FINANCE (No. 2) ACT, 1939

Type Act
Publication 1939-12-14
Last updated 1967-03-08
State Partially repealed superseded text
Text As published
articles 10

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

3 amending acts · 1967-03-08, INCOME TAX ACT, 1967

Reform history JSON API

AN ACT TO AMEND THE LAW RELATING TO INCOME TAX, TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS AND EXCISE, AND TO INCREASE THE RATES OF CERTAIN OTHER SUCH DUTIES AND CERTAIN RATES OF ESTATE DUTY, AND FOR THOSE PURPOSES TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE, INCLUDING EXCISE. [14th December, 1939.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I. Income Tax.

1 Deductions of income tax after 5th April, 1940.

1.—(1) Every sum paid or deducted in respect of income tax within two months after the 5th day of April, 1940, which consists wholly of a payment or deduction made by virtue of section 6 of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927), in respect of income tax for the year beginning on the 6th day of April, 1940, shall be calculated at the rate of six shillings and sixpence in the pound, and the said section 6 shall apply and have effect in relation thereto as if that rate had been the standard rate of income tax for the year beginning on the 6th day of April, 1939.

PART II. Customs and Excise.

2 Alteration of duties on sugar.

2.—(1) In lieu of the present customs duties, drawbacks, and allowance in respect of sugar, molasses, glucose, and saccharin, there shall be charged, levied, and paid in respect of all sugar, molasses, glucose, and saccharin imported on or after the 9th day of November, 1939, the customs duties specified in the second column of Part I of the First Schedule to this Act, and there shall be paid and allowed in respect of all sugar, molasses, glucose, and saccharin so imported the drawbacks and allowance set out in Part II of the said First Schedule.

3 Alteration of duties on articles made from or containing sugar, etc.

3.—(1) In lieu of the duties of customs chargeable under section 9 of the Finance Act, 1936 (No. 31 of 1936), there shall be charged, levied, and paid on all articles (with the exceptions hereinafter mentioned) imported on or after the 9th day of November, 1939, and made from or containing sugar or other sweetening matter, a duty of customs at the following rates, that is to say:—

4 Alteration of rates of duty on tobacco.

4.—(1) The duty of customs on tobacco imposed by section 20 of the Finance Act, 1932 (No. 20 of 1932), shall, in respect of tobacco imported on or after the 9th day of November, 1939, be charged, levied, and paid at the several rates specified in Part I of the Second Schedule to this Act in lieu of the rates at which the said duty is now chargeable by virtue of section 9 of the Finance Act, 1939 (No. 18 of 1939).

5 Alteration of rates of customs duties on beer.

5.—(1) In lieu of the duties of customs imposed by sub-section (1) of section 5 of the Finance Act, 1920, there shall be charged, levied, and paid on all mum, spruce or black beer, Berlin white beer, and other preparations (whether fermented or not fermented) of a similar character imported on or after the 9th day of November, 1939, a duty of customs at the following rates, that is to say:—

6 Alteration of rates of excise duties on beer.

6.—(1) In lieu of the duty of excise imposed by section 6 of the Finance Act, 1920, there shall be charged, levied, and paid on all beer brewed within the State on or after the 9th day of November, 1939, a duty of excise at the rate of five pounds and twelve shillings for every thirty-six gallons of worts of a specific gravity of one thousand and fifty-five degrees.

7 Alteration of rates of duties on spirits.

7.—(1) The Finance Act, 1920, shall, in respect of articles imported on or after the 9th day of November, 1939, be amended as follows and shall have effect accordingly, that is to say:—

PART III. Death Duties.

8 Increase of certain rates of estate duty.

8.—(1) In the case of persons dying after the 8th day of November, 1939, the rates of estate duty set out in the Second Schedule to the Finance Act, 1931 (No. 31 of 1931), shall, in so far as they relate to estates of which the principal value exceeds ten thousand pounds, be severally increased as follows, that is to say:—

PART IV. General.

9 Care and management of taxes and duties.

9.—All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.

10 Short title and construction.

10.—(1) This Act may be cited as the Finance (No. 2) Act, 1939.

FIRST SCHEDULE. SUGAR, MOLASSES, GLUCOSE, SACCHARIN—RATES OF DUTIES, DRAWBACKS AND ALLOWANCES.

PART I.—DUTIES.

Goods Goods Goods Goods Goods Goods Customs Duties Customs Duties Excise Duties Excise Duties Excise Duties Excise Duties
Goods Goods Goods Goods Goods Goods Customs Duties Customs Duties Sugar and Molasses made wholly from Beet grown in Éire Sugar and Molasses made wholly from Beet grown in Éire All Other Goods All Other Goods
s. d. s. d. s. d.
Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees the cwt. 23 4 8 2 23 4
Sugar of a polarisation not exceeding seventy-six degrees Sugar of a polarisation not exceeding seventy-six degrees Sugar of a polarisation not exceeding seventy-six degrees Sugar of a polarisation not exceeding seventy-six degrees Sugar of a polarisation not exceeding seventy-six degrees ” 11 2 3 11 11 2
Sugar of a polarisation:— Sugar of a polarisation:— Sugar of a polarisation:— Sugar of a polarisation:— Sugar of a polarisation:— Sugar of a polarisation:—
Exceeding— Exceeding— Exceeding— Exceeding— Exceeding— Exceeding—
76 and not exceeding 77 degrees 76 and not exceeding 77 degrees 76 and not exceeding 77 degrees 76 and not exceeding 77 degrees 76 and not exceeding 77 degrees ” 11 6·8 4 0·6 11 6·8
77 ” ” 78 ” ” 11 11·3 4 2·1 11 11·3
78 ” ” 79 ” ” 12 3·8 4 3·7 12 3·8
79 ” ” 80 ” ” 12 8·3 4 5·3 12 8·3
80 ” ” 81 ” ” 13 0·8 4 6·8 13 0·8
81 ” ” 82 ” ” 13 5·2 4 8·4 13 5·2
82 ” ” 83 ” ” 13 9·7 4 10·0 13 9·7
83 ” ” 84 ” ” 14 2·8 4 11·7 14 2·8
84 ” ” 85 ” ” 14 7·8 5 1·5 14 7·8
85 ” ” 86 ” ” 15 0·8 5 3·3 15 0·8
86 ” ” 87 ” ” 15 5·9 5 5·0 15 5·9
87 ” ” 88 ” ” 15 11·5 5 7·0 15 11·5
88 ” ” 89 ” ” 16 5·1 5 8·9 16 5·1
89 ” ” 90 ” ” 16 11·8 5 11·3 16 11·8
90 ” ” 91 ” ” 17 6·5 6 1·6 17 6·5
91 ” ” 92 ” ” 18 1·2 6 4·0 18 1·2
92 ” ” 93 ” ” 18 8·0 6 6·4 18 8·0
93 ” ” 94 ” ” 19 2·7 6 8·7 19 2·7
94 ” ” 95 ” ” 19 9·4 6 11·1 19 9·4
95 ” ” 96 ” ” 20 4·1 7 1·4 20 4·1
96 ” ” 97 ” ” 20 10·8 7 3·8 20 10·8
97 ” ” 98 ” ” 21 5·6 7 6·1 21 5·6
Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:— Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:— Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:— Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:— Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:— Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:—
If containing 70 per cent. or more of sweetening matter If containing 70 per cent. or more of sweetening matter If containing 70 per cent. or more of sweetening matter If containing 70 per cent. or more of sweetening matter If containing 70 per cent. or more of sweetening matter the cwt. 15 5 5 5 15 5
If containing less than 70 per cent. and more than 50 per cent. of sweetening matter If containing less than 70 per cent. and more than 50 per cent. of sweetening matter If containing less than 70 per cent. and more than 50 per cent. of sweetening matter If containing less than 70 per cent. and more than 50 per cent. of sweetening matter If containing less than 70 per cent. and more than 50 per cent. of sweetening matter ” 11 2 3 11 11 2
If containing not more than 50 per cent. of sweetening matter If containing not more than 50 per cent. of sweetening matter If containing not more than 50 per cent. of sweetening matter If containing not more than 50 per cent. of sweetening matter If containing not more than 50 per cent. of sweetening matter ” 5 7 2 0 5 7
The amount of sweetening matter to be taken to be the total amount of sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners The amount of sweetening matter to be taken to be the total amount of sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners The amount of sweetening matter to be taken to be the total amount of sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners The amount of sweetening matter to be taken to be the total amount of sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners The amount of sweetening matter to be taken to be the total amount of sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners The amount of sweetening matter to be taken to be the total amount of sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners
Glucose:— Glucose:— Glucose:— Glucose:— Glucose:— Glucose:—
Solid Solid Solid Solid Solid the cwt. 15 5 — 15 5
Liquid Liquid Liquid Liquid Liquid ” 11 2 — 11 2
Saccharin (including substances of a like nature or use) Saccharin (including substances of a like nature or use) Saccharin (including substances of a like nature or use) Saccharin (including substances of a like nature or use) Saccharin (including substances of a like nature or use) the oz. 7 0 — 7 0

PART II.—DRAWBACKS AND ALLOWANCES.

A.—CUSTOMS.

Nature of Drawback or Allowance Nature of Drawback or Allowance Amount or Rate of Drawback or Allowance Amount or Rate of Drawback or Allowance
(1) Drawback on the export, or on the shipment or deposit in a bonded warehouse for use as ship's stores, of duty-paid sugar or molasses (including sugar or molasses produced from duty-paid sugar or molasses) which has passed a refinery in Éire. In the case of molasses produced in bond, an amount equal to the duty paid, and, in any other case, an amount equal to the duty which would be chargeable on the importation of the like article. In the case of molasses produced in bond, an amount equal to the duty paid, and, in any other case, an amount equal to the duty which would be chargeable on the importation of the like article.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar or glucose has been used. An amount equal to the duty paid in respect of the sugar or glucose. An amount equal to the duty paid in respect of the sugar or glucose.
(3) Drawback on the export, or on the shipment or deposit in a bonded warehouse for use as ship's stores, of goods (other than beer) in the manufacture or preparation of which in Eire any duty-paid sugar, molasses, glucose or saccharin has been used. An amount equal to the duty chargeable in respect of that quantity of the sugar, molasses glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods, or, in the case of residual products, to be contained in the goods. An amount equal to the duty chargeable in respect of that quantity of the sugar, molasses glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods, or, in the case of residual products, to be contained in the goods.
(4) Drawback to be allowed to a refiner on molasses produced in Eire from sugar on which the import duty has been paid at the current rate and delivered to a licensed distiller for use in the manufacture of spirits the cwt. the cwt. s. 5 d. 7
(5) Allowance to a refiner on molasses, used solely for the purpose of food for stock, produced in Eire from sugar on which the import duty has been paid at the current rate the cwt. s. 5 d. 7

B.—EXCISE.—SUGAR AND MOLASSES MADE WHOLLY FROM BEET GROWN IN ÉIRE

Natur e of Drawback or Allowance Natur e of Drawback or Allowance Amount or Rate of Drawback or Allowance Amount or Rate of Drawback or Allowance
(1) Drawback on the export, or on the shipment or deposit in a bonded warehouse for use as ship's stores, of duty-paid sugar or molasses. An amount equal to the duty paid. An amount equal to the duty paid.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar has been used. An amount equal to the duty paid in respect of the sugar. An amount equal to the duty paid in respect of the sugar.
(3) Drawback on the export, or on the shipment or deposit in a bonded warehouse for use as ship's stores, of goods (other than beer) in the manufacture or preparation of which in Eire any duty-paid sugar or molasses has been used. An amount equal to the duty paid in respect of that quantity of the sugar or molasses which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods. An amount equal to the duty paid in respect of that quantity of the sugar or molasses which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods.
(4) Drawback to be allowed to a refiner on molasses produced in Eire from sugar on which the Excise duty has been paid and delivered to a licensed distiller for use in the manufacture of spirits the cwt. s. 2 d. 0
(5) Allowance to a refiner on molasses, used solely for the purpose of food for stock, produced in Eire from sugar on which the Excise duty has been paid the cwt. s. 2 d. 0

C.—EXCISE.—ALL OTHER GOODS.

Nature of Drawback or Allowance Nature of Drawback or Allowance Amount or Rate of Drawback or Allowance Amount or Rate of Drawback or Allowance
(1) Drawback on the export, or on the shipment or deposit in a bonded warehouse for use as ship's stores, of duty-paid sugar, molasses, glucose or saccharin. An amount equal to the duty paid. An amount equal to the duty paid.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar or glucose has been used. An amount equal to the duty paid. An amount equal to the duty paid. An amount equal to the duty paid.
(3) Drawback on the export, or on the shipment or deposit in a bonded warehouse for use as ship's stores, of goods (other than beer) in the manufacture or preparation of which in Éire any duty-paid sugar, molasses, glucose or saccharin has been used. An amount equal to the duty paid in respect of that quantity of sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods. An amount equal to the duty paid in respect of that quantity of sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods.
(4) Drawback to be allowed to a refiner on molasses produced in Eire from sugar on which the Excise duty has been paid at the current rate and delivered to a licensed distiller for use in the manufacture of spirits the cwt. the cwt. s. 5 d. 7
(5) Drawback on the deposit of duty-paid glucose in a warehouse approved by the Revenue Commissioners under Section 2 of the Manufactured Tobacco Act, 1863, for the manufacture of cavendish and negrohead tobacco. An amount equal to the drawback which would have been payable on the export of the glucose. An amount equal to the drawback which would have been payable on the export of the glucose.
(6) Allowance to a refiner on molasses, used solely for the purpose of food for stock, produced in Eire from sugar on which the Excise duty has been paid at the current rate the cwt the cwt. s. 5 d. 7

SECOND SCHEDULE. DUTIES ON TOBACCO.

CUSTOMS.

PART I.

Unmanufactured:— Unmanufactured:— Unmanufactured:— Unmanufactured:— Unmanufactured:— Unmanufactured:—
If Stripped or Stemmed:— If Stripped or Stemmed:— If Stripped or Stemmed:— If Stripped or Stemmed:— s. d.
Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb. 13 4½
Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ” 14 10½
If Unstripped or Unstemmed:— If Unstripped or Unstemmed:— If Unstripped or Unstemmed:— If Unstripped or Unstemmed:— If Unstripped or Unstemmed:— If Unstripped or Unstemmed:—
Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof ” 13 4
Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ” 14 10
Full Full preferential preferential
Manufactured, viz.:— Manufactured, viz.:— s. d. s. d.
Cigars the lb. 25 5 21 2⅙
Cigarettes ” 20 6 17 1
Cavendish or Negrohead ” 19 6 16 3
Cavendish or Negrohead Manufactured in Bond ” 16 11 14 1⅙
Other Manufactured Tobacco ” 16 11 14 1⅙
Snuff containing more than 13 lbs. of moisture in every 100 lbs. weight thereof ” 16 1 13 45/6
Snuff not containing more than 13 lbs. of moisture in every 100 lbs. weight thereof ” 19 6 16 3

EXCISE.

PART II.

Unmanufactured, viz.:— s. d.
Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb. 12 6
Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ” 13 10
Manufactured, viz.:— Manufactured, viz.:— Manufactured, viz.:— Manufactured, viz.:—
Cavendish or Negrohead Manufactured in Bond ” 16 3

PART III.

Unmanufactured, viz.:— s. d.
Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb. 11 4
Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ” 12 7
Manufactured, viz.:— Manufactured, viz.:— Manufactured, viz.:— Manufactured, viz.:—
Cavendish or Negrohead Manufactured in Bond ” 14 8

THIRD SCHEDULE. SPIRITS (RATES OF ORDINARY CUSTOMS DUTY).

escription of Spirits Preferential Rates Preferential Rates Preferential Rates Preferential Rates Preferential Rates Preferential Rates Full Rates Full Rates Full Rates Full Rates Full Rates Full Rates
escription of Spirits In Cask In Cask In Cask In Bottle In Bottle In Bottle In Cask In Cask In Cask In Bottle In Bottle In Bottle
£ s. d. £ s. d. £ s. d. £ s. d.
For every gallon computed at proof of—
Brandy or rum 4 2 10 4 3 10 4 5 4 4 6 4
Imitation rum or geneva 4 2 11 4 3 11 4 5 5 4 6 5
Unsweetened spirits other than those already enumerated 4 2 11 4 2 11 4 5 5 4 5 5
For every gallon of perfumed spirits 6 12 0 6 13 0 6 16 0 6 17 0
For every gallon of liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested — — — 5 12 7 — — — 5 15 11
For every gallon computed at proof of spirits of any description not heretofore mentioned, including naphtha and methylic alcohol purified so as to be potable, and mixtures and preparations containing spirit 4 2 11 4 3 11 4 5 5 4 6 5

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