FINANCE ACT, 1932

32.—Whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce, is satisfied that any component parts of boots, shoes, slippers, goloshes, sandals, or clogs are required to be imported into Saorstát Eireann by any person before the 1st day of July, 1933, for use in the manufacture in Saorstát Eireann of boots, shoes, slippers, goloshes, sandals, or clogs (as the case may be), the Revenue Commissioners may by licence authorise such person, subject to compliance with such conditions as the Revenue Commissioners may think fit to impose, to import before the said date such component parts (either, as the Revenue Commissioners shall think proper, without limit or subject to restrictions as to quantity, class, or otherwise) without payment of the duty chargeable under section 19 of the Finance Act, 1924 (No. 27 of 1924), or that duty as varied under the Customs Duties (Provisional Imposition) Act, 1931 (No. 38 of 1931), or any duty which has been or shall be imposed in lieu of that duty by any Act passed or to be passed in the financial year beginning on the 1st day of April, 1932.

33 Exemptions from motor car duty.

33.—(1) The duty imposed by section 11 of the Finance Act, 1928 (No. 11 of 1928), as amended by subsequent enactments shall be charged, levied, and paid on the following articles at the rate of an amount equal to fifteen per cent. of the value of the article in lieu of the rate mentioned in the said section 11, that is to say:—

On every motor car chassis which is imported for sale by a trader in motor cars on or after the 6th day of May, 1932, and before the 7th day of August, 1932 and is so imported as part of a complete motor car which is, in the opinion of the Revenue Commissioners, at importation a new motor car constructed, designed, and intended for the carriage of persons otherwise than for reward.

• (2) The provisions of section 8 of the Finance Act, 1919, shall apply to the duty chargeable under the foregoing sub-section of this section with the substitution of the expression “Saorstát Eireann” for the expression “Great Britain and Ireland” and as though the articles mentioned in that sub-section were included in the Second Schedule to that Act in the list of goods to which two-thirds of the full rate is made applicable as a preferential rate.

• (3) The duty imposed by section 11 of the Finance Act, 1928 (No. 11 of 1928), as amended by subsequent enactments shall not be charged or levied on any of the following articles imported into Saorstát Eireann on or after the 6th day of May, 1932, that is to say:—

Component parts and accessories of motor car bodies which, in the opinion of the Revenue Commissioners, do not constitute at importation an assembly or partial assembly of such parts or accessories.

• (4) Whenever the Revenue Commissioners are satisfied in respect of a motor car which is being imported into Saorstát Eireann on or after the 6th day of May, 1932 and is in their opinion constructed and designed for the carriage of persons, that—

• (a) the importer of such motor car either has within six months before the importation thereof begun to reside in Saorstát Eireann or bona fide intends to begin so to reside within six months after such importation and, in either case, bona fide intends to reside permanently in Saorstát Eireann, and

• (b) such motor car had been previously used (otherwise than for the carriage of persons for reward) by the importer or by his family or household, and

• (c) such motor car is being imported for the use (otherwise than for the carriage of persons for reward) in Saorstát Eireann by the importer or by his family or household,

the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, permit such motor car to be imported without payment of the duty imposed by section 11 of the Finance Act, 1928 (No. 11 of 1928), as amended by subsequent enactments, or that duty as varied under the Customs Duties (Provisional Imposition) Act, 1931 (No. 38 of 1931), or by any Act passed or to be passed in the financial year beginning on the 1st day of April, 1932.

• (5) Any duty which has been paid before the passing of this Act and is, by virtue of this section, not chargeable shall be repaid.

34 Exemptions from duties on woven tissues.

34.—(1) The following provisions shall have effect in relation to the duties to which this section applies, that is to say:—

• (a) the said duties shall not be chargeable or leviable on any woven tissue made wholly or partly of wool or worsted which is imported into Saorstát Eireann after the 18th day of May, 1932, and at importation forms part of a composite cloth which or any part of which has, before importation, been subjected to the process of proofing;

• (b) whenever the Minister for Finance after consultation with the Minister for Industry and Commerce is satisfied that any woven tissue made wholly or partly of wool or worsted is required to be imported into Saorstát Eireann by a manufacturer of hats and caps for use in the manufacture in Saorstát Eireann of hats and caps or either of them, the Revenue Commissioners may authorise by licence such manufacturer, subject to compliance with such conditions as they may think fit to specify in such licence, to import without payment of the said duties woven tissue made wholly or partly of wool or worsted or any particular class or classes of such woven tissue, either without limit as to time or quantity or with such limitations as to time and quantity or either of them as the Revenue Commissioners shall think fit to specify in such licence;

• (c) whenever the Revenue Commissioners are satisfied that any woven tissue which, but for this provision, would be liable to any of the said duties either—

• (i) is of the nature of blanketing or felt and is suitable for and intended solely for use in an industrial process other than the manufacture of blankets, rugs, personal clothing, or wearing apparel, or

• (ii) is blanketing imported for use by the importer in the manufacture by him in Saorstát Eireann of personal clothing or wearing apparel for exportation under a contract providing for the supply of such blanketing to such importer for use in such manufacture,

the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to prescribe, permit such woven tissue to be imported without payment of any of the said duties.

• (2) Any duty which has been paid before the passing of this Act and is, by virtue of this section, not chargeable shall be repaid.

• (3) This section applies to the following duties, that is to say:—

• (a) the duty on woven tissue made wholly or partly of wool or worsted chargeable under section 1 of the Finance (Customs and Stamp Duties) Act, 1929 (No. 5 of 1929), as amended by subsequent enactments;

• (b) the said duty as varied under the Customs Duties (Provisional Imposition) Act, 1931 (No. 38 of 1931);

• (c) any duty imposed in lieu of the duties mentioned in the foregoing paragraphs of this sub-section by any Act passed or to be passed in the financial year beginning on the 1st day of April, 1932;

• (d) any duty on any woven tissue made wholly or partly of wool or worsted imposed under the Customs Duties (Provisional Imposition) Act, 1931, or by any Act passed or to be passed in the financial year beginning on the 1st day of April, 1932.

35 Removal of spirits from certain premises and warehouses.

35.—The Revenue Commissioners may direct that, subject to compliance with such conditions as they may think proper to impose, all or any particular provisions of the Spirits Act, 1880, relating to the removal of spirits from the premises of a distiller or rectifier of, dealer in, or retailer of spirits or from a bonded warehouse shall, in respect of any specified persons or class of persons, either not apply at all or apply only subject to specified modifications.

36 Exemption from duty on mineral hydrocarbon light oils.

36.—If it is shown to the satisfaction of the Revenue Commissioners that any white spirit imported into Saorstát Eireann is intended for use in any process of dyeing or cleaning of textiles carried on by way of trade, the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, allow such white spirit to be imported without payment of the duty imposed by section 5 of the Finance Act, 1931 (No. 31 of 1931).

37 Exemptions in relation to shipbuilding yards.

37.—(1) The Revenue Commissioners shall establish and maintain, in such form as they shall think proper, a register (in this section referred to as the Register) to be known as the Register of Shipbuilding yards and shall enter therein all such matters as they are required by this section so to enter.

• (2) Whenever any premises are used for the purpose of carrying on therein the business of building, repairing, or refitting ships, the person carrying on such business in such premises may apply to the Revenue Commissioners to register such premises in the Register, and the Revenue Commissioners, on being satisfied that such premises are used for the said purpose and on payment by such person of such fee (if any) as shall be prescribed by the Minister for Finance, shall register such premises in the Register accordingly.

• (3) Whenever the Revenue Commissioners are satisfied that any premises registered in the Register have ceased to be used for the purpose of carrying on therein the business of building, repairing, or refitting ships, they may remove such premises from the Register.

• (4) Whenever any goods chargeable with a duty of customs imposed by this Act or any other Act (whether passed before or after this Act) are imported into Saorstát Eireann consigned direct to premises registered in the Register and the Revenue Commissioners are satisfied that such goods are so imported for use in the business of building, repairing, or refitting ships carried on in such premises, the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, permit such goods to be imported without payment of duty.

• (5) Whenever any goods are brought from any place in Saorstát Eireann into premises registered in the Register and the Revenue Commissioners are satisfied that such goods are brought into such premises for use in the business of building, repairing, or refitting ships carried on therein, the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, treat such goods for the purpose of the provisions of the Customs Acts relating to drawback as if they had been exported from Saorstát Eireann.

• (6) Without prejudice to the generality of the powers of imposing conditions conferred on the Revenue Commissioners by this section, any conditions so imposed may be directed to securing that the goods to which they apply are in fact used in a business of building, repairing, or refitting ships carried on in premises registered in the Register.

38 General exemption of goods imported for further manufacture.

38.—Whenever the Revenue Commissioners are satisfied that any article or goods chargeable with a duty of customs are imported for the purpose of undergoing in Saorstát Eireann a process of manufacture and being subsequently exported or for the purpose of being incorporated in Saorstát Eireann with other articles or goods as a part or ingredient of a manufactured product which is intended to be exported, the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, permit such article or goods (as the case may be) to be imported without payment of duty.

39 Application of provisions of the Finance (No. 2) Act, 1915.

39.—The provisions of sections 12 and 13 of the Finance (No. 2) Act, 1915, as amended by subsequent enactments shall be deemed always to have applied to the duty imposed by sub-section (2) of section 10 of the Finance Act, 1931 (No. 31 of 1931), as fully as they applied to the new import duties continued by sub-section (1) of the said section 10.

40 Exemption from duty on sugar glucose, etc.

40.—Whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce, is satisfied that any goods chargeable with any of the duties imposed by section 21 of the Finance Act, 1928 (No. 11 of 1928), or the duty imposed by section 8 of the Finance Act, 1931 (No. 31 of 1931), as amended by this Act are required to be imported by a person engaged in the business of tanning leather in Saorstát Eireann for use in that business in Saorstát Eireann, and are not obtainable or likely to be obtainable in Saorstát Eireann, the Revenue Commissioners may by licence authorise such person, subject to compliance with such conditions as they may think fit to impose, to import without payment of such duties or any of them the said goods either, as the Revenue Commissioners shall think proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity.

41 Rebate on beer brewed from home malted cereals.

41.—If any brewer of beer for sale shows, to the satisfaction of the Revenue Commissioners, in relation to all the beer chargeable with duty brewed by him in the year beginning on the 1st day of July, 1932, or in the year beginning on any subsequent 1st day of July, that at least eighty per cent. of the cereals used in the brewing of such beer were malted or roasted in Saorstát Eireann, such brewer shall be entitled to receive a rebate at the rate of five shillings per standard barrel on the first five thousand standard barrels of such beer brewed by him in such year.

42 Exemption of articles for personal use of importer.

42.—Where the Revenue Commissioners are satisfied, in respect of any article chargeable with a duty of customs imposed by this Act or any other Act (whether passed before or after this Act), that—

• (a) the importer of such article either has within six months before the importation thereof begun to reside in Saorstát Eireann or bona fide intends to begin so to reside within six months after such importation and, in either case, bona fide intends to reside permanently in Saorstát Eireann, and

• (b) such article had been previously used by the importer or his family or household or had been previously used (otherwise than as stock-in-trade or as manufactured or partly manufactured stock for sale or as a material, ingredient, or component part for the manufacture of such stock) by the importer for the purpose of his trade or business, and

• (c) such article is being imported into Saorstát Eireann for the use of the importer or his family or household or for use (otherwise than as aforesaid) by the importer for the purpose of his trade or business,

the Revenue Commissioners may, subject to compliance with such conditions as they may think fit to impose, permit such article to be imported without payment of duty.

43 Amendment of section 10 of Finance Act, 1901.

43.—Section 10 of the Finance Act, 1901, as amended by section 7 of the Finance Act, 1902, shall, as from the 12th day of May, 1932, apply to a contract to make any article, erect any structure, or execute any work and supply all or any of the materials required to form or be incorporated in such article, structure, or work, and, for the purposes of such application, references in the said section 10 to delivery of goods shall be construed as including the formation or incorporation of materials into or in such article, structure, or work.

44 Computation of value of articles and goods.

44.—The value of any article or goods for the purposes of this Part of this Act and the First and Second Schedules to this Act shall be taken to be the price which an importer would give for the article or goods if the article or goods were delivered, freight and insurance paid, in bond, at the place of importation, and duty shall be paid on that value as fixed by the Revenue Commissioners.

45 Penalty for breach of condition.

45.—If any person does any act (whether of commission or omission) which is a contravention of any condition imposed by the Revenue Commissioners under this Part of this Act or under the First or the Second Schedule to this Act, he shall be guilty of an offence under the Customs Acts and shall for each such offence incur a penalty of fifty pounds, and any article liable to duty in respect of which such offence is committed shall be forfeited.

PART III. Death Duties.

46 Legacies and successions for charitable purposes.

46.—(1) Where the Revenue Commissioners are satisfied that the whole of a legacy given for charitable purposes by the will of a person dying after the passing of this Act has been or will be applied to charitable purposes in Ireland, such legacy shall be wholly exempt from legacy duty.

• (2) Where the Revenue Commissioners are satisfied that a portion of a legacy given for charitable purposes by the will of a person dying after the passing of this Act has been or will be applied to charitable purposes in Ireland, that portion of such legacy shall be exempt from legacy duty.

• (3) Any succession or part of a succession which, if it were a legacy or part of a legacy given by the will of the predecessor, would be exempt under this section from legacy duty shall be exempt from succession duty.

PART IV. Corporation Profits Tax.

47 Alterations of corporation profits tax.

47.—(1) In respect of every accounting period ending after the 31st day of December, 1930:—

• (a) sub-section (3) of section 52 of the Finance Act, 1920, shall be construed and have effect as if, in the definition of the word “company” contained in that sub-section, the words “so constituted that the liability of its members is limited” were omitted and the words “nor a private company the liability of whose members is unlimited nor any corporate body which by its constitution is precluded from distributing any profits amongst its members” were added to the said definition at the end thereof;

• (b) the expression “public utility company” wherever it occurs in section 33 of the Finance Act, 1929 (No. 32 of 1929), shall not include any company which carries on any gas, water, electricity, tramway, or hydraulic power undertaking, and that section, as extended by section 30 of the Finance Act, 1931 (No. 31 of 1931), shall be construed and have effect accordingly;

• (c) sub-section (1) of section 52 of the Finance Act, 1920, shall be construed and have effect as if for the words “five per cent.” now contained therein there were substituted the words “seven and one-half per cent.”;

• (d) section 31 of the Finance Act, 1928 (No. 11 of 1928), shall be construed and have effect as if for the words “seven and one-half per cent.” now contained in sub-section (1) thereof there were substituted the words “ten per cent.”;

• (e) neither sub-section (2) of section 45 of the Finance Act, 1925 (No. 28 of 1925), nor sub-section (2) of section 30 of the Finance Act, 1926 (No. 35 of 1926), shall apply and in lieu thereof paragraph (a) of the proviso to section 52 of the Finance Act, 1920, shall be construed and have effect as if for the words “five hundred pounds” wherever those words occur in that paragraph there were substituted the words “five thousand pounds.”

• (2) In the case of every accounting period beginning before and ending on or after the 1st day of January, 1931, the profits arising in the accounting period shall be apportioned between the part of the period which is before that date and the part of the period which is after the 31st day of December, 1930, in proportion to the respective lengths of those parts, and—

• (a) no tax shall be charged on so much of the profits apportioned to the first-mentioned part of the period as bears to ten thousand pounds the same proportion as such first-mentioned part of the period bears to twelve months, and

• (b) no tax shall be charged on so much of the profits apportioned to the second-mentioned part of the period as bears to five thousand pounds the same proportion as such second-mentioned part of the period bears to twelve months, and

• (c) in the case of a company incorporated by or under the laws of Saorstát Eireann and in the case of a foreign company which has satisfied the Revenue Commissioners that the conditions prescribed by sub-section (2) of section 31 of the Finance Act, 1928 (No. 11 of 1928), have been fulfilled, the proportion of the profits of the first-mentioned part of the period which remains chargeable shall be charged at the rate of five per cent., and the proportion of the profits of the second-mentioned part of the period which remains chargeable shall be charged at the rate of seven and one-half per cent., and

• (d) in the case of a foreign company which has not satisfied the Revenue Commissioners that the conditions prescribed by sub-section (2) of section 31 of the Finance Act, 1928 (No. 11 of 1928), have been fulfilled, the proportion of the profits of the first-mentioned part of the period which remains chargeable shall be charged at the rate of seven and one-half per cent., and the proportion of the profits of the second-mentioned part of the period which remains chargeable shall be charged at the rate of ten per cent.

• (3) Sub-section (2) of section 45 of the Finance Act, 1925 (No. 28 of 1925), and sub-section (2) of section 30 of the Finance Act, 1926 (No. 35 of 1926), shall not apply in respect of any accounting period to which either sub-section (1) or sub-section (2) of this section applies.

• (4) Any additional corporation profits tax payable by virtue of the alterations in the law made by this section in respect of an accounting period ending after the 31st day of December, 1930, may be assessed and recovered notwithstanding that corporation profits tax has already been assessed in respect of that period.

• (5) In this section the expression “accounting period” has the same meaning as it has in the enactments relating to corporation profits tax.

PART V. Excess Profits Duty.

48 Power to remit excess profits duty.

48.—Where the Revenue Commissioners are satisfied that a person who is liable to excess profits duty either—

• (a) has voluntarily furnished to the Revenue Commissioners all such information in his possession or procurement as is requisite for the due computation of the amount of such duty; or

• (b) is in such financial circumstances that he cannot without undue hardship pay the whole amount of such duty; or

• (c) has so furnished such information as aforesaid and is also in such financial circumstances as aforesaid,

the Revenue Commissioners may, in consideration of such information or on account of such circumstances or on both those grounds, remit all (if any) interest payable in respect of such duty and also grant such remission of such duty as they consider just.

PART VI. Stamp Duties.

49 Stamp duty in respect of consolidated bank notes.

49.—(1) In respect of the half-year beginning on the 1st day of April, 1932, and in respect of every subsequent half-year, there shall be charged on and paid by every bank which is for the time being a shareholding bank within the meaning of the Currency Act, 1927 (No. 32 of 1927), a stamp duty at the rate of three per cent. per annum on the amount of consolidated bank notes which is, during such half-year, the quota within the meaning of section 54 of the said Act for the time being assigned to such bank under that section.

• (2) Every bank liable to the payment of the duty imposed by this section shall be entitled, as against the amount of such duty payable by it in respect of any half-year, to credit for every payment which it is shown to the satisfaction of the Revenue Commissioners that such Bank has made or is liable to make to the Currency Commission in respect of that half-year on foot of the sum payable under paragraph (a) of sub-section (1) of section 65 of the Currency Act, 1927, or on foot of the sum (calculated at one and one-half per cent. per annum) payable under paragraph (b) of that sub-section.

• (3) Whenever the Currency Commission sends, in pursuance of sub-section (4) of section 65 of the Currency Act, 1927, such certificate as is mentioned in that sub-section, the Currency Commission shall at the same time send a copy of such certificate to the Revenue Commissioners, and, for the purposes of section 32 of the said Act and of every oath taken thereunder, the Revenue Commissioners shall, in respect of every certificate so sent to them, be deemed to be acting in the execution of the said Act, and the sending of such certificate shall be deemed to be necessary for the purposes of the said Act.

• (4) Every bank which is for the time being a shareholding bank within the meaning of the Currency Act, 1927, shall within fourteen days after receiving from the Currency Commission any such certificate as is mentioned in sub-section (4) of section 65 of that Act, furnish to the Revenue Commissioners a statement showing—

• (a) the quota assigned to such bank under section 54 of the said Act for the half-year to which such certificate relates, and

• (b) the amount which such bank has paid or is liable to pay to the Currency Commission under sub-section (1) of section 65 of the said Act in respect of such half-year and the particulars of how such sum is made up, and

• (c) such other particulars as the Revenue Commissioners may require.

• (5) If any bank which is required by the next preceding sub-section of this section to deliver to the Revenue Commissioners any such statement as is mentioned in that sub-section, fails so to deliver such statement within the time limited by the said sub-section, such bank shall be liable to a penalty of one hundred pounds together with a further penalty of one hundred pounds for every day (after the first day) during which such failure continues.

• (6) The stamp duty imposed by this section shall be payable by every bank chargeable therewith upon delivery of the statement mentioned in sub-section (4) of this section in respect of the half-year in respect of which such duty is payable.

• (7) Notwithstanding anything contained in the Stamp Duties (Ireland) Act, 1815, this section shall apply to the Bank of Ireland so long as that Bank is a shareholding bank within the meaning of the Currency Act, 1927.

50 Duty on certain sweepstakes.

50.—(1) There shall be charged in respect of the available surplus in every sweepstake which is held under the Public Charitable Hospitals (Temporary Provisions) Act, 1930 (No. 12 of 1930), and in which the drawing or any of the drawings of prizes is made after the 1st day of March, 1932, a stamp duty at the following rates, that is to say:—

• (a) in the case of any such sweepstake in which the drawing or all the drawings of prizes was or were completed before the 6th day of April, 1932, at the rate of seventeen and one-half per cent. of the amount of the available surplus in such sweepstake, and

• (b) in the case of every other such sweepstake, at the rate of twenty-five per cent. of the amount of the available, surplus in such sweepstake.

• (2) The duty imposed by this section shall be paid to the Revenue Commissioners by the committee for the purposes of the sweepstake in which the available surplus chargeable with such duty arises, and shall be so paid on delivery of the statement required by the next following sub-section of this section, and shall be deducted by such committee from such available surplus, and shall be so deducted before ascertainment of the two-thirds and the one-third mentioned respectively in sections 5 and 6 of the Public Charitable Hospitals (Amendment) Act, 1931 (No. 24 of 1931).

• (3) Every committee for the purposes of a sweepstake the available surplus in which is chargeable with the duty imposed by this section shall, within fourteen days after the completion of the audit of the accounts of such sweepstake in pursuance of section 6 of the Public Charitable Hospitals (Temporary Provisions) Act, 1930, or (where such audit is completed before the passing of this Act) within fourteen days after the passing of this Act, deliver to the Revenue Commissioners a statement showing the amount of such available surplus together with such other particulars of such sweepstake as the Revenue Commissioners may require.

• (4) If a committee which is required by the next foregoing sub-section of this section to deliver to the Revenue Commissioners a statement, fails to deliver such statement within the time limited by that sub-section, the delivery of such statement by such committee or any member thereof 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.

• (5) In this section—

the word “committee” means a committee appointed under section 2 of the Public Charitable Hospitals (Temporary Provisions) Act, 1930; and

the expression “available surplus” has the same meaning as in sections 5 and 6 of the Public Charitable Hospitals Act, 1931.

PART VII. General.

51 Care and management of taxes and duties.

51.—All taxes and duties (except the excise duties on mechanically propelled vehicles) imposed or continued by this Act are hereby placed under the care and management of the Revenue Commissioners.

52 Repeals.

52.—The several enactments specified in the Fifth Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and as on and from the respective dates specified in the fourth column of the said Schedule.

53 Short title, construction, and commencement.

53.—(1) This Act may be cited as the Finance Act, 1932.

• (2) Part I of this Act shall be construed together with the Income Tax Acts, and Part II of this Act, so far as it relates to duties of customs, shall be construed together with the Customs Acts, and so far as it relates to duties of excise, shall be construed together with the British Statutes and Acts of the Oireachtas which relate to the duties of excise and the management of those duties.

• (3) Part I of this Act shall, save as is otherwise expressly provided, be deemed to come into force on and shall take effect as on and from the 6th day of April, 1932.

FIRST SCHEDULE. Ad Valorem Customs Duties.