FINANCE ACT, 1958

• (j) that—

• (i) the aggregate value of all benefits which may accrue, on the death after his retirement of any person, may not exceed an amount equal to the aggregate value of the benefits to which that person became entitled on his retirement reduced by the total amount of all payments made or due up to such death in respect of such benefits, or

• (ii) the only benefit which may accrue on the death after his retirement of any person is a non-commutable pension to his widow or other dependant of an amount not exceeding one-half of the pension or annuity to which that person had been entitled at the time of his death;

• (k) that the pensions or annuities provided under the scheme are not assignable in whole or in part;

• (l) that the scheme includes provision securing that no rights to any benefit provided or to be provided under the scheme (whether or not the accrual of the benefit is dependent on a contingency) shall be surrendered in whole or in part; and

• (m) that no service of a person in whatever capacity while he is—

• (i) a proprietary director,

• (ii) a part-time director,

• (iii) a proprietary employee, or

• (iv) a part-time employee,

may be taken into account for any of the purposes of the scheme.

• (2) The Revenue Commissioners may, if they think fit, having regard to the circumstances of the particular case, and subject to such conditions as they think proper to impose, approve a retirement benefits scheme for the purposes of this Part of this Act notwithstanding that one or more of the following paragraphs applies:

• (i) the condition set out in paragraph (a) of subsection (1) of this section is not satisfied,

• (ii) while the provision of benefits which may accrue only in the circumstances mentioned in paragraph (b) of that subsection is the principal purpose of the scheme, such provision is not its sole purpose,

• (iii) the condition set out in paragraph (f) of that subsection is not satisfied because, if the amount of the sums paid by the body corporate for the purpose of providing benefits under the scheme in respect of any person or persons is in excess of the amount required to provide benefits in accordance with the scheme for such person or persons, a sum in relation to the excess may be repaid to the body corporate,

• (iv) the condition set out in paragraph (g) of that subsection is not satisfied because sums contributed by a director or employee may be refunded to him (with or without reasonable interest thereon) on the cessation of his service in circumstances such that he does not become entitled to a pension payable either immediately or at some future date,

• (v) in exceptional circumstances the aggregate value of the benefits which may accrue on the retirement of a director or employee may exceed the limit set out in subparagraph (i) of paragraph (h) of that subsection, or the value of such benefits which may be given otherwise than by way of non-commutable pension or annuity may exceed the limit set out in subparagraph (ii) of paragraph (h) of that subsection,

• (vi) the aggregate value of the benefits which may be given, otherwise than by way of non-commutable pension or annuity, on the death during his service of any person may exceed the limit set out in paragraph (i) of that subsection,

• (vii) the condition set out in paragraph (m) of that subsection is not satisfied in relation to a part-time director or part-time employee,

provided that the scheme otherwise satisfies the conditions set out in that subsection and that all payments under the scheme to persons to whom the scheme relates are payable by or through a person resident, for income tax purposes, in the State.

• (3) Where the Revenue Commissioners have given their approval to a scheme, they may at any time, by notice in writing to the body corporate in question, withdraw their approval on such grounds, and as from such date (including a date before the date of the notice) as may be specified in the notice and where any approval is withdrawn under this subsection, such assessments as, having regard to section 32 of this Act, may be appropriate consequent upon the withdrawal shall thereupon be made.

• (4) In the case of a scheme in existence on the commencement of this Part of this Act which does not then satisfy the conditions set out in subsection (1) of this section or which is not then a scheme which the Revenue Commissioners see fit to approve under subsection (2) of this section but which is so altered before the 6th day of April, 1960, or within such further time as the Revenue Commissioners may allow, as to be approvable under subsection (1) or subsection (2) of this section, approval thereof after the 6th day of April, 1959, shall, if the Revenue Commissioners so direct, be deemed to have had effect as from that day.

35 Aggregation and severance of schemes.

35.—(1) References in this Part of this Act to a retirement benefits scheme shall be construed in accordance with the following provisions:

• (a) references to such a scheme shall, in relation to a deed, agreement, series of agreements, or other arrangements providing for retirement or other benefits for persons of two or more classes, be construed as references to so much thereof as relates to persons of a single class, and accordingly a deed, agreement, series of agreements or other arrangements so providing shall be treated for the purposes of this Part of this Act as constituting two or more retirement benefits schemes relating respectively to the different classes;

• (b) references to such a scheme include references to a deed, agreement, series of agreements, or other arrangements providing for retirement or other benefits for persons consisting of or including a director or employee, or directors or employees, of a body corporate (or, in a case falling within paragraph (a) of this subsection, to so much thereof as relates to a person or persons of any one class), notwithstanding that it or they relates or relate only to a small number of directors or employees, or to a single director or employee.

• (2) For the purpose of determining, in the case of a retirement benefits scheme submitted for the approval of the Revenue Commissioners, whether the conditions specified in subsection (1) of section 34 of this Act are satisfied, the scheme shall be considered in conjunction with any other scheme or schemes subsisting in connection with the body corporate and relating to persons of the class to which the scheme in question relates and if the said conditions are satisfied in the case of all the schemes taken together, those conditions shall be taken to be satisfied in the case of each of them, and, if not, those conditions shall be taken to be satisfied in the case of none of them.

• (3) The Revenue Commissioners may, if they think fit—

• (a) approve a part of a retirement benefits scheme, or

• (b) approve such a scheme notwithstanding that, having regard to another such scheme subsisting in connection with the body corporate, the scheme in question is to be treated by virtue of the last preceding subsection as not satisfying the conditions aforesaid,

and references in this Part of this Act to a retirement benefits scheme approved under section 34 of this Act shall be deemed to include references to a part of a scheme approved under this subsection.

36 Certain amounts to be deemed to be income.

36.—(1) This section applies in relation to a retirement benefits scheme which is approved by the Revenue Commissioners by exercise of the powers conferred on them by subsection (2) of section 34 of this Act, in a case to which paragraph (v) of that subsection applies.

• (2) Where, under a retirement benefits scheme in relation to which this section applies, any benefit is provided for a director or employee on his retirement, otherwise than by way of non-commutable pension or annuity, and the total value of all benefits so provided under all retirement benefits schemes in relation to which this section applies exceeds the amount which would have satisfied the condition specified in subparagraph (ii) of paragraph (h) of subsection (1) of section 34 of this Act, the amount of such excess (hereafter in this section referred to as the excess) shall be deemed, for all the purposes of the Income Tax Acts, to be income of the director or employee for the year of assessment in which his retirement takes place and assessable to income tax under Case VI of Schedule D:

Provided that the director or employee shall, on proof of the relevant facts to the satisfaction of the Revenue Commissioners, be entitled to have the total amount of income tax and sur-tax payable by him for the year of assessment reduced to the total of the two following amounts:

• (i) the amount of income tax and sur-tax which would have been payable by him if this subsection had not been enacted, and

• (ii) income tax and sur-tax on the amount of the excess at rates respectively ascertained in the manner specified in subsection (3) of this section.

• (3) There shall be ascertained:

• (a) the amounts of income tax and sur-tax respectively which would have been payable by the director or employee for the year of assessment in which his retirement takes place if his total income for that year had not included any remuneration from the office or employment from which he has retired, but had included a full year's payment of the non-commutable pension or annuity, if any, provided for him on his retirement, and

• (b) the additional amounts of income tax and sur-tax, over and above the amounts ascertained in accordance with paragraph (a) of this subsection, which would have been payable by him if his total income for the year of assessment had, in addition to the income specified in that paragraph, included a full year's payment of a pension for his life (hereafter in this subsection referred to as the notional pension) the value of which, at the date of his retirement, would have been equal to the excess,

and the rates of income tax and sur-tax respectively for the purposes of paragraph (ii) of the proviso to subsection (2) of this section shall then be ascertained by dividing the additional amounts of income tax and sur-tax respectively computed in accordance with paragraph (b) of this subsection by the amount of the notional pension.

• (4)
• (a) Rule 21 of the General Rules shall apply to any payment made in respect, or on account, of the excess as if such payment were a payment of interest charged to tax under Schedule D not payable out of profits or gains brought into charge to tax, and tax shall accordingly be deducted by and recoverable from the person by or through whom the payment is made.

• (b) This subsection shall not affect the liability of the director or employee in question to assessment to tax by virtue of this section under Case VI of Schedule D, or the amount on which he may be so assessed to tax, but, for the purposes of collection, credit shall be given to him for the amount deducted and accounted for under this subsection.

• (5) Where the aggregate value of all benefits provided on or in connection with the retirement of a director or employee under all retirement benefits schemes subsisting in connection with the body corporate does not exceed £3,000, this section shall not take effect in relation to such director or employee.

37 Application of Rule 21 of General Rules to certain payments.

37.—(1) This section applies in relation to a retirement benefits scheme approved by the Revenue Commissioners by exercise of the powers conferred on them by subsection (2) of section 34 of this Act, in a case to which paragraph (vi) of that subsection applies.

• (2) Where, under a retirement benefits scheme in relation to which this section applies, any benefit is provided, otherwise than by way of non-commutable pension or annuity, on the death during his service of a director or employee and the total value of all benefits so provided under that scheme and under all other schemes exempt from the operation of section 32 of this Act, subsisting in connection with the body corporate, exceeds the amount which would have satisfied the condition specified in paragraph (i) of subsection (1) of section 34 of this Act, Rule 21 of the General Rules shall apply to any payment made in respect, or on account, of such excess as if the payment were a payment of interest charged to tax under Schedule D not payable out of profits or gains brought into charge to tax, and tax shall accordingly be deducted by and recoverable from the person by or through whom the payment is made.

• (3) Nothing in this section shall cause any such excess as is referred to in subsection (2) of this section to be treated, for any purpose of the Income Tax Acts, as income either of the legal personal representative of the deceased director or employee or of any other person.

• (4) Where the aggregate value of all benefits provided on or in connection with the death during his service of a director or employee under all retirement benefits schemes subsisting in connection with the body corporate does not exceed £3,000 this section shall not taken effect in relation to such director or employee.

38 Allowance of contributions as deductions, etc.

38.—(1) Where, under the terms of a retirement benefits scheme approved by the Revenue Commissioners under section 34 of this Act, a director or employee contributes towards the cost of providing the benefits afforded by the scheme, any amount so contributed by the director or employee shall, for the purpose of assessment under Schedule E, be allowed as a deduction from the remuneration from his office or employment and such deduction shall be made in accordance with subsection (3) of section 17 of the Finance Act, 1929 (No. 32 of 1929), but

• (a) the amount (hereafter in this paragraph referred to as the said amount), otherwise allowable under this subsection for any year of assessment, of any deduction or deductions shall, where necessary, be reduced (including reduced to nil) so that the total amount of the said amount and of the deduction, if any, allowable for the same year of assessment under subsection (1) of section 32 of the Finance Act, 1921, in respect of contributions made to a superannuation fund relating to the same office or employment, shall not exceed 15 per cent. of the remuneration from the office or employment concerned for the year, or the portion of a year, for which the relevant contributions were made, and

• (b) no deduction shall be allowable in respect of a contribution which is repaid before the end of the year of assessment in which it is made.

• (2) Where any contributions made by a director or employee under an approved scheme within the meaning of subsection (1) of this section are repaid to him during his lifetime—

• (a) Rule 21 of the General Rules shall apply to the amount of the contributions repaid as if it were a payment of interest charged to tax under Schedule D not payable out of profits or gains brought into charge to tax, and tax shall accordingly be deducted by and recovered from the person by or through whom the repayment is made,

• (b) for the purposes of income tax (excluding sur-tax) the amount of the contributions repaid shall not be regarded as income of the director or employee but, on making a claim in that behalf, he shall be entitled to be repaid so much of the tax deducted under paragraph (a) of this subsection as is in excess of a sum equal to tax on the amount of the contributions repaid, exclusive of any contributions or portions of contributions which were not allowable as deductions under subsection (1) of this section, at a rate ascertained by dividing the total of the additional amounts of income tax which would have been payable by him for the six years of assessment preceding that in which the contributions were repaid if no deduction had been allowed under the said subsection (1) by reference to the payment of those contributions, by the total of the deductions which were actually so allowed for those years, and

• (c) for the purposes of sur-tax, the contributions repaid shall, to the extent to which they were allowed as deductions under subsection (1) of this section, be treated as income of the several years of assessment for which they were so allowed and any necessary additional assessments to sur-tax may be made accordingly.

• (3) Paragraph (b) of the proviso to subsection (1) of section 32 of the Finance Act, 1921, shall cease to have effect and no relief under section 32 of the Income Tax Act, 1918, shall be allowed for any year of assessment in respect of a payment if, for that year, a deduction—

• (a) is allowable under section 32 of the Finance Act, 1921. consequent upon paragraph (b) of the proviso to subsection (1) of that section having ceased to have effect, or

• (b) is allowable under subsection (1) of this section,

in respect of that payment or in respect of a similar payment made in the year preceding the year of assessment.

39 Delivery of particulars of retirement benefits schemes, etc.

39.—(1) It shall be the duty of a body corporate—

• (a) to deliver to the inspector of taxes within the time specified in this subsection, particulars of any retirement benefits scheme subsisting in connection with the body corporate on the commencement of this Part of this Act, or coming into being after such commencement, other than a scheme operated through a fund approved by the Revenue Commissioners under section 32 of the Finance Act, 1921, or a statutory superannuation scheme, and

• (b) when required so to do by notice given by the inspector of taxes, to furnish within the time limited by the notice such further particulars as he may reasonably require with regard to any retirement benefits scheme subsisting in connection with the body corporate or to the persons to whom it relates.

The time for delivery of particulars under paragraph (a) of this subsection shall be—

• (i) in the case of a scheme that came into being before the commencement of this Act, six months beginning with such commencement, and

• (ii) in the case of a scheme coming into being after such commencement, three months beginning with the date of its coming into being.

• (2) Where a retirement benefits scheme is for the time being approved for the purposes of this Part of this Act, it shall be the duty of the person having the management of the scheme, when required so to do by notice given by the inspector of taxes, to furnish within the time limited by the notice such particulars relating to the carrying out of the scheme as the inspector may reasonably require, including (in particular and without prejudice to the generality of the foregoing)—

• (a) particulars of payments made to provide benefits under the scheme,

• (b) particulars of payments made in respect of or on account of benefits under the scheme and of persons to whom such payments were made, and

• (c) particulars of contributions refunded under the scheme and of any interest paid on such contributions.

• (3)
• (a) Subsections (1) and (3) of section 107 of the Income Tax Act, 1918, shall apply in relation to particulars required by or under this section as they apply in relation to a list, declaration or statement required by notice referred to in the said subsection (1).

• (b) In a case in which the said subsection (1) applies by virtue of the foregoing paragraph, the reference therein to the time limited in a notice shall be construed, where particulars are required to be delivered by paragraph (a) of subsection (1) of this section, as a reference to the time specified in that subsection.

• (4) Where a body corporate deducts from the emoluments which it pays to any of its directors or employees, or pays on his behalf, any contributions of that director or employee under an approved retirement benefits scheme, particulars of the deduction or payment shall be included in the appropriate return of wages and salaries required to be furnished under section 105 of the Income Tax Act, 1918.

PART VI. Retirement Annuities: Income Tax and Sur-Tax.

40 Retirement annuities (relief for premiums, and earned income relief).

40.—(1) Where, in the year beginning on the 6th day of April, 1958, or in any subsequent year of assessment, an individual—

• (a) is (or would but for an insufficiency of profits or gains be) chargeable to tax in respect of relevant earnings from any trade, profession, vocation, office or employment carried on or held by him, and

• (b) pays a premium or other consideration under an annuity contract for the time being approved by the Revenue Commissioners as being a contract the main benefit secured by which is a life annuity for the individual in his old age (hereafter in this Part of this Act referred to as a qualifying premium),

relief from tax may be given in respect of the qualifying premium under section 41 of this Act, and any annuity payable to the same or another individual shall be treated as earned income of the annuitant to the extent to which it is payable in return for any amount on which relief is so given.

• (2) Subject to subsection (3) of this section, the Revenue Commissioners shall not approve a contract unless it appears to them to satisfy the conditions that it is made by the individual with a person lawfully carrying on in the State the business of granting annuities on human life, and that it does not—

• (a) provide for the payment by that person during the life of the individual of any sum except sums payable by way of annuity to the individual,

• (b) provide for the annuity payable to the individual to commence before he attains the age of sixty or after he attains the age of seventy,

• (c) provide for the payment by that person of any other sums except sums payable by way of annuity to the individual's widow or widower and any sums which, in the event of no annuity becoming payable either to the individual or to a widow or widower, are payable to the individual's personal representatives by way of return of premiums, by way of reasonable interest on premiums or by way of bonuses out of profits,

• (d) provide for the annuity, if any, payable to a widow or widower of the individual to be of a greater annual amount than that paid or payable to the individual, or

• (e) provide for the payment of any annuity otherwise than for the life of the annuitant,

and that it does include provision securing that no annuity payable under it shall be capable in whole or in part of surrender, commutation or assignment.

• (3) The Revenue Commissioners may, if they think fit, and subject to any conditions they think proper to impose, approve a contract otherwise satisfying the foregoing conditions, notwithstanding that the contract provides for one or more of the following matters:

• (a) for the payment after the individual's death of an annuity to a dependant not the widow or widower of the individual;

• (b) for the payment to the individual of an annuity commencing before he attains the age of sixty, if the annuity is payable on his becoming permanently incapable through infirmity of mind or body of carrying on his own occupation or any occupation of a similar nature for which he is trained or fitted;

• (c) if the individual's occupation is one in which persons customarily retire before attaining the age of sixty, for the annuity to commence before he attains that age (but not before he attains the age of fifty);

• (d) for the annuity payable to any person to continue for a term certain (not exceeding ten years), notwithstanding his death within that term, or for the annuity payable to any person to terminate, or be suspended, on marriage (or remarriage) or in other circumstances;

• (e) in the case of an annuity which is to continue for a term certain, for the annuity to be assignable by will, and in the event of any person dying entitled to it, for it to be assignable by his personal representatives in the distribution of the estate so as to give effect to a testamentary disposition, or to the rights of those entitled on intestacy or to an appropriation of it to a legacy or to a share or interest in the estate.

• (4) So much of subsection (1) of this section as provides that an annuity shall be treated, in whole or in part, as earned income of the annuitant shall apply only in relation to the annuitant to whom the annuity is made payable by the terms of the contract.

• (5) The foregoing provisions of this section shall apply in relation to a contribution under a trust scheme approved by the Revenue Commissioners as they apply in relation to a premium under an annuity contract so approved, with the modification that, for the condition as to the person with whom the contract is made, there shall be substituted a condition that the scheme—

• (a) is established under the law of, and administered in, the State,

• (b) is established for the benefit of individuals engaged in or connected with a particular occupation (or one or other of a group of occupations), and for the purpose of providing retirement annuities for them, with or without subsidiary benefits for their families or dependants, and

• (c) is so established under irrevocable trusts by a body of persons comprising or representing the majority of the individuals so engaged in the State,

and with the necessary adaptations of other references to the contract or the person with whom it is made; and exemption from income tax shall be allowed in respect of income derived from investments or deposits of any fund maintained for the purpose aforesaid under a scheme for the time being approved under this subsection.

• (6) The Revenue Commissioners may at any time, by notice in writing given to the persons by and to whom premiums are payable under any contract for the time being approved under this section or to the trustees or other persons having the management of any scheme so approved, withdraw that approval on such grounds and from such date (including a date before the date of the notice) as may be specified in the notice and where any approval is withdrawn under this section, such assessments as may be appropriate for the purpose of withdrawing any reliefs given under this Part of this Act consequent upon the approval shall thereupon be made.

• (7) For the purposes of this Part of this Act, a married woman's relevant earnings shall not be treated as her husband's relevant earnings, notwithstanding that her income chargeable to tax is treated as his income.

• (8) Subject to subsection (7) of this section, “relevant earnings” in relation to any individual means, for the purposes of this Part of this Act, any income of his chargeable to tax for the year of assessment in question, being either—

• (a) income arising in respect of remuneration from an office or employment of profit held by him other than a pensionable office or employment,

• (b) income from any property which is attached to or forms part of the emoluments of any such office or employment of profit held by him, or

• (c) income which is chargeable under Schedule B or Schedule D and is immediately derived by him from the carrying on or exercise by him of his trade, profession or vocation either as an individual or, in the case of a partnership, as a partner personally acting therein,

but does not include any remuneration from an investment company of which he is—

• (i) a proprietary director as defined in section 31 of this Act, or

• (ii) a proprietary employee as defined in that section.

In this subsection “investment company” means a company the income whereof consists mainly of investment income, and “investment income” means, in relation to a company, income which, if the company were an individual, would not be earned income.

• (9) For the purposes of this Part of this Act, an office or employment is a pensionable office or employment if, and only if, service in it is service to which a sponsored superannuation scheme relates (not being a scheme under which the benefits provided in respect of that service are limited to a lump sum payable on the termination of the service through death before the age of seventy or some lower age or disability before the age of seventy or some lower age); but references to a pensionable office or employment apply whether or not the duties are performed wholly or partly in the State or the holder is chargeable to tax in respect of it.

Service in an office or employment shall not for the purposes of this definition be treated as service to which a sponsored superannuation scheme relates by reason only of the fact that the holder of the office or employment might (though he does not) participate in the scheme by exercising or refraining from exercising an option open to him by virtue of that service.

• (10) In subsection (9) of this section and in the First Schedule to this Act “sponsored superannuation scheme” means a scheme or arrangement relating to service in particular offices or employments and having for its object or one of its objects to make provision in respect of persons serving therein against future retirement or partial retirement, against future termination of service through death or disability, or against similar matters, being a scheme or arrangement under which any part of the cost of the provision so made is or has been borne otherwise than by those persons by reason of their service (whether it is the cost or part of the cost of the benefits provided, or of paying premiums or other sums in order to provide those benefits, or of administering or instituting the scheme or arrangement); but for this purpose a person shall be treated as bearing by reason of his service the cost of any payment made or agreed to be made in respect of his service, if that payment or the agreement to make it is treated under the Income Tax Acts as increasing his income or would be so treated if he were chargeable to tax under Schedule E in respect of his emoluments from that service.

• (11) Nothing in sections 4 and 6 of the Policies of Assurance Act, 1867, shall be taken to apply to any contract approved under this section.

41 Nature and amount of relief for qualifying premiums.

41.—(1) Where relief is to be given under this section in respect of any qualifying premium paid by an individual, the amount of that premium shall be deducted from or set off against his relevant earnings for the year of assessment in which the premium is paid:

Provided that the amount which may be deducted or set off in any year of assessment (whether in respect of one or more qualifying premiums) shall not be more than the sum of five hundred pounds, nor more than one-tenth of his net relevant earnings for that year, and where the condition in paragraph (a) of subsection (1) of section 40 of this Act is satisfied as respects part only of that year, then, for the said sum of five hundred pounds, there shall be substituted the sum which bears to it the same proportion as that part bears to the whole year (but so that in the case of individuals holding a pensionable office or employment, and of individuals born in or before the year 1917, this proviso shall have effect subject to the provisions of the First Schedule to this Act).

• (2) If in any year of assessment a reduction or a greater reduction would be made under this section in the relevant earnings of an individual but for an insufficiency of net relevant earnings, the amount of the reduction which would be made but for that insufficiency, less the amount of any reduction which is made in that year, shall be carried forward to the next following year, and shall be treated for the purposes of relief under this section as the amount of a qualifying premium paid in that following year, and so on for succeeding years (if necessary).

• (3) For the purposes of relief under this section, an individual's relevant earnings are those earnings before giving effect to any deduction falling to be made therefrom in respect of a loss or in respect of any allowance under Rule 6 of the Rules applicable to Cases I and II of Schedule D, subsection (3) of section 5 or section 6 of the Finance Act, 1946 (No. 15 of 1946), Part V of the Finance Act, 1956 (No. 22 of 1956), Part IV of the Finance (Miscellaneous Provisions) Act, 1956 (No. 47 of 1956), or Part V of the Finance Act, 1957 (No. 20 of 1957), and references to income in the following provisions of this section (other than references to total income) shall be construed similarly.

• (4) Subject to the following provisions of this section, “net relevant earnings” means, in relation to any individual, the amount of his relevant earnings for the year of assessment in question, less the amount of any deductions falling to be made from the relevant earnings in computing his total income for that year being either—

• (a) deductions in respect of payments made by him, or

• (b) deductions in respect of losses or of such allowances as are mentioned in subsection (3) of this section, being losses or allowances arising from activities, profits or gains of which would be included in computing relevant earnings of the individual or of the individual's wife or husband for the year beginning on the 6th day of April, 1958, or a later year of assessment.

• (5) Where, in any year of assessment for which an individual claims and is allowed relief under this section, there falls to be made in computing the total income of the individual or that of the individual's wife or husband a deduction in respect of any such loss or allowance of the individual as is referred to in paragraph (b) of subsection (4) of this section, and the deduction or part of it falls to be so made from income other than relevant earnings, the amount of the deduction made from that other income shall be treated as reducing the individual's net relevant earnings for subsequent years of assessment (being deducted as far as may be from those of the immediately following year, whether or not he claims or is entitled to claim relief under this section for that year, and so far as it cannot be so deducted, then from those of the next year, and so on).

• (6) Where an individual's income for any year of assessment consists partly of relevant earnings, and partly of other income, then, as far as may be, any deductions which fall to be made in computing his total income, and which may be treated in whole or in part either as made from relevant earnings or as made from other income, shall be treated for the purposes of this section as being made from those relevant earnings in so far as they are deductions in respect of any such loss as is referred to in paragraph (b) of subsection (4) of this section and otherwise as being made from that other income.

• (7) An individual's net relevant earnings for any year of assessment are to be computed without regard to any relief which falls to be given for that year under this section either to the individual or to the individual's wife or husband.

• (8) An individual's relevant earnings, in the case of partnership profits, shall be taken to be his share, computed in accordance with the Income Tax Acts, of the partnership income, but the amount to be included in respect of those earnings in arriving at his net relevant earnings shall be his share of that income after making therefrom all such deductions (if any) in respect of payments made by the partnership or in respect of any such allowance as is mentioned in subsection (3) of this section falling to be made to the partnership for the year commencing on the 6th day of April, 1958, or a later year of assessment, as would be made therefrom, if the partnership were an individual, in computing the net relevant earnings of that individual.

• (9) Where relief under this section for any year of assessment is claimed and allowed (whether or not relief then falls to be given for that year), and afterwards there is made any additional assessment, alteration of an assessment, or other adjustment of the claimant's liability to tax, there shall be made also such adjustments, if any, as are consequential thereon in the relief allowed or given under this section for that or any subsequent year of assessment.

• (10) Where relief under this section is claimed and allowed for any year of assessment in respect of any payment, relief shall not be given in respect of it under any other provision of the Income Tax Acts for the same or a later year of assessment nor (in the case of a payment under an annuity contract) in respect of any other premium or consideration for an annuity under the same contract; and references in the Income Tax Acts to relief in respect of life assurance premiums shall not be taken to include relief under this section.

• (11) In this section “total income” means total income from all sources as estimated in accordance with the provisions of the Income Tax Acts.

42 Taxation of assurance companies doing annuity business.

42.— (1) Where an assurance company carries on pension annuity business—

• (a) exemption from income tax shall be allowed in respect of income from investments and deposits of so much of the company's annuity fund as is referable to that business, and

• (b) the company shall not be entitled to treat as paid out of profits or gains brought into charge to tax any part so referable of the annuities paid by the company.

• (2) Except in the case of an assurance company charged to tax in accordance with the provisions applicable to Case I of Schedule D in respect of the profits of its life assurance business or in respect of (where the company has made an election under subsection (3) of section 3 of the Finance Act, 1947 (No. 15 of 1947)) the profits of its ordinary life assurance business, profits arising to an assurance company from pension annuity business, or from general annuity business, shall be treated as annual profits or gains within Schedule D, and be chargeable under Case VI of that Schedule, and for that purpose—

• (a) the business of each such class shall be treated separately, and

• (b) subject to the foregoing paragraph, the profits therefrom shall be computed in accordance with the provisions applicable to Case I of Schedule D (and without regard to the provisions of Rule 2 of the Rules applicable to Case VI of Schedule D as to the period to be taken in computing profits for the purposes of the said Case VI):

Provided that in making any such computation—

• (i) the provisions of subsection (1) of section 3 of the Finance Act, 1947, shall apply with the necessary modifications and, in particular, with the omission therefrom of all references to policy-holders,

• (ii) no deduction shall be allowed in respect of any expense being an expense of management referred to in section 33 of the Income Tax Act, 1918, and

• (iii) there may be set off against the profits any loss, to be computed on the same basis as the profits, which has been sustained in annuity business of the same class in any previous year for which this section was in operation; but no such loss shall be taken into account more than once for the purposes of this paragraph.

• (3) Where income from the investments of the foreign life assurance fund of an assurance company having its head office in the State has been relieved from tax under Rule (2) of the Rules contained in Part II of the First Schedule to the Finance Act, 1929 (No. 32 of 1929), a corresponding reduction shall be made in any amount on which the company is chargeable to tax by virtue of subsection (2) of this section in like manner as a corresponding reduction is made under subsection (5) of section 33 of the Income Tax Act, 1918, in the relief granted to the company in respect of expenses of management.

• (4) Where an assurance company not having its head office in the State carries on life assurance business through any branch or agency in the State, then, any charge to tax under subsection (2) of this section for any year of assessment on the profits arising to the company from pension annuity business, or from general annuity business,—

• (a) shall be made on an amount bearing to the total amount of those profits, wherever arising, the same proportion as, under Rule 3 of the Rules applicable to Case III of Schedule D, the part of the income of the company's life assurance fund charged to tax under the said Case III bears in that year to the total amount of that income, and

• (b) shall not be treated as a charge to tax in respect of life assurance business for the purposes of paragraph (4) of the said Rule 3.

• (5) The exemption from tax conferred by subsection (1) of this section shall not exclude any sums from being taken into account as receipts in computing profits or gains or losses for any purpose of the Income Tax Acts; and an assurance company shall not, by virtue of subsection (2) of this section, be entitled to any relief under section 2 of the Finance Act, 1945 (No. 20 of 1945), in respect of losses on its pension annuity business or on its general annuity business.

• (6) For the purposes of this section “general annuity business” means any annuity business which is not pension annuity business, and any division to be made between the two classes of business shall be made on the principle of referring to pension annuity business any premiums falling within subsection (7) of this section, together with the part resulting therefrom of the company's annuity fund and liability for annuities, and of dealing with other incomings and outgoings accordingly:

Provided that a division as at the commencement of the year beginning on the 6th day of April, 1958, or any earlier time may be made by apportionment according to the company's liability at that time on contracts then falling within paragraph (b) of subsection (7) of this section and on other annuity contracts.

• (7) The premiums to be referred to pension annuity business are those payable under contracts falling (at the time when the premium is payable) within one or other of the following descriptions:

• (a) any contract with an individual who is, or would but for an insufficiency of profits or gains be, chargeable to tax in respect of relevant earnings (as defined in section 40 of this Act) from a trade, profession, vocation, office or employment carried on or held by him, being a contract approved by the Revenue Commissioners under that section; and

• (b) any contract with the trustees or other persons having the management of a superannuation fund within the meaning of section 32 of the Finance Act, 1921, or of a scheme approved under section 40 of this Act, being a contract which—

• (i) was entered into for the purposes only of that fund or scheme or, in the case of a fund part only of which is approved under the said section 32, then for the purposes only of that part of that fund, and

• (ii) (in the case of a contract entered into or varied after the coming into force of this section) is so framed that the liabilities undertaken by the assurance company under the contract correspond with liabilities against which the contract is intended to secure the fund (or the relevant part of it) or scheme.

• (8) This section shall be construed in accordance with section 237 of the Income Tax Act, 1918; and for the purposes of this section “annuity business” means the business of granting annuities on human life and “premium” includes any consideration for an annuity.

• (9) The following transitional provisions shall have effect for the purposes of subsection (2) of this section:

• (a) where tax for any year of assessment is chargeable on the amount of the profits for a year falling wholly or partly before the 6th day of April, 1958, that amount shall be computed as if subsections (1) and (5) of this section had had effect for the whole of that year; and

• (b) where, in arriving at the amount on which tax is chargeable for any year of assessment, it is necessary to divide and apportion profits or gains or losses for a period for which accounts have been made up and which falls wholly or partly before the 6th day of April, 1958, the profits or gains or losses for such period shall be computed as if subsections (1) and (5) of this section had had effect for the whole of the period.

43 Supplementary provisions for Part VI.

43.—(1) Relief shall not be given under section 41 of this Act in respect of a qualifying premium except on a claim made to and allowed by the inspector of taxes, but any person aggrieved by any decision of the inspector of taxes on any such claim may, on giving notice in writing to the said inspector within twenty-one days after the notification to him of the decision, appeal to the Special Commissioners.

• (2) The Special Commissioners shall hear and determine an appeal to them under subsection (1) of this section as if it were an appeal to them against an assessment to income tax and the provisions of the Income Tax Acts relating to the re-hearing of an appeal or the statement of a case for the opinion of the High Court on a point of law, shall, with the necessary modifications, apply accordingly.

• (3) The Revenue Commissioners may make regulations prescribing the procedure to be adopted in giving effect to this Part of this Act in so far as such procedure is not otherwise provided for and, without prejudice to the generality of the foregoing provision, may by such regulations—

• (a) prescribe the manner and form in which claims for relief from or repayment of tax are to be made,

• (b) prescribe the time limit for the making of any such claim as aforesaid,

• (c) require the trustees or other persons having the management of an approved trust scheme to deliver from time to time such information and particulars as the Revenue Commissioners may reasonably require for the purposes of this Part of this Act, and

• (d) apply for purposes of this Part of this Act or of the regulations any provision of the Income Tax Acts (with or without modifications).

• (4) If any person, for the purpose of obtaining for himself or any other person any relief from or repayment of tax under this Part of this Act, knowingly makes any false statement or false representation, he shall be liable to a penalty of five hundred pounds.

PART VII. Relief From Double Taxation: Income Tax, Sur-Tax, Corporation Profits Tax and Death Duties.

44 Agreements for relief from double taxation of income.

44.—(1) If the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation in respect of income tax, sur-tax or corporation profits tax and any taxes of a similar character, imposed by the laws of the State or by the laws of that territory, and that it is expedient that those arrangements should have the force of law, then, subject to the provisions of this Part of this Act, the arrangements shall, notwithstanding anything in any enactment, have the force of law.

• (2) The provisions of the Second Schedule to this Act—

• (a) shall have effect where arrangements which have the force of law by virtue of this section provide that tax payable under the laws of the territory concerned shall be allowed as a credit against tax payable in the State,

• (b) in relation to the convention between the Government and the Government of the United States of America which was given the force of law by section 12 of the Finance Act, 1950 (No. 18 of 1950), shall be substituted for the provisions contained in Part II of the Second Schedule to that Act, and

• (c) in relation to the agreement between the Government and the Government of Canada which was given the force of law by section 14 of the Finance Act, 1955 (No. 13 of 1955), be substituted for the provisions contained in Part II of the Second Schedule to that Act.

• (3) Any arrangements to which the force of law is given under this section may include provision for relief from tax for periods before the passing of this Act or before the making of the arrangements and provisions as to income which is not itself subject to double taxation, and the preceding provisions of this section shall have effect accordingly.

• (4) In subsection (4) of section 13 of the Finance Act, 1950, references to a dividend paid before the passing of that Act shall include references to a dividend paid before the making by the Government of an order to which subsection (1) of this section relates, and the said subsection (4) shall be construed accordingly.

• (5) For the purposes of subsection (1) of this section, arrangements made with the head of a foreign state shall be regarded as made with the government thereof.

45 Apportionments.

45.—The necessary apportionments as respects corporation profits tax shall be made where arrangements having the force of law by virtue of section 44 of this Act apply to the unexpired portion of an accounting period current at a date specified by the arrangements, and any such apportionment shall be made in proportion to the number of months or fractions of months in the part of the relevant accounting period before the said date and in the remaining part thereof respectively.

46 Agreements for relief from double death duties.

46.—(1) If the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation in respect of estate duty payable under the laws of the State and any duty of a similar character imposed under the laws of the State or under the laws of that territory, and that it is expedient that those arrangements should have the force of law, the arrangements shall, notwithstanding anything in any enactment, have the force of law.

• (2) Where arrangements have the force of law by virtue of this section—

• (a) subsection (4) of section 7 of the Finance Act, 1894, shall not have effect in relation to duty to which the arrangements apply chargeable under the laws of the territory concerned, and

• (b) if the territory concerned is one to which section 20 of the Finance Act, 1894, applies, no allowance shall be made under that section in respect of duty to which the arrangements apply chargeable under the laws of that territory.

• (3) Any arrangements to which the force of law is given under this section may include provision for relief from duty in the case of deaths occurring before the passing of this Act or before the making of the arrangements and provisions as to property which is not itself subject to double duty, and the provisions of this section shall have effect accordingly.

• (4) For the purposes of subsection (1) of this section, arrangements made with the head of a foreign state shall be regarded as made with the government thereof.

47 Regulations.

47.—The Revenue Commissioners may from time to time make regulations generally for carrying out the provisions of this Part of this Act or any arrangements having the force of law thereunder and may, in particular, but without prejudice to the generality of the foregoing, by those regulations provide—

• (a) for securing that relief from taxation imposed by the laws of the territory to which any such arrangements relate does not enure to the benefit of persons not entitled thereto, and

• (b) for authorising, in cases where tax deductible from any periodical payment has, in order to comply with any such arrangements, not been deducted and it is discovered that the arrangements do not apply to that payment, the recovery of the tax by assessment on the person entitled to the payment or by deduction from subsequent payments.

48 Disclosure of information.

48.—Where any arrangements have the force of law by virtue of this Part of this Act, the obligation as to secrecy imposed by any enactment shall not prevent the Revenue Commissioners or any authorised officer of the Revenue Commissioners from disclosing to any authorised officer of the government with which the arrangements are made such information as is required to be disclosed under the arrangements.

49 Supplementary.

49.— (1) Any order made under this Part of this Act may be revoked by a subsequent order and any such revoking order may contain such transitional provisions as appear to the Government to be necessary or expedient.

• (2) Where an order is proposed to be made under this Part of this Act, a draft thereof shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann.

50 Amendment of section 15 of Finance Act, 1951

50.—For the purposes of section 15 of the Finance Act, 1951 (No. 15 of 1951), an arrangement made with the head of a foreign state shall be regarded as made with the government thereof.

PART VIII. Purchases of Shares by Financial Concerns and Persons Exempted from tax and Restriction on Relief for Losses by Repayment of tax in Case of Dividends Paid out of Accumulated Profits: Income tax, Sur-tax and Corporation Profits Tax.

51 Purchases of shares by financial concerns and persons exempted from tax.

51.—(1) Where, on or after the 19th day of June, 1958, a person engaged in carrying on a trade which consists of or comprises dealings in shares or other investments becomes entitled to receive a dividend on a holding of shares of a class to which this section applies, being shares sold or issued to him or otherwise acquired by him on or after the operative date and not more than six years before the date on which the dividend becomes payable, and the dividend is to any extent paid out of profits accumulated before the date on which the shares were so acquired, then, if those shares, or those shares together with—

• (a) any other shares the dividend on which is payable to that person and which were sold or issued to him or otherwise acquired by him on or after the operative date and not more than six years before the date on which the dividend becomes payable, and

• (b) in a case where the trade is under the same control as another trade which consists of or comprises dealings in shares or other investments, any shares the dividend on which is payable to the person engaged in carrying on that other trade and which were sold or issued to him or otherwise acquired by him on or after the operative date and not more than six years before the date on which the dividend becomes payable, and

• (c) any such shares as are to be brought into account under subsection (3) of this section,

amount to ten per cent. or more of the issued shares of that class, the net amount of the dividend received on the shares in the holding shall, to the said extent to which it was paid out of profits accumulated before the shares were acquired, be brought into account in computing for the purposes of the Income Tax Acts the profits or gains or losses of the trade as if it were a trading receipt which had not borne tax.

• (2) Where, on or after the 19th day of June, 1958, a person entitled under any enactment (including this Act) to an exemption from income tax which extends to dividends on shares becomes entitled to receive a dividend on a holding of shares of a class to which this section applies, being shares sold or issued to him or otherwise acquired by him on or after the operative date and not more than six years before the date on which the dividend becomes payable, and the dividend is to any extent paid out of profits accumulated before the date on which the shares were so acquired, then, if those shares, or those shares together with—

• (a) any other shares the dividend on which is payable to that person and which were sold or issued to him or otherwise acquired by him on or after the operative date and not more than six years before the date on which the dividend becomes payable, and

• (b) any such shares as are to be brought into account under subsection (3) of this section,

amount to ten per cent. or more of the issued shares of that class, the exemption shall, to an extent proportionate to the said extent to which the dividend is paid out of profits accumulated before the date on which the shares were acquired, not apply to the dividend:

Provided that if any annual payment is payable by that person out of the dividend, that annual payment shall be deemed as to the whole thereof to be paid out of profits or gains not brought into charge to tax and Rule 21 of the General Rules shall apply accordingly.

• (3) If two or more persons, being persons engaged in carrying on trades of the kind mentioned in subsection (1) of this section or entitled to an exemption of the kind mentioned in subsection (2) of this section, have each acquired shares in a company and the transactions in pursuance of which the acquisition was made were either transactions entered into by those persons acting in concert or transactions together comprised in any arrangements made by any person, then, in the application of either of those subsections in relation to a dividend payable to one of those persons on shares which include shares so acquired (or shares acquired in right of those shares), there shall be taken into account under paragraph (c) of subsection (1), or, as the case may be, paragraph (b) of subsection (2), any shares the dividend on which is payable to any other of those persons, being shares so acquired by that other person (or shares acquired in right of those shares).

• (4) Where any shares have been sold or otherwise disposed of by a person who held shares of that kind acquired at different times (whether or not including a time before the operative date), it shall be assumed for the purposes of this section that shares which have been held for a longer time have been disposed of before shares which have been held for a shorter time.

• (5) Where, at the time when a trade is, or is deemed to be, set up and commenced, any shares form part of the trading stock belonging to the trade, those shares shall be regarded for the purposes of this section as having been acquired at that time by the person then engaged in carrying on the trade; and, subject to the foregoing provisions of this subsection, where there is a change in the persons engaged in carrying on a trade which is not a change on which the trade is deemed to be discontinued, the provisions of this section shall apply in relation to the person so engaged after the change as if anything done to or by his predecessor had been done to or by him.

• (6) The provisions of the Third Schedule to this Act shall have effect for the purpose of ascertaining whether a dividend is to be regarded as paid to any extent out of profits accumulated before a given date.

• (7) For the purposes of this section and the Third Schedule to this Act—

• (a) “company” includes any body corporate, but does not extend to a company not resident in the State;

• (b) “person” includes any body of persons, and references to a person entitled to any exemption from income tax include, in a case of an exemption expressed to apply to income of a trust or fund, references to the persons entitled to make claims for the granting of that exemption;

• (c) “shares of a class to which this section applies” means shares of any class forming part of a company's share

capital other than a class of fully-paid preference shares carrying only a right to dividends at a rate per cent, of the nominal value of the shares which is fixed or fluctuates only in accordance with the rate of income tax and which in the opinion of the Special Commissioners does not substantially exceed the yield generally obtainable on preference shares the prices of which are quoted on stock exchanges in the State;

• (d) “share” includes stock other than debenture or loan stock;

• (e) shares shall be regarded as of different classes if the rights and obligations respectively attached to them are as regards the payment of dividends or the amount paid up or in any other respect distinguishable;

• (f) any reference to shares acquired in right of other shares includes a reference to shares acquired in pursuance of an offer or invitation which was restricted to holders of those other shares;

• (g) two trades shall be regarded as under the same control if they are carried on by persons one of whom is a body of persons over whom the other has control (within the meaning assigned to that expression by subsection (8) of this section), or both of whom are bodies of persons under the control (as so defined) of a third person, and several trades shall be regarded as under the same control if each is under the same control as all of the others,

and in the last foregoing paragraph “body of persons” includes a partnership.

• (8) For the purposes of paragraph (g) of subsection (7) of this section, the following shall be taken to be the meaning assigned to “control” by this subsection:

“control”, in relation to a body corporate, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of the first-mentioned body corporate are conducted in accordance with the wishes of that person, and, in relation to a partnership, means the right to a share of more than one-half of the assets, or of more than one-half of the income, of the partnership.

52 Restriction on relief for losses by repayment of tax in case of dividends paid out of accumulated profits.

52.—(1) Where a person carries on a trade other than such a trade as is mentioned in subsection (1) of section 51 of this Act, and his income for any year of assessment includes a dividend (being a dividend which, on or after the 19th day of June, 1958, he becomes entitled to receive) the net amount of which would, if the trade were such a trade as is mentioned in that subsection, be required to any extent to be brought into account as a trading receipt which has not borne tax, then, in ascertaining whether any or what repayment of tax is to be made to that person under section 34 of the Income Tax Act, 1918, by reference to any loss sustained in the trade and the aggregate amount of his income for the said year of assessment, there shall be left out of account—

• (a) the gross amount corresponding to so much of the said net amount as would have been required to be brought into account as aforesaid, and

• (b) any tax paid on the amount required to be left out of account under paragraph (a) of this subsection.

• (2) For the purposes of this section “person” includes any body of persons.

53 Operative date, effect and construction.

53.—(1) In this Part of this Act and the Third Schedule thereto “the operative date” means the 6th day of April, 1957.

• (2) This Part of this Act and the Third Schedule thereto shall have and be deemed to have effect as on and from the operative date and, for that purpose, shall be construed, where appropriate, as if this Act had been passed on the operative date.

• (3) This Part of this Act and the Third Schedule thereto shall, so far as they relate to income tax (including sur-tax), be construed together with the Income Tax Acts and shall, so far as they relate to corporation profits tax, be construed together with Part V of the Finance Act, 1920, and the enactments amending or extending that Part.

PART IX. Recovery of Taxes and Amendment of Finance (Miscellaneous Provisions) Act, 1956: Income tax, Sur-tax and Corporation Profits tax.

54 Proceedings in the High Court in respect of taxes.

54.—(1) Without prejudice to any other means by which payment of sums due in respect of income tax, sur-tax or corporation profits tax may be enforced, an officer of the Revenue Commissioners, authorised by them for the purposes of this subsection, may sue in his own name in the High Court for the recovery of any sum due in respect of any of those taxes, as a debt due to the Minister for Finance for the benefit of the Central Fund, from the person charged therewith or from his executors or administrators or from any person from whom the sum in question is collectable, whether the person so charged was so charged before or after the passing of this Act, and the proceedings may be commenced by summary summons.

• (2) If an officer who has commenced proceedings pursuant to this section, or who has continued the proceedings by virtue of this subsection, dies or otherwise ceases for any reason to be an officer authorised for the purposes of subsection (1) of this section—

• (a) the right of such officer to continue the proceedings shall cease and the right to continue them shall vest in such other officer so authorised as may be nominated by the Revenue Commissioners,

• (b) where such other officer is nominated under paragraph (a) of this subsection, he shall be entitled accordingly to be substituted as a party to the proceedings in the place of the first-mentioned officer, and

• (c) where an officer is so substituted, he shall give notice in writing of the substitution to the defendant.

• (3) In proceedings pursuant to this section, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that a person is an officer of the Revenue Commissioners and that he has been authorised by them for the purpose of subsection (1) of this section, shall be evidence until the contrary is proved of those facts.

• (4) In proceedings pursuant to this section, a certificate signed by a Revenue Commissioner certifying the following facts, namely, that the plaintiff has ceased to be an officer of the Revenue Commissioners authorised by them for the purposes of subsection (1) of this section, that another person is an officer of the Revenue Commissioners, that such other person has been authorised by them for the purposes of subsection (1) of this section and that he has been nominated by them, in relation to the proceedings, for the purposes of subsection (2) of this section, shall be evidence until the contrary is proved of those facts.

• (5) In proceedings pursuant to this section—

• (a) a certificate signed by an inspector of taxes certifying the fact that before the institution of the proceedings a stated sum for income tax became due and payable by the defendant under an assessment which had become final and conclusive, and

• (b) a certificate signed by a collector of income tax certifying the following facts, namely, that he is the collector duly authorised to collect the said stated sum, that before the institution of the proceedings payment of the said stated sum was duly demanded from the defendant and that the said stated sum or a stated part thereof remains due and payable by the defendant,

shall be evidence until the contrary is proved of those facts.

• (6) In proceedings pursuant to this section—

• (a) a certificate signed by the Clerk to the Special Commissioners certifying the following facts, namely, that before the institution of the proceedings a stated sum for sur-tax became due and payable by the defendant under an assessment which had become final and conclusive and that before the institution of the proceedings payment thereof was duly demanded from the defendant, and

• (b) a certificate signed by the Accountant-General of Revenue certifying the fact that the said stated sum or a stated part thereof remains due and payable by the defendant,

shall be evidence until the contrary is proved of those facts.

• (7) In proceedings pursuant to this section—

• (a) a certificate signed by an officer of the Revenue Commissioners certifying the following facts, namely, that before the institution of the proceedings a stated sum for corporation profits tax became due and payable by the defendant under an assessment which had become final and conclusive and that before the institution of the proceedings payment thereof was duly demanded from the defendant, and

• (b) a certificate signed by the Accountant-General of Revenue certifying the fact that the said stated sum or a stated part thereof remains due and payable by the defendant,

shall be evidence until the contrary is proved of those facts.

• (8)
• (a) Each of the following provisions of this section shall be a relevant provision of this section for the purposes of this subsection:

• (i) subsection (3),

• (ii) subsection (4),

• (iii) paragraph (a) of subsection (5),

• (iv) paragraph (b) of subsection (5),

• (v) paragraph (a) of subsection (6),

• (vi) paragraph (b) of subsection (6),

• (vii) paragraph (a) of subsection (7),