67 per hectolitre shall be £9.88 per hectolitre in lieu of the rate allowable immediately before the 22nd day of July, 1981.
(4) 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 22nd day of July, 1981, at the rate of £0.48 per gallon in lieu of the rate specified in section 35 (4) of the Act of 1981.
num: 7
paragraphs: —The duty of excise imposed by paragraph 4 (1) of the Imposition of Duties (No. 236) (Excise Duties on Motor Vehicles, Televisions and Gramophone Records) Order, 1979 (S.I. No. 57 of 1979), on category A motor vehicles, within the meaning of paragraph 3 (a) of the said Order, shall be charged, levied and paid, as on and from the 22nd day of July, 1981, at the rate of an amount equal to 50 per cent. of the chargeable value, in lieu of the rate specified in section 71 of the Finance Act, 1980 .
num: 8
paragraphs: —(1) In this section—
“the Act” means the Finance (Excise Duties) (Vehicles) Act, 1952 ;
“specified vehicle” means—
num: 9
paragraphs: —The Imposition of Duties (No. 254) (Excise Duty on Tobacco Products) Order, 1981 (S.I. No. 299 of 1981), is hereby revoked.
num: 10
paragraphs: —In this Part—
“the Act of 1978” means the Value-Added Tax (Amendment) Act, 1978 ;
“the Principal Act” means the Value-Added Tax Act, 1972 .
num: 11
paragraphs: —Section 8 of the Principal Act is hereby amended—
(a) in subsection (3) (inserted by the Act of 1978)—
(i) by the substitution in paragraph (b) of the following subparagraph for subparagraph (iii):
“(iii) supplies of goods and services, other than those referred to in subparagraphs (i) and (ii), the total consideration for which has not exceeded and is not likely to exceed £15,000 in any continuous period of 12 months,”,
(ii) by the substitution of the following paragraph for paragraph (c):
“(c) (i) subject to subparagraph (ii), a person for whose supply of taxable goods and services the total consideration has not exceeded and is not likely to exceed £30,000 in any continuous period of 12 months,
(ii) subparagraph (i) shall apply if, but only if, not less than 90 per cent. of the total consideration referred to therein is derived from the supply of taxable goods,”,
(iii) by the deletion of paragraph (d), and
(iv) by the substitution of the following paragraph for paragraph (e):
“(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 £15,000 in any continuous period of 12 months.”,
(b) by the substitution of the following subsection for subsection (4):
“(4) Where, by virtue of subsection (3) or (6), a person has not been a taxable person and a change of circumstances occurs from which it becomes clear that he is likely to become a taxable person, he shall be deemed, for the purposes of this Act, to be a taxable person from the beginning of the taxable period commencing next after such change.”,
(c) in subsection (6), by the substitution in paragraph (a) of the following subparagraph for subparagraph (ii):
“(ii) has fallen below and remains permanently below such amount as may be appropriate in the particular case having regard to paragraph (c) or (e) of subsection (3),”,
(d) in subsection (8), by the substitution of the following for paragraph (b):
“(b) each such person may be made jointly and severally liable to comply with all the provisions of this Act and regulations (including the provisions requiring the payment of tax) that apply to those persons and subject to the penalties under this Act to which they would be subject if each such person was liable to pay to the Revenue Commissioners the whole of the tax chargeable, apart from regulations under this subsection, in respect of all such persons:
Provided that this subsection shall not apply to business activities consisting of the supply of immovable goods by any such person to any other such person and, where a request is made by such persons pursuant to regulations under this subsection, such business activities shall be treated for the purposes of this Act, as if the request had not been made.”,
and
(e) in subsection (9), by the substitution of the following paragraph for paragraph (d) in the definition of “farmer”:
“(d) supplies of goods and services, other than those referred to in paragraphs (a), (b) and (c), the total consideration for which has not exceeded and is not likely to exceed £15,000 in any continuous period of 12 months.”.
num: 12
paragraphs: —(1) Section 11 of the Principal Act is hereby amended—
(a) in subsection (1) (inserted by the Act of 1978), by the substitution in paragraph (a) of “15 per cent.” for “10 per cent.”,
(b) in subsection (2) (inserted by the Act of 1978), by the substitution in paragraph (b) of “20 per cent.” for “30 per cent.”, and
(c) by the insertion after the said paragraph (b) of the following paragraph:
“(c) On the supply of agricultural services consisting of—
(i) field work, reaping, mowing, threshing, baling, harvesting, sowing and planting;
(ii) disinfecting and ensilage of agricultural products;
(iii) destruction of weeds and pests and dusting and spraying of crops and land;
(iv) lopping, tree felling and similar forestry services, and
(v) land drainage and reclamation,
tax shall be chargeable at the rate specified in subsection (1) (a) on 20 per cent. of the total amount on which tax is chargeable and at the rate of zero per cent. on the balance of the said total amount.”.
(2) This section shall have, and be deemed to have had, effect as on and from the 1st day of September, 1981.
num: 13
paragraphs: —(1) Section 12A (inserted by the Act of 1978) of the Principal Act is hereby amended by the substitution in subsection (1) of “1.5 per cent.” for “1 per cent.”, and the said subsection (1), as so amended, is set out in the Table to this section.
TABLE
Where a flat-rate farmer supplies agricultural produce or an agricultural service to a person, the farmer shall, subject to section 17 (2), issue to the person an invoice indicating the consideration (exclusive of the flat-rate addition) in respect of the supply and an amount (in this Act referred to as ‘a flat-rate addition’) equal to 1.5 per cent. of the said consideration (exclusive of the said addition), and the person shall, if he is a taxable person, be entitled to treat the flat-rate addition as tax deductible under section 12 subject, however, to any restrictions imposed by or under subsection (3) or (4) of that section.
(2) This section shall have, and be deemed to have had, effect as on and from the 1st day of September, 1981.
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paragraphs: —(1) In this section “qualifying service” means a service consisting of the supply, for the benefit of persons not resident in the State, under an agreement made before the 1st day of January, 1981, of sleeping accommodation, with or without board or of motor cars upon hire, boats upon hire or entertainment, at charges fixed at the time of the making of the agreement, to persons carrying on the business of travel agent, tour operator or the hiring out of motor cars or boats.
(2) In respect of the taxable periods commencing on the 1st day of September, 1981, and the 1st day of November, 1981, notwithstanding the provisions of section 11 of the Principal Act (as amended by this Act), tax shall, in relation to the supply of a qualifying service, be chargeable, and be deemed to have been chargeable, at the rate of 10 per cent.
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paragraphs: —A person who, immediately before the passing of this Act, was a taxable person and who, upon such passing, would not, unless he so elected under section 8 (3) of the Principal Act, be such a person, shall, upon such passing, be deemed to have so elected and shall be a taxable person until the time when the election is cancelled or he permanently ceases to supply taxable goods and services, whichever is the earlier.
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paragraphs: —(1) In this section,
“assessable amount” means the amount arrived at by dividing the specified amount by three and deducting £5,000,000 from the quotient;
“bank” means a person who, on the 1st day of April, 1981, was the holder of a licence granted under section 9 of the Central Bank Act, 1971 ;
“returns”, in relation to a bank, means the monthly bank returns furnished to the Central Bank of Ireland by the bank in respect of the assets and liabilities of the bank as on the 15th day of April, 1981, the 20th day of May, 1981, and the 30th day of June, 1981;
“specified amount” means—
(a) in the case of an associated bank, the amount obtained by deducting the aggregate of the sums shown in the returns of that bank in respect of Item 7 in Appendix II of the returns as an adjustment of current accounts for cheques in transit from the aggregate of the sums shown in the returns in respect of current accounts and deposit accounts by whomsoever held at offices in the State of the bank and shown as liabilities of the bank in such returns;
(b) in the case of any other bank, the amount obtained by deducting the aggregate of the sums shown in the analysis of selected liabilities in the returns of that bank as due to banks (including banks that are not banks within the meaning of subsection (1) of this section) in respect of current accounts, deposit accounts, other accounts and secured loans from the aggregate of the sums shown in the returns in respect of current accounts, deposit accounts, other accounts and secured loans by whomsoever held at offices in the State of the bank and shown as liabilities of the bank in such returns.
(2) A bank shall, within 14 days of the date of the passing of this Act, 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) of this section by reference to which that specified amount was calculated.
(3) There shall be charged on every statement delivered in pursuance of subsection (2) of this section a stamp duty at the rate of 0.08 per cent. of the assessable amount shown therein.
(4) The duty charged by subsection (3) of this section upon a statement delivered by a bank pursuant to subsection (2) of this section 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) of this section 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 expiration of 14 days from the date of the passing of this Act, 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) of this section 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 payable by the bank and, in addition, the bank shall not be entitled to seek reimbursement for the duty from any other person.
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paragraphs: —(1) (a) In this subsection—
“account” means an account maintained by a bank to which amounts in respect of goods, services or cash obtained by an individual by means of a credit card are charged;
“credit card” means a card issued by a bank to an individual having an address in the State by means of which goods, services and cash may be obtained by the individual and amounts in respect of the goods, services and cash may be charged to the account.
(b) A bank shall, in each year (being the year 1982 or a subsequent year), within three months of the 1st day of April in that year, deliver to the Revenue Commissioners a statement in writing showing the number of accounts maintained by the bank on that 1st day of April.
(c) There shall be charged on every statement delivered in pursuance of paragraph (b) of this subsection a stamp duty at the rate of £5 in respect of each account included in the number of accounts shown in the statement.
(2) (a) In this subsection—
“account” means an account maintained by a promoter to which amounts in respect of goods, services or cash obtained by an individual by means of a charge card are charged;
“charge card” means a card (other than a card known as “an in-house card”) issued by a person (in this section referred to as “a promoter”) to an individual having an address in the State by means of which goods, services or cash may be obtained by the individual and amounts in respect of the goods, services or cash may be charged to the account;
“company charge card” means—
(i) a charge card issued by a promoter to a person (other than an individual) having an address in the State which, if it were issued to an individual, would be regarded as a charge card, or
(ii) a charge card issued by a promoter to an employee, nominee or agent of such a person in his capacity as such employee, nominee or agent;
“quarter” means a period of three months ending on the 31st day of March, the 30th day of June, the 30th day of September or the 31st day of December;
“supplementary card” means a company charge card which is issued by a promoter to a person (other than an individual) and is additional to another company charge card issued by the promoter to that person.
(b) A promoter shall, in each year (being the year 1982 or a subsequent year), within two months of the end of each quarter, deliver to the Revenue Commissioners a statement in writing showing the number of charge cards, company charge cards and supplementary cards issued or renewed by the promoter during that quarter.
(c) There shall be charged on every statement delivered in pursuance of paragraph (b) of this subsection a stamp duty at the rate of £2.50 for each period of six months or part of six months for which each charge card, company charge card and supplementary card shown in the statement as having been issued or renewed is expressed to be valid.
(3) There shall be furnished to the Revenue Commissioners by a bank or a promoter, as the case may be, such particulars as the Revenue Commissioners may deem necessary in relation to any statement required by this section to be delivered by the bank or promoter.
(4) (a) The duty charged by subsection (1) (c) of this section upon a statement delivered by a bank pursuant to subsection (1) (b) of this section shall be paid by the bank upon delivery of the statement.
(b) The duty charged by subsection (2) (c) of this section upon a statement delivered by a promoter pursuant to subsection (2) (b) of this section shall be paid by the promoter upon delivery of the statement.
(5) (a) In this subsection “due date” means—
(i) in relation to a statement required to be delivered pursuant to subsection (1) (b) of this section, the 1st day of April in the year in which the statement is required by that subsection to be delivered to the Revenue Commissioners, and
(ii) in relation to a statement required to be delivered pursuant to subsection (2) (b) of this section, the end of the quarter within two months of which the statement is required by the said subsection to be delivered to the Revenue Commissioners.
(b) In the case of failure by a bank or promoter, as the case may be, to deliver any statement required by subsection (1) or (2) of this section within the time specified in those subsections or of failure to pay the duty chargeable on any such statement on the delivery thereof, the bank or promoter, as the case may be, shall be liable to pay, by way of penalty, in addition to the duty, interest thereon at the rate of 15 per cent. per annum from the due date until the day on which the duty is paid and also, by way of further penalty, a sum of £300 for each day the duty remains unpaid after the expiration of three months from the due date and each penalty shall be recoverable in the same manner as if the penalty were part of the duty.
(6) The delivery of any statement required by subsection (1) or (2) of this section 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.
(7) A bank or a promoter, as the case may be, shall be entitled to charge to the relevant account the amount of the stamp duty payable under this section by reference to that account or by reference to the charge card, company charge card or supplementary card to which the account relates and may apply the terms and conditions governing that account to interest on that amount.
num: 18
paragraphs: —(1) Section 54 of the Finance Act, 1970 , shall apply, and be deemed always to have applied, as if—
(a) the references therein to securities included references to agreements that are entered into by the Minister for Finance and provide for the making of loans to the Minister for Finance for the purpose of raising money for the Exchequer and to agreements that are subsidiary or ancillary to such agreements, and
(b) the references therein to expenses included—
(i) references to expenses incurred in connection with the investigation of proposals for, the negotiation of the terms of, and the entry into, agreements to which the Minister for Finance is a party and under which—
(I) moneys accrue to the Exchequer, or
(II) expenditure that, but for such agreements, would fall to be met by payments out of the Central Fund (whether of moneys provided by the Oireachtas or otherwise) is met by payments from another source,
(ii) references to expenses incurred with the consent of the Minister for Finance in connection with the investigation of proposals for, the negotiation of the terms of, and the entry into, agreements to which a Minister of the Government (other than the Minister for Finance) or the Commissioners of Public Works is or are a party or parties and under which—
(I) moneys accrue to the Exchequer, or
(II) expenditure that, but for such agreements, would fall to be met by payments out of the Central Fund (whether of moneys provided by the Oireachtas or otherwise) is met by payments from another source, and
(iii) references to expenses incurred in connection with the investigation of proposals for, the negotiation of the terms of, and the entry into agreements for the issue of securities.
(2) References in subsection (1) (b) of this section to the investigation of proposals for agreements and to the negotiation of the terms of agreements shall be deemed to include references to such investigations and negotiations in cases where agreements are not entered into.
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paragraphs: —All taxes and duties (except the excise duties on mechanically propelled vehicles imposed by section 8 of this Act) imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
num: 20
paragraphs: —(1) This Act may be cited as the Finance (No. 2) Act, 1981.
(2) Part I of this Act, so far as it relates to customs, shall be construed together with the Customs Acts and the said Part I , so far as it relates 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.
(3) Part II of this Act shall be construed together with the Value-Added Tax Acts, 1972 to 1981, and shall be included in the collective citation “the Value-Added Tax Acts, 1972 to 1981”.
(4) Part III of this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.
(5) 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.