Finance Act , 1993

Provided that where the last day of the period within which the preliminary tax is due and payable is a day after the 28th day of the month in which that period ends the preliminary tax shall be due and payable not later than the 28th day of the said month,”,

and

(b) by the substitution of “, the last day of that period of 6 months or the 28th day of the month in which that period of 6 months ends, as the case may be” for “or the last day of that period of 7 months, as the case may be”.

41 Amendment of section 50 (returns and collection of advance corporation tax) of Finance Act, 1983.

41.—Section 50 (as amended by the Finance Act, 1990) of the Finance Act, 1983, is hereby amended, as respects accounting periods ending on or after the 1st day of May, 1993, by the insertion after subsection (6) of the following proviso to that subsection:

“Provided that where the last day of the period within which the advance corporation tax is due is a day after the 28th day of the month in which that period ends the advance corporation tax shall be due not later than the 28th day of the said month.”.

42 Amendment of section 1 (introduction for companies of corporation tax in place of income tax, corporation profits tax and capital gains tax) of Corporation Tax Act, 1976.

42.—(1) Section 1 (5) (as amended by section 29 of the Finance Act, 1990) of the Corporation Tax Act, 1976, is hereby amended by the insertion in paragraph (a) after “body corporate” of “and includes a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989,”, and the said paragraph (a), as so amended, other than subparagraphs (i) to (iv) thereof, is set out in the Table to this section.

(2) This section shall have and be deemed to have had effect as on and from the 1st day of April, 1993.

TABLE

(a) “company” means any body corporate and includes a trustee savings bank within the meaning of the Trustee Savings Banks Act, 1989, but does not include—

43 Cesser of section 337 (savings banks) of Income Tax Act, 1967.

43.—(1) Section 337 (as amended by section 61 of the Finance Act, 1990) of the Income Tax Act, 1967, shall not apply or have effect in relation to any interest, dividends, profits or gains arising to a trustee savings bank, within the meaning of the Trustee Savings Banks Act, 1989, on or after the 1st day of April, 1993:

Provided that the trading income of a trustee savings bank shall, for the purpose of assessment to corporation tax, be reduced—

(a) as respects accounting periods falling in the period beginning on the 1st day of April, 1993, and ending on the 31st day of March, 1994, by 75 per cent. of the amount of that income,

(b) as respects accounting periods falling in the period beginning on the 1st day of April, 1994, and ending on the 31st day of March, 1995, by 50 per cent. of the amount of that income, and

(c) as respects accounting periods falling in the period beginning on the 1st day of April, 1995, and ending on the 31st day of March, 1996, by 25 per cent. of the amount of that income.

(2) For the purposes of this section—

(a) where an accounting period begins before the 1st day of April, 1994, and ends on or after that day, it shall be divided into two parts, one beginning on the day on which the accounting period begins and ending on the 31st day of March, 1994, and the other beginning on the 1st day of April, 1994, and ending on the day on which the accounting period ends,

(b) where an accounting period begins before the 1st day of April, 1995, and ends on or after that day, it shall be divided into two parts, one beginning on the day on which the accounting period begins and ending on the 31st day of March, 1995, and the other beginning on the 1st day of April, 1995, and ending on the day on which the accounting period ends, and

(c) where an accounting period begins before the 1st day of April, 1996, and ends on or after that day, it shall be divided into two parts, one beginning on the day on which the accounting period begins and ending on the 31st day of March, 1996, and the other beginning on the 1st day of April, 1996, and ending on the day on which the accounting period ends,

and, in each case, both of the parts shall be treated as if they were separate accounting periods.

44 Amendment of section 39 (meaning of “goods”) of Finance Act, 1980.

44.—(1) Section 39 (as amended by section 47) of the Finance Act, 1980, is hereby amended—

(a) in subsection (3), by the insertion, after paragraph (a), of the following proviso:

“Provided that the rendering to the intervention agency of services consisting of the subjecting of meat belonging to the agency to a process of manufacture that is carried out in an establishment specified in subsection (1CC6) (a) shall not be regarded as a sale of goods to the agency.”,

(b) in subsection (1CC9) (inserted by section 47 of the Finance Act, 1992)—

(i) in paragraph (a)—

(I) by the substitution of the following definitions for the definitions of “qualifying company” and “qualifying trade”:

“‘qualifying company’ means a company to which a certificate under paragraph (b) relates;”,

“‘qualifying trade’ means a trade carried on by a company which consists wholly or mainly of the manufacture of milk products;”, and

(II) by the insertion of the following subparagraph after the definition of “relevant product”:

“For the purposes of this subsection, other than this subparagraph, where a trade consists partly of the manufacture of milk products, then, unless the trade consists mainly of the application of a process of pasteurisation to milk, the part of the trade which consists of the manufacture of milk products shall be treated as a separate trade.”,

and

(ii) by the substitution for paragraph (b) of the following paragraph:

“(b) (i) Where the Minister for Agriculture, Food and Forestry is satisfied that a company—

(I) carried on a qualifying trade during the whole of the period of 3 years ending immediately before the day from which the certificate specified subsequently in this paragraph has effect,

(II) is carrying on a qualifying trade and intends to continue to carry it on for a period which when added to the period for which it has been carrying it on will amount to not less than 3 years, or

(III) intends to carry on a qualifying trade for a period of not less than 3 years,

he may, after consultation with the Minister for Finance, give a certificate to the company stating that the company may, for the purposes of this subsection, be treated as a qualifying company, and, whenever such a certificate is given to a company, it shall be so treated during the period for which the certificate has effect.

(ii) A certificate under this subsection—

(I) shall have effect for the period beginning on such day, whether before or after the day on which it is given, as may be specified therein and ending on the day which is 2 years after that day, and

(II) may be revoked by the Minister for Agriculture, Food and Forestry, after consultation with the Minister for Finance.

(iii) Notice of a revocation under subparagraph (ii) shall be published as soon as may be in Iris Oifigiúil and the revocation shall have effect as on and from the thirtieth day after the day on which it is so published.”,

and

(c) by the insertion after subsection (1CC10) of the following subsection:

“(1CC11) (a) In this subsection ‘newspaper’ means a newspaper—

(i) the contents of each issue of which consist wholly or mainly, as regards the quantity of printed matter contained therein, of information on the principal current events and topics of general public interest,

(ii) the format of which is commonly regarded as newspaper format, and

(iii) which is—

(I) printed on newsprint,

(II) intended to be sold to the public, and

(III) normally published at least fortnightly.

(b) The following provisions shall apply for the purposes of relief under this Chapter in relation to a company that carries on a trade which consists of or includes the production in the State of a newspaper:

(i) the production of the newspaper (including the rendering of advertising services in the course of the production of the newspaper) by the company shall be regarded as the manufacture within the State of goods,

(ii) any amount receivable—

(I) from the sale of copies of the newspaper, or

(II) from the rendering by the company of advertising services in the course of the production of the newspaper,

shall be regarded as an amount receivable from the sale of goods,

and

(iii) subsection (1D) shall have effect as respects the company in relation to a claim by it for relief from tax by virtue of this subsection as it has effect as respects a company in relation to a claim by it for relief from tax by virtue of subsection (1B) or (1C).”,

and

(d) in subsection (6), by the substitution for “For the purposes” of “Subject to subsection (1CC11), for the purposes”.

(2) This section shall have and be deemed to have had effect in relation to a company—

(a) as respects paragraph (a) of subsection (1), for any relevant accounting period (within the meaning of section 38 of the Finance Act, 1980) of the company, and

(b) as respects paragraphs (b), (c) and (d) of subsection (1), for accounting periods of the company ending on or after the 1st day of April, 1992.

45 Amendment of section 84A (limitation on meaning of “distribution”) of Corporation Tax Act, 1976.

45.—(1) Section 84A (as amended by section 40 of the Finance Act, 1992) of the Corporation Tax Act, 1976, is hereby amended—

(a) by the substitution of the following paragraph for paragraph (c) of subsection (3A):

“(c) For the purposes of this subsection and subsection (3B)—

(i) relevant principal advanced by a company at any time on or after a day includes any relevant principal advanced on or after that day to a borrower under an agreement entered into before that day, and

(ii) where, on or after the 6th day of May, 1993, a period of repayment of relevant principal advanced by a company is extended (whether or not the right to such an extension arose out of the terms of the agreement to advance the said relevant principal), the company shall be treated as having—

(I) received repayment of the said relevant principal, and

(II) advanced a corresponding amount of relevant principal,

on the date on which, apart from the said extension, the said relevant principal fell to be repaid.”,

and

(b) by the substitution of the following subparagraph for subparagraph (iii) of paragraph (b) of subsection (3B):

“(iii) the borrower is not a company which carries on relevant trading operations (within the meaning of section 39B of the Finance Act, 1980) or intends to carry on such trading operations:”.

(2) Subsection (1) (b) shall be deemed to have applied and have effect as on and from the 1st day of August, 1992.

46 Tax credit for recipients of certain distributions.

46.—(1) This section applies to a distribution made by a company (hereafter in this section referred to as the “distributing company”) which carries on a specified trade (being a specified trade within the meaning assigned to it by section 84A (6) of the Corporation Tax Act, 1976) and which is a distribution by virtue only of subparagraph (ii), (iii) (I) or (v) of section 84 (2) (d) of the Corporation Tax Act, 1976.

(2) If a distribution to which this section applies, made on or after the 25th day of May, 1993, or part of such a distribution, is not otherwise a relevant distribution for the purposes of subsection (3) of section 45 (as amended by the Finance Act, 1989) of the Finance Act, 1980, then, notwithstanding any provision to the contrary in the said section 45, the distribution or part of it, as the case may be, shall be deemed, for the purposes of the said subsection (3), to be a relevant distribution.

(3) Where, on or after the 1st day of January, 1992, and before the 25th day of May, 1993, a company makes a distribution to which this section applies, the distributing company and the recipient of the distribution may, by notice in writing, jointly elect that subsection (2) shall apply to that distribution as if the reference therein to the 25th day of May, 1993, were a reference to the 1st day of January, 1992, and where such an election is made, subsection (2) shall apply to the said distribution accordingly.

(4) An election under subsection (3) shall be included with the return which is required, under section 10 of the Finance Act, 1988, to be made by the distributing company for the accounting period in which the distribution is made:

Provided that, notwithstanding that an election was not included with any return made on or before the 31st day of May, 1993, it shall be deemed to have been so included if the election is delivered to the appropriate inspector (within the meaning of section 9 of the Finance Act, 1988) within a period of two months after that date.

(5) Section 45 (7) (as amended by the Finance Act, 1989) of the Finance Act, 1980, is hereby amended by the insertion, after “this section”, of “and section 46 of the Finance Act, 1993”:

Provided that to the extent that an assessment under the said section 45 (7) would, apart from this proviso, have fallen to be made on a distributing company but would not have fallen to be so made if an election under subsection (3) had not been made, an assessment under the said section 45 (7) shall not be made on the company.

(6) This section shall be deemed to have had effect as on and from the 1st day of January, 1992.

47 Taxation of certain foreign currency transactions.

47.—(1) In this section—

“relevant liability”, in relation to an accounting period, means relevant principal—

(a) denominated in a currency other than the currency of the State, and

(b) the interest in respect of which—

(i) falls to be treated as a distribution for the purposes of the Corporation Tax Act, 1976, and

(ii) is computed on the basis of a rate which, at any time in that accounting period, exceeds 80 per cent. of the specified rate at that time;

“relevant principal” means an amount of money advanced to a borrower by a company the ordinary trading activities of which include the lending of money where—

(a) the consideration given by the borrower for that amount is a security falling within subparagraph (ii), (iii) (I) or (v) of section 84 (2) (d) of the Corporation Tax Act, 1976, and

(b) interest or any other distribution is paid out of the assets of the borrower in respect of that security;

“specified rate” means—

(a) the rate known as the three month Dublin Interbank Offered Rate a record of which is maintained by the Central Bank of Ireland, or

(b) where such a record was not maintained, the rate known as the Interbank market three month fixed rate as published in the statistical appendices of the bulletins and annual reports of the Central Bank of Ireland.

(2) Notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts, a profit or loss from any foreign exchange transaction, being a profit or loss which arises in an accounting period—

(a) in connection with relevant principal which, in relation to the accounting period, is a relevant liability, and

(b) to a company which, in relation to the said relevant liability, is the borrower,

shall, for the purposes of those Acts, be deemed to be a profit or gain or a loss, as the case may be, of the trade carried on by the borrower in the course of which trade the relevant liability is used.

(3) Section 39 of the Finance Act, 1980, is hereby amended by the insertion, after subsection (1CC9), of the following subsection—

“(1CC10) The following provisions shall apply, for the purposes of relief under this Chapter, to a company to which a profit or loss specified in section 47 of the Finance Act, 1993, arises:

(a) the amount of any profit which is deemed by that section to be a profit or gain of the trade carried on by the company shall be regarded as an amount receivable from the sale of goods, and

(b) subsection (ID) shall have effect as respects the company in relation to a claim by it for relief from tax by virtue of this subsection as it has effect as respects a company in relation to a claim by it for relief from tax by virtue of subsection (IB) or (1C).”.

(4) This section shall have and be deemed to have had effect in relation to a company—

(a) as respects subsection (2), for all accounting periods (within the meaning of section 9 of the Corporation Tax Act, 1976) of the company, and

(b) as respects subsection (3), for any relevant accounting period (within the meaning of section 38 of the Finance Act, 1980) of the company.

48 Amendment of section 35 (relief for investment in films) of Finance Act, 1987.

48.—Section 35 of the Finance Act, 1987, is hereby amended, as respects relevant investments made on or after the 6th day of May, 1993—

(a) in subsection (1)—

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

“ ‘qualifying film’ means a film in respect of which—

(a) not less than 75 per cent. of the work on the production of the film is carried out in the State, and

(b) not more than 60 per cent. of the cost of the production of the film is met by relevant investments:

Provided that where paragraph (b) is complied with in relation to a film and paragraph (a) is not but not less than 10 per cent, of the said work is carried out in the State and the Minister for Arts, Culture and the Gaeltacht gives a certificate to the qualifying company concerned stating that the film may be treated as a qualifying film for the purposes of this section, the film shall be so treated and the certificate shall be published in Iris Oifigiúil as soon as may be after it is given:

Provided also that where, in relation to a film referred to in the foregoing proviso, the percentage of the work aforesaid carried out in the State (referred to subsequently in this proviso as the specified percentage) is less than 60 per cent., paragraph (b) shall be construed as if the reference to 60 per cent. were a reference to the specified percentage;”,

(ii) by the insertion of the following definition after the definition of “qualifying film”:

“ ‘qualifying individual’ means, in relation to a qualifying company, an individual who is not connected with the company;”,

(iii) by the substitution of the following definition for the definition of “qualifying period” (as amended by section 58 of the Finance Act, 1992):

“ ‘qualifying period’ means—

(a) in relation to an allowable investor company, the period commencing on the 9th day of July, 1987, and ending on the 31st day of March, 1996, and

(b) in relation to a qualifying individual, the period commencing on the 6th day of May, 1993, and ending on the 5th day of April, 1996;”,

and

(iv) by the substitution of the following paragraphs for paragraphs (a) and (b) of the definition of “relevant investment”:

“(a) paid in the qualifying period to a qualifying company, whether in respect of shares in the company or otherwise, by an allowable investor company on its own behalf or by a qualifying individual on his own behalf, and

(b) paid by the allowable investor company or the qualifying individual, as the case may be, for the purpose of enabling the qualifying company to produce a qualifying film, and”,

(b) in subsection (2), by the substitution of “on making a claim in that behalf” for “on due claim and on proof of the facts”,

(c) in subsection (3) (inserted by section 28 of the Finance Act, 1989), by the substitution of “£350,000” for “£200,000”, in each place where it occurs, and of “£1,050,000” for “£600,000”, in both places where it occurs,

(d) by the insertion of the following subsections after subsection (3):

“(3A) Subject to the provisions of this section, where, in any year of assessment, a qualifying individual makes a relevant investment, he shall, on making a claim in that behalf, be given a deduction of the amount of that investment from his total income for that year of assessment.

(3B) A deduction shall not be given under this section in respect of any relevant investment made by a qualifying individual in a qualifying company in any year of assessment unless the amount of that relevant investment, or the total amount of the relevant investments, made by him in the qualifying company in that year is £200 or more:

Provided that, in the case of a qualifying individual who is a husband assessed to tax for a year of assessment in accordance with the provisions of section 194 (inserted by section 18 of the Finance Act, 1980) of the Income Tax Act, 1967, any relevant investment made by his spouse in the qualifying company in that year of assessment shall be deemed to have been made by him.

(3C) A deduction shall not be given to a qualifying individual under this section for a year of assessment to the extent to which the amount of the relevant investment, or the total amount of the relevant investments (whether or not made in the same qualifying company), made by him in that year of assessment exceeds £25,000.

(3D) If, for any year of assessment, a greater deduction would be given to a qualifying individual under this section but for either or both of the following reasons, that is to say—

(a) an insufficiency of total income, or

(b) the operation of subsection (3C),

the amount of the deduction which would be given to him under this section but for either or both of those reasons, less the amount of the deduction which is given to him under this section for that year of assessment shall be carried forward to the next year of assessment and shall be treated for the purposes of this section as a relevant investment made by him in that following year:

Provided that this subsection shall not apply or have effect for any year of assessment after the year 1995-96.

(3E) If, and so far as, an amount once carried forward to a year of assessment under subsection (3D) (and treated as a relevant investment made by a qualifying individual in that year of assessment) is not deducted from the qualifying individual's total income for that year of assessment, it shall be carried forward again to the next following year of assessment (and treated as a relevant investment made by him in that next following year), and so on for succeeding years of assessment:

Provided that this subsection shall not apply or have effect for any year of assessment after the year 1995-96.

(3F) A deduction under this section shall be given to a qualifying individual for any year of assessment as follows:

(a) firstly, in respect of an amount carried forward from an earlier year of assessment in accordance with the provisions of subsection (3D) or (3E), and, in respect of such an amount so carried forward, for an earlier year of assessment in priority to a later year of assessment, and

(b) then, and only then, in respect of any other amount for which a deduction is to be given in that year of assessment.”,

(e) in subsection (4)—

(i) by the deletion of “the inspector is satisfied that”, and

(ii) by the substitution of “the company or the individual, as the case may be, making the claim” for “it appears that the company making the claim”,

(f) by the substitution of the following subsection for subsection (5):

“(5) An allowable investor company or a qualifying individual shall not be entitled to relief in respect of a relevant investment unless the relevant investment—

(a) has been made for bona fide commercial reasons and not as part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax,

(b) has been, or will be, used in the production of a qualifying film, and

(c) is made at the risk of the allowable investor company or the qualifying individual, as the case may be, and—

(i) in a case where it is made by an allowable investor company, neither the company nor any person who would be regarded as connected with the company, or,

(ii) in a case where it is made by a qualifying individual, neither the individual nor any person who would be regarded as connected with him,

is entitled to receive directly or indirectly, any payment from the qualifying company other than a payment made on an arm's length basis for goods or services supplied or a payment out of the proceeds of exploiting the film to which the allowable investor company or the qualifying individual, as the case may be, is entitled under the terms subject to which the relevant investment is made.”,

(g) in subsection (6), by the substitution for “by making an assessment to corporation tax under Case IV of Schedule D for the accounting period or accounting periods in which relief was given,” of “by making an assessment to corporation tax or income tax, as the case may be, under Case IV of Schedule D for the accounting period or accounting periods, or the year of assessment or years of assessment, as the case may be, in which relief was given”,

(h) in subsection (7)—

(i) by the insertion after paragraph (a) of the following paragraph:

“(aa) Subject to paragraph (b), where a qualifying individual is entitled to relief under this section in respect of any sum, or any part of a sum, or would be so entitled on making due claim, as a deduction from his total income for any year of assessment—

(i) he shall not be entitled to any relief for that sum or part in computing his total income, or as a deduction from his total income, for any year of assessment under any other provision of the Income Tax Acts, and

(ii) that sum or part shall be treated as a sum which, by reason of paragraph 4 of Schedule 1 to the Capital Gains Tax Act, 1975, is to be excluded from the sums allowable as a deduction in the computation of gains and losses for the purposes of the Capital Gains Tax Acts.”,

and

(ii) by the substitution of the following paragraphs for paragraph (b) and paragraph (bb) (inserted by section 28 of the Finance Act, 1989):

“(b) Where an allowable investor company or a qualifying individual has made a relevant investment by way of a subscription for new ordinary shares of a qualifying company and none of those shares are disposed of by the allowable investor company or the qualifying individual, as the case may be, within three years of their acquisition by that company or that individual, as the case may be, then the sums allowable as deductions from the consideration in the computation for the purpose of capital gains tax of the gain or loss accruing to the company or the individual, as the case may be, on the disposal of those shares shall be determined without regard to any relief under this section which the company or the individual, as the case may be, has obtained, or would be entitled on due claim to obtain, except that where those sums exceed the consideration they shall be reduced by an amount equal to—

(i) the amount in respect of which the allowable investor company or the qualifying individual, as the case may be, has obtained relief under this section in respect of the subscription for those shares, or

(ii) the amount of the excess,

whichever is the less:

Provided that, if the disposal of shares is by a qualifying individual, and the disposal falls within section 13 (5) of the Capital Gains Tax Act, 1975, the preceding provisions of this paragraph shall not apply.

(bb) Notwithstanding paragraph (b), where, on or after the 6th day of May, 1993, an allowable investor company or a qualifying individual has made a relevant investment (hereafter in this paragraph referred to as ‘the first relevant investment’) by way of a subscription for new ordinary shares of a qualifying company and those shares are disposed of by the allowable investor company or the qualifying individual, as the case may be, on a day which is not earlier than 12 months after the date of their acquisition by the allowable investor company or the qualifying individual, as the case may be, and—

(i) the consideration upon such disposal is used, and used only, by the allowable investor company or the qualifying individual, as the case may be, within the period of 12 months commencing on that day for the purpose of making a further relevant investment by way of a subscription for new ordinary shares of a qualifying company, and

(ii) the qualifying company uses the sum invested to produce a qualifying film other than a qualifying film on the production of which the first relevant investment was expended,

then, the provisions of paragraph (b) regarding the determination, in respect of the computation of a gain or loss for the purpose of capital gains tax, of sums allowable as deductions from a consideration to which paragraph (b) relates shall apply in respect of the consideration used for the purpose of making the further relevant investment as they apply in respect of the consideration to which paragraph (b) relates:

Provided that where an allowable investor company has made a relevant investment by way of a subscription for new ordinary shares of a qualifying company and that relevant investment is one to which paragraph (b) of subsection (3) refers, then, if those shares are disposed of by the allowable investor company not earlier than 12 months after the date of their acquisition by that company, this paragraph (other than so much thereof as would require the consideration upon the disposal to be used for making a further relevant investment) shall apply—

(I) in case the relevant investment, or the aggregate of that investment and any other relevant investment made by the allowable investor company for the purposes of enabling the qualifying company to make the qualifying film concerned, is not less than £1,050,000, in respect of the consideration upon such disposal, or

(II) in case the relevant investment, or the aggregate of that investment and any other relevant investment made by the allowable investor company for the purposes of enabling the qualifying company to make the qualifying film concerned, is less than £1,050,000, in respect of such part of the consideration upon such disposal as bears to the total consideration on disposal the same proportion as the excess of the relevant investment, or the excess of the aggregate of that investment and any other relevant investment made by the allowable investor company for the purposes aforesaid, over £350,000 bears to the total amount of the relevant investment, or the aggregate of the total amount of that investment and the total amount of any other relevant investments made by the allowable investor company for the purposes aforesaid.”,

and

(i) by the insertion, after subsection (8), of the following subsections:

“(9) In the case of an individual, all such provisions of the Income Tax Acts as apply in relation to the deductions specified in sections 138 to 142 of the Income Tax Act, 1967, shall, with any necessary modifications, apply in relation to relief under this section.

(10) Section 198 (inserted by section 18 of the Finance Act, 1980) of the Income Tax Act, 1967, is hereby amended, in subsection (1) (a), by the insertion of the following subparagraph after subparagraph (xii) (inserted by section 4 of the Finance Act, 1989):

‘(xiii) so far as it flows from relief under section 35 of the Finance Act, 1987, in the proportions in which they made the relevant investment giving rise to the relief,’.”.

49 Tax treatment of foreign trusts.

49.—(1) (a) In this section—

“beneficiary”, in relation to a trust, means any person who, directly or indirectly, is beneficially entitled, or may through the exercise of any power or powers conferred on any person or persons become so beneficially entitled, under the trust to income or capital or to have any income or capital applied for his benefit or to receive any other benefit;

“relevant person” means a person who—

(i) (I) is a trustee under a unit trust scheme which is, or is deemed to be, an authorised unit trust scheme within the meaning of the Unit Trusts Act, 1990, and which has not had its authorisation under that Act revoked,

(II) is a trustee of any other undertaking which is an undertaking for collective investment in transferable securities within the meaning of the European Communities (Undertakings for Collective Investment in Transferable Securities) Regulations, 1989 (S.I. No. 78 of 1989), being an undertaking which holds an authorisation issued pursuant to the said Regulations and that authorisation has not been revoked,

(III) in the opinion of the Central Bank of Ireland, is an appropriate person to be a trustee (being a trustee to whom subparagraph (I) or (II) of this definition relates), or

(IV) is a holder of a licence granted under section 9 of the Central Bank Act, 1971, or is otherwise exempt from holding a licence by virtue of Regulation 11 of the European Communities (Licensing and Supervision of Credit Institutions) Regulations, 1992 (S.I. No. 395 of 1992),

(ii) is authorised, under any enactment which provides for such authorisation, by the Central Bank of Ireland to engage in the management of trusts in the course of its business,

(iii) carries on a business in the State which consists of or includes such management of trusts, and

(iv) is, in the course of that business, involved in the management of the trusts;

“settlor”, in relation to a trust, includes any person who has provided or undertaken to provide assets or income directly or indirectly for the purposes of the trust;

“trust” means any trust established by deed entered into by one or more than one settlor, or any trust arising under a testamentary disposition, whereby—

(i) assets, which may or may not change from time to time in the course of the management of the trust, or

(ii) income, the sources and nature of which may or may not also so change from time to time,

beneficially owned by the settlor or settlors are or is vested in a person or persons (in this section referred to as the “trustee” or “trustees”) to be—

(I) either or both held and managed for,

(II) paid over to, or

(III) applied for,

the benefit of any beneficiary or beneficiaries.

(b) For the purposes of this section—

(i) a trust shall, at any time, be a “foreign trust” where at that time it is established to the satisfaction of—

(I) the inspector concerned with whether or not any tax or duty applies, or

(II) such other officer of the Revenue Commissioners as is so concerned,

in relation to the trust or to any person who in relation to the trust is a settlor, a trustee or a beneficiary, that all of the following conditions are satisfied at that time with respect to the trust—

(A) no person who is a settlor was at the time the trust was created (or in the case of a trust arising under a testamentary disposition, at the time of his death) domiciled, resident or ordinarily resident in the State,

(B) all of the assets of the trust are situated outside the State,

(C) all of the income of the trust arises from sources situated outside the State,

(D) none of the persons who at that time are or may be beneficiaries in relation to the trust is domiciled, resident or ordinarily resident in the State, and

(E) none of the persons who are trustees in relation to the trust is resident or ordinarily resident in the State:

Provided that, notwithstanding anything in the terms of the trust or in any of the foregoing provisions of this subparagraph, a person shall not for the purposes of this clause be regarded as a trustee in relation to a trust if that person is a relevant person, and

(ii) section 48 of the Capital Gains Tax Act, 1975, shall apply for the purposes of determining the situation of assets.

(2) Notwithstanding anything in the Income Tax Acts, for the purposes of those Acts the income of a foreign trust shall not be regarded as the income of any person resident or ordinarily resident in the State.

(3) Notwithstanding anything in the Capital Gains Tax Acts and without prejudice to the proviso to subsection (1) of section 15 of the Capital Gains Tax Act, 1975, for the purposes of those Acts the assets of a foreign trust shall not be regarded as the assets of any person resident or ordinarily resident in the State.

(4) This section shall not come into effect until such time as legislation governing the regulation of trustees by the Central Bank of Ireland is enacted and shall come into effect subject to such legislation and on such date as the Minister for Finance shall by order appoint.

50 Amendment of section 10A (restriction of certain charges on income) of Corporation Tax Act, 1976.

50.—Section 10A (inserted by section 46 of the Finance Act, 1992) of the Corporation Tax Act, 1976, is hereby amended in subsection (3), as respects accounting periods ending on or after the 1st day of April, 1992—

(a) by the insertion in paragraph (a) immediately before “for the purposes of subsection (2)” of “for any accounting period”, and

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

“(aa) Notwithstanding the provisions of subsection (10) (b) of section 155, in determining the income of a company, referred to in the expression ‘total income brought into charge to corporation tax’, for any accounting period for the purposes of subsection (2) of the said section 41, it shall be the sum determined by the said subsection (10) (b) for that period reduced by any charges on income paid for the purposes of the sale of goods which are allowed as a deduction against the total profits of the company for that period and paid on or after the 1st day of April, 1992.”,

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

TABLE

(a) Notwithstanding the provisions of subsection (3) of section 41 of the Finance Act, 1980, in determining the income of a company, referred to in the expression “the income from the sale of those goods”, for any accounting period for the purposes of subsection (2) of the said section 41, it shall be the sum determined by subsection (3) of the said section 41 for that period reduced by any charges on income paid for the purpose of the sale of goods which are allowed as a deduction against the total profits of the company for that period and paid on or after the 1st day of April, 1992.

51 Gifts to First Step.

51.—(1) In this section “First Step” means the company incorporated under the Companies Acts, 1963 to 1990, on the 20th day of September, 1990, as First Step Limited.

(2) This section applies to a gift of money which—

(a) on or after the 1st day of June, 1993, and before the 1st day of June, 1995, is made to First Step,

(b) is applied by First Step solely for the objects for which it was incorporated, and

(c) is not deductible in computing for the purposes of corporation tax the profits or gains of a trade or profession or is not income to which the provisions of section 439 of the Income Tax Act, 1967, apply.

(3) Where a company makes a gift to which this section applies and claims relief from tax by reference thereto, the net amount thereof shall, for the purposes of corporation tax, be deemed to be a loss incurred by the company in a separate trade in the accounting period of the company in which the gift is made:

Provided that—

(a) in determining the net amount of the gift for the purposes of this section, the amount or value of any consideration received by the company as a result of making the gift, whether received directly or indirectly from First Step or any other person, shall be deducted from the amount of the gift, and

(b) relief under this section shall not be given to a company for an accounting period—

(i) if the net amount of the gift (or the aggregate of the net amounts of gifts) made by it in that accounting period, being a gift or gifts, as the case may be, to which this section applies, does not exceed £500,

(ii) to the extent to which the net amount of the gift (or the aggregate of the net amounts of gifts) made by it in that accounting period, being a gift or gifts, as the case may be, to which this section applies, exceeds £100,000,

(iii) in respect of a gift made at any time in the year ended on the 31st day of May, 1994, if, at that time, the aggregate of the net amounts of all gifts to which this section applies made to First Step within the said year exceeds £1,500,000, or

(iv) in respect of a gift made at any time in the year ended on the 31st day of May, 1995, if, at that time, the aggregate of the net amounts of all gifts to which this section applies made to First Step within the said year exceeds £1,500,000.

(4) A claim under this section shall be made with the return required to be delivered under section 10 of the Finance Act, 1988, for the accounting period in which the gift is made.

(5) Where a company makes a gift in respect of which relief is not to be given by virtue of subparagraph (iii) or (iv) of paragraph (b) of the proviso to subsection (3), First Step shall, by notice in writing given to the company within 30 days of the making of the gift, advise the company accordingly.

(6) Where a gift to which this section applies is made by a company in an accounting period of the company which is less than 12 months, the amounts specified in subparagraphs (i) and (ii) of paragraph (b) of the proviso to subsection (3) shall be proportionately reduced.

PART II Customs and Excise

Chapter I Registration and Taxation of Vehicles

52 “Act of 1992” (Chapter I).

52.—In this Chapter “the Act of 1992” means the Finance Act, 1992.

53 Amendment of section 130 (interpretation) of Act of 1992.

53.—Section 130 of the Act of 1992 is hereby amended by the substitution of “11 passengers” for “16 persons (inclusive of the driver)” in the definition of “bus”.

54 Amendment of section 134 (permanent reliefs) of Act of 1992.

54.—Section 134 of the Act of 1992 is hereby amended by the insertion of the following subsections after subsection (10):

“(11) (a) Subject to the provisions of this section, where an authorised person—

(i) has declared a new category A vehicle to the Commissioners for the purposes of registration, or

(ii) has acquired (whether by purchase or under a lease or otherwise) a new category A vehicle prior to the 1st day of July, 1993,

and the vehicle has been used by him subsequently solely for hiring to others under short-term self-drive contracts, an amount, calculated pursuant to subsection (12), of the vehicle registration tax, or, as the case may be, of the motor vehicle excise duty under the Order of 1979, paid in respect of the vehicle shall, subject to any prescribed conditions, restrictions or limitations, be repaid to the person when he ceases to use the vehicle solely for hiring to others under such contracts.

(b) In paragraph (a) ‘short-term self-drive contracts’ means contracts under which vehicles are hired to persons for the purpose of being driven by them and under which the same vehicle is not hired to the same person for a period exceeding, or for periods exceeding in total, 5 weeks in any period of 12 months.

(12) (a) The amount (if any) of the repayment to a person under subsection (11) shall be—

(i) in the case of a vehicle in respect of which vehicle registration tax has been paid, such amount as bears to the amount of the tax paid (less the amount of any repayment paid or due to the person under subsection (7)) the same proportion as the appropriate amount bears to the open market selling price of the vehicle at the time of its registration,

and

(ii) in the case of a vehicle in respect of which motor vehicle excise duty under the Order of 1979 has been paid, such amount as bears to the amount of the duty paid the same proportion as the appropriate amount bears to the open market selling price of the vehicle, as determined by the Commissioners, at the time of the charging of the duty.

(b) In paragraph (a) ‘the appropriate amount’, in relation to a vehicle, means the amount (if any), determined by the Commissioners, by which the open market selling price of the vehicle has fallen between the time of its registration or, as the case may be, the time of the charging of the excise duty under the Order of 1979 and the time of the cessation, in relation to the vehicle, referred to in subsection (11) (a).

(13) (a) A repayment to a person under subsection (11) shall not be made unless any vehicle registration tax or value-added tax payable by the person by the date of repayment has been paid.

(b) No repayment shall be made in respect of a vehicle on which motor vehicle excise duty under the Order of 1979 has been paid prior to the 1st day of January, 1991.

(14) A repayment under subsection (11) shall be made only in respect of a vehicle as respects which the cessation referred to in subsection (11) (a) occurs on or after the 1st day of September, 1993.

(15) Where an authorised person disposes of a category A vehicle, or a motor-cycle, in respect of which vehicle registration tax has been paid and the vehicle or motor-cycle, as the case may be, has been kept since its registration solely for the purpose of demonstration, an amount, determined by the formula specified in subsection (8), of the vehicle registration tax shall, subject to any prescribed conditions, restrictions or limitations, be repaid to the person if—

(a) the vehicle or motor-cycle, as the case may be, does not qualify for a repayment under subsection (7), and

(b) any vehicle registration tax or value-added tax payable by the person by the date of repayment has been paid.”.

55 Amendment of section 136 (authorisation of manufacturers, distributors and dealers and periodic payment of duty) of Act of 1992.

55.—Section 136 of the Act of 1992 is hereby amended by the substitution of the following subsection for subsection (6):

“(6) For the purposes of subsection (5) the Commissioners may, subject to compliance with such conditions for securing payment as they may think fit to impose, permit payment of vehicle registration tax to be deferred—

(a) to a day not later than the 15th day of the month following that in which the tax is charged,

or

(b) in the case of a new category A vehicle purchased by an authorised person carrying on the business of hiring vehicles to others under short-term self-drive contracts (within the meaning of section 134 (11) (b)) and intended for use solely for the purposes of such hiring in the course of that business—

(i) if the tax is charged on or after the 1st day of December in any year and prior to the 1st day of September in the following year, to a day not later than the 15th day of September in the said following year, or

(ii) if the tax is charged on or after the 1st day of September in any year and prior to the 1st day of December in that year, to a day not later than the 15th day of December in that year,

or the day of the cessation, in relation to the vehicle, referred to in section 134 (11) (a), whichever is the earlier.”.

56 Amendment of section 141 (regulations) of Act of 1992.

56.—Section 141 of the Act of 1992 is hereby amended—

(a) in subsection (2), by the substitution of the following paragraph for paragraph (s) (inserted by the Finance (No. 2) Act, 1992):

“(s) make provision (including the prescription of conditions, restrictions and limitations) in relation to subsections (7), (11) and (15) of section 134.”,

and

(b) by the substitution of the following subsection for subsection (3):

“(3) The Minister may make such regulations as he considers necessary or expedient for the purpose of giving full effect to sections 134 (other than subsections (6), (7), (11) and (15)) and 135.”.

Chapter II Excise Duties on, and Licensing of, Vehicles

57 Interpretation (Chapter II).

57.—In this Chapter, save where the context otherwise requires—

“the Act of 1920” means the Roads Act, 1920;

“the Act of 1933” means the Road Traffic Act, 1933;

“the Act of 1952” means the Finance (Excise Duties) (Vehicles) Act, 1952;

“the Act of 1961” means the Road Traffic Act, 1961;

“the Act of 1992” means the Finance Act, 1992;

“licensing authority” means the council of a county, or the corporation of a county borough, which grants licences under section 1 of the Act of 1952 or driving licences or provisional licences under Part III of the Act of 1961;

“the Minister” means the Minister for the Environment;

“owner” has the meaning assigned to it by section 130 of the Act of 1992 and cognate words shall be construed accordingly;

“the register” means the register established and maintained by the Revenue Commissioners under section 131 of the Act of 1992 and cognate words shall be construed accordingly;

“prescribed” means prescribed by the Minister by regulations;

“vehicle” means a mechanically propelled vehicle within the meaning of section 130 of the Act of 1992.

58 Regulations.

58.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Chapter as prescribed or to be prescribed or in relation to any matters referred to in this Chapter as the subject of regulations or for the purpose of giving full effect to this Chapter and such regulations may provide for such incidental, consequential, supplemental or transitional matters as are necessary for the purpose of giving full effect to this Chapter.

(2) A person who contravenes a provision of regulations under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both.

(3) Regulations made under this Chapter shall be laid before Dáil Éireann as soon as may be after they are made and, if a resolution annulling the regulations is passed by Dáil Éireann within the next subsequent 21 days on which Dáil Éireann has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

59 Extension of powers of licensing authorities in relation to grant of certain licences.

59.—(1) A licensing authority may grant a driving licence or a provisional licence under Part III of the Act of 1961 to a person who does not ordinarily reside in the functional area of the authority if the person has previously held either of those licences or a driving licence under Part III of the Act of 1933.

(2) A licensing authority may grant a licence under section 1 of the Act of 1952 in respect of a vehicle which is normally kept at an address outside the functional area of the authority if the vehicle has previously been the subject of such a licence.

(3) This section shall come into operation on such day or days as may be fixed therefor by the Minister by order or orders.

60 Records.

60.—(1) (a) The Minister and a licensing authority may each establish and maintain records in relation to licences under the Act of 1952, trade licences under section 21 of the Finance (No. 2) Act, 1992, driving licences under Part III of the Act of 1933 and driving licences and provisional licences under Part III of the Act of 1961.

(b) Records established under this section may contain information derived from registers established under section 6 of the Act of 1920 and shall contain such other information in relation to the licences aforesaid, the holders of the licences, the duties of excise payable thereon and the vehicles licensed under the Act of 1952 as the Minister may determine.

(c) Records referred to in paragraph (a) shall be established and maintained in such form as the Minister may determine including a form that is not legible if it is capable of being converted into a legible form.

(2) A licensing authority shall furnish to the Minister or another licensing authority such information, in such form and at such times as he directs for the purpose of the establishment and maintenance by him or it of records under this section.

(3) An officer of a Minister of the Government, a licensing authority or the competent authority for licensing vehicles and drivers of vehicles in another Member State of the European Communities, an officer of the Revenue Commissioners, a member of the Garda Síochána or such (if any) other persons as may be prescribed shall have access to and may inspect and examine records established under this section and may—

(a) take, or be supplied by the Minister or the licensing authority concerned, as may be appropriate, with, such information from the records as the officer, member or other person aforesaid may reasonably require, and

(b) take, or be supplied by the Minister or the licensing authority concerned, as may be appropriate, with, such copies of records maintained by the Minister or the authority, as the case may be, or of such extracts from such records as the officer, member or other person aforesaid may reasonably require.

61 Evidence.

61.—(1) In any proceedings a certificate signed by an officer of the Minister authorised by the Minister for the purposes of this section and containing information stated to be taken from records maintained by the Minister under section 60 or records relating to vehicles or drivers of vehicles maintained by the Minister under any other provision of or made under any statute or, as the case may be, information obtained by the Minister under section 131 (7) of the Act of 1992 shall be admissible as evidence of the facts stated in the certificate.

(2) In any proceedings a certificate signed by an officer of a licensing authority authorised by the authority for the purposes of this section and containing information stated to be taken from records maintained by the authority under section 60 or records relating to vehicles or drivers of vehicles maintained by the authority under any other provisions of or made under any statute shall be admissible as evidence of the facts stated in the certificate.

(3) In any proceedings a document purporting to be a certificate under subsection (1) or (2) shall be deemed to be such a certificate, to have been signed by an officer of the Minister or, as the case may be, the licensing authority, concerned duly authorised for the purpose under subsection (1) or (2), as the case may be, unless the contrary is shown.

(4) A certificate under this section that purports to bear a facsimile of the signature of the authorised officer concerned or a copy of such a signature applied by means of a stamp or produced by a computer shall be deemed for the purposes of this section to have been signed by the officer.

62 Miscellaneous.

62.—(1) The Minister may give the Commissioner of the Garda Síochána and the Revenue Commissioners particulars of any vehicles that have been entered in the register but in respect of which a licence under section 1 of the Act of 1952 has not been taken out within 7 working days after the date of the entry.

(2) (a) A member of the Garda Síochána or an officer of the Revenue Commissioners duly authorised in writing in that behalf by the Revenue Commissioners and on production of his authorisation to the person concerned, if so requested, may require a person who uses, parks or otherwise keeps a vehicle in a public place to give him evidence of the ownership of the vehicle and may, using such force, if any, as may be necessary inspect the vehicle.

(b) A person who—

(i) obstructs or interferes with a member of the Garda Síochána or an officer of the Revenue Commissioners in the performance of his functions under this section, or

(ii) fails or refuses to give the member or officer his name and address when required by the member or officer to do so or gives him a name or address that is false or misleading shall be guilty of an offence and shall be liable on summary conviction—

(I) if the offence is under subparagraph (i), to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or

(II) if the offence is under subparagraph (ii), to a fine not exceeding £1,000.

63 Amendment of certain provisions relating to penalties for offences in relation to licensing and registration of vehicles.

63.—Where, after the passing of this Act, an act or omission occurs in respect of which a person would, but for this subsection, have incurred the penalty provided for in any provision specified in column (2) of the Table to this subsection (as amended by section 72 of the Finance Act, 1982) at any reference number of an Act specified in that column at that reference number, the person shall, in lieu of the penalty so provided for, be liable to the 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 Act	Penalty
(1)	(2)	(3)
1	Section 12 (4) of the Act of 1920	A fine not exceeding £1,000
2	Section 13 (1) of the Act of 1920	An excise penalty not exceeding £1,000
3	Section 13 (2) of the Act of 1920	A fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months
4	Section 13 (4) of the Act of 1920	A fine not exceeding £1,000 or imprisonment for a term not exceeding 6 months
5	Section 2 (2) of the Act of 1952	An excise penalty not exceeding £1,000
6	Section 76 of the Finance Act, 1976	A fine not exceeding £1,000

64 Amendment of the Act of 1920.

64.—(1) Section 12 (1) of the Act of 1920 is hereby amended by—

(a) the deletion of paragraphs (a) and (g), and

(b) the insertion in paragraph (c) after “prescribing” of “in relation to vehicles in respect of which a licence under the Finance (Excise Duties) (Vehicles) Act, 1952, was first taken out before the 1st day of January, 1993,”.

(2) Regulations under the said paragraphs (a) or (g) in force immediately before the passing of this Act shall continue in force after such passing and may be amended or revoked by the Minister by regulations under section 58.

Chapter III Miscellaneous

65 Interpretation (Chapter III).

65.—In this Chapter—

“the Order of 1975” means the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975);

“the Regulations of 1992” means the European Communities (Customs and Excise) Regulations, 1992 (S.I. No. 394 of 1992).

66 Tobacco products.

66.—(1) In this section and in the Second Schedule—

“the Act of 1977” means the Finance (Excise Duty on Tobacco Products) Act, 1977;

“cigarettes”, “cigars”, “fine-cut tobacco for the rolling of cigarettes” and “other smoking tobacco” have the same meanings as they have in the Act of 1977, as amended by the Imposition of Duties (No. 243) (Excise Duty on Tobacco Products) Order, 1979 (S.I. No. 296 of 1979), and by Regulations 26 and 29 of the Regulations of 1992.

(2) The duty of excise on tobacco products imposed by section 2 of the Act of 1977, shall, in lieu of the several rates specified in the Fourth Schedule to the Finance Act, 1992, be charged, levied and paid, as on and from the 25th day of February, 1993, at the several rates specified in the Second Schedule.

67 Cider and perry.

67.—(1) In the Third Schedule—

“actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20C in 100 volumes of the product at that temperature;

“ vol” means alcoholic strength by volume.

(2) The duty of excise on cider and perry imposed by paragraph 8 (2) of the Order of 1975, shall be charged, levied and paid, as on and from the 25th day of February, 1993, at the several rates specified in the Third Schedule in lieu of the several rates standing specified.

68 Wine and made wine.

68.—(1) In the Fourth Schedule—

“actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20C in 100 volumes of the product at that temperature;

“ vol” means alcoholic strength by volume.

(2) The duties of excise on wine and made wine imposed by paragraphs 5 (2) and 6 (2), respectively, of the Order of 1975, shall be charged, levied and paid, as on and from the 25th day of February, 1993, at the several rates specified in the Fourth Schedule in lieu of the several rates standing specified.

69 Hydrocarbons.

69.—(1) Subject to the provisions of the Imposition of Duties (No. 265) (Excise Duty on Hydrocarbon Oils) Order, 1983 (S.I. No. 126 of 1983), the amount of the rebate allowed under paragraph 12 (3) of the Order of 1975 shall, in respect of fuel oil within the meaning of paragraph 3 of the Imposition of Duties (No. 256) (Excise Duty on Hydrocarbon Oils) Order, 1981 (S.I. No. 404 of 1981), which is imported or delivered from the premises of a refiner of hydrocarbon oil or from a tax warehouse on or after the 25th day of February, 1993, and in lieu of the rates specified in section 70 (10) of the Finance Act, 1980, and in section 73 (8) of the Finance Act, 1984, be the amount of duty chargeable less an amount calculated at the rate of £9.75 per 1,000 litres.

(2) The amount of the rebate allowed under paragraph 24 (2) (b) of the Regulations of 1992, in respect of hydrocarbon oil to which the provisions of paragraph 24 (2) (a) of the said Regulations refer, shall, on or after the 25th day of February, 1993, be the amount of duty chargeable less an amount calculated at the rate of £9.75 per 1,000 litres.

(3) The duty of excise on gaseous hydrocarbons in liquid form imposed by section 41 (1) of the Finance Act, 1976, shall be charged, levied and paid, as on and from the 1st day of March, 1993, at the rate of £56.75 per 1,000 litres in lieu of the rate specified in section 74 (1) of the Finance Act, 1991.

70 Amendment of section 123 (rates of duty) of Finance Act, 1992.

70.—Section 123 of the Finance Act, 1992, is hereby amended—

(a) in paragraph (b) by the substitution of “31st day of August in the year concerned, £30,” for “15th day of September in the year concerned, £30.”, and

(b) by the addition of the following paragraph—

“(c) on a licence expressed to remain in force for a period not exceeding one year and until the last day of February in the year concerned, £60:

Provided that the licence is expressed to relate only to Saturdays, Sundays and public holidays (within the meaning of the Holidays (Employees) Act, 1973) in the period from the 1st day of September or the date the licence is granted, whichever is the later, to the last day of February in the year concerned.”.

71 Gaming machine licence duty.

71.—(1) Section 43 of the Finance Act, 1975, is hereby amended—

(a) in subsection (2):

(i) in respect of a licence obtained on or after the 6th day of May, 1993, by the addition of the following proviso to paragraph (b)

“Provided that this paragraph shall not apply to a machine—

(i) which when switched on is in perpetual motion and not as such activated by the insertion of a coin or token, and

(ii) where the player rolls a coin or token down a slide in the machine, or drops it through a slot at the top of the machine, and the coin then progresses through the machine under its own momentum until it settles into either a winning or a losing position on or behind coins already on a tray, and

(iii) where a mechanism for releasing coins into the pay-out chute is actuated by the weight of coins accumulated in a winning position.”,

and

(ii) by the substitution for paragraph (c) of the following paragraph:

“(c) Except where the Revenue Commissioners are satisfied, and so certify in writing, that by reason of the inaccessibility to the public of the place in which a gaming machine is stored it cannot be played by the public, a gaming machine (including any machine which has ceased to be so stored) shall be deemed, for the purpose of this section, to be available for play notwithstanding that it is in a state, or so positioned that it cannot be played.”,

(b) by the substitution for subsections (3) to (5) of the following subsections:

“(3) A gaming machine shall not be made available for play in a premises unless there is a subsisting licence, granted under this section, which is displayed at all times in a secure and conspicuous place on the machine.

(4) (a) The Revenue Commissioners shall, upon application and payment of the duty imposed by this section, grant to the holder of a gaming licence the number of gaming machine licences applied for.

(b) A gaming machine licence shall remain in force for such period as is specified in the application therefor provided that such period does not exceed one year and does not exceed the period for which the current gaming licence has been granted in respect of the premises in which the said machine has been made available for play in accordance with subsection (3).

(c) Every gaming machine licence granted under this section shall include such information and be in such form and manner as the Revenue Commissioners may from time to time approve.

(5) The holder of a gaming licence who contravenes subsection (3) shall, in respect of each gaming machine made available for play without a gaming machine licence, be guilty of an offence and shall be liable on summary conviction to an excise penalty of £1,000 in respect of each such offence.”,

(c) in paragraph (aa) (inserted by section 74 (2) of the Finance Act, 1980) of subsection (7), by the deletion in subparagraph (i) of “for each gaming machine to which the licence relates” in each place where it occurs,

(d) by the deletion of subsections (8) and (9),

(e) in subsection (10), by the substitution for paragraph (b) of the following paragraph:

“(b) A gaming machine in respect of which an offence was committed under this section shall be liable to forfeiture.”,

and

(f) by the deletion of subsection (11).

(2) Section 74 of the Finance Act, 1980, is hereby amended by the deletion in subsection (1) of “for each gaming machine to which the licence relates” in each place where it occurs.

(3) Where a gaming machine licence (in this subsection referred to as “the existing licence”) is issued before the 1st day of February, 1994, which specifies an expiry date later than the 1st day of February, 1994, the Revenue Commissioners shall, on the application of the holder of the existing licence and upon the surrender of it, issue replacement gaming machine licences, in respect of the number of gaming machines specified in the existing licence, to remain in force until the expiry of the period specified in the existing licence.

(4) This section, other than subsection (1) (a), shall come into operation on the 1st day of February, 1994.

72 Amendment of section 35 (hydrocarbons) of Finance Act, 1981.

72.—Section 35 of the Finance Act, 1981, is hereby amended in subsection (5) (a) by the substitution of the following paragraph for paragraph (i) of the definition of “sea-fishing boat”:

“(i) is registered in accordance with the Merchant Shipping (Registry, Lettering and Numbering of Fishing Boats) Regulations, 1989 (S.I. No. 344 of 1989), and”.

73 Duty on beer.

73.—The duty of excise on beer imposed by section 90 of the Finance Act, 1992, shall be charged, levied and paid, as on and from the day which the Minister for Finance appoints by order for the coming into operation of Chapter I of Part II of the Finance Act, 1992, at the rate of £14.62 per hectolitre per cent. of alcohol in the beer.

74 Deferment of duty on beer.

74.—The Revenue Commissioners may, subject to compliance with such conditions for securing payment of the duty as they may think fit to impose, permit payment of the duty imposed by section 90 of the Finance Act, 1992, to be deferred to a day not later than—

(a) in case the duty is charged on a day in the month of December in any year not later than the twentieth of that month, the last day of that month in that year, or

(b) in any other case the last day of the month succeeding the month in which the duty is charged.

75 Deferment of duty on wine and made wine.

75.—(1) This section shall have effect as on and from the day which the Minister for Finance appoints by order for the coming into operation of Chapter I of Part II of the Finance Act, 1992.

(2) Subparagraph (2A) (inserted by section 71 of the Finance Act, 1984) of Paragraph 5 of the Order of 1975 is hereby amended—

(a) in clause (b) by the substitution of “the last day of the month” for “the fifteenth day of the month”, and

(b) by the deletion of the proviso thereto.

(3) The Revenue Commissioners may, subject to compliance with such conditions for securing payment of the duty as they may think fit to impose, permit payment of the duty imposed by paragraph 6 (2) of the Order of 1975, to be deferred to a day not later than—

(a) in case the duty is charged on a day in the month of December in any year not later than the twentieth of that month, the last day of that month in that year, or

(b) in any other case, the last day of the month succeeding the month in which the duty is charged.

76 Application of Article 5.2 of Council Directive No. 92/12/EEC.

76.—The provisions of sections 109 to 111 of the Finance Act, 1992, shall not apply to the movement of excisable products as defined in section 104 of the Finance Act, 1992, where such movement takes place in accordance with the provisions of paragraph 2 of Article 5 of Council Directive No. 92/12/EEC of 25 February 1992[^*].

77 Spirits retailers' on-licences.

77.—(1) Each of the following licences shall be deemed for the purposes of the Finance (1909-10) Act, 1910, to be a spirits retailer's on-licence, that is to say:

(a) a licence under section 25 of the Intoxicating Liquor Act, 1943, in respect of the whole or any particular part of any aerodrome premises;

(b) a licence under section 2 of the Intoxicating Liquor Act, 1946, in respect of the whole or any particular part of any bog premises;

(c) a licence under section 44 of the Tourist Traffic Act, 1952, in respect of any holiday camp premises or a part or parts thereof or such a licence duly renewed;

(d) a licence under section 2 of the Intoxicating Liquor Act, 1953, in respect of any particular part of the omnibus station in Áras Mhic Dhiarmada at Store Street, in the City of Dublin;

(e) a licence under section 18 of the Intoxicating Liquor Act, 1962, in respect of any greyhound race track.

(2) Nothing in subsection (1) shall be construed as authorising the sale by retail of intoxicating liquor otherwise than in accordance with the provisions of the enactments relating to the licence concerned.

78 Amendment of section 155 (spirits retailers' on-licences) of Finance Act, 1992.

78.—Section 155 of the Finance Act, 1992, is hereby amended in subsection (2) by the insertion of the following subparagraphs after subparagraph (ii) of paragraph (b):

“(iia) where a licence is granted or renewed under section 25 of the Intoxicating Liquor Act, 1943, a rate of duty of £200;

(iib) where a licence is granted or renewed under section 2 of the Intoxicating Liquor Act, 1946, a rate of duty of £200;

(iic) where a licence is granted under section 44 of the Tourist Traffic Act, 1952, or where that licence is duly renewed, a rate of duty of £200;

(iid) where a licence is granted or renewed under section 18 of the Intoxicating Liquor Act, 1962, a rate of duty of £200;”.

79 Tax clearance in relation to certain excise licences.

79.—(1) Section 49 of the Finance (1909-10) Act, 1910, is hereby amended by the addition to subsection (1) after the proviso (inserted by the Finance Act, 1992) of the following proviso:

“Provided also that, notwithstanding anything to the contrary in any other enactment, any licence commencing on or after the 1st day of July, 1994, which is a wholesale dealers' licence for spirits, beer, wine or sweets, as is specified in the First Schedule to this Act shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”.

(2) Section 7 of the Betting Act, 1931, is hereby amended, by the addition to subsection (3) of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any licence commencing on or after the 1st day of December, 1993, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”.

(3) Section 19 of the Gaming and Lotteries Act, 1956, is hereby amended by the addition of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any licence commencing on or after the 1st day of October, 1993, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”.

(4) The Auctioneers and House Agents Act, 1947, is hereby amended—

(a) by the addition to subsection (1) of section 8 of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any licence commencing on or after the 6th day of July, 1994, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence and, where applicable, a tax clearance certificate in relation to that licence in respect of the individual authorised under subsection (4), has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”,

(b) by the addition to subsection (1) of section 9 of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any auction permit commencing on or after the 6th day of July, 1994, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that permit and, where applicable, a tax clearance certificate in relation to that permit in respect of the individual nominated under subsection (1) to be included on the permit, has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”,

(c) by the addition to subsection (1) of section 10 of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any licence commencing on or after the 6th day of July, 1994, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”.

(5) Paragraph 12 (12) of the Order of 1975, is hereby amended by the addition of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any licence required under this paragraph commencing on or after the 1st day of July, 1994, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”.

(6) Section 45 of the Finance Act, 1989, is hereby amended by the addition to paragraph (b) of subsection (3) of the following proviso:

“Provided that, notwithstanding anything to the contrary in any other enactment, any licence required under this paragraph commencing on or after the 1st day of July, 1994, shall not be granted by the Revenue Commissioners unless a tax clearance certificate in relation to that licence has been issued in accordance with section 242 (as amended by the Finance Act, 1993) of the Finance Act, 1992.”.

(7) Subsection (1A) (inserted by the Finance Act, 1992) of section 49 of the Finance (1909-10) Act, 1910, shall apply to licences referred to in subsections (2) to (6) as it applies to licences referred to in the said subsection (1A).

80 Repeals and revocations (Chapter III).

80.—(1) Each enactment specified in column (2) of the Fifth Schedule is hereby repealed to the extent specified in column (3) of that Schedule.

(2) The Made Wine Duty Regulations, 1980 (S.I. No. 398 of 1980), and Regulation 5 of the European Communities (Deferred Payment of Excise Duty on Spirits and Imported Made Wine and Beer) Regulations, 1980 (S.I. No. 405 of 1980), are hereby revoked.

(3) Subsection (2) shall have effect as on and from the day which the Minister for Finance appoints by order for the coming into operation of Chapter I of Part II of the Finance Act, 1992.

PART III Value-Added Tax

81 Interpretation (Part III).

81.—In this Part—

“the Principal Act” means the Value-Added Tax Act, 1972;

“the Act of 1973” means the Finance Act, 1973;

“the Act of 1976” means the Finance Act, 1976;

“the Act of 1978” means the Value-Added Tax (Amendment) Act, 1978;

“the Act of 1981” means the Finance Act, 1981;

“the Act of 1982” means the Finance Act, 1982;

“the Act of 1991” means the Finance Act, 1991;

“the Act of 1992” means the Finance Act, 1992.

82 Amendment of section 3 (supply of goods) of Principal Act.

82.—Section 3 of the Principal Act is hereby amended in paragraph (g) (inserted by the Act of 1992) of subsection (1) by the insertion after “for the purposes of his business,” of “or a transfer of a new means of transport by a person in the State to the territory of another Member State,”.

83 Amendment of section 3A (intra-Community acquisition of goods) of Principal Act.

83.—Section 3A (inserted by the Act of 1992) of the Principal Act is hereby amended in subsection (1)—

(a) by the insertion in paragraph (a) after “a person registered for value-added tax in a Member State” of “, or by a person who carries on an exempted activity in a Member State,”, and

(b) by the substitution of the following paragraph for paragraph (b):

“(b) new means of transport supplied by a person in a Member State to a person in another Member State and which has been dispatched or transported from the territory of a Member State to the territory of another Member State as a result of being so supplied.”.

84 Alcohol products.

84.—The Principal Act is hereby amended by the insertion of the following section after section 3A (inserted by the Act of 1992):

“3B. (1) Where alcohol products are supplied while being held under a duty-suspension arrangement then any such supply effected while the products are held under that arrangement, other than the last such supply in the State, shall be deemed not to be a supply for the purposes of this Act other than for the purposes of section 12 and any previous—

(a) intra-Community acquisition, or

(b) importation,

of such products shall be disregarded for the purposes of this Act.

(2) Where tax is chargeable on a supply referred to in subsection (1) then, notwithstanding section 19 (1), the tax on that supply shall be due at the same time as the duty of excise on the products is due:

Provided that this subsection shall not apply to a supply of the kind referred to in subparagraph (a) (I), (b) or (cc) of paragraph (i) or in paragraph (ia) of the Second Schedule.

(3) Where, other than in the circumstances set out in section 8 (2B) (b), a taxable person makes an intra-Community acquisition of alcohol products and by virtue of such acquisition, and in accordance with Chapter II of Part II of the Finance Act, 1992, and any other enactment which is to be construed together with that Chapter, the duty of excise on those products is payable in the State, then, notwithstanding section 19 (1A), the tax on the said intra-Community acquisition shall be due at the same time as the duty of excise on the products is due.

(4) Where tax is chargeable on the importation of alcohol products, which are then placed under a duty-suspension arrangement then, notwithstanding section 15 (6), the tax on that importation shall be due at the same time as the duty of excise on the products is due.

(5) Notwithstanding subsections (1) and (1A) of section 10 and section 15 (3), where the provisions of subsection (2), (3) or (4) apply, the amount on which tax is chargeable shall include the amount of the duty of excise chargeable on the products on their release for consumption in the State.

(6) Notwithstanding any other provision to the contrary contained in this Act, where the provisions of subsection (2), (3) or (4) apply then—

(a) the tax shall be payable at the same time as the duty of excise is payable on the products,

(b) the provisions of the statutes which relate to the duties of excise and the management thereof and of any instrument relating to duties of excise made under statute, shall, with any necessary modifications and exceptions as may be specified in regulations, apply to such tax as if it were a duty of excise, and

(c) the person by whom the tax is payable shall complete such form as is provided for the purposes of this subsection by the Revenue Commissioners.

(7) In this section—

‘alcohol products’ means the excisable products referred to at subsections (a), (b), (c), (d) and (e) of section 104 of the Finance Act, 1992;

‘duty-suspension arrangement’ has the meaning assigned to it by section 103 of the Finance Act, 1992.”.

85 Amendment of section 8 (taxable persons) of Principal Act.

85.—Section 8 of the Principal Act is hereby amended—

(a) by the substitution of the following subsection for subsection (1A) (inserted by the Act of 1992):

“(1A) (a) Where a person engages in the intra-Community acquisition of goods in the State in the course or furtherance of business he shall be a taxable person and shall be accountable for and liable to pay the tax chargeable.

(b) Subject to subsection (2), and notwithstanding paragraph (a), a person for whose intra-Community acquisitions of goods (being goods other than new means of transport or goods subject to a duty of excise) the total consideration for which has not exceeded and is not likely to exceed £32,000 in any continuous period of 12 months shall not, unless he otherwise elects and then only during the period for which such election has effect, be a taxable person:

Provided that where the provisions of subsection (1) apply to that person, this paragraph shall not apply unless the provisions of subsection (3) also apply to him.

(c) A person who is a taxable person by virtue of this subsection and who is a person referred to in paragraph (a) or (b) of subsection (3) shall be deemed to be a taxable person only in respect of—

(i) intra-Community acquisitions of goods which are made by him, and

(ii) any services of the kind referred to in subsection (2) which are received by him:

Provided that a person may elect that this paragraph shall not apply to him.

(d) A person who is a taxable person by virtue of this subsection and who is a person referred to in subsection (3A) shall be deemed to be a taxable person only in respect of—

(i) intra-Community acquisitions of goods which are made by him,

(ii) racehorse training services which are supplied by him, and

(iii) any services of the kind referred to in subsection (2) which are received by him:

Provided that a person may elect that this paragraph shall not apply to him.

(e) For the purposes of this subsection, where an intra-Community acquisition is effected in the State by—

(i) a Department of State or local authority,

(ii) a body established by statute, or

(iii) a person for the purpose of any activity specified in paragraph (vi), (vii), (xxii) or (xxiii) of the First Schedule,

the acquisition shall be deemed to have been effected in the course or furtherance of business.”,

(b) in subsection (2) (inserted by the Act of 1978)—

(i) by the transposition of that subsection into paragraph (a) thereof, and

(ii) by the addition of the following paragraphs:

“(b) A person who is a taxable person by virtue of this subsection and who is a person referred to in paragraph (a) or (b) of subsection (3) shall be deemed to be a taxable person only in respect of—

(i) any intra-Community acquisitions of goods which are made by him, and

(ii) services of the kind referred to in this subsection which are received by him:

Provided that a person may elect that this paragraph shall not apply to him.

(c) A person who is a taxable person by virtue of this subsection and who is a person referred to in subsection (3A) shall be deemed to be a taxable person only in respect of—

(i) any intra-Community acquisitions of goods which are made by him,

(ii) racehorse training services which are supplied by him, and

(iii) services of the kind referred to in this subsection which are received by him:

Provided that a person may elect that this paragraph shall not apply to him.”,

(c) in subsection (3) (inserted by the Act of 1992)—

(i) by the substitution of “Subject to subsections (1A) and (2), and notwithstanding the provisions of subsection (1)” for “Notwithstanding the provisions of subsections (1) and (1A)”,

(ii) in subparagraph (ii) of paragraph (c) by the substitution of “paragraphs (a), (c) and (d)” for “paragraphs (a), (c), (d) and (e)”,

(iii) by the deletion of paragraph (d), and

(iv) in the proviso to the subsection, by the substitution of the following paragraph for paragraph (ii):

“(ii) the provisions of this subsection shall not apply to a supply of the kind referred to in subsection (2).”,

(d) in subsection (3A) (inserted by the Act of 1982) by the insertion after “the supply of those services” of “and any intra-Community acquisitions of goods made by him and any services of the kind referred to in subsection (2) received by him”, and

(e) in subsection (5):

(i) by the insertion after “for which the election had effect is equal to” of “the sum of”,

and

(ii) by the insertion after “such goods or services” of “and the tax deductible under section 12 in respect of intra-Community acquisitions made by him during such period”.

86 Amendment of section 10 (amount on which tax is chargeable) of Principal Act.

86.—Section 10 (inserted by the Act of 1978) of the Principal Act is hereby amended in subsection (4A) (inserted by the Act of 1982) by the insertion after “excise” of “, other than alcohol products within the meaning of section 3B,”.

87 Amendment of section 11 (rates of tax) of Principal Act.

87.—Section 11 of the Principal Act is hereby amended—

(a) in subsection (1) (inserted by the Act of 1992)—

(i) by the deletion in paragraph (a) of “, (e)”,

(ii) by the insertion in paragraph (d) after “the Sixth Schedule,” of “and”,

(iii) by the deletion of paragraph (e), and

(iv) by the substitution in paragraph (f) of “2.5 per cent.” for “2.7 per cent.”,

(b) in subsection (4A) (inserted by the Act of 1978) by the substitution of “section 11 (1) (d)” for “section 11 (1) (c)”, and

(c) in paragraph (a) of subsection (8) (inserted by the Act of 1973) by the substitution of “Second, Third or Sixth Schedule” for “Second, Third, Sixth or Seventh Schedule” (inserted by the Act of 1992).

88 Amendment of section 12 (deductions for tax borne or paid) of Principal Act.

88.—Section 12 of the Principal Act is hereby amended in paragraph (a) of subsection (1)—

(a) by the insertion of the following subparagraph after subparagraph (iib) (inserted by the Act of 1992):

“(iic) subject to such conditions (if any) as may be specified in regulations, in respect of goods referred to in section 3B, the tax due in the period in accordance with that section,”,

(b) by the substitution in subparagraph (viii) of “flat-rate addition, which shall be deemed to be tax,” for “tax”, and

(c) by the addition of the following proviso to the said paragraph (a):

“Provided that this paragraph shall not apply to—

(I) a taxable person referred to in subsection (1A) (c) or (2) (b) of section 8, or

(II) a taxable person referred to in subsection (1A) (d) or (2) (c) of section 8 unless the tax relates to racehorse training services supplied by him.”.

89 Amendment of section 12A (special provisions for tax invoiced by flat-rate farmers) of Principal Act.

89.—Section 12A (inserted by the Act of 1978) of the Principal Act is hereby amended—

(a) in subsection (1) by the substitution of “2.5 per cent.” for “2.7 per cent.” (inserted by the Act of 1992), and

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

“(2) In this Act ‘flat-rate farmer’ means—

(a) a farmer who is not a taxable person,

(b) a farmer who is a taxable person referred to in subsection (1A) (c) or (2) (b) of section 8, or

(c) a person who, in accordance with section 8 (3A), is deemed not to be a taxable person in relation to the supplies specified in the definition of ‘farmer’ in section 8 (9).”.

90 Supplies to, and intra-Community acquisitions and imports by, certain taxable persons.

90.—The Principal Act is hereby amended by the insertion of the following section after section 13:

“13A. (1) For the purposes of this section and paragraph (via) of the Second Schedule—

‘authorised person’ means a qualifying person who has been authorised in accordance with subsection (3);

‘qualifying person’ means a taxable person whose turnover from his supplies of goods made in accordance with subparagraph (a) (I) or (b) of paragraph (i) of the Second Schedule amounts to, or is likely to amount to, 75 per cent. of his total annual turnover from his supplies of goods and services: