Finance Act , 1953

PART I. Income Tax.

1 Income tax and sur tax for the year 1953-54.

1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1953, at the rate of seven shillings and six pence in the pound.

(2) Sur-tax for the year beginning on the 6th day of April, 1953, shall be charged in respect of the income of any individual the total of which from all sources exceeds one thousand five hundred pounds and shall be so charged at the same rates as those at which it is charged for the year beginning on the 6th day of April, 1952.

(3) The several statutory and other provisions which were in force on the 5th day of April, 1953, in relation to income tax and sur-tax shall, subject to the provisions of this Act, have effect in relation to the income tax and sur-tax to be charged as aforesaid for the year beginning on the 6th day of April, 1953.

2 Amendment of section 32 of Income Tax Act, 1918.

2.—Where, with any insurance company or friendly society, being a company or society which is registered in the State and managed and controlled therein, any person, after the 21st day of May, 1953—

(a) makes an insurance on his life or the life of his wife, or

(b) contracts for any deferred annuity on his own life or the life of his wife,

the amount of any relief to which he is entitled under section 32 of the Income Tax Act, 1918, as amended by subsequent enactments, shall as regards that insurance or contract be ascertained as if, in clause (A) of paragraph (i) of subsection (1) and in clause (A) of subparagraph (i) of paragraph (e) of subsection (3) of the said section, the words “two-thirds of the standard rate of tax” were substituted for the words “half the standard rate of tax.”

3 Relief in certain cases.

3.—(1) Where as regards, any person to whom the provisions of section 2 of the Finance Act, 1941 (No. 14 of 1941), formerly applied—

(a) such person has income arising in a country outside the State and outside Great Britain and Northern Ireland in respect of which relief was formerly granted by virtue of those provisions, and

(b) the Revenue Commissioners are satisfied in relation to that income that the total tax, that is to say, Irish tax (including sur-tax) in respect of the income together with the corresponding tax of the said country, is in excess of what the said corresponding tax would have been if it had been computed on the basis that such person had been taxable as a person solely resident in the said country in respect of income arising from sources therein,

the Revenue Commissioners may grant a measure of relief not exceeding the amount of the excess.

(2) This section shall be deemed to have come into force on and shall take effect as on and from the 6th day of April, 1952.

PART II. Excise.

4 Entertainments duty—rates in the case of cinematographic exhibitions.

4.—On and after the 1st day of September, 1953, section 10 of the Finance Act, 1948 (No. 12 of 1948), shall have effect as if, for the rates specified in subsection (3) thereof, there were substituted the following rates, that is to say:

Rate of Duty
Where the payment for admission, excluding duty,
exceeds	4d.	but	does	not	exceed	4d.				d.
”	4d.	”	”	”	”	5d.				1d.
”	5d.	”	”	”	”	6d.				1d.
”	6d.	”	”	”	”	8d.				2d.
”	8d.	”	”	”	”	9d.				3d.
”	9d.	”	”	”	”	10d.				4d.
”	10d.	”	”	”	”	1s.0d.				6d.
”	1s.0d.	”	”	”	”	1s.1d.				7d.
”	1s.1d.	”	”	”	”	1s.3d.				9d.
”	1s.3d.	”	”	”	”	1s.5d.				10d.
”	1s.5d.	”	”	”	”	1s.6d.				1s.0d.
”	1s.6d.									1s. 0d. for the first 1s. 6d. and 3d. for every additional 3d. or part of 3d.

5 Entertainments duty—exemptions.

5.—Entertainments duty within the meaning of and chargeable under section 1 of the Finance (New Duties) Act, 1916, as amended by subsequent enactments shall not be charged or levied on payments for admission to any entertainment in respect of which it is proved to the satisfaction of the Revenue Commissioners—

(a) that the entertainment is promoted by Cumann Peil Cise Baigheach na hEireann or by a club affiliated to or under the direct control of that association and that the entertainment consists solely of an exhibition of the game of basketball, or

(b) that the entertainment is promoted by Cumann Rothaidheachta na hEireann or by a club affiliated to or under the direct control of that association and that the entertainment consists solely of an exhibition of the sport of cycle roller racing at or in connection with which no money is awarded or paid to any of the participants or contestants whether as a prize, remuneration or otherwise.

6 Entertainments duty—repayments in the case of certain cinematographic exhibitions.

6.—(1) Where—

(a) as respects payments for admission to any entertainment held on or after the 1st day of September, 1953, entertainments duty within the meaning of and chargeable under section (1) of the Finance (New Duties) Act, 1916, as amended by subsequent enactments has been paid, and

(b) it is shown to the satisfaction of the Revenue Commissioners that the entertainment was an entertainment as respects which the conditions specified in subsection (2) of this section were satisfied,

the Revenue Commissioners shall repay to the proprietor of the entertainment an amount equal to fifty per cent. of the duty so paid.

(2) The conditions referred to in paragraph (b) of subsection (1) of this section are:

(a) that the entertainment consists wholly of a cinematographic exhibition, and

(b) that the entertainment is of educational value either—

(i) by reason of the fact that not less than thirty-three and one-third per cent. of the entertainment consists of moving pictures produced by means of a cinematograph film having a continuous sound track from which is produced speech in the Irish language, or

(ii) by reason of the fact that not less than fifty per cent, of the entertainment consists of moving pictures produced by means of a cinematograph film having a continuous sound track from which is produced speech in a language other than the official languages of the State.

(3) An entertainment shall not be regarded as being wholly of an educational character within the meaning of paragraph (b) of subsection (2) of section 10 of the Finance Act, 1943 (No. 16 of 1943), merely because it satisfies the condition specified in paragraph (b) of subsection (2) of this section.

7 Entertainments duty—amendment of section 13 of Finance Act, 1949.

7.—(1) In this section “the principal section” means section 13 of the Finance Act, 1949 (No. 13 of 1949).

(2) The principal section shall have effect subject to the proviso that—

(a) where the census of population which is for the time being the latest such census shows that the population of a town exceeds five hundred, and

(b) the population of the town according to the immediately preceding census of population did not exceed five hundred,

the population of the town according to such latest census shall, with respect to the period of two years beginning on the day (as certified for the purposes of this proviso by the Minister for Finance by order) of publication of such latest census, be treated for the purposes of the principal section as being reduced so as not to exceed five hundred.

(3) The reference in paragraph (b) of subsection (2) of this section of the population to the town according to the immediately preceding census of population shall be construed, where the proviso to the principal section contained in section 10 of the Finance Act, 1951 (No. 15 of 1951), had effect in relation to that population, as a reference to that population as reduced as specified in that proviso.

(4) Where the census of population which is for the time being the latest such census is the census of population of 1951, the proviso specified in subsection (2) of this section shall have effect with the substitution of a reference to the period of two years beginning on the 1st day of September, 1953, for the reference to the period of two years beginning on the certified day of publication of such census.

8 Amendment of Finance (Excise Duties) (Vehicles) Act, 1952.

8.—(1) Paragraph (3) of Part II of the Schedule to the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), is hereby amended by the addition thereto of the following provision:

“Where a farm is carried on as part of or in connection with—

(a) a hospital, sanatorium, convalescent home or similar institution,

(b) a mental institution within the meaning of the Mental Treatment Act, 1945 (No. 19 of 1945),

(c) a monastery, convent or similar institution, or

(d) a college, school or similar institution,

the person carrying on the farm shall be regarded for the purposes of this paragraph as being a person whose chief occupation is farming.”

(2) Subsection (1) of this section shall be deemed to have come into operation on the passing of the Finance (Excise Duties) (Vehicles) Act, 1952.

(3) The appropriate repayments shall be made having regard to the foregoing provisions of this section and the repayments shall be made in accordance with such directions as may be given by the Minister for Local Government.

PART III. Corporation Profits Tax.

9 Continuance of certain exemptions from corporation profits tax.

9.—The exemptions from corporation profits tax specified in subsection (1) of section 33 of the Finance Act, 1929 (No. 32 of 1929), as amended by section 30 of the Finance Act, 1931 (No. 31 of 1931), paragraph (b) of subsection (1) of section 47 of the Finance Act, 1932 (No. 20 of 1932), and subsection (2) of section 11 of the Finance Act, 1950 (No. 18 of 1950), shall be given in respect of the period beginning on the 1st day of January, 1953, and ending on the 31st day of December, 1955.

PART IV. Unremittable Income: Income Tax, Sur-tax and Corporation Profits Tax.

10 Unremittable income.

10.—(1) In this section—

“tax” means income tax, sur-tax or corporation profits tax, as the case may be;

“particular income” means income arising outside the State, the amount of which is, or is included in, the amount (in this section referred to as the said amount) on which, in accordance with the relevant statute, the tax is computed.

(2) Subject to the other subsections of this section, the provisions of this section shall have effect where—

(a) tax is charged by an assessment for any period, whether beginning before the date of the passing of this Act or otherwise, and whether the assessment has been made before that date or otherwise, and

(b) the tax has not been paid.

(3) In any case in which, on or after the date on which the tax has become payable, such proof is given to the Revenue Commissioners as renders them satisfied that particular income cannot, by reason of legislation in the country in which it arises or of executive action of the Government of that country, be remitted to the State, the Revenue Commissioners may, for the purposes of collection, treat the assessment as if the said amount did not include the particular income, but such treatment shall terminate on the Revenue Commissioners ceasing to be satisfied as aforesaid.

(4) The Revenue Commissioners may, for the purposes of this section, call for such information as they consider necessary.

(5) Any person who is dissatisfied with a decision of the Revenue Commissioners under subsection (3) of this section may, by giving notice in writing to the Revenue Commissioners within twenty-one days after the notification of the decision to him, apply to have the matter referred to the Special Commissioners, whose decision shall be final.

11 Construction of this Part of this Act.

11.—This Part of this Act shall, so far as relating to income tax (including sur-tax), be read and construed together with the Income Tax Acts and shall, so far as relating to corporation profits tax, be read and construed together with Part V of the Finance Act, 1920, as amended or extended by subsequent enactments.

PART V. Stamp Duties.

12 Exchanges.

12.—(1) In this section “the principal Act” means the Stamp Act, 1891.

(2) (a) Where upon the exchange of any property for any other property the properties exchanged are not of equal value, the principal or only instrument (in this subsection referred to as the said instrument) whereby the exchange is effected shall be charged with the same stamp duty, and be subject to the provisions of the principal Act (as amended by subsequent enactments), as if, instead of being such instrument, it were a conveyance on sale of the property which is of the greater value—

(i) which was made in consideration of a sum equal to the difference between the values of the properties exchanged,

(ii) which was made to the person or persons in whom there vests the property which is of the greater value,

(iii) under which the entire beneficial interest passed to the person becoming entitled to the entire beneficial interest in the property which is of the greater value, or, where more than one person becomes entitled to a beneficial interest therein, under which a beneficial interest passed to each of them, and

(iv) which contained any statements and certificates such as are referred to in section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), as amended by subsequent enactments, and section 21 of the Finance Act, 1952 (No. 14 of 1952), that might properly be contained therein if it were in fact such a conveyance on sale.

(b) Where there are several instruments for completing the title of either party to the exchange, the principal instrument is to be ascertained and the other instruments are to be charged with duty in the manner provided in the principal Act in the case of several instruments of conveyance.

(c) The said instrument shall be deemed not to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the principal Act.

(d) In this subsection “property” means lands, tenements or hereditaments and “value”, where used in relation to property, means the value of the property free from all charges and incumbrances.

(3) Section 73 of the principal Act shall not apply in relation to an exchange in relation to which subsection (2) of this section applies and the references to the said section 73 contained under the heading “Exchange or Excambion” in the First Schedule to the principal Act shall, in the case of any such exchange, be construed as references to that subsection.

13 Exemption for certain receipts.

13.—(1) The following exemption shall be substituted for exemption numbered (6) under the heading “Receipt given for, or upon the payment of, money amounting to £2 or upwards” in the First Schedule to the Stamp Act, 1891:

“(6) Receipt given for or on account of any salary, pay or wages, or for or on account of any other like payment made to or for the account or benefit of any person, being the holder of an office or an employee, in respect of his office or employment, or for or on account of money paid in respect of any pension, superannuation allowance, compassionate allowance or other like allowance.”

(2) Subsection (2) of section 38 of the Finance Act, 1926 (No. 35 of 1926), and section 36 of the Finance Act, 1935 (No. 28 of 1935), are hereby repealed.

14 Refund of stamp duties in certain cases.

14.—(1) In this section—

“the 1947 section” means section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), as amended by subsequent enactments;

“the 1949 section” means section 24 of the Finance Act, 1949 (No. 13 of 1949), as amended by subsequent enactments.

(2) Where—

(a) an instrument has (whether before or after the passing of this Act) been charged with stamp duty in accordance with subsection (5) of the 1947 section,

(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and

(c) it is shown to the satisfaction of the Revenue Commissioners that the person who became entitled under the instrument to the entire beneficial interest in the property conveyed or transferred (or, where more than one person became entitled to a beneficial interest therein, each of them) was, at the date of the execution of the instrument, an Irish citizen,

the instrument shall be deemed to have contained any such statements as are referred to in the 1947 section that could properly have been contained therein, and to have been chargeable with duty accordingly, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped.

(3) Where—

(a) an instrument has (whether before or after the passing of this Act) been charged with stamp duty in accordance with subsection (5) of the 1949 section,

(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and