Finance Act , 1992

‘records’ means those records required to be kept under section 6 (as amended by section 231 of the Finance Act, 1992) of the Finance Act, 1968, section 17 (as so amended) and the regulations made under the said section 17.

(2) An authorised officer may at all reasonable times enter any premises or place where he has reason to believe that—

(a) any relevant operations are or have been carried on,

(b) any person is making or has made payments to a subcontractor in connection with the performance by the sub-contractor of a relevant contract in relation to which that person is the principal,

(c) any person is or has been in receipt of such payments,

or

(d) records are or may be kept on those premises,

and the authorised officer may—

(i) require any principal or sub-contractor, or any employee of, or any other person providing bookkeeping, clerical or other administrative services to, any principal or sub-contractor, who is on that premises or in that place to produce any records which he requires for the purpose of his enquiry,

(ii) if he has reason to believe that any of the records he has required to be produced to him under the provisions of this subsection have not been so produced, search on those premises or in that place for those records, and

(iii) examine, make copies of, take extracts from, remove and retain any records for a reasonable period for their further examination or for the purpose of any legal proceedings instituted by an officer of the Revenue Commissioners or for the purposes of any criminal proceedings.

(3) An authorised officer may require any principal or subcontractor, or any employee of, or any other person providing bookkeeping, clerical or other administrative services to, any principal or subcontractor, to give the authorised officer all reasonable assistance including providing information and explanations and furnishing documents required by the authorised officer.

(4) An authorised officer, when exercising or performing his powers or duties under this section, shall on request produce his authorisation for the purposes of this section.

(5) A person who does not comply with the requirements of an authorised officer in the exercise or performance of his powers or duties under this section shall be liable to a penalty of £1,000.

(6) The records referred to in this section shall be retained for a period of 6 years after the end of the year to which they refer or for such shorter period as the Revenue Commissioners may authorise in writing.”.

236 Authorised officers and Garda Síochána.

236.—Where an authorised officer (within the meaning of section 127A (inserted by this Act) of the Income Tax Act, 1967, section 17A (as so inserted) of the Finance Act, 1970, or section 34 (as so inserted) of the Finance Act, 1976, as the case may be) in accordance with the said section 127A, 17A or 34 enters any premises or place, he may be accompanied by a member or members of the Garda Síochána and any such member may arrest without warrant any person who obstructs or interferes with the authorised officer in the exercise or performance of his powers or duties under any of the said sections.

237 Inspection of computer documents and records.

237.—(1) In this section—

“the Acts” means—

(a) the Customs Acts,

(b) the statutes relating to the duties of excise and to the management of those duties,

(c) the Tax Acts,

(d) the Capital Gains Tax Acts,

(e) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act,

(f) the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act, and

(g) Part VI of the Finance Act, 1983,

and any instruments made thereunder;

“data” means information in a form in which it can be processed;

“data equipment” means any electronic, photographic, magnetic, optical or other equipment for processing data;

“processing” means performing automatically logical or arithmetical operations on data, or the storing, maintenance, transmission, reproduction or communication of data;

“records” means documents which a person is obliged by any provision of the Acts to keep, to issue or to produce for inspection, and any other written or printed material;

“software” means any sequence of instructions used in conjunction with data equipment for the purpose of processing data or controlling the operation of the data equipment.

(2) Any provision under the Acts which—

(a) requires a person to keep, retain, issue or produce any records or cause any records to be kept, retained, issued or produced, or

(b) permits an officer of the Revenue Commissioners—

(i) to inspect any records,

(ii) to enter premises and search for any records, or

(iii) to take extracts from or copies of or remove any records,

shall, where the records are processed by data equipment, apply to the data equipment together with any associated software, data, apparatus or material as it applies to the records.

(3) An officer of the Revenue Commissioners may, in the exercise or performance of his powers or duties, require—

(a) the person by or on whose behalf the data equipment is or has been used, or

(b) any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material,

to afford him all reasonable assistance in relation thereto.

238 Amendment of section 31 (power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayers) of Finance Act, 1979.

238.—Section 31 of the Finance Act, 1979, is hereby amended—

(a) in paragraph (a) of subsection (1)—

(i) by the substitution of the following definition for the definition of “an authorised officer”:

“‘an authorised officer’ means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;”,

(ii) by the substitution of the following definition for the definition of “documents ”:

“‘documents’ means those records required to be kept or retained under the provisions of section 6 (as amended by section 231 of the Finance Act, 1992) of the Finance Act, 1968;”,

and

(iii) by the addition of the following definition after the definition of “tax”:

“Tax Acts' has the meaning assigned to it by section 155 (2) of the Corporation Tax Act, 1976.”,

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

“(2) Where a person (in this section referred to as ‘the taxpayer’)—

(a) delivers to an inspector a return or statement of the income, profits or gains arising to him from—

(i) any business (past or present) carried on by him or his spouse, or

(ii) any business (past or present) with whose management either of them was concerned at a material time,

and the inspector is not satisfied with the return or statement,

or

(b) fails to deliver a return or statement as aforesaid which he is required to deliver under any provision of the Tax Acts,

the inspector may serve on the taxpayer a notice in writing stating—

(I) that he is not satisfied with the return or statement delivered to him, or that such return or statement has not been delivered to him, as the case may be, and

(II) that he has requested an authorised officer to serve notice under this section on persons who, in relation to the taxpayer, are subject to this section.”,

and

(c) by the substitution of the following subsection for subsection (9):

“(9) An authorised officer may examine any documents furnished or made available for inspection under this section and may take copies of, or extracts from, them or retain them for the purposes of any legal proceedings instituted by an officer of the Revenue Commissioners or for the purposes of any criminal proceedings.”.

239 Amendment of section 20 (return of property) of Finance Act, 1983.

239.—Section 20 of the Finance Act, 1983, is hereby amended—

(a) by the substitution in subsection (1) (a) of “income tax and capital gains tax” for “income tax”, and

(b) by the substitution for subsections (2), (3) and (4) of the following subsections:

“(2) Where for the purposes of tax, a person is required under any provision of the Tax Acts or the Capital Gains Tax Acts to deliver a tax return to an inspector of taxes or to the inspector of returns (as defined in section 10 (11) of the Finance Act, 1988), as the case may be, then the inspector may require—

(a) that person, by notice in writing given to him, and

(b) where that person and his spouse are, for the year of assessment to which the tax return relates, treated as living together for the purpose of section 192 of the Income Tax Act, 1967, his spouse, by notice in writing given to the spouse,

to deliver to the inspector, within the time specified in the notice, or within such further period as the inspector may allow, a statement of affairs in the prescribed form as at the date specified in the notice, and that person or his spouse shall, if required by further notice or notices in writing by the inspector, deliver to the inspector within such time, not being less than 30 days, as may be specified in such further notice or notices, a statement verifying such statement of affairs together with such evidence, statement or documents required by the inspector in respect of any asset or liability shown on the statement of affairs, or in respect of any asset or liability which the inspector has reason to believe has been omitted from the statement of affairs.

(3) (a) In this section ‘statement of affairs’, in relation to a notice under subsection (2), means where the person to whom notice is given is—

(i) an individual who is a chargeable person and the tax return concerned relates to income or capital gains in respect of which he is chargeable to tax otherwise than in a representative capacity or as a trustee, a statement of all the assets wherever situated to which he is beneficially entitled on the specified date and all the liabilities for which he is liable on the specified date,

(ii) the spouse of an individual referred to in subparagraph (i), a statement of all the assets, wherever situated, to which the said spouse is beneficially entitled on the specified date and all the liabilities for which the said spouse is liable on the specified date,

(iii) a chargeable person in a representative capacity and the tax return concerned relates to income or capital gains of a person in respect of which he is so chargeable, a statement of all the assets wherever situated to which that person is beneficially entitled and which give rise to income or capital gains in respect of which the chargeable person is chargeable to tax in a representative capacity and all the liabilities for which the said person is liable, or are assets or liabilities in relation to which the chargeable person performs functions or duties in such a capacity on the specified date, or

(iv) a chargeable person as a trustee of a trust and the tax return concerned relates to income or capital gains of a trust, all the assets and liabilities comprised in the trust on the specified date.

(b) Any assets to which a minor child of an individual referred to in subparagraph (i) or (ii) of paragraph (a) is beneficially entitled shall be included in that individual's statement of affairs under this section where—

(i) such assets at any time prior to their acquisition by the minor child were disposed of by that individual whether to the minor child or not, or

(ii) the consideration for the acquisition of such assets by the minor child was provided directly or indirectly by that individual.

(4) (a) A statement of affairs delivered under this section shall contain in relation to each asset included thereon—

(i) a full description,

(ii) its location on the specified date,

(iii) the cost of acquisition to the person beneficially entitled thereto, and

(iv) the date of acquisition and, if it was acquired otherwise than through a bargain at arms length, the name and address of the person from whom it was acquired and the consideration, if any, given to that person in respect of its acquisition.

(b) A statement of affairs delivered under this section shall, in the case of an asset which is an interest which is not an absolute interest, contain particulars of the title under which the beneficial entitlement arises.

(c) A statement of affairs delivered under this section shall be signed by the person by whom it is delivered and shall include a declaration by that person that it is to the best of his knowledge, information and belief, correct and complete.

(d) The Revenue Commissioners may require the declaration mentioned in paragraph (c) to be made on oath.”.

240 Amendment of section 23 (publication of names of defaulters) of Finance Act, 1983.

240.—As respects the year 1992 and subsequent years, section 23 of the Finance Act, 1983, is hereby amended—

(a) in subsection (2), by the insertion of “or any part of a year as they see fit” after “as respects each year”, and

(b) in subsection (3), by the insertion in paragraph (a) of “or lists” after “the list”,

and the said subsection (2) and the said paragraph (a), as so amended, are set out in the Table to this section.

TABLE

(2) The Revenue Commissioners shall, as respects each year or any part of a year as they see fit (being the year 1984 or a subsequent year), compile a list of names and addresses and the occupations or descriptions of every person—

(a) upon whom a fine or other penalty was imposed by a court under any of the Acts during that year,

(b) upon whom a fine or other penalty was otherwise imposed by a court during that year in respect of an act or omission by the person in relation to tax, or

(c) in whose case the Revenue Commissioners, pursuant to an agreement made with the person in that year, refrained from initiating proceedings for recovery of any fine or penalty of the kind mentioned in paragraphs (a) and (b) and, in lieu of initiating such proceedings, accepted, or undertook to accept, a specified sum of money in settlement of any claim by the Revenue Commissioners in respect of any specified liability of the person under any of the Acts for—

(i) payment of any tax,

(ii) payment of interest thereon, and

(iii) a fine or other monetary penalty in respect thereof.

(a) the Revenue Commissioners shall include in their annual report to the Minister for Finance, commencing with the report for the year 1984, the list or lists referred to in subsection (2) for the year in respect of which the report is made, and

241 Amendment of section 73 (deduction from payments due to defaulters of amounts due in relation to tax) of Finance Act, 1988.

241.—Section 73 of the Finance Act, 1988, is hereby amended—

(a) in subsection (1) (b)—

(i) by the substitution of the following definition for the definition of “the Acts”:

“‘the Acts’ means—

(i) the Customs Acts,

(ii) the statutes relating to the duties of excise and to the management of those duties,

(iii) the Tax Acts,

(iv) the Capital Gains Tax Acts,

(v) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act,

(vi) the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act, and

(vii) the Stamp Act, 1891, and the enactments amending or extending that Act,

and any instrument made thereunder;”,

(ii) by the substitution of the following subparagraph for subparagraph (i) of the proviso to the definition of “debt”:

“(i) where a relevant person is a financial institution, any amount or aggregate amount of money, including interest thereon, which at that time is a deposit held by the relevant person—

(I) to the credit of the taxpayer for his sole benefit, or

(II) to the credit of the taxpayer and any other person or persons for their joint benefit,

shall be regarded as a debt due by the relevant person to the taxpayer at that time,”,

(iii) by the insertion of the following additional proviso after the proviso to the definition of “debt”:

“Provided also that, in the case of paragraph (i) of the preceding proviso, a deposit held by a relevant person which is a financial institution to the credit of the taxpayer and any other person or persons (hereafter referred to in this proviso as ‘the other party or parties’) for their joint benefit shall be deemed (unless evidence to the contrary is produced to the satisfaction of the relevant person within 10 days of the giving of the notices specified in paragraph (c) of subsection (2)) to be held to the benefit of the taxpayer and the other party or parties to the deposit equally and, accordingly, only the portion thereof so deemed shall be regarded as a debt due by the relevant person to the taxpayer at that time and where such evidence is produced within the specified time only so much of the deposit as is shown to be held to the benefit of the taxpayer shall be regarded as a debt due by the relevant person to the taxpayer at that time;”,

and

(iv) by the substitution of the following definition for the definition of “interest on unpaid tax”:

“‘interest on unpaid tax’, in relation to a specified amount specified in a notice of attachment, means interest, that has accrued to the date on which the notice of attachment is given, under any provision of the Acts providing for the charging of interest in respect of the unpaid tax, including interest on an undercharge of tax which is attributable to fraud or neglect, specified in the notice of attachment;”,

(b) in subsection (2)—

(i) by the substitution of the following subparagraph for subparagraph (ii) of paragraph (a):

“(ii) (I) the amount or aggregate amount, or

(II) in a case where more than one notice of attachment is given to a relevant person or relevant persons in respect of a taxpayer, a portion of the amount or aggregate amount,

of the taxes, interest on unpaid taxes and penalties in respect of which the taxpayer is in default at the time of the giving of the notice or notices of attachment (the said amount, aggregate amount, or portion of the amount or aggregate amount, as the case may be, being referred to in this section as ‘the specified amount’),”,

(ii) by the insertion of the following additional proviso after the proviso to subparagraph (iii) (I) of paragraph (a):

“Provided also that where the relevant person is a financial institution and the debt due by the relevant person to the taxpayer is part of a deposit held to the credit of the taxpayer and any other person or persons to their joint benefit the said return shall be made within a period of 10 days from—

(A) the expiry of the period specified in the notices to be given under paragraph (c), or

(B) the production of the evidence referred to in paragraph (c) (II).”,

and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) Where a relevant person which is a financial institution is given a notice of attachment and the debt due by the relevant person to the taxpayer is part of a deposit held by the relevant person to the credit of the taxpayer and any other person or persons (hereafter in this paragraph referred to as ‘the other party or parties’) for their joint benefit, the relevant person shall, on receipt of the notice of attachment, give to the taxpayer and the other party or parties to the deposit a notice in writing in which is entered—

(i) the taxpayer's name and address,

(ii) the name and address of the person to whom a notice under this paragraph is given,

(iii) the name and address of the relevant person, and

(iv) the specified amount, and which states that—

(I) a notice of attachment under this section has been received in respect of the taxpayer,

(II) under this section, a deposit is deemed (unless evidence to the contrary is produced to the satisfaction of the relevant person within 10 days of the giving of the notice under this paragraph) to be held to the benefit of the taxpayer and the other party or parties to the deposit equally, and

(III) unless such evidence is produced within the period specified in the notice given under this paragraph, a sum equal to the amount of the deposit so deemed to be held to the benefit of the taxpayer, and, accordingly, regarded as a debt due to the taxpayer by the relevant person, shall be paid to the Revenue Commissioners where that amount is equal to or less than the specified amount and where that amount is greater than the specified amount an amount equal to the specified amount shall be paid to the Revenue Commissioners.”,

(c) in subsection (3), by the substitution of the following paragraph for paragraph (b):

“(b) the Revenue Commissioners have given the taxpayer a notice in writing (whether or not the document containing the notice also contains other information being communicated by the Revenue Commissioners to the taxpayer), not later than 7 days before the date of the receipt by the relevant person or relevant persons concerned of a notice of attachment, stating that, if the amount is not paid, it may be specified in a notice or notices of attachment and recovered under this section from a relevant person or relevant persons in relation to the taxpayer.”,

(d) in subsection (10), by the substitution in paragraph (b) of “amount or aggregate amount of the taxes, interest on unpaid taxes and penalties in respect of which the taxpayer is in default at the time of the giving of the notice or notices of attachment” for “specified amount”, and the said paragraph (b), as so amended, is set out in the Table to this section,

and

(e) by the deletion of subsection (17).

TABLE

(b) Where, in pursuance of this section, a relevant person pays any amount to the Revenue Commissioners out of a debt due by him to the taxpayer and, at the time of the receipt by the Revenue Commissioners of the said amount, the taxpayer has paid the amount or aggregate amount of the taxes, interest on unpaid taxes and penalties in respect of which the taxpayer is in default at the time of the giving of the notice or notices of attachment to the Revenue Commissioners, the first-mentioned amount shall be refunded by the Revenue Commissioners forthwith to the taxpayer.

242 Tax clearance in relation to certain licences.

242.—(1) In this section—

“the Act of 1968” means the Finance (Miscellaneous Provisions) Act, 1968;

“the Acts” means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts,

(c) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act,

and any instruments made thereunder;

“beneficial holder of a licence” means the person named on the licence or, where that person is a nominee, the person on whose behalf the nominee holds the licence;

“licence” means a licence of the kind referred to in the proviso (inserted by section 156 of the Finance Act, 1992) to section 49 (1) of the Finance (1909-10) Act, 1910;

“specified date” means the date of commencement of a licence sought to be granted under section 49 (1) of the Finance (1909-10) Act, 1910, as specified for the purposes of a tax clearance certificate under subsection (2);

“tax clearance certificate” shall be construed in accordance with subsection (2).

(2) Subject to the provisions of subsection (3), the Collector-General shall, on an application to him by the person who will be the beneficial holder of a licence due to commence on a specified date, issue a certificate (in this section referred to as a “tax clearance certificate”) for the purposes of the grant of a licence, if—

(a) that person, and any partnership of which he is or was a partner in respect of the period of his membership,

(b) in a case where that person is a partnership, each partner,

(c) in a case where that person is a company, each person who is either the beneficial owner of, or able, directly or indirectly to control more than 50 per cent. of the ordinary share capital of the company,

has or have complied with all the obligations imposed on him or them by the Acts, in relation to—

(i) the payment or remittance of the taxes, interest and penalties required to be paid or remitted under the Acts, and

(ii) the delivery of returns.

(3) Where a person (hereafter in this section referred to as the “first-mentioned person”) will be the beneficial holder of a licence due to commence on a specified date and another person (hereafter in this section referred to as the “second-mentioned person”) was the beneficial holder of the licence at any time during the year preceding the said date, and—

(a) the second-mentioned person is a company connected within the meaning of section 16 (3) of the Act of 1968 with the first-mentioned person or would have been such a company but for the fact that the company has been wound up or dissolved without being wound up,

(b) the second-mentioned person is a company and the first-mentioned person is a partnership in which—

(i) a partner is or was able, or

(ii) where more than one partner is a shareholder, those partners together are or were able,

directly or indirectly either on his or their own, or with a connected person or connected persons within the meaning of section 16 (3) of the Act of 1968, to control more than 50 per cent. of the ordinary share capital of the company, or

(c) the second-mentioned person is a partnership and the first-mentioned person is a company in which—

(i) a partner is or was able, or

(ii) where more than one partner is a shareholder, those partners together are or were able,

directly or indirectly either on his or their own, or with a connected person or connected persons within the meaning of section 16 (3) of the Act of 1968, to control more than 50 per cent. of the ordinary share capital of the company,

a tax clearance certificate shall not be issued by the Collector-General under subsection (2) unless, in relation to the activities conducted under the licence, the second-mentioned person has complied with his obligations under the Acts as specified in the said subsection:

Provided that this subsection shall not apply to a transfer of a licence effected before the 24th day of April, 1992, or apply to such transfer effected after that date where a contract for the sale or lease of the premises to which the licence relates was signed before that date.

(4) An application for a tax clearance certificate under this section shall be made to the Collector-General in a form prescribed by the Revenue Commissioners and shall specify the commencement date of the licence to which the application relates.

(5) If an application for a tax clearance certificate under this section is refused by the Collector-General, he shall, as soon as is practicable, communicate in writing such refusal and the grounds therefor to the person concerned.

(6) (a) Where an application under this section to the Collector-General for a tax clearance certificate is refused the person aggrieved by such refusal may, by notice in writing given to the Collector-General within 30 days of such refusal, apply to have his application heard and determined by the Appeal Commissioners:

Provided that no right of appeal shall exist by virtue of this section in relation to any amount of tax or interest due under the Acts.

(b) A notice under paragraph (a) shall be valid only if—

(i) it specifies—

(I) the matter or matters with which the person is aggrieved, and

(II) the grounds, in detail, of his appeal as respects each such matter,

and

(ii) any amount under the Acts which is due to be remitted or paid, and which is not in dispute, is duly remitted or paid.

(c) The Appeal Commissioners shall hear and determine an appeal made to them under this subsection as if it were an appeal against an assessment to income tax and, subject to paragraph (d), all the provisions of the Income Tax Acts relating to such an appeal (including the provisions relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law) shall apply accordingly with any necessary modifications.

(d) On the hearing of an appeal made under this subsection, the Appeal Commissioners shall have regard to all matters to which the Collector-General is required to have regard under the provisions of this section.

243 Amendment of section 94 (revenue offences) of Finance Act, 1983.

243.—Section 94 of the Finance Act, 1983, is hereby amended—

(a) in subsection (1)—

(i) by the insertion of the following definition after the definition of “the Acts”:

“‘an authorised officer’ means an officer of the Revenue Commissioners authorised by them in writing to exercise any of the powers conferred by the Acts;”,

and

(ii) by the insertion of the following paragraph after paragraph (e):

“(ee) knowingly or wilfully, and within the time limits specified for their retention, destroys, defaces, or conceals from an authorised officer—

(i) any documents, or

(ii) any other written or printed material in any form, including any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form, which a person is obliged by any provision of the Acts to keep, to issue or to produce for inspection.”,

and

(b) in subsection (3), by the substitution of the following paragraph for paragraph (a):

“(a) on summary conviction to a fine of £1,000 which may be mitigated to not less than one fourth part thereof or, at the discretion of the court, to imprisonment for a term not exceeding 12 months or to both the fine and the imprisonment, or”.

244 Amendment of section 9 (interpretation (Chapter II)) of Finance Act, 1988.

244.—As respects the year 1992-93 and subsequent years of assessment, section 9 (as amended by section 45 of the Finance Act, 1991) of the Finance Act, 1988, is hereby amended in subsection (1) by the insertion in the definition of “chargeable person” of the following proviso to paragraph (a):

“Provided that this paragraph shall not apply to a person who is a director or, in the case of a person to whom the provisions of section 194 of the Income Tax Act, 1967, apply, whose spouse is a director, within the meaning of section 119 of that Act, of a body corporate other than a body corporate which during a period of three years ending on the 5th day of April in the chargeable period—

(i) was not entitled to any assets other than cash on hands, or a sum of money on deposit within the meaning of section 230 of the Finance Act, 1992, not exceeding £100, and

(ii) did not carry on a trade, business or other activity including the making of investments, and

(iii) did not pay charges on income within the meaning of section 10 of the Corporation Tax Act, 1976.”.

245 Amendment of section 48 (surcharge for late submission of returns) of Finance Act, 1986.

245.—As respects the year 1992-93 and subsequent years of assessment, section 48 of the Finance Act, 1986, is hereby amended by the addition of the following subsection after subsection (2)—

“(3) In the case of a person—

(a) who is a director within the meaning of section 119 of the Income Tax Act, 1967, or

(b) to whom the provisions of section 194 of the Income Tax Act, 1967, apply, and whose spouse is a director within the meaning of the said section 119,

paragraph (a) of the proviso to subsection (2) shall not apply, inrespect of any tax deducted under Chapter IV of Part V of the Income Tax Act, 1967, in determining the amount of a surcharge under this section.”.

246 Amendment of Schedule 4 (administration) to Capital Gains Tax Act, 1975.

246.—Paragraph 3 of Schedule 4 to the Capital Gains Tax Act, 1975, is hereby amended by the insertion after subparagraph (4) of the following subparagraph:

“(4A) (a) An event which, apart from paragraph 2(2) of Schedule 2, as applied by paragraph 4 or 5 of that Schedule, would constitute the disposal of an asset shall, for the purposes of this paragraph, constitute such a disposal.

(b) An event which, apart from paragraph 2(2) of Schedule 2, as applied by paragraph 4 or 5 of that Schedule, would constitute the acquisition of an asset shall, for the purposes of this paragraph, constitute such an acquisition.”.

247 Amendment of section 143 (return of profits) or Corporation Tax Act, 1976.

247.—Section 143 (as amended by section 54 of the Finance Act, 1990) of the Corporation Tax Act, 1976, is hereby amended, as respects any accounting period ending on or after the 1st day of April, 1992—

(a) by the insertion of the following paragraph after paragraph (b) of subsection (1):

“(bb) all amounts of tax credits which are recoverable from the company under the provisions of sections 25 (5) and 26 (4),”,

(b) by the insertion after subsection (1) of the following subsection:

“(1A) An event which, apart from paragraph 2 (2) of Schedule 2 to the Capital Gains Tax Act, 1975, as applied by paragraph 4 or 5 of that Schedule, would constitute the disposal of an asset giving rise to a chargeable gain or an allowable loss under the provisions of the Capital Gains Tax Acts and this Act shall, for the purposes of this section, constitute such a disposal.”,

and

(c) by the substitution in subsection (6) of “Subparagraphs (3) and (4), and subparagraph (4A) (b) (inserted by the Finance Act, 1992), of paragraph 3 of Schedule 4 to the Capital Gains Tax Act, 1975” for “Paragraphs 3 (3) and (4) of Schedule 4 to the Capital Gains Tax Act, 1975”,

and the said subsection (6), as so amended, is set out in the Table to this section.

TABLE

(6) Subparagraphs (3) and (4), and subparagraph (4A) (b) (inserted by the Finance Act, 1992), of paragraph 3 of Schedule 4 to the Capital Gains Tax Act, 1975 (power to demand information about the acquisition of assets), shall apply in relation to a notice under this section as they apply in relation to a notice under any of the provisions of the Income Tax Acts, as applied in relation to capital gains tax by the said paragraph 3.

248 Amendment of certain provisions of Tax Acts, etc., relating to penalties.

248.—Where, after the passing of this Act (but with respect to any year of assessment, or, as the case may be, accounting period, whether ending before or ending after such passing), an act or omission occurs in respect of which a person would, but for this section, have incurred the penalty or penalties provided for in any provision of the Tax Acts or Part VI of the Finance Act, 1983, specified in column (2) of the Table to this section at any reference number, the person shall, in lieu of the penalty or penalties so provided for be liable to a penalty specified in column (3) of the said Table at that reference number and that provision shall be construed and have effect accordingly.

TABLE

Reference Number	Provision of the Tax Acts, etc.	Penalty.
(1)	(2)	(3)
		£
1.	Section 128 (1A) of the Income Tax Act, 1967	750
2.	Section 173 (6) of the Income Tax Act, 1967	1,200
3.	Section 426 (3) of the Income Tax Act, 1967	750
4.	Section 500 (1) of the Income Tax Act, 1967	750
5.	Section 500 (2) of the Income Tax Act, 1967	1,200
6.	Section 31 (5) of the Finance Act, 1979	1,000
7.	Section 45 (8) of the Finance Act, 1980	1,200
8.	Section 112 (1) (a) of the Finance Act, 1983	1,200
9.	Section 112 (3) of the Finance Act, 1983	2,500

PART VIII Miscellaneous

249 Capital Services Redemption Account.

249.—(1) In this section—

“the 1991 amending section” means section 123 of the Finance Act, 1991;

“capital services” has the same meaning as it has in the principal section;

“the forty-second additional annuity” means the sum charged on the Central Fund under subsection (4);

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

(2) In relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of December, 1992, subsection (4) of the 1991 amending section shall have effect with the substitution of “£48,887,319” for “£49,030,307”.

(3) Subsection (6) of the 1991 amending section shall have effect with the substitution of “£37,010,325” for “£37,685,800”.

(4) A sum of £50,386,760 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 December, 1992.

(5) The forty-second additional annuity shall be paid into the Capital Services Redemption Account in such manner and at such

times in the relevant financial year as the Minister for Finance may determine.

(6) Any amount of the forty-second additional annuity, not exceeding £38,728,400 in any financial year, shall be applied towards defraying the interest on the public debt.

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

250 Amendment of Provisional Collection of Taxes Act, 1927.

250.—The Provisional Collection of Taxes Act, 1927, is hereby amended by the substitution for section 4A (inserted by the Appropriation Act, 1991) of the following section:

“4A. Where Dáil Éireann, having passed a resolution under this Act, has been dissolved on the date the resolution was so passed or within four months of that date, then the period of dissolution shall be disregarded for the purposes of calculating any period to which paragraph (a) or (d) of section 4 of this Act relates.”.

251 Amendment of section 55 (payments to lessees under petroleum leases) of Petroleum and Other Minerals Development Act, 1960.

251.—Section 55 of the Petroleum and Other Minerals Development Act, 1960, is hereby amended by the substitution of “a payment, equal to the excess, may be paid by the Minister for Finance out of the Central Fund or the growing produce thereof for the purpose of payment to the lessee” for “the Minister, with the consent of the Minister for Finance, may, out of moneys provided by the Oireachtas, make to the lessee a payment equal to the excess”, and the said section, as so amended, is set out in the Table to this section.

TABLE

252 Voluntary Health Insurance Board levy.

252.—The Voluntary Health Insurance Board shall pay a levy of £3,000,000 into the Central Fund on or before the 30th day of June, 1992, in respect of the year 1992.

253 Care and management of taxes and duties.

253.—All taxes and duties (except the excise duties on mechanically propelled vehicles imposed by section 163) imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.

254 Short title, construction and commencement.

254.—(1) This Act may be cited as the Finance Act, 1992.

(2) Part I (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.

(3) Part II (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(4) Part III shall be construed together with the Value-Added Tax Acts, 1972 to 1991, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1992.

(5) Part IV shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(6) Part V shall be construed together with Part VI of the Finance Act, 1983.

(7) Part VI shall be construed together with the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act.

(8) Part VII (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts and (so far as relating to value-added tax) shall be construed together with the Value-Added Tax Acts, 1972 to 1992, and (so far as relating to stamp duties) shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act and (so far as relating to gift tax or inheritance tax) shall be construed together with the Capital Acquisitions Tax Act, 1976, and (so far as relating to residential property tax) shall be construed together with Part VI of the Finance Act, 1983, and (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(9) Part I 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, 1992.

(10) In relation to Part II, Chapter III shall come into operation on the 1st day of July, 1992.

(11) In relation to Part III:

(a) sections 164, 173 (1), 175 (1) and 197 (1) shall be deemed to have come into force and shall take effect as on and from the 1st day of March, 1992;

(b) subparagraph (ii) of paragraph (a) of section 165, paragraph (b) of subsection (1) and paragraph (f) of subsection (2) of section 170, section 171, section 173 (2), paragraphs (b) and (d) of subsection (1) of section 177, paragraphs (a) and (b) of section 178, paragraph (a) and subparagraph (i) of paragraph (b) of section 179, paragraph (b) of section 180, subparagraphs (ii) and (iv) of paragraph (a) and paragraph (b) of section 181, paragraphs (a), (b) and (d) of subsection (1) of section 184, sections 185, 186 and 187, subparagraph (ii) of paragraph (a) and paragraphs (b), (c), (d), (e) and (f) of section 188, paragraph (b) of section 190, paragraphs (a) and (b) of section 191, section 193, paragraphs (b) and (d) of subsection (1) of section 194, paragraph (a) and subparagraph (i) of paragraph (b) of subsection (1) of section 195 and paragraph (a) of section 196, sections 197 (2) and 198 shall have effect as on and from the date of passing of this Act;

(c) paragraph (a) of subsection (1) of section 170, paragraphs (a), (c) and (e) of subsection (1) of section 194, subparagraphs (iii), (iv) and (v) of paragraph (b) of subsection (1) of section 195, paragraph (b) of section 196 and section 197 (3) shall take effect as on and from the 1st day of July, 1992;

(d) subparagraph (v) of paragraph (a) of section 165, subparagraphs (iii), (iv) and (v) of paragraph (b) of section 179, paragraph (c) of section 180, paragraphs (a) and (b) of section 189, paragraph (a) of section 190, paragraph (c) of section 191, paragraph (b) of section 192 and subparagraph (ii) of paragraph (b) of subsection (1) of section 195 shall take effect as on and from the 1st day of November, 1992; and

(e) the provisions of this Part, other than those specified in paragraphs (a) to (d), shall take effect as on and from the 1st day of January, 1993.

(12) 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.

(13) In this Act, a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(14) In this Act, a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

FIRST SCHEDULE

PART I Table to section 4 (4) of the Finance Act, 1982, as respects the year 1992-93

“TABLE

Business mileage		Percentage
lower limit	upper limit
(1)	(2)	(3)
Miles	Miles
15,000	16,000	97 per cent.
16,000	17,000	95 per cent.
17,000	18,000	90 per cent.
18,000	19,000	80 percent.
19,000	20,000	70 per cent.
20,000	21,000	60 per cent.
21,000	22,000	50 per cent.
22,000	23,000	40 per cent.
23,000	24,000	35 per cent.
24,000	25,000	30 per cent.
25,000	26,000	25 per cent.
26,000	27,000	20 per cent.
27,000	28,000	17 per cent.
28,000	29,000	14 per cent.
29,000	30,000	10 per cent.
30,000	—	5 per cent.

”.

PART II Table to section 4 (4) of the Finance Act, 1982, as respects the year 1993-94

“TABLE

Business mileage		Percentage
lower limit	upper limit
(1)	(2)	(3)
Miles	Miles
15,000	16,000	97 per cent.
16,000	17,000	95 per cent.
17,000	18,000	90 per cent.
18,000	19,000	80 per cent.
19,000	20,000	70 per cent.
20,000	21,000	60 percent.
21,000	22,000	55 per cent.
22,000	23,000	45 per cent.
23,000	24,000	40 per cent.
24,000	25,000	35 per cent.
25,000	26,000	30 per cent.
26,000	27,000	25 per cent.
27,000	28,000	20 percent.
28,000	29,000	18 per cent.
29,000	30,000	15 per cent.
30,000	—	10 per cent.

”.

PART III Table to section 4 (4) of the Finance Act, 1982, as respects the year 1994-95

“TABLE

Business mileage		Percentage
lower limit	upper limit
(1)	(2)	(3)
Miles	Miles
15,000	16,000	97 per cent.
16,000	17,000	95 per cent.
17,000	18,000	90 per cent.
18,000	19,000	85 per cent.
19,000	20,000	75 per cent.
20,000	21,000	65 per cent.
21,000	22,000	60 per cent.
22,000	23,000	50 per cent.
23,000	24,000	45 per cent.
24,000	25,000	40 per cent.
25,000	26,000	35 per cent.
26,000	27,000	30 per cent.
27,000	28,000	25 per cent.
28,000	29,000	22 per cent.
29,000	30,000	20 per cent.
30,000	—	15 per cent.

”.

PART IV Table to section 4 (4) of the Finance Act, 1982, as respects the year 1995-96

“TABLE

Business mileage		Percentage
lower limit	upper limit
(1)	(2)	(3)
Miles	Miles
15,000	16,000	97 per cent.
16,000	17,000	95 per cent.
17,000	18,000	90 per cent.
18,000	19,000	85 per cent.
19,000	20,000	75 per cent.
20,000	21,000	70 per cent.
21,000	22,000	65 per cent.
22,000	23,000	55 per cent.
23,000	24,000	50 per cent.
24,000	25,000	45 per cent.
25,000	26,000	40 per cent.
26,000	27,000	35 per cent.
27,000	28,000	30 per cent.
28,000	29,000	28 per cent.
29,000	30,000	25 per cent.
30,000	—	20 per cent.

”.

PART V Table to section 4 (4) of the Finance Act, 1982, as respects the year 1996-97 and subsequent years of assessment

“TABLE

Business mileage		Percentage
lower limit	upper limit
(1)	(2)	(3)
Miles	Miles
15,000	16,000	97 per cent.
16,000	17,000	95 per cent.
17,000	18,000	90 per cent.
18,000	19,000	85 per cent.
19,000	20,000	80 per cent.
20,000	21,000	75 per cent.
21,000	22,000	70 per cent.
22,000	23,000	65 per cent.
23,000	24,000	60 per cent.
24,000	25,000	55 per cent.
25,000	26,000	50 per cent.
26,000	27,000	45 per cent.
27,000	28,000	40 per cent.
28,000	29,000	35 per cent.
29,000	30,000	30 per cent.
30,000	—	25 per cent.

”.

SECOND SCHEDULE

1.	A Minister of the Government.
2.	A local authority within the meaning of section 2 (2) of the Local Government Act, 1941.
3.	A body established under the Local Government Services (Corporate Bodies) Act, 1971.
4.	A health board.
5.	The General Medical Services (Payments) Board established under the General Medical Services (Payments) Board (Establishment) Order, 1972 (S.I. No. 184 of 1972).
6.	The Attorney General.
7.	The Comptroller and Auditor General.
8.	The Director of Public Prosecutions.
9.	The Commissioner of Valuation.
10.	The Chief Boundary Surveyor.
11.	The Director of Ordnance Survey.
12.	The Revenue Commissioners.
13.	The Civil Service Commissioners.
14.	The Commissioners of Public Works in Ireland.
15.	The Clerk of Dáil Éireann.
16.	The Legal Aid Board.
17.	A vocational education committee or a regional technical college established under the Vocational Education Act, 1930.
18.	Teagasc.
19.	A harbour authority.
20.	An Foras Áiseanna Saothair.
21.	Údarás na Gaeltachta.
22.	The Industrial Development Authority.
23.	An Bord Tráchtála — The Irish Trade Board.
24.	Shannon Free Airport Development Company Limited.
25.	Bord Fáilte Éireann.
26.	An institution of higher education within the meaning of the Higher Education Authority Act, 1971.
27.	CERT Limited.
28.	Eolas — The Irish Science and Technology Agency.
29.	The Radiological Protection Institute of Ireland.
30.	A voluntary public or joint board hospital to which grants are paid by the Minister for Health in the year 1988-89 or any subsequent year of assessment.
31.	An authorised insurer within the meaning of section 145 of the Income Tax Act, 1967.
32.	An Bord Glas.
33.	An Bord Pleanála.
34.	ACC Bank public limited company.
35.	Aer Lingus public limited company.
36.	Aerlínte Éireann cuideachta phoiblí theoranta.
37.	Aer Rianta cuideachta phoibli theoranta.
38.	Arramara Teoranta.
39.	Blood Transfusion Service Board.
40.	Bord na gCon.
41.	Bord Gáis Éireann.
42.	Bord Iascaigh Mhara.
43.	Bord na Móna.
44.	Bord Telecom Éireann.
45.	Coillte Teoranta.
46.	Coras Beostoic agus Feola.
47.	Coras Iompair Éireann.
48.	Custom House Docks Development Authority.
49.	Electricity Supply Board.
50.	Housing Finance Agency public limited company.
51.	Industrial Credit Corporation public limited company.
52.	Irish National Petroleum Corporation Limited.
53.	Irish National Stud Company Limited.
54.	Irish Steel Limited.
55.	National Building Agency Limited.
56.	National Concert Hall Company Limited.
57.	An Post National Lottery Company.
58.	Nítrigin Éireann Teoranta.
59.	An Post.
60.	The Racing Board.
61.	Radio Telefis Éireann.
62.	Royal Hospital Kilmainham Company.

THIRD SCHEDULE

PART I Repeal of Provisions relating to Excise Duty on Beer

Session and Chapter or Year and Number	Short Title	Extent of Repeal
(1)	(2)	(3)
43 & 44 Vict., c. 20.	Inland Revenue Act, 1880.	Section 2, subsection (3) of section 10, subsections (1), (3) and (4) of section 13, and sections 14, 15, 16,18, 20, 22, 23, 24, 25, 26, 27, 28, 35, 36, 37, 38 and 39.
44 & 45 Vict., c. 12.	Customs and Inland Revenue Act, 1881	Sections 4, 5 and 6.
48 & 49 Vict., c. 51.	Customs and Inland Rev enue Act, 1885.	Subsection (1) of section 4, and sections 6, 7 and 8.
52 & 53 Vict., c. 7.	Customs and Inland Revenue Act, 1889.	Section 3.
59 & 60 Vict., c. 28.	Finance Act, 1896.	Sections 10 and 11.
9 Edw. 7, c. 43.	Revenue Act, 1909.	Section 6.
5 & 6 Geo. 5, c. 7.	Finance Act, 1914 (Session 2).	Sections 6 and 7.
5 & 6 Geo. 5, c. 62.	Finance Act, 1915.	Section 4.
8 & 9 Geo. 5, c. 15.	Finance Act, 1918.	Section 12.
1963, No. 23.	Finance Act, 1963.	Section 30.
1984, No. 9.	Finance Act, 1984.	Subsection (3) of section 69.
1986, No. 13.	Finance Act, 1986.	Subsection (3) of section 67.
1989, No. 10.	Finance Act, 1989.	Subsection (4) of section 51.

PART II

Repeal of Provisions relating to Spirits Retailers' On-Licences

Session and Chapter	Short Title	Extent of Repeal
(1)	(2)	(3)
6 Geo. 4, c. 81.	Excise Licences Act, 1825.	Section 5.
4 & 5 Will. 4, c. 75.	Excise Act, 1834.	Section 9.
43 & 44 Vict., c. 20.	Inland Revenue Act, 1880.	Subsection 7 of section 43.
10 Edw. 7, c. 8.	Finance (1909-10) Act, 1910	Sections 44, 45, 46, 47. Provisions 3 and 4 of the provisions under the Heading “Provisions applicable to Retailers' On-Licences” in the First Schedule.

FOURTH SCHEDULE

Description of Product	Rate of Duty
Cigarettes	£47.75 per thousand together with an amount equal to 16.48 per cent. of the price at which the cigarettes are sold by retail
Cigars	£73.562 per kilogram
Sweetened pipe tobacco	£74.337 per kilogram
Hard pressed tobacco	£47.538 per kilogram
Other pipe tobacco	£59.756 per kilogram
Other smoking or chewing tobacco	£62.075 per kilogram

FIFTH SCHEDULE Rates of Excise Duty on Cider and Perry

Description of Cider and Perry	Rate of Duty
Of an actual alcoholic strength by volume not exceeding 6 vol	£1.13 per gallon
Of an actual alcoholic strength by volume exceeding 6 vol but not exceeding 8.7 vol	£4.89 per gallon
Of an actual alcoholic strength by volume exceeding 8.7 vol	£9.27 per gallon

SIXTH SCHEDULE Rates of Excise Duty on Certain Licences

PART I Intoxicating Liquor Licences

(1)	(2)	(3)
Reference Number	Description of Licence	Rate of Duty
	MANUFACTURERS' LICENCES
	Licence to be taken out annually by:
1.	Distiller of spirits	£200
2.	Rectifier or compounder of spirits	£200
3.	Brewer of beer for sale	£200
4.	Maker for sale of sweets	£200
5.	Maker of cider or perry for sale	£200
	WHOLESALE DEALERS' LICENCES
	Licence to be taken out annually by:
6.	Wholesale dealer in spirits	£200
7.	Wholesale dealer in beer	£200
8.	Wholesale dealer in wine	£200
9.	Wholesale dealer in spirits of wine	£200
	RETAILERS' ON-LICENCES
	Licence to be taken out annually by:
10.	Retailer of beer	£200
11.	Retailer of wine	£200
12.	Retailer of sweets	£200
13	Retailer of cider	£200
	RETAILERS' OFF-LICENCES
	Licence to be taken out annually by:
14.	Retailer of spirits	£200
15.	Retailer of beer	£200
16.	Retailer of cider	£200
17.	Retailer of wine	£200
18.	Retailer of sweets	£200
	PASSENGER VESSEL LICENCES
19.	Licence to be taken out annually in respect of a passenger vessel by the master or other person belonging to the vessel nominated by the owner of the vessel	£200
20.	Licence to be taken out in respect of a passenger vessel by the master or other person belonging to the vessel nominated by the owner of the vessel, and to be in force for one day only	£40
	RAILWAY RESTAURANT CAR LICENCES
21.	Licence to be taken out annually in respect of a railway restaurant car by the railway company or other person owning the car	£200
	PASSENGER AIRCRAFT LICENCES
22.	Licence to be taken out annually by an air transport concern in respect of an aircraft in flight owned or hired by that concern	£200

PART II Firearm Certificates

Description of Certificate	Rate of Duty
For a firearm certificate for a pistol, including an air pistol, or revolver	£30
For a firearm certificate for a rifle, including a miniature rifle	£30
For a firearm certificate for an airgun, including an air rifle	£30
For a firearm certificate for a prohibited weapon	£5
For a firearm certificate for a shot-gun to which the provisions of section 12 of the Firearms Act, 1964, apply	£5
For any other firearm certificate—
For one such certificate	£20
Where two or more such certificates are granted to the same person (not necessarily at the same time) and expire on the same date—
For the first such certificate	£20
For the second and every subsequent such certificate	£5

PART III Gaming Licences

Description of Licence	Rate of Duty
Where the period for which the licence is to be issued as specified in the certificate under the Gaming and Lotteries Act, 1956, authorising the issue of the licence—
(a) does not exceed three months	£125
(b) exceeds three months but does not exceed six months	£250
(c) exceeds six months but does not exceed nine months	£375
(d) exceeds nine months	£500

PART IV Other Licences

(1)	(2)	(3)	(4)	(5)
Reference Number	Description of licence	Enactment imposing theduty	Operative date	Rate of Duty
1.	Auctioneer's licence	Section 11 of Finance Act, 1947	6th day of July, 1992	£200
2.	Auction permit	Section 12 of Finance Act, 1947	6th day of July, 1992	£200
3.	House agent's licence	Section 13 of Finance Act, 1947	6th day of July, 1992	£100
4.	Bookmaker's licence	Section 17 of Finance Act, 1931	1st day of December, 1992	£200
5.	Bookmaker's premises registration certificate	Section 18 of Finance Act, 1931	1st day of December, 1992	£200
6.	Hydrocarbon oil refiner's licence	Section 1(4) of Finance (Miscellaneous Provisions) Act, 1935	1st day of February, 1993	£150
7.	Methylated spirits maker's licence	Section 27 of Revenue Act, 1889	1st day of October, 1992	£150
8.	Methylated spirits retailer's licence	Section 27 of Revenue Act, 1889	1st day of October, 1992	£10
9.	Moneylender's licence	Section 18(1) of Finance Act, 1933	1st day of August, 1992	£300
10.	Pawnbroker's licence	Section 18 of Finance Act, 1965	1st day of August, 1992	£300
11.	Tobacco products manufacturer's licence	Section 10(1) of Finance (Excise Duty on Tobacco Products) Act, 1977	1st day of January, 1993	£150

SEVENTH SCHEDULE Stamp Duty on Instruments

PART I Conveyance or Transfer on Sale of any Stocks or Marketable Securities

“CONVEYANCE or TRANSFER on sale of any stocks or marketable securities:
For every £100, or any fractional part of £100, of the consideration	£1.00

”.

PART II Conveyance or Transfer on Sale of Policy of Insurance or Policy of Life Insurance

“CONVEYANCE or TRANSFER on sale of a policy of insurance or a policy of life insurance where the risk to which the policy relates is located in the State:
or every £1,000 or any fractional part of £1,000 of the consideration	£1.00

”.

PART III Conveyances or Transfers of certain other Kinds

“CONVEYANCE or TRANSFER of any kind not hereinbefore described.
Where such instrument relates to—
(a) immovable property situated in the State, or any right over or interest in such property, or
(b) the stocks or marketable securities of a company having a register in the State	£10

”.

PART IV Deeds

“DEED of any kind whatsoever, not described in this schedule.
Where such instrument relates to—
(a) immovable property situated in the State, or any right over or interest in such property, or
(b) the stocks or marketable securities of a company having a register in the State	£10

”.

PART V Mortgages, Bonds, Debentures and certain Covenants

“MORTGAGE, BOND, DEBENTURE, COVENANT (except a marketable security) which is a security for the payment or repayment of money which is a charge or incumbrance upon property situated in the State other than shares in stocks or funds of the Government or the Oireachtas.
(1) Being the only or principal or primary security (other than an equitable mortgage):
where the amount secured does not exceed £20,000	Exempt
where the amount secured exceeds £20,000:
for every £1,000, or any fractional part of £1,000 of the amount secured	£1.00
Provided that the duty so charged shall not exceed £500.
(2) Being a collateral, or auxiliary, or additional, or substituted security (other than an equitable mortgage), or by way of further assurance for the above-mentioned purpose where the principal or primary security is duly stamped:
where the amount secured does not exceed £20,000	Exempt
where the amount secured exceeds £20,000	£10.00
(3) Being an equitable mortgage:
where the amount secured does not exceed £20,000	Exempt
where the amount secured exceeds £20,000:
for every £1,000 or any fractional part of £1,000, of the amount secured	50p
Provided that the duty so charged shall not exceed £500.
(4) TRANSFER, ASSIGNMENT or DISPOSITION of any such mortgage, bond, debenture, or covenant (except a marketable security) or of any money or stock secured by any such instrument or by any judgement:
where the amount secured does not exceed £20,000	Exempt
where the amount secured exceeds £20,000:
for every £1,000, or any fractional part of £1,000, of the amount transferred, assigned, or disposed, exclusive of interest which is not in arrear	50p
Provided that the duty so charged shall not exceed £500.
Where any further money is added to the money already secured	The same duty as a principal security for such further money

”.