FINANCE ACT, 1969

Provided that no tobacco shall be deemed for the purposes of this subsection to have been fully prepared for sale by retail if, according to the ordinary course of business of the person in whose ownership or possession it was or to whom it was in transit, it had still to be subjected to some further process (other than packing) before being sold by him.

• (3) Every licensed manufacturer of tobacco shall not later than the 14th day of May, 1969, make a return to the Revenue Commissioners in a form approved by them giving such information as they may thereby require and, in particular, showing the quantities by weight of tobacco of every description in his ownership or possession at five o'clock in the afternoon of the 7th day of May, 1969, in any place in the State other than a bonded warehouse.

• (4) Every licensed manufacturer of tobacco shall—

• (a) produce, if so required, to any officer of Customs and Excise the trade books and all accounts and documents belonging to or in the possession of such manufacturer which are necessary for verifying the return made in pursuance of subsection (3) of this section, and

• (b) render all reasonable assistance to such officer in the taking of an account of the tobacco which was in the ownership or possession of such manufacturer at five o'clock in the afternoon of the 7th day of May, 1969.

• (5) Every licensed manufacturer of tobacco shall, immediately upon making the return required by subsection (3) of this section or on the 14th day of May, 1969, whichever is the earlier, pay to the Revenue Commissioners the full amount of the duty imposed by subsection (1) of this section on any tobacco which was in his ownership or possession at five o'clock in the afternoon of the 7th day of May, 1969, and was chargeable with the said duty, and the Revenue Commissioners may, if they think fit, defer the payment of the duty to a date not later than the 1st day of November, 1969, upon the manufacturer giving security by bond or otherwise to their satisfaction that such duty will be paid.

• (6) Every manufacturer required by subsection (3) of this section to make such return as is mentioned in that subsection who either fails to make such return or makes a return which is incomplete, false or misleading in any material respect or fails or refuses to do anything which he is required by subsection (4) of this section to do shall be guilty of an offence under the statutes relating to duties of excise and shall for every such offence incur an excise penalty of fifty pounds, and all tobacco in relation to which such offence was committed shall be forfeited.

• (7) Where drawback is payable in respect of tobacco on which the excise duty imposed by subsection (1) of this section has been paid, such drawback shall, to the extent of the duty paid in pursuance of the said subsection (1) as determined by the Revenue Commissioners, be a drawback of excise.

39 Wine.

39.—(1) Subject to subsections (2) and (3) of this section, there shall be charged, levied and paid, as on and from the 8th day of May, 1969, a duty of customs on all wine imported into the State at the several rates specified in Part I of the Third Schedule to this Act in lieu of the several rates specified in Parts I and II of the Third Schedule to the Finance Act, 1968.

• (2) The provisions of section 8 of the Finance Act, 1919, shall apply to the duty imposed by subsection (1) of this section—

• (a) with the substitution of “the area of application of the Acts of the Oireachtas” for “Great Britain and Ireland”, and

• (b) as though the references to wine, sparkling wine in bottle and still wine in bottle in the first column of the Second Schedule to that Act together with the corresponding rates in the second column thereof were deleted and there were substituted therefor, respectively, the descriptions of wine mentioned in Part I of the Third Schedule to this Act and the appropriate preferential rates specified in that Part.

• (3)
• (a) This subsection applies to still wine in bottle which at importation is shown to the satisfaction of the Revenue Commissioners to have been manufactured in and consigned from the United Kingdom.

• (b) The customs duty on wine imposed by subsection (1) of this section shall, as on and from the 8th day of May, 1969, and before the 1st day of July, 1969, be charged, levied and paid on wine to which this subsection applies at the several rates specified in column (2) of Part II of the Third Schedule to this Act in lieu of the several rates chargeable under subsection (1) of this section and shall, as on and from the 1st day of July, 1969, be charged, levied and paid on wine to which this subsection applies at the several rates specified in column (3) of Part II of the Third Schedule to this Act in lieu of the several rates specified in column (2) of the said Part II.

• (c) In this subsection the expression “the United Kingdom” means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.

• (4) Section 24 of the Finance Act, 1933, shall not apply or have effect in relation to the duty of customs imposed by this section.

• (5) The duty of excise on Irish wine imposed by section 15 of the Finance Act, 1966, shall, as on and from the 8th day of May, 1969, and before the 1st day of July, 1969, be charged, levied and paid at the several rates specified in Part III of the Third Schedule to this Act in lieu of the several rates specified in Part II of the Fourth Schedule to the Finance Act, 1968, and shall, as on and from the 1st day of July, 1969, be charged, levied and paid at the several rates specified in Part IV of the Third Schedule to this Act in lieu of the several rates specified in Part III thereof.

S.I. No. 155 of 1967.

40 Application of Customs Acts, etc., to hovercraft.

40.—(1) The provisions of the Customs Acts and instruments made thereunder and of the Statutes which relate to the duties of excise and instruments made thereunder shall, subject to any modifications made therein by regulations under subsection (2) of this section, apply to hovercraft as if references in those provisions to ships, boats and vessels included references to hovercraft.

• (2) The Minister for Finance may by regulations make such provision as appears to him to be requisite or expedient for all or any of the following purposes:—

• (a) modifying any of the provisions referred to in subsection (1) of this section in relation to hovercraft and to persons, goods, mails, stores and baggage carried therein, disembarked or unladen therefrom or embarked or laden thereon;

• (b) applying any of the provisions referred to in subsection (1) of this section, subject to such modifications as he considers appropriate and specifies in the regulations, in relation to hoverports.

• (3) In this section—

“hovercraft” means a vehicle which is designed to be supported when in motion on a cushion of air; and

“hoverport” means any place which is designed to be used for the arrival and departure of hovercraft.

41 Application of certain provisions to Irish wine.

41.—Section 95 of the Customs Consolidation Act, 1876, section 17 of the Customs and Inland Revenue Act, 1881, and section 28 of the Finance Act, 1929, shall apply in relation to Irish wine (within the meaning of section 15 of the Finance Act, 1966) as they apply in relation to wine imported into the State.

42 Duty on tobacco manufacturers' licences.

42.—On and after the 6th day of July, 1969, the excise duty chargeable on a licence to be taken out by a manufacturer of tobacco or snuff shall be charged, levied and paid at the rate of five pounds on every such licence in lieu of the rates chargeable by virtue of section 2 of the Excise Licences Act, 1825, and section 1 of the Excise Act, 1840.

43 Amendment of Finance (New Duties) Act, 1916.

43.—Section 6 (1) of the Finance (New Duties) Act, 1916, is hereby amended by the substitution of “two hundred pounds” for “fifty pounds”.

44 Amendment of Finance Act, 1932.

44.—Section 41 of the Finance Act, 1932, is hereby amended by the insertion of “flaked,” before “malted”.

PART IV Death Duties

45 Abatement of estate duty.

45.—(1) In this section—

“benefit” means all property and all interests in property passing or accruing to a dependant on the death of the deceased in respect of which estate duty is payable;

“child” means a child (including a child adopted under the provisions of the Adoption Acts, 1952 and 1964) of the deceased who was living at his death and who had not then attained the age of sixteen years or who was then receiving full time instruction at any university, college, school or other educational establishment;

“deceased” means a person dying domiciled in the State,

“dependant” means the widow or child;

“widow” except in subsection (4) of this section, means the widow of the deceased.

• (2) Where the widow is the only dependant entitled to a benefit on the death of the deceased, any estate duty payable in respect of such benefit shall be abated by the sum of £1,000 together with a sum of £500 in respect of each child.

• (3) Where there are two or more dependants one of whom is the widow and either a child is the only dependant entitled to a benefit on the death of the deceased or more than one dependant are entitled to benefits thereon—

• (a) any estate duty payable in respect of a child's benefit shall be abated by the sum of £500;

• (b) if the widow is entitled to a benefit, any estate duty payable in respect thereof shall be abated by the sum of £1,000 together with—

• (i) a sum of £500 for each child not entitled to a benefit or entitled only to a benefit not affected by a claim for estate duty, and

• (ii) for each child entitled to a benefit which is affected by a claim for duty to an extent less than £500, a sum equal to the difference between the amount by which the benefit is so affected and £500.

• (4) Where the deceased was, at death, a widower or widow, any estate duty payable in respect of a benefit shall be abated by the sum of £500.

• (5)
• (a) Subsections (2) to (4) of this section shall have effect subject to the proviso that—

• (i) in a case in which the amount of a benefit is not affected by a liability to estate duty arising in connection with the death of the deceased, no abatement shall be made under those subsections in respect of that benefit;

• (ii) in a case in which the amount of a benefit is affected by such a liability and the extent to which it is so affected is of an amount which is less than such abatement under those subsections in respect of the benefit as would be appropriate apart from this subparagraph, the abatement under those subsections in respect of the benefit shall be reduced to that amount.

• (b) This subsection shall not operate to reduce the amount by which the estate duty payable in respect of a widow's benefit is abated by reason of the fact that a child's benefit is either not affected by a claim for duty or is affected to an extent less than £500.

• (6) Subsections (2) to (5) of this section shall have effect subject to the proviso that they shall not apply where the net value of all property passing or deemed to pass on the death of the deceased in respect of which estate duty is payable exceeds £100,000.

• (7) In a case in which but for the fact that the estate exceeds £100,000 there would be an abatement of estate duty, this section shall apply with the limitation that the total abatement which would be appropriate apart from paragraph (b) of subsection (5) of this section if the estate did not exceed £100,000 shall be diminished by the amount by which the estate exceeds £100,000 and the said paragraph (b) shall have effect accordingly.

• (8) This section shall apply in relation to deaths occurring on or after the 1st day of March, 1968, and appropriate repayments shall be made accordingly.

46 Amendment of section 61 of Finance (1909–10) Act, 1910.

46.—(1) Section 61 (1) of the Finance (1909-10) Act, 1910, is hereby amended by the substitution of “£2,000” for “£1,000” (inserted by the Finance Act, 1951).

• (2) This section shall have effect only in relation to persons dying after the passing of this Act.

PART V Stamp Duties

47 Amendment of section 13 of Finance (No. 2) Act, 1947.

47.—(1) Section 13 of the Finance (No. 2) Act, 1947, is hereby amended as follows:

• (a) by the substitution for subsection (1) of the following subsection—

• “(1) The stamp duties chargeable on conveyances or transfers of lands, tenements and hereditaments under the heading ‘Conveyance or Transfer on sale of any property’ in the First Schedule to the Stamp Act, 1891, shall be at the following rates—

  • (i) one pound for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration where the amount or value of the consideration does not exceed six thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds six thousand pounds;

  • (ii) one pound ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration where the amount or value of the consideration exceeds six thousand pounds but does not exceed fifty thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds fifty thousand pounds;

  • (iii) in any other case, at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration.”

• (b) by the substitution for subsection (2) of the following subsection—

• “(2) Subsection (1) of this section shall not apply—

  • (a) where the amount or value of the consideration does not exceed five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds five hundred pounds, or

  • (b) where the amount or value of the consideration exceeds five hundred pounds but does not exceed two thousand five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions.”

• (c) by the substitution for subsection (3) of the following subsection—

• “(3) In such case as is mentioned in subsection (2) (b) of this section the duty chargeable shall be as follows:

Where the amount or value of the consideration for the sale—

Exceeds	£500	and does not exceed	£600	£4	0	0
”	£600	”	£700	£5	0	0
”	£700	”	£800	£6	0	0
”	£800	”	£900	£7	0	0
”	£900	”	£1,000	£8	0	0
”	£1,000	”	£1,100	£10	0	0
”	£1,100	”	£1,200	£12	10	0
”	£1,200	”	£1,300	£15	0	0
”	£1,300	”	£1,400	£17	10	0
”	£1,400	”	£1,500	£20	0	0
”	£1,500	”	£1,600	£22	10	0
”	£1,600	”	£1,700	£25	0	0
”	£1,700	”	£1,800	£27	10	0
”	£1,800	”	£1,900	£30	0	0
”	£1,900	”	£2,000	£33	0	0
”	£2,000	”	£2,100	£36	10	0
”	£2,100	”	£2,200	£40	0	0
”	£2,200	”	£2,300	£43	10	0
”	£2,300	”	£2,400	£47	0	0
”	£2,400	”	£2,500	£50	0	0

”.

• (2) In the case of any instrument executed but not stamped before the coiming into operation of this section the Revenue Commissioners may require to be furnished with such evidence as they may deem necessary, in order to show to their satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein.

• (3)
• (a) Subject to paragraph (c) of this subsection, this section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect in relation to any instrument executed before such coming into operation.

• (b) Appropriate repayments for the purposes of paragraph (a) of this subsection shall be made, provided that in each case the application for repayment is made within two years after the date of the instrument to which the repayment relates.

• (c) This section, in so far as it makes provision for the chargeof stamp duty at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration, shall come into operation on the 1st day of August, 1969, or the date of the passing of this Act, whichever is the later, and shall not have effect with respect to any instrument executed before such coming into operation.

48 Amendment of section 24 of Finance Act. 1949.

48.—(1) Section 24 of the Finance Act, 1949, is hereby amended as follows:

• (a) by the substitution for subsection (1) of the following subsection—

• “(1) The stamp duties chargeable under paragraph (3) of the heading ‘Lease or Tack’ in the First Schedule to the Stamp Act, 1891, in respect of any consideration which consists of any money, stock or security (other than rent) for a lease shall be at the following rates—

  • (i) one pound for every fifty pounds or fractional part of fifty pounds of the consideration where the consideration does not exceed six thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds six thousand pounds;

  • (ii) one pound ten shillings for every fifty pounds or fractional part of fifty pounds of the consideration where the consideration exceeds six thousand pounds but does not exceed fifty thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds fifty thousand pounds;

  • (iii) in any other case, at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the consideration.”

• (b) by the substitution for the table set out in subsection (3) of the following table—

“Exceeds	£500	and does not exceed	£600	£4	0	0
”	£600	”	£700	£5	0	0
”	£700	”	£800	£6	0	0
”	£800	”	£900	£7	0	0
”	£900	”	£1,000	£8	0	0
”	£1,000	”	£1,100	£10	0	0
”	£1,100	”	£1,200	£12	10	0
”	£1,200	”	£1,300	£15	0	0
”	£1,300	”	£1,400	£17	10	0
”	£1,400	”	£1,500	£20	0	0
”	£1,500	”	£1,600	£22	10	0
”	£1,600	”	£1,700	£25	0	0
”	£1,700	”	£1,800	£27	10	0
”	£1,800	”	£1,900	£30	0	0
”	£1,900	”	£2,000	£33	0	0
”	£2,000	”	£2,100	£36	10	0
”	£2,100	”	£2,200	£40	0	0
”	£2,200	”	£2,300	£43	10	0
”	£2,300	”	£2,400	£47	0	0
”	£2,400	”	£2,500	£50	0	0

.”

• (2) In the case of any instrument executed but not stamped before the coming into operation of this section the Revenue Commissioners may require to be furnished with such evidence as they may deem necessary, in order to show to their satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein.

• (3)
• (a) Subject to paragraph (c) of this subsection, this section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect in relation to any instrument executed before such coming into operation.

• (b) Appropriate repayments for the purposes of paragraph (a) of this subsection shall be made, provided that in each case the application for repayment is made within two years after the date of the instrument to which the repayment relates.

• (c) This section, in so far as it makes provision for the charge of stamp duty at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration, shall come into operation on the 1st day of August, 1969, or the date of the passing of this Act, whichever is the later, and shall not have effect with respect to any instrument executed before such coming into operation.

49 Exemption of certain instruments from stamp duty.

49.—(1) Subject to subsection (2) of this section, an instrument giving effect to the purchase of a house upon the erection thereof shall be exempt from all stamp duties.

• (2) Subsection (1) of this section shall have effect in relation to an instrument if, but only if, it is shown to the satisfaction of the Revenue Commissioners that—

• (a) a grant under section 2 or 7 of the Housing (Loans and Grants) Act, 1962, has been, or will, by virtue of section 6 (2) of the Housing Act, 1966, be made in respect of the house to which the instrument relates, or

• (b) a grant under section 15, 16, 17, 18 or 20 of the Housing Act, 1966, has been or will be made in respect of the house aforesaid.

• (3) Stamp duties shall not be chargeable in the case of a conveyance, transfer or lease by a local authority under the provisions of the Housing Act, 1966, or of a conveyance, transfer or lease by a society registered under the Industrial and Provident Societies Acts, 1893 to 1966, and made, in accordance with a scheme for the provision of houses for its members, to a member or to such member and the spouse of the member.

• (4) Where—

• (a) an instrument has been charged with stamp duty under the heading “Conveyance or Transfer on sale of any property” or “Lease or Tack” in the First Schedule to the Stamp Act, 1891,

• (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 instrument is one to which the provisions of subsection (2) or (3) of this section relate,

the instrument shall be exempted from duty, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped.

• (5) In any such case as is referred to in subsection (4) of this section, the Revenue Commissioners may repay the duty charged on the instrument, provided that the application for exemption and repayment is made within two years after the date of the instrument.

• (6) Section 16 of the Finance Act, 1950, and section 52 of the Housing Act, 1966, are hereby repealed.

• (7) This section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect with respect to any instrument executed before such coming into operation.

50 Stamp duty on contracts for construction of office buildings.

50.—(1) It shall be the duty of every person who makes one or more contracts for the construction, alteration or enlargement of a building the greater part of which is intended for use as offices to deliver or procure the delivery to the Revenue Commissioners of the instrument or instruments containing every such contract.

• (2) Every such instrument shall be chargeable with a stamp duty at the rate of ten per cent, of the amount or value of the consideration for the performance of the contract or contracts to which it relates: Provided that an instrument shall not be chargeable with duty to the extent to which it is shown to the satisfaction of the Revenue Commissioners that the amount or value of the consideration for the performance of the contract or contracts which it contains has formed part of the amount or value of the consideration for the performance of a contract in respect of which duty has been paid under this subsection.

• (3) If at the expiration of ninety days after the making of a contract of a kind referred to in subsection (1) of this section the instrument containing it is not duly stamped, all the parties to the contract, as well as being liable for the duty unpaid, shall jointly and severally be liable to a penalty equal to twice the said duty, and the penalty shall be recoverable in the same manner as if it were part of the duty.

• (4) Where there is variation in the amount or value of the consideration for the performance of a contract of a kind referred to in subsection (1) of this section, the following provisions shall have effect:

• (a) where the amount or value of the consideration is increased, the instrument containing the contract shall, notwithstanding that it may have been stamped already and irrespective of whether or not it has been stamped with a particular stamp denoting that it is duly stamped, again become chargeable with stamp duty,

• (b) duty shall be chargeable at the rate of ten per cent, of the increased consideration, due allowance being made for the amount of any duty already paid,

• (c) if at the expiration of ninety days from the date of the increase in the consideration the instrument containing the contract is not stamped in accordance with the foregoing subparagraph, all the parties to the contract, as well as being liable for the duty unpaid, shall jointly and severally be liable to a penalty equal to twice the said duty, and the penalty shall be recoverable in the same manner as if it were part of the duty,

• (d) where the amount or value of the consideration is decreased, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument containing the contract and the amount chargeable thereon by reference to the decreased consideration:

Provided that the application for repayment is made within two years after the date of the decrease in the consideration.

• (5) Where a building the greater part of which is intended for use as offices is constructed, altered or enlarged and—

• (a) the contract or any of the contracts for the construction, alteration or enlargement is not contained in any instrument or instruments,

• (b) the construction, alteration or enlargement or part of the construction, alteration or enlargement is not the subject of a contact, or

• (c) the Revenue Commissioners are of opinion that there existed an arrangement or arrangements in relation to the construction, alteration or enlargement the main purpose or one of the main purposes of which was the avoidance or reduction of liability to stamp duty under this section, the following provisions shall have effect—

• (i) the Revenue Commissioners may by notice in writing require the owner of the building to deliver to them, within thirty days after the date of the requisition, the instrument containing the notification or a copy of such instrument (in this section referred to as the notification) given pursuant to the Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964, of the grant under the Local Government (Planning and Development) Act, 1963, by the relevant planning authority, within the meaning of that Act, of permission or approval in relation to the construction, alteration or enlargement, together with a statement of the total outlay expended or to be expended on the construction, alteration or enlargement,

• (ii) the said notification shall—

• (I) be charged with the amount of stamp duty with which it would be charged, and

• (II) be subject to the provisions of this section to which it would be subject,

if it were a contract for the construction, alteration or enlargement aforesaid and the amount or value of the consideration for its performance were the total outlay expended or to be expended on the construction, alteration or enlargement aforesaid.

• (6) An instrument or notification of a kind referred to in the foregoing provisions of this section shall not be deemed to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the Stamp Act, 1891, and the instrument is stamped with a particular stamp denoting that it is duly stamped.

• (7) The foregoing provisions of this section shall not apply—

• (a) in any case where the amount or the aggregate amountof the outlay expended on the construction, alteration or enlargement of a building does not exceed £50,000;

• (b) in relation to the construction, alteration or enlargementof a building owned by a Minister of State, the Commissioners of Public Works in Ireland, or a local authority for the purposes of section 2 of the Local Government Act, 1941;

• (c) in relation to the construction, alteration or enlargement of a building in an area which, at the date of the commencement of the construction, alteration or enlargement is an undeveloped area within the meaning of the Undeveloped Areas Act, 1952.

• (8) If a person fails to deliver to the Revenue Commissioners an instrument, notification or statement which he is required by virtue of this section to deliver to them, the delivery of the instrument, notification or statement by the person, or, in the case of a body corporate, by the secretary or any director thereof, may be enforced by the Revenue Commissioners under section 47 of the Succession Duty Act, 1853, in all respects as if the instrument, notification or statement, as the case may be, were such account as is mentioned in that section and the failure to deliver the instrument, notification or statement, as the case may be, were such default as is mentioned in that section.

• (9) In determining for the purposes of this section the amount or value of the consideration for the performance of a contract or contracts for the construction, alteration or enlargement of a building or the total outlay expended or to be expended on such construction, alteration or enlargement a car park, and any other ancillary works, for and adjacent to the building shall be deemed to form part of the building.

• (10) This section shall come into operation on the 1st day of August, 1969, or the date of the passing of this Act, whichever is the later.

PART VI Corporation Profits Tax

51 Withdrawal of shipping investment allowance.

51.—Where the amount of a shipping investment allowance is deducted in accordance with section 22 of the Finance Act, 1957, in computing the profits of a company for the purposes of corporation profits tax, and the shipping investment allowance is withdrawn for the purposes of income tax in accordance with subsection (1A) (b) of section 246 of the Income Tax Act, 1967, the shipping investment allowance shall be withdrawn for the purposes of corporation profits tax and all such additional corporation profits tax assessments and adjustments of corporation profits tax assessments shall be made as may be necessary for or in consequence of the withdrawal of a shipping investment allowance or the substitution therefor of an initial allowance under section 69 of the Finance Act, 1959.

52 Amendment of section 10 of Finance (Miscellaneous Provisions) Act, 1956.

52.—The definition of “accounting period” in section 10 of the Finance (Miscellaneous Provisions) Act, 1956, is, except in relation to section 13 (10) of that Act, hereby amended—

• (a) by the substitution of “fifteen” for “ten”, and

• (b) by the substitution of “6th day of April, 1975” for “6th day of April, 1970”.

53 Amendment of section 3 of Finance (Miscellaneous Provisions) Act, 1958.

53.—Section 3 (2) of the Finance (Miscellaneous Provisions) Act, 1958, is hereby amended by the substitution of “5th day of April, 1990” for “expiration of the period of twenty-five years from the passing of this Act”.

54 Amendment of section 69 of Finance Act, 1959.

54.—(1) Any reference in section 69 of the Finance Act, 1959, to an allowance under section 241 of the Income Tax Act, 1967, shall, in a case in which section 4 (2) of this Act has had effect, be construed as a reference to the allowance as increased under that subsection.

• (2) Where the said section 4 (2) is deemed not to have applied to any machinery or plant for any year of assessment, there shall be made for the purposes of corporation profits tax all such additional assessments and adjustments of assessments as may be appropriate.

PART VII Turnover Tax

55 Amendment of section 46 of Finance Act, 1963.

55.—(1) Section 46 of the Finance Act, 1963, is hereby amended by the insertion of the following definition after the definition of “hotel”

“‘moneys received’ includes—

• (a) money lodged or credited to the account of a person in any bank, savings bank, building society, hire purchase finance concern or similar financial concern, and

• (b) money, other than money referred to in paragraph (a) of this definition, which, under an agreement, other than an agreement providing for discount or a price adjustment made in the ordinary course of business, or an arrangement with creditors, has ceased to be due to a person, and money lodged or credited to the account of a person as aforesaid shall be deemed to have been received by the person on the date of the making of the lodgment or credit and money which has ceased to be due to a person as aforesaid shall be deemed to have been received by the person on the date of the cesser.”.

• (2) This section shall have, and be deemed to have had, effect as on and from the 8th day of May, 1969.

56 Amendment of section 64 of Finance Act, 1963.

56.—(1) Section 64 of the Finance Act, 1963, is hereby amended—

• (a) by the substitution of “sections 48 and 50 to 63” for “sections 48 to 63” in subsection (1), and

• (b) by the substitution of the following subsection for subsection (2):

• “(2) Tax as aforesaid shall not be charged on—

  • (a) an article the sale of which for delivery within the State would, apart from any exemption in relation to sales of such articles to or by persons of a particular class, be an exempted activity for the purposes of section 48 (2) of this Act,

  • (b) an article mentioned in the Second Schedule to this Act imported as stock for his business by a registered person who is a dealer in such articles,

  • (c) an article, not being an article mentioned in the Second Schedule to this Act, imported—

    • (i) as stock for his business,

    • (ii) as materials for manufacture,

    • (iii) as furniture, fittings, office requisites, plant or equipment for his business,

    by a registered person,

  • (d) an article (other than a motor vehicle designed for the conveyance of persons by road or hydrocarbon oil for road transport vehicles) imported by a body corporate which establishes to the satisfaction of the Revenue Commissioners that its main activity consists in the transport of passengers or goods outside the State and that the article is imported for use in its business,

  • (e) an article imported by the Commissioners of Irish Lights for use in the maintenance of lightships or lighthouses.”

• (2) Subsection (1) of this section shall come into operation in respect of articles imported on or after the first day of the month immediately following that in which this Act is passed and, in relation to such articles, the tax provided for by section 47 (1) (b) of the Finance Act, 1963, shall be charged, levied and paid as if no order had been made under section 64 of the said Act

PART VIII Wholesale Tax

57 Rates of wholesale tax.

57.—(1) The following subsection shall be substituted for subsection (1) of section 7 of the Finance (No. 2) Act, 1966:

• “(1) Wholesale tax shall be fifteen per cent, of that part of the taxable turnover, as defined by this section, of the accountable person which relates to the sale of any goods of a kind specified in the Table to this subsection and shall be ten per cent, of the remainder of the taxable turnover as so defined, and the amount of tax chargeable during every month shall be paid after the expiration of the month in accordance with regulations.

TABLE

(Wholesale Tax)

• (1) Motor vehicles designed and constructed for the conveyance of persons by road including sports motor vehicles, estate cars, station wagons, motor cycles, motor scooters, mopeds and auto cycles, but not including vehicles designed and constructed for the carriage of more than sixteen persons (inclusive of the driver), invalid carriages and other vehicles of a type designed for use by invalids or infirm persons.

• (2) Caravans, including mobile homes.

• (3) Ships, boats or other vessels designed and constructed for the conveyance of passengers and not exceeding one hundred tons gross; and sports and pleasure craft of all descriptions including yachts, cabin cruisers, dinghies, canoes, skiffs and racing boats.

• (4) Radio receiving sets and television receiving sets of the domestic or portable type including sets suitable for use in road vehicles.

• (5) Gramophones, radiogramophones, record players and electric gramophone record reproducers.

• (6) Gramophone records.”

• (2) The following subsection shall be substituted for subsection (1) of section 11 of the Finance (No. 2) Act, 1966:

• “(1) Sections 3 and 5 to 10 of this Act shall not apply to wholesale tax provided for by section 2 (b) of this Act and that tax shall, subject to subsection (2) of this section, be charged on every article which is of a kind specified in the Table to section 7 (1) of this Act and is imported on or after the 1st day of June, 1969, at the rate of fifteen per cent, of the value of the article and on every other article so imported at the rate of ten per cent, of the value of the article.”

• (3) This section shall have, and be deemed to have had, effect as on and from the 1st day of June, 1969.

58 Additions to certain payments.

58.—Where the whole or part of the taxable turnover of an accountable person consists of moneys paid under a contract entered into on or after the 1st day of October, 1966, and before the 1st day of June, 1969, the accountable person may, in the absence of agreement to the contrary, recover as an addition to the payment specified in the contract a sum equal to any additional amount payable by him in respect of the moneys on account of the increase in the rate of wholesale tax effected by section 57 of this Act.

59 Amendment of section 6 of Finance (No. 2) Act, 1966.

59.—(1) Section 6 of the Finance (No. 2) Act, 1966, is hereby amended by the addition of the following subsections:

• “(2) Where taxable goods are applied or appropriated by way of hire to a person to whom there has been allotted a registration number under section 4 of this Act and who has, in accordance with section 5 of this Act, given to the person from whom the goods are hired a statement in writing quoting that registration number—

  • (a) the provisions of subsection (1) of this section shall not apply in relation to the application or appropriation, and

  • (b) the application or appropriation shall be deemed to be a sale of the goods by wholesale in the course of business and the moneys received in respect of the hire shall be deemed to be moneys received from a person registered under the said section 4 in respect of goods sold to him:

  Provided that, if the person to whom the goods are hired, by notice in writing given to the person from whom the goods are hired, withdraws the statement aforesaid, then, on and from the date of the withdrawal, paragraphs (a) and (b) of this subsection shall cease to apply and the provisions of the said subsection (1) shall apply as if the person from whom the goods are hired had on that date applied or appropriated the goods otherwise than—

  - (i) in the case of a manufacturer—as materials or as stock in trade, or
  
  - (ii) in any other case—as stock in trade.
  

• (3) Where a person to whom there has been allotted a registration number under section 4 of this Act—

  • (a) has, in accordance with section 5 of this Act, given to a person registered under the said section 4 from whom he hires taxable goods a statement in writing quoting that registration number, and

  • (b) uses those goods otherwise than directly in a production process in the course of making goods,

  then, so long as the person to whom the goods are hired does not, by notice in writing given to the person from whom the goods are hired, withdraw the statement aforesaid, the provisions of the said subsection (1) shall apply to him as if—

  - (i) in accordance with the said section 5 he had purchased the goods in circumstances in which wholesale tax was not chargeable,
  
  - (ii) on the occasion of each payment for hire of the goods relating to a period during which he had used the goods otherwise than in a production process in the course of making goods he had applied or appropriated the goods otherwise than—
  
      - (I) in the case of a manufacturer—as materials or as stock in trade, or
  
      - (II) in any other case—as stock in trade, and
  
  - (iii) each such payment for hire was a payment in respect of a sale of goods so applied or appropriated at the wholesale price current at the time of the payment.”
  

• (2) Subsection (1) of this section shall come into operation on the first day of the month immediately following that in which this Act is passed.

60 Amendment of section 11 of Finance (No. 2) Act, 1966.

60.—(1) Section 11 of the Finance (No. 2) Act, 1966, is hereby amended by the substitution of the following subsection for subsection (2):

• “(2) Tax as aforesaid shall not be charged on—

  • (a) an article the sale of which for delivery within the State would, apart from any exemption in relation to sales of such articles to or by persons of a particular class, or by persons other than persons of a particular class, be an exempted activity for the purposes of section 3(5) of this Act,

  • (b) an article imported—

    • (i) by a manufacturer registered under section 4 of this Act and intended for use as materials or as stock for his business, or

    • (ii) by any other person registered under that section and intended for use as stock for his business,

  • (c) an article (other than a motor vehicle designed for the conveyance of persons by road or hydrocarbon oil for road transport vehicles) imported by a body corporate which establishes to the satisfaction of the Revenue Commissioners that its main activity consists in the transport of passengers or goods outside the State and that the article is for use in its business,

  • (d) an article imported by the Commissioners of Irish Lights for use in the maintenance of lightships or lighthouses.”.

• (2) Subsection (1) of this section shall come into operation in respect of articles imported on or after the first day of the month immediately following that in which this Act is passed and, in relation to such articles, the tax provided for by section 2 (b) of the Finance (No. 2) Act, 1966, shall be charged, levied and paid as if no order had been made under section 11 of the said Act.

PART IX Miscellaneous

61 Capital Services Redemption Account.

61.—(1) In this section—

“the principal section” means section 22 of the Finance Act, 1950;

“the 1968 amending section” means section 33 of the Finance Act, 1968;

“the nineteenth additional annuity” means the sum charged on the Central Fund under subsection (4) of this section;

“the Minister”, “the Account” and “capital services” have the same meanings respectively as they have in the principal section.

• (2) Subsection (4) of the 1968 amending section shall, in relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of March, 1970, have effect with the substitution of “£2,636,326” for “£2,453,200”.

• (3) Subsection (6) of the 1968 amending section shall have effect with the substitution of “£1,672,492” for “£1,586,900”.

• (4) A sum of £3,000,128 to redeem borrowings, and interest thereon, in respect of capital services shall be charged annually on the Central Fund or the growing produce thereof in the thirty successive financial years commencing with the financial year ending on the 31st day of March, 1970.

• (5) The nineteenth additional annuity shall be paid into the Account in such manner and at such times in the relevant financial year as the Minister may determine.

• (6) Any amount of the nineteenth additional annuity, not exceeding £1,940,575 in any financial year, may be applied towards defraying the interest on the public debt.

• (7) The balance of the nineteenth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.

62 Amendment of Provisional Collection of Taxes Act, 1927.

62.—Section 4 (1) of the Provisional Collection of Taxes Act, 1927, is hereby amended by the deletion of paragraph (f).

63 Exemption from tax of premiums on certain securities.

63.—(1) The excess of the amount received on the redemption of a unit of securities to which this section applies over the amount paid for the unit on its issue shall, save where the excess falls to be taken into account in computing for the purposes of taxation the profits of a trade, be exempt from income tax (including sur-tax) and corporation profits tax.

• (2) The securities to which this section applies are securities created and issued by the Minister for Finance under the Central Fund (Permanent Provisions) Act, 1965, or any other powers in that behalf him enabling, and any stock, debenture, debenture stock, certificate of charge, or other security, which is issued with the approval of the Minister for Finance given under any Act of the Oireachtas and in respect of which the payment of interest and the repayment of capital is guaranteed by the Minister for Finance under that Act, but excluding securities to which section 4 of the Central Fund Act, 1965, section 465 of the Income Tax Act, 1967, or section 8 of the Finance (No. 2) Act, 1968, applies.

64 Amendment of section 255 of Income Tax Act, 1967.

64.—(1) Section 255 (1) of the Income Tax Act, 1967, is hereby amended by the insertion after paragraph (d) of “and, in particular, the said expression includes any building or structure provided by the person carrying on such a trade or undertaking for the recreation or welfare of workers employed in that trade or undertaking and in use for that purpose”.

• (2) Section 255 of the Income Tax Act, 1967, is hereby amended—

• (a) by the insertion after “holiday camp” in the proviso to subsection (1) of “or a building or structure in use as a holiday cottage and comprised in premises registered in any register of holiday cottages established by Bord Fáilte Éireann under the provisions of any Act of the Oireachtas passed after the passing of the Finance Act, 1969”, and

• (b) by the insertion in subsection (4) (a) after “dwelling-house” in each place where it occurs of “(other than a holiday cottage referred to in the proviso to subsection (1))”.

• (3) Where a building or structure which falls to be regarded as an industrial building or structure by virtue of subsection (2) ceases to be comprised in premises registered in a register referred to in the said section 255 in such circumstances that section 265 of the Income Tax Act, 1967, does not apply, the relevant interest in the building or structure shall, for the purposes of Part XVI of the Income Tax Act, 1967, other than section 264 (3), be deemed upon such cesser to have been sold while the building or structure was an industrial building or structure and the net proceeds of the sale shall be deemed, for those purposes, to be an amount equal to the capital expenditure incurred on the construction of the building or structure.

• (4) Where a balancing charge is made under the said section 265 by virtue of subsection (3) and the relevant interest in the building or structure is not subsequently sold by the person on whom the charge is made while the building or structure is not an industrial building or structure, that person shall, if the building or structure again becomes comprised in a premises registered in a register referred to in the said section 255, be treated for the purposes of Part XVI of the Income Tax Act, 1967, as if, at the time of the cesser referred to in subsection (3), he were the buyer of the relevant interest deemed under that subsection to have been sold.

• (5)
• (a) Subsection (1) shall have effect in relation to capital expenditure incurred on or after the 6th day of April, 1969.

• (b) Subsections (2) to (4) shall have effect in relation to capital expenditure incurred on or after the 1st day of July, 1968.

65 Repeals.

65.—(1) Each enactment mentioned in column (2) of Part I of the Fifth Schedule to this Act is, in relation to tax for the year 1969-70 and subsequent years, hereby repealed to the extent specified in column (3) of that Part.

• (2)
• (a) The enactment mentioned in column (2) of Part II of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

• (b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 1st day of April, 1969.

• (3)
• (a) Each enactment mentioned in column (2) of Part III of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

• (b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 6th day of April, 1969.

• (4)
• (a) Each enactment mentioned in column (2) of Part IV of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

• (b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 1st day of July, 1969.

• (5) Each enactment mentioned in column (2) of Part V of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

• (6)
• (a) Each enactment mentioned in column (2) of Part VI of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

• (b) Paragraph (a) of this subsection shall have effect only in relation to persons dying on or after the 1st day of March, 1968.

• (7)
• (a) Each enactment mentioned in column (2) of Part VII of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

• (b) Paragraph (a) of this subsection shall come into operation on the 1st day of October, 1969.

66 Care and management of taxes and duties.

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

67 Short title, construction and commencement.

67.—(1) This Act may be cited as the Finance Act, 1969.

• (2) Parts I and II and (so far as relating to income tax, including sur-tax) section 63 of this Act shall be construed together with the Income Tax Acts.

• (3) Part III of this Act, so far as it relates to customs, shall be construed together with the Customs Acts and, so far as it relates to duties of excise, shall be construed together with the Statutes which relate to the duties of excise and the management of those duties.

• (4) Part V of this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

• (5) Part VI and (so far as relating to corporation profits tax) section 63 of this Act shall be construed together with Part V of the Finance Act, 1920, and the enactments amending or extending that Part.

• (6) Parts VII and VIII shall be construed together with Part VI of the Finance Act, 1963, the Finance (No. 2) Act, 1966, and the enactments amending or extending that Part and the last mentioned Act.

• (7) Parts I and II and section 63 of this Act shall, save as is otherwise expressly provided therein, be deemed to have come into force and shall take effect as on and from the 6th day of April, 1969.

• (8) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

FIRST SCHEDULE Spirits (Rates of Ordinary Customs Duty)

Part I

Description of Spirits	Preferential Rates	Preferential Rates	Preferential Rates	Full Rates	Full Rates	Full Rates
(1)	(2)	(2)	(2)	(3)	(3)	(3)
	£	s.	d.	£	s.	d.
For every gallon of Perfumed Spirits	29	10	2	29	14	2
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	24	17	11	25	1	3
For every gallon computed at proof of spirits of any description not heretofore mentioned and mixtures and preparations containing spirits	18	8	10	18	11	4

Part II

Description of Spirits	United Kingdom Rate	United Kingdom Rate	United Kingdom Rate
	£	s.	d.
For every gallon of Perfumed Spirits	24	15	7
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	20	18	2
For every gallon computed at proof of spirits of any description not heretofore mentioned and mixtures and preparations containing spirits	15	9	9

SECOND SCHEDULE Duties On Tobacco

Part I

Customs

					£	s.	d.
Unmanufactured:	Unmanufactured:	Unmanufactured:	Unmanufactured:
if stripped or stemmed:	if stripped or stemmed:	if stripped or stemmed:	if stripped or stemmed:
containing 10 per cent. or more by weight of moisture	containing 10 per cent. or more by weight of moisture	containing 10 per cent. or more by weight of moisture	containing 10 per cent. or more by weight of moisture	the lb.	4	8	4.5
containing less than 10 per cent. by weight of moisture	containing less than 10 per cent. by weight of moisture	containing less than 10 per cent. by weight of moisture	containing less than 10 per cent. by weight of moisture	” ”	4	18	2.5
if unstripped or unstemmed:	if unstripped or unstemmed:	if unstripped or unstemmed:	if unstripped or unstemmed:
containing 10 per cent. or more by weight of moisture	containing 10 per cent. or more by weight of moisture	containing 10 per cent. or more by weight of moisture	containing 10 per cent. or more by weight of moisture	” ”	4	8	4
containing less than 10 per cent. by weight of moisture	containing less than 10 per cent. by weight of moisture	containing less than 10 per cent. by weight of moisture	containing less than 10 per cent. by weight of moisture	” ”	4	18	2
		Full	Full	Full	Preferential	Preferential	Preferential
		£	s.	d.	£	s.	d.
Manufactured:	Manufactured:
cigars	the lb.	5	7	2.1	4	11	4
cigarettes	” ”	5	4	10.5	4	9	5
cavendish or negrohead	” ”	5	6	6.9	4	10	10
cavendish or negrohead manufactured in bond	” ”	5	5	11.7	4	10	4
other manufactured tobacco	” ”	5	4	6.9	4	9	2
snuff containing more than 13 per cent. by weight of moisture	” ”	5	4	2.1	4	8	10
snuff containing 13 per cent. or less by weight of moisture	” ”	5	6	6.9	4	10	10

Part II

Customs

		Full	Full	Full	Preferential	Preferential	Preferential
		£	s.	d.	£	s.	d.
Manufactured:
cigars	the lb.	5	1	0.2	4	11	4
cigarettes	” ”	4	18	9.7	4	9	5
cavendish or negrohead	” ”	5	0	5.5	4	10	10
cavendish or negrohead manufactured in bond	” ”	4	19	10.8	4	10	4
other manufactured tobacco:
hard pressed tobacco	the lb.	4	11	5.2	4	2	0.5
other pipe tobacco	” ”	4	17	2.5	4	7	9.8
other manufactured tobacco	” ”	4	18	6.7	4	9	2
snuff containing more than 13 per cent. by weight of moisture	” ”	4	18	2	4	8	10
snuff containing 13 per cent. or less by weight of moisture	” ”	5	0	5.5	4	10	10

Part III

Customs

		Full	Full	Full	Preferential	Preferential	Preferential
		£	s.	d.	£	s.	d.
Manufactured:
cigars	the lb.	4	19	7.6	4	11	4
cigarettes	” ”	4	17	5.6	4	9	5
cavendish or negrohead	” ”	4	19	1	4	10	10
cavendish or negrohead manufactured in bond	” ”	4	18	6.4	4	10	4
other manufactured tobacco:
hard pressed tobacco	” ”	4	7	8.6	3	19	8
other pipe tobacco	” ”	4	15	5	4	7	4.4
other manufactured tobacco	” ”	4	17	2.6	4	9	2
snuff containing more than 13 per cent. by weight of moisture	” ”	4	16	10	4	8	10
snuff containing 13 per cent. or less by weight of moisture	” ”	4	19	1	4	10	10

Part IV

Excise

		£	s.	d.
Unmanufactured:
containing 10 per cent. or more by weight of moisture	the lb.	4	7	3
containing less than 10 per cent. by weight of moisture	” ”	4	16	11
Manufactured:
cavendish or negrohead manufactured in bond	” ”	4	9	3

THIRD SCHEDULE Duties On Wine

Part I

Customs

Description of Wine	Description of Wine	Rate of Duty	Rate of Duty	Rate of Duty	Rate of Duty	Rate of Duty	Rate of Duty
		Full	Full	Full	Preferential	Preferential	Preferential
Still Wine:		£	s.	d.	£	s.	d.
Not exceeding 25° of proof spirit:
Not in bottle	the gallon	1	3	6		18	9.2
In bottle	” ”	1	7	6	1	0	9.2
Exceeding 25° but not exceeding 30° of proof spirit:
Not in bottle	” ”	1	7	6	1	1	2
In bottle	” ”	1	15	6	1	5	2
Exceeding 30° of proof spirit:
Not in bottle	” ”	2	1	6	1	11	6⅔
In bottle	” ”	2	9	6	1	15	6⅔
Sparkling Wine	” ”	2	16	3	2	1	6.5
Wine exceeding 42° of proof spirit:
An additional duty for every degree or fraction of a degree above 42° of proof spirit	” ”		3	6		2	10

Part II

Customs

Description of Wine	Description of Wine	Rate of Duty	Rate of Duty	Rate of Duty	Rate of Duty	Rate of Duty	Rate of Duty
(1)	(1)	(2)	(2)	(2)	(3)	(3)	(3)
		£	s.	d.	£	s.	d.
Still Wine in Bottle:
Not exceeding 25° of proof spirit	the gallon	1	0	2		19	11.6
Exceeding 25° but not exceeding 30° of proof spirit	” ”	1	3	11.6	1	3	6.8
Exceeding 30° of proof spirit	” ”	1	14	[image omitted]	1	13	[image omitted]
Exceeding 42° of proof spirit:
An additional duty for every degree or fraction of a degree above 42° of proof spirit	” ”		2	10		2	10

Part III

Excise

Description of Wine	Rate of Duty	Rate of Duty	Rate of Duty
	s.	d.
Irish Wine:
Not exceeding 25° of proof spirit	13	9.5	the gallon
Exceeding 25° but not exceeding 30° of proof spirit	14	6.5	” ”
Exceeding 30° of proof spirit	17	8	” ”

Part IV

Excise

Description of Wine	Rate of Duty	Rate of Duty	Rate of Duty
	s.	d.
Irish Wine:
Not exceeding 25° of proof spirit	14	6	the gallon
Exceeding 25° but not exceeding 30° of proof spirit	15	6	” ”
Exceeding 30° of proof spirit	19	7	” ”

FOURTH SCHEDULE

Part I

Amendment of Enactments

Number and Year	Short Title	Amendment
(1)	(2)	(3)
No. 6 of 1967.	Income Tax Act, 1967	In section 53 (1), in paragraph (b) of Case I, for “the property in the following lands, tenements and hereditaments” there shall be substituted “profits or gains arising out of lands, tenements and hereditaments in the case of any of the following concerns”; in paragraph (a) of Case III, after “periods” there shall be inserted “but not including any payment chargeable under Case V of Schedule D”; in Case IV, for “any of the foregoing Cases” there shall be substituted “any other Case of Schedule D” and after Case IV there shall be inserted “Case V.—Tax in respect of any rent in respect of any premises or any receipts in respect of any easement;”.
		In section 83, in subsection (1), for “and the lease is a short lease” there shall be substituted “and the duration of the lease does not exeed fifty years” and in subsection (2), for “section 81 (4)” there shall be substituted “section 81 (5)”.
		In section 84 (1), for “a short lease” there shall be substituted “a lease of a duration not exceeding fifty years”.
		In section 86, for “(including, where the lease was granted on or after the 6th day of April, 1963, an appropriate sum in respect of any premium payable under the lease)” there shall be substituted “(including in the case of a lease granted on or after the 6th day of April, 1963, the duration of which does not exceed fifty years, an appropriate sum in respect of any premium payable under the lease)”.
		In section 89A (inserted by section 7 (1) (b) of the Finance (Miscellaneous Provisions) Act, 1968) in paragraph (b), for “paragraph (f) of section 81 (4)” there shall be substituted “paragraph (e) of section 81 (5)”.
		In section 92 (1), for “section 81 (4)” there shall be substituted “section 81 (5)”.
		In section 94, after “Case IV” there shall be inserted “or Case V”.
		In section 162 (3) (a), for “sections 480 and 481” there shall be substituted “section 480”.
		In section 183 (1), for “Schedule A, B, D or E, or under two or more” there shall be substituted “Schedule D or E, or under both”.
		In section 184 (1), for from “make an assessment” to the end of the subsection there shall be substituted “, but subject to section 133, make an assessment upon that person of the amount at which he ought to be charged under Schedule E”.
		In section 214 (3), for “as to which relief may be claimed or allowed under section 23 or 24” there shall be substituted “which are deductible in computing the profits or gains of the company or bank for the purposes of Case V of Schedule D”.
		In section 267 (5) (a) for “Schedule A” there shall be substituted “Case V of Schedule D” and after “structure,” there shall be inserted “or”.
		In section 307 (1) for “in respect of which he has elected to be charged to tax under Schedule D” there shall be substituted “managed on a commercial basis and with a view to the realisation of profits”.
		In section 316 (2), after “or 435” there shall be inserted “or section 25 (1) of the Finance Act, 1969”.
		In section 334 (1), for paragraph (a) there shall be substituted the following paragraph:
		“(a) from income tax chargeable under Case I (b) of Schedule D by virtue of section 53 where the profits or gains so chargeable arise out of lands, tenements or hereditaments which are owned and occupied by a charity;”.
		In sections 335 and 336, for “Schedules A, C, and D” there shall be substituted “Schedules C and D”.
		In section 433, the following subsection shall be added:
		“(3) This section shall not apply to any rents or other sums falling due for payment on or after the 6th day of April, 1969, and in respect of which the person entitled to them is chargeable to tax under Case V of Schedule D or would be so chargeable but for any exemption from tax”.
		In section 434, the following subsection shall be added:
		“(8) Except as provided by section 25 (1) of the Finance Act, 1969, this section shall not apply to any rents or other sums falling due for payment on or after the 6th day of April, 1969, and in respect of which the person entitled to them is chargeable to tax under Case V of Schedule D or would be so chargeable but for any exemption from tax.”.
		In Schedule 18, in the heading of paragraph VII, for “SCHEDULES A, B, D, OR E” there shall be substituted “SCHEDULES D OR E”.
No. 7 of 1968.	Finance (Miscellaneous Provisions) Act, 1968.	In section 18 (2) (g), for “(other than a payment to which section 87 of the Income Tax Act, 1967, applies)” there shall be substituted “(other than receipts falling within subsection (1) (b) of section 81 of the Income Tax Act, 1967, the profits or gains arising from which are, by virtue of that section, chargeable to tax under Case V of Schedule D)”.

Part II

Session and Chapter	Short Title	Amendment
(1)	(2)	(3)
57 & 58 Vic., c. 30.	Finance Act, 1894.	In the proviso to section 7 (5), for from “as assessed” to the end of the proviso there shall be substituted “as would, but for the provisions of the Finance Act, 1969, be assessed under Schedule A, after making such deductions as would not have been allowed in that assessment and are allowed under the Succession Duty Act, 1853, and making a deduction for expenses of management not exceeding five per cent, of such annual value”.

FIFTH SCHEDULE Enactments Repealed

Part I