Finance Act 1999

“Revenue offence: power to obtain information from financial institutions.

908A.—(1) In this section— ‘authorised officer’ means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section; ‘books, records or other documents’ includes— (a) any records used in the business of a financial institution, or used in the transfer department of a financial institution acting as registrar of securities, whether— (i) comprised in bound volume, loose-leaf binders or other loose-leaf filing system, loose-leaf ledger sheets, pages, folios or cards, or (ii) kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form, and (b) documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process; ‘judge’ means a judge of the Circuit Court or of the District Court; ‘financial institution’ means— (a) a person who holds or has held a licence under section 9 of the Central Bank Act, 1971, and (b) a person referred to in section 7(4) of that Act; ‘liability’ in relation to a person means any liability in relation to tax to which the person is or may be, or may have been, subject, or the amount of such liability; ‘offence’ means an offence falling within section 1078(2); ‘tax’ means any tax, duty, levy or charge under the care and management of the Revenue Commissioners. (2) If, on application made by an authorised officer, with the consent in writing of a Revenue Commissioner, a judge is satisfied, on information given on oath by the authorised officer, that there are reasonable grounds for suspecting— (a) that an offence which would result in serious prejudice to the proper assessment or collection of tax is being, has been or is about to be committed (having regard to the amount of a liability in relation to any person which might be evaded but for the detection of the offence), and (b) that there is material in the possession of a financial institution specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence, the judge may make an order authorising the authorised officer to inspect and take copies of any entries in the books, records or other documents of the financial institution for the purposes of investigation of the offence. (3) An offence the commission of which, if considered alone, would not be regarded as resulting in serious prejudice to the proper assessment or collection of tax for the purposes of this section may nevertheless be so regarded if there are reasonable grounds for suspecting that the commission of the offence forms part of a course of conduct which is, or but for its detection would be, likely to result in serious prejudice to the proper assessment or collection of tax. (4) Subject to subsection (5), a copy of any entry in books, records or other documents of a financial institution shall in all legal proceedings be received as prima facie evidence of such an entry, and of the matters, transactions, and accounts therein recorded. (5) A copy of an entry in the books, records or other documents of a financial institution shall not be received in evidence in legal proceedings unless it is further proved that— (a) in the case where the copy sought to be received in evidence has been reproduced in a legible form directly by either mechanical or electronic means, or both such means, from a financial institution's books, records or other documents maintained in a non-legible form, it has been so reproduced; (b) in the case where the copy sought to be received in evidence has been made (either directly or indirectly) from a copy to which paragraph (a) would apply— (i) the copy sought to be so received has been examined with a copy so reproduced and is a correct copy, and (ii) the copy so reproduced is a copy to which paragraph (a) would apply if it were sought to have it received in evidence, and (c) in any other case, the copy has been examined with the original entry and is correct. (6) Proof of the matters to which subsection (5) relates shall be given— (a) in respect of paragraph (a) or (b)(ii) of that subsection, by some person who has been in charge of the reproduction concerned, and (b) in respect of paragraph (b)(i) of that subsection, by some person who has examined the copy with the reproduction concerned, and (c) in respect of paragraph (c) of that subsection, by some person who has examined the copy with the original entry concerned, and may be given either orally or by an affidavit sworn before any commissioner or person authorised to take affidavits.”,

and

(k) in section 909(4)(a)—

(i) in subparagraph (iv), by the substitution for “the date of acquisition, and” of “the date of acquisition,”,

(ii) in subparagraph (v), by the substitution for “given to that person in respect of its acquisition.” of “given to that person in respect of its acquisition, and”, and

(iii) by the insertion after subparagraph (v) of the following subparagraph:

“(vi) details of all policies of insurance (if any) whereby the risk of any kind of damage or injury, or the loss or depreciation of the asset is insured.”.

208 Power to obtain information from a Minister of the Government or public body.

208.—Section 910 of the Taxes Consolidation Act, 1997, is hereby amended by the substitution of the following subsection for subsection (1):

“(1) For the purposes of the assessment, charge, collection and recovery of any tax or duty placed under their care and management, the Revenue Commissioners may, by notice in writing, request any Minister of the Government or any body established by or under statute to provide them with such information in the possession of that Minister or body in relation to payments for any purposes made by that Minister or by that body, whether on that Minister's or that body's own behalf or on behalf of any other person, to such persons or classes of persons as the Revenue Commissioners may specify in the notice and a Minister of the Government or body of whom or of which such a request is made shall provide such information as may be so specified.”.

209 Electronic filing of tax returns.

209.—The Taxes Consolidation Act, 1997, is hereby amended by the insertion in Part 38 of the following Chapter after Chapter 5:

Electronic transmission of returns of income, profits, etc., and of other Revenue returns

Interpretation (Chapter 6).	917D.—(1) In this Chapter— ‘the Acts’ means— (a) the statutes relating to the duties of excise and to the management of those duties, (b) the Tax Acts, (c) the Capital Gains Tax Acts, (d) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act, (e) the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act, and (f) the Stamp Act, 1891, and the enactments amending or extending that Act, and any instruments made under any of the statutes and enactments referred to in paragraphs (a) to (f); ‘approved person’ shall be construed in accordance with section 917G; ‘approved transmission’ shall be construed in accordance with section 917H; ‘authorised person’ has the meaning assigned to it by section 917G(3)(b); ‘digital signature’ has the meaning assigned to it by section 917I; ‘hard copy’, in relation to information held electronically, means a printed out version of that information; ‘return’ means any return which is required— (a) to be made under section 172F, 172K, 172L, 258 or 525, (b) to be prepared and delivered under section 894, 895, 895 (as modified by section 896) or 951, (c) by any provision of the Acts (however expressed), to be prepared and delivered under a notice from the Revenue Commissioners or, as the case may be, a revenue officer requiring such a return to be prepared and delivered, (d) to be sent under Regulation 35 of the Income Tax (Employments) Regulations, 1960 (S.I. No. 28 of 1960), (e) to be sent under Regulation 21 of the Income Tax (Construction Contracts) Regulations, 1971 (S.I. No. 7 of 1971), (f) to be furnished under section 19 of the Value-Added Tax Act, 1972, (g) to be delivered under subsection (2) or (9) of section 36 of the Capital Acquisitions Tax Act, 1976, (h) to be delivered under section 36(8) of the Capital Acquisitions Tax Act, 1976, (i) to be presented under the Stamp Act, 1891, and the enactments amending or extending that Act, and (j) to be made under any of the statutes relating to the duties of excise and to the management of those duties; ‘revenue officer’ means the Collector-General, an inspector or other officer of the Revenue Commissioners (including an inspector or other officer who is authorised under any provision of the Acts (however expressed) to receive a return or to require a return to be prepared and delivered); ‘tax’ means any income tax, corporation tax, capital gains tax, value-added tax, gift tax, inheritance tax, excise duty or stamp duty. (2) Any references in this Chapter to a return include references in any provision of the Acts to a statement, particulars, evidence or any other means whereby information is required or given, however expressed. (3) Any references in this Chapter to the making of a return include references in any provision of the Acts to— (a) the preparing and delivering of a return; (b) the sending of a return; (c) the furnishing of a return or of particulars; (d) the delivering of a return; (e) the presentation of a return; (f) the rendering of a return; (g) the giving of particulars or of any information specified in any provision; and (h) any other means whereby a return is forwarded, however expressed.
Application.	917E.—This Chapter shall apply to a return if— (a) the provision of the Acts under which the return is made is specified for the purpose of this Chapter by order made by the Revenue Commissioners, and (b) the return is required to be made after the day appointed by such order in relation to returns to be made under the provision so specified.
Electronic transmission of returns.	917F.—(1) Notwithstanding any other provision of the Acts, the obligation of any person to make a return to which this Chapter applies shall be treated as fulfilled by that person if information is transmitted electronically in compliance with that obligation, but only if— (a) the transmission is made by an approved person or an authorised person, (b) the transmission is an approved transmission, (c) the transmission bears the approved person's digital signature or such other means of electronic identification as may be specified or authorised by the Revenue Commissioners, and (d) the receipt of the transmission is acknowledged in accordance with section 917J. (2) In subsection (1), the reference to the information which is required to be included in the return includes any requirement on a person to— (a) make any statement, (b) include any particulars, or (c) make or attach any claim. (3) Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1) then, any provision of the Acts which— (a) requires that the return include or be accompanied by any description of declaration whatever by the person making the return, apart from a declaration of an amount, (b) requires that the return be signed or accompanied by a certificate, (c) requires that the return be in writing, (d) authorises the return to be signed by a person acting under the authority of the person obliged to make the return, (e) authorises the Revenue Commissioners to prescribe the form of a return or which requires a return to be in or on any prescribed form, or (f) for the purposes of any claim for exemption or for any allowance, deduction or repayment of tax under the Acts which is required to be made with the return, authorises the Revenue Commissioners to prescribe the form of a claim, shall not apply. (4) Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1) then, the time at which any requirement under the Acts to make a return is fulfilled shall be the day on which the receipt of the information referred to in that subsection is acknowledged in accordance with section 917J. (5) Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1), then, in a case where the transmission is made by— (a) an approved person on behalf of another person, or (b) an authorised person on behalf of another person (not being the person who authorised that authorised person), a hard copy of the information to be transmitted shall be made and authenticated in accordance with section 917K. (6) (a) Where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with subsection (1) then, any requirement that— (i) the return or any claim which is to be made with or attached to the return should be accompanied by any document (in this subsection referred to as a ‘supporting document’) other than the return or the claim, and (ii) the supporting document be delivered with the return or the claim, shall be treated as fulfilled by the person subject to the requirement if the person or the approved person referred to in subsection (1)(a) retains the document for inspection on request by a revenue officer. (b) Any person subject to the requirement referred to in paragraph (a) shall produce any supporting documents requested by a revenue officer within 30 days of that request. (c) The references in this subsection to a document include references to any accounts, certificate, evidence, receipts, reports or statements.
Approved persons.	917G.—(1) A person shall be an approved person for the purposes of this Chapter if the person is approved by the Revenue Commissioners for the purposes of transmitting electronically information which is required to be included in a return to which this Chapter applies (in this section referred to as ‘the transmission’) and complies with the provisions of this section and, in particular, with the conditions specified in subsection (3). (2) A person seeking to be approved under this section shall make application in that behalf to the Revenue Commissioners in writing or by such other means as may be approved of by the Revenue Commissioners for the purposes of this section. (3) The conditions referred to in subsection (1) are that— (a) the applicant for approval under this section signs an undertaking to comply with the requirements referred to in section 917H(2), and (b) the applicant signs an undertaking to permit, in addition to the applicant, only individuals duly authorised in writing by the applicant (each of whom is referred to in this section as an ‘authorised person’) to make a transmission. (4) A person seeking to be approved under this section shall be given notice by the Revenue Commissioners of the grant or refusal by them of the approval and, in the case of a refusal, of the reason for the refusal. (5) An approval under this section may be withdrawn by the Revenue Commissioners by notice in writing or by such other means as the Revenue Commissioners may decide with effect from such date as may be specified in the notice. (6) (a) A notice withdrawing an approval under the section shall state the grounds for the withdrawal. (b) No approval under this section may be withdrawn unless an approved person or an authorised person has failed to comply with one or more of the requirements referred to in section 917H(2). (7) A person who is refused approval under this section or whose approval under this section is withdrawn may appeal to the Appeal Commissioners against the refusal or withdrawal. (8) The appeal under subsection (7) shall be made by notice to the Revenue Commissioners before the end of the period of 30 days beginning with the day on which notice of the refusal or withdrawal was given to the person. (9) The Appeal Commissioners shall hear and determine an appeal made to them under subsection (7) as if it were an appeal against an assessment to income tax, and the provisions of the Tax Acts relating to appeals shall apply accordingly.
Approved transmissions.	917H.—(1) Where an approved person transmits electronically information which is required to be included in a return to which this Chapter applies the transmission shall not be an approved transmission unless it complies with the requirements of this section. (2) The Revenue Commissioners shall notify an approved person of any requirements for the time being determined by them as being applicable to that person with respect to the manner in which information which is required to be included in a return to which this Chapter applies is to be transmitted electronically. (3) The requirements referred to in subsection (2) include, in particular, requirements as to the software or type of software to be used to make a transmission.
Digital signatures.	917I.—(1) In this section— ‘asymmetric cryptosystem’ means an algorithm or series of algorithms which provide a secure key pair; ‘digital signature’ means the transformation of a message by an approved person or an authorised person using an approved asymmetric cryptosystem such that the Revenue Commissioners having possession of the message and the public key in respect of that approved person can accurately determine— (a) whether the transformation was created using the private key which corresponds to that public key, and (b) whether the message has been altered since the transformation was made; ‘key pair’ means a private key and its corresponding public key in an asymmetric cryptosystem such that the public key verifies a digital signature that the private key creates; ‘private key’ means the key of a key pair used by an approved person to create a digital signature; ‘public key’ means the key of a key pair used by the Revenue Commissioners to verify a digital signature; ‘message’ means the information referred to in section 917F(1). (2) This section shall apply solely for the purposes of affixing an electronic signature to an electronic transmission of information which is required to be included in a return to which this Chapter applies and for no other purpose. (3) The Revenue Commissioners, or a person or persons appointed in that behalf by the Revenue Commissioners, (in this section referred to as the ‘certification authority’) shall assign to each approved person a unique key pair. (4) The certification authority shall ensure that it uses an accurate and reliable system to create a key pair. (5) The certification authority shall ensure that an approved person is issued with the private key component of that person's key pair in a secure manner and subject to such conditions as it considers necessary to ensure that the key is not misused. (6) A private key shall be used by an approved person or an authorised person solely for the purposes of affixing the digital signature referred to in section 917F(1)(c).
Acknowledgement of electronic transmissions.	917J.— For the purposes of this Chapter, where an electronic transmission of information which is required to be included in a return to which this Chapter applies is received by the Revenue Commissioners, the Revenue Commissioners shall send an electronic acknowledgement of receipt of that transmission to the person from whom it was received.
Hard copies.	917K.—(1) A hard copy shall be made in accordance with this subsection only if— (a) the hard copy is made under processes and procedures which are designed to ensure that the information contained in the hard copy shall only be the information to be transmitted in accordance with section 917F(1), (b) the hard copy is in a form approved by the Revenue Commissioners which is appropriate to the information so transmitted, and (c) the hard copy is authenticated in accordance with subsection (2). (2) For the purposes of this Chapter, a hard copy made in accordance with subsection (1) shall be authenticated only if the hard copy is signed by the person who would have been required to make the declaration, sign the return or furnish the certificate, as the case may be, but for paragraph (a), (b) or (d) of section 917F(3).
Exercise of powers.	917L.—(1) This section shall apply where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with section 917F(1). (2) Where this section applies the Revenue Commissioners and a revenue officer shall have all the powers and duties in relation to the information contained in the transmission as they or that officer would have had if the information had been contained in a return made by post. (3) Where this section applies the person whose obligation to make a return to which this Chapter applies is treated as fulfilled in accordance with section 917F(1) shall have all the rights and duties in relation to the information contained in the transmission as the person would have had if that information had been contained in a return made by post.
Proceedings.	917M.—(1) This section shall apply where the obligation of any person to make a return to which this Chapter applies is treated as fulfilled in accordance with section 917F(1). (2) In this section, ‘proceedings’ means civil and criminal proceedings, and includes proceedings before the Appeal Commissioners or any other tribunal having jurisdiction by virtue of any provision of the Acts. (3) Where this section applies a hard copy certified by a revenue officer to be a true copy of the information transmitted electronically in accordance with section 917F(1) shall be treated for the purposes of any proceedings in relation to which the certificate is given as if the hard copy— (a) were a return or, as the case may be, a claim made by post, and (b) contained any declaration, certificate or signature required by the Acts on such a return or, as the case may be, such a claim. (4) For the purposes of any proceedings under the Acts, unless a Judge or any other person before whom proceedings are taken determines at the time of the proceedings that it is unjust in the circumstances to apply this provision, any rule of law restricting the admissibility or use of hearsay evidence shall not apply to a representation contained in a document recording information which has been transmitted in accordance with section 917F(1) in so far as the representation is a representation as to— (a) the information so transmitted, (b) the date on which, or the time at which, the information was so transmitted, or (c) the identity of the person by whom or on whose behalf the information was so transmitted.
Miscellaneous.	917N.— The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by this Chapter to be performed or discharged by the Revenue Commissioners.”.

210 Amendment of section 884 (returns of profits) of Taxes Consolidation Act, 1997.

210.— Section 884 of the Taxes Consolidation Act, 1997, is hereby amended by the insertion of the following paragraph after paragraph (a) of subsection (2):

“(aa) such further particulars for the purposes of corporation tax as may be required by the notice or specified in the prescribed form in respect of the return,”.

211 Amendment of section 1078 (revenue offences) of Taxes Consolidation Act, 1997.

211.— Section 1078 of the Taxes Consolidation Act, 1997, is hereby amended—

(a) in subsection (2), by the insertion after paragraph (h) of the following paragraph:

“(hh) knowingly or wilfully falsifies, conceals, destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, any books, records or other documents—

(i) which the person has been given the opportunity to deliver, or as the case may be, to make available in accordance with section 900(3), or

(ii) which the person has been required to deliver or, as the case may be, to make available in accordance with a notice served under section 900, 902, 906A or 907, or an order made under section 901, 902A or 908,”,

(b) in subsection (3)(b), by the substitution for “£10,000” of “£100,000”,

and

(c) by the insertion after subsection (3) of the following subsection:

“(3A) Where a person has been convicted of an offence referred to in subparagraph (i), (ii) or (iv) of subsection (2)(g), then, if an application is made, or caused to be made to the court in that regard, the court may make an order requiring the person concerned to comply with any provision of the Acts relating to the requirements specified in the said subparagraph (i), (ii) or (iv), as the case may be.”.

212 Amendment of section 1094 (tax clearance in relation to certain licences) of Taxes Consolidation Act, 1997.

212.— Section 1094 of the Taxes Consolidation Act, 1997, is hereby amended by—

(a) in subsection (1)—

(i) in the definition of “licence” by the substitution for paragraphs (h) and (i) of the following:

“(h) section 101 of the Finance Act, 1999;”,

and

(ii) by the insertion after the definition of “licence” of the following definition—

“‘market value’, in relation to any property, means the price which such property might reasonably be expected to fetch on a sale in the open market on the date on which the property is to be valued;”,

and

(b) by the insertion after subsection (3) of the following subsection:

“(3A) Where—

(a) the first-mentioned person will be the beneficial holder of a licence due to commence on a specified date on foot of a certificate granted or to be granted under section 2(1) (as amended by section 23 of the Intoxicating Liquor Act, 1960) of the Licensing (Ireland) Act, 1902,

(b) the second-mentioned person was the beneficial holder of the last licence issued prior to the specified date in respect of the premises for which the certificate referred to in paragraph (a) was granted, and

(c) the acquisition of the premises by the said first-mentioned person was for a consideration of less than market value at the date of such acquisition,

then, subsection (3) shall apply as if—

(i) the reference to the year ending on that date were a reference to 5 years ending on that date, and

(ii) the reference to the activities conducted under the licence was a reference to the activities conducted by the second-mentioned person under the last licence held by the said person prior to the specified date.”.

213 Discharge by Minister for Finance of liability in respect of certain borrowings by Minister for Agriculture and Food.

213.—(1) In this section—

“the Minister” means the Minister for Finance;

“the relevant Minister” means the Minister for Agriculture and Food.

(2) The Minister may, after consultation with the relevant Minister, enter into an agreement with the person referred to hereafter in this subsection for the payment by the Minister to that person in such money (including money in a currency other than the currency of the State) and on such terms and conditions as to the manner, time of payment, release of security (if any), discharge of liability of the relevant Minister or otherwise as the Minister considers appropriate and are specified in the agreement, of amounts in respect of the principal of such moneys as stand borrowed from a person by the relevant Minister and not repaid to that person by him or her, together with an amount equal to the amount of the interest payable by the relevant Minister on such principal and any other sum that is or may become payable by the relevant Minister to the said person in respect of such borrowings.

(3) If an agreement referred to in subsection (2) is entered into, the Minister may pay to the person concerned such amounts as are specified in subsection (2) on the terms and conditions specified in the agreement.

(4) Neither the entering into an agreement by the Minister under subsection (2) nor the making by him or her of any payment under subsection (3) shall impose any liability on the relevant Minister to the Minister in respect of the agreement or payment.

(5) All moneys required by the Minister to meet amounts payable by him or her under or by virtue of this section shall be advanced out of the Central Fund or the growing produce thereof.

(6) The National Treasury Management Agency Act, 1990, is hereby amended in the First Schedule by—

(a) the deletion in paragraph (k) of “and”, and

(b) the addition of the following paragraph after paragraph (l):

“and

(m) section 213 of the Finance Act, 1999.”.

214 Amendment of Industrial Development Act, 1995.

214.— The Industrial Development Act, 1995, is hereby amended in subsection (3)(a) of section 10 (which section includes the power of the Minister for Enterprise, Trade and Employment to make grants, out of moneys provided by the Oireachtas, to County Enterprise Boards) by the substitution of “£200,000,000” for “£100,000,000”.

215 Capital Services Redemption Account.

215.—(1) In this section—

“the 1998 amending section” means section 130 of the Finance Act, 1998;

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

“the forty-ninth 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, 1999, subsection (4) of the 1998 amending section shall have effect with the substitution of “£125,553,826” for “£120,289,536”.

(3) Subsection (6) of the 1998 amending section shall have effect with the substitution of “£95,050,986” for “£92,457,250”.

(4) A sum of £142,789,461 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, 1999.

(5) The forty-ninth 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-ninth additional annuity, not exceeding £109,751,200 in any financial year, may be applied towards defraying the interest on the public debt.

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

216 Care and management of taxes and duties.

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

217 Short title, construction and commencement.

217.—(1) This Act may be cited as the Finance Act, 1999.

(2) Part 1 (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 2 (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 3 shall be construed together with the Value-Added Tax Acts, 1972 to 1998, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1999.

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

(6) Part 5 shall be construed together with Part VI of the Finance Act, 1983 and the enactments amending or extending that Part.

(7) Part 6 (so far as relating to capital acquisitions tax) shall be construed together with the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act.

(8) Part 7 (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 customs) shall be construed together with the Custom Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to duties of excise and the management of those duties and (so far as relating to value-added tax) shall be construed together with the Value-Added Tax Acts, 1972 to 1999, and (so far as relating to stamp duty) shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act and (so far as relating to residential property tax) shall be construed together with Part VI of the Finance Act, 1983, and the enactments amending or extending that Part and (so far as relating to gift tax or inheritance tax) shall be construed together with the Capital Acqusitions Tax Act, 1976, and the enactments amending or extending that Act.

(9) Part 1 shall, save as is otherwise expressly provided therein, apply as on and from the 6th day of April, 1999.

(10) In relation to Part 3:

(a) sections 127 and 129 shall be deemed to have come into force and shall take effect as on and from the 1st day of March, 1999;

(b) section 132 shall take effect as on and from the 1st day of May, 1999;

(c) section 139 shall take effect as on and from the 1st day of July, 1999;

(d) paragraph (b) of section 125, paragraph (b) of section 128, paragraph (b) of section 130, section 131 and section 134 shall take effect as on and from the 1st day of September, 1999;

(e) section 122, paragraph (a) of section 128, section 133 and paragraph (b) of section 138 shall take effect as on and from the 1st day of January, 2000;

(f) the provisions of that Part, other than those specified in paragraphs (a), (b), (c), (d) and (e), shall have effect as on and from the date of passing of this Act.

(11) 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.

(12) 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.

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

SCHEDULE 1 Amendments Consequential on Change in Rate of Corporation Tax

The Taxes Consolidation Act, 1997, is hereby amended in accordance with the following provisions of this Schedule.

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

“(2) Where a company which carries on a trade which consists of or includes the manufacture of goods claims and proves as respects a relevant accounting period that during that period any amount was receivable in respect of the sale in the course of the trade of goods, corporation tax payable by the company for that period, in so far as it is referable to the income from the sale of those goods, shall be reduced—

(a) by eleven-sixteenths, in so far as it is corporation tax charged on profits which under section 26(3) are apportioned to the financial year 1998,

(b) by nine-fourteenths, in so far as it is corporation tax charged on profits which under section 26(3) are apportioned to the financial year 1999,

(c) by seven-twelfths, in so far as it is corporation tax charged on profits which under section 26(3) are apportioned to the financial year 2000,

(d) by one-half, in so far as it is corporation tax charged on profits which under section 26(3) are apportioned to the financial year 2001,

(e) by three-eighths, in so far as it is corporation tax charged on profits which under section 26(3) are apportioned to the financial year 2002, and

(f) by one-fifth, in so far as it is corporation tax charged on profits which under section 26(3) are apportioned to the financial year 2003 or any subsequent financial year,

and the corporation tax referable to the income from the sale of those goods shall be such an amount as bears to the part of the relevant corporation tax charged on profits which under section 26(3) are apportioned to the financial year in question the same proportion as the income from the sale of those goods bears to the total income brought into charge to corporation tax for the relevant accounting period.”,

and

(b) by the insertion of the following after subsection (5):

“(5A) Where any part of the profits of an accounting period of a company is charged to corporation tax in accordance with section 21A, then—

(a) for the purposes of this section, the relevant corporation tax in relation to the accounting period shall be reduced by an amount determined by the formula—

	R	x S
	100

where—

R is the rate per cent specified in section 21A(3) in relation to the accounting period, and

S is an amount equal to so much of the profits of the company for the accounting period as are charged to tax in accordance with section 21A.

and

(b) notwithstanding section 4(4)(b), the income of a company, referred to in the expression ‘total income brought into charge to corporation tax’, for the accounting period for the purposes of subsection (2) shall be the sum determined by section 4(4)(b) for that period reduced—

(i) in accordance with sections 454 and 455, and

(ii) by an amount equal to so much of the profits of the company for the accounting period as are charged to tax in accordance with section 21A.”.

(a) in paragraph 5—

(i) in subparagraph (2)—

(I) for the definition of “S” in clause (i)(I) there shall be substituted the following:

“S is—

(A) as respects accounting periods beginning on or after the 1st day of January, 1998, and before the 1st day of January, 1999, 16/11, and

(B) as respects accounting periods beginning on or after the 1st day of January, 1999, and before the 6th day of April, 1999, 14/9,”,

and

(II) for the definition of “S” in clause (ii) there shall be substituted the following:

“S is—

(I) as respects accounting periods beginning on or after the 1st day of January, 1998, and before the 1st day of January, 1999, 5/11, and

(II) as respects accounting periods beginning on or after the 1st day of January, 1999, and before the 6th day of April, 1999, 5/9.”,

and

(ii) in subparagraph (3), for clause (a) there shall be substituted the following clause:

(a) For the purposes of subparagraph (2)—

(i) where an accounting period begins before the 1st day of January, 1998, and ends on or after that day, it shall be divided into one part beginning on the day on which the accounting period begins and ending on the 31st day of December, 1997, and another part beginning on the 1st day of January, 1998, and ending on the day on which the accounting period ends, and both parts shall be treated as if they were separate accounting periods,

(ii) where an accounting period begins before the 1st day of January, 1999, and ends on or after that day but before the 6th day of April, 1999, it shall be divided into one part beginning on the day on which the accounting period begins and ending on the 31st day of December, 1998, and another part beginning on the 1st day of January, 1999, and ending on the day on which the accounting period ends, and both parts shall be treated as if they were separate accounting periods,

(iii) where an accounting period begins before the 1st day of January, 1999, and ends on or after the 6th day of April, 1999, it shall be divided into three parts, one part beginning on the day on which the accounting period begins and ending on the 31st day of December, 1998, another part beginning on the 1st day of January, 1999, and ending on the 5th day of April, 1999, and another part beginning on the 6th day of April, 1999, and ending on the day on which the accounting period ends, and each part shall be treated as if it were a separate accounting period, and

(iv) where an accounting period begins on or after the 1st day of January, 1999, and ends on or after the 6th day of April, 1999, it shall be divided into two parts, one part beginning on the day on which the accounting period begins and ending on the 5th day of April, 1999, and another part beginning on the 6th day of April, 1999, and ending on the day on which the accounting period ends, and both parts shall be treated as if they were separate accounting periods.”,

(b) paragraph 5 shall be deleted with effect from the 6th day of April, 1999,

(c) in paragraph 6—

(i) in subparagraph (2) for the definition of “S” in clause (ii) there shall be substituted the following:

“S has the same meaning as in paragraph 5(2)(ii)”,

and

(ii) in subparagraph (3) for clause (a) there shall be substituted the following clause:

“(a) Subparagraph (3)(a) of paragraph 5 shall apply for the purposes of subparagraph (2) as it applies for the purposes of subparagraph (2) of that paragraph.”,

(d) paragraph 6 shall be deleted with effect from the 6th day of April, 1999,

(e) in paragraph 16—

(i) in subparagraph (3) for clauses (a) to (c) there shall be substituted the following clauses:

“(a) as respects accounting periods beginning on or after the 1st day of January, 1998, and ending before the 1st day of January, 1999, 17 per cent,

(b) as respects accounting periods beginning on or after the 1st day of January, 1999, and ending before the 1st day of January, 2000, 13 per cent,

(c) as respects accounting periods beginning on or after the 1st day of January, 2000, and ending before the 1st day of January, 2001, 9 per cent,

(d) as respects accounting periods beginning on or after the 1st day of January, 2001, and ending before the 1st day of January, 2002, 5 per cent, and

(e) as respects accounting periods beginning on or after the 1st day of January, 2002, and ending before the 1st day of January, 2003, 1 per cent;”,

and

(ii) for subparagraph (5) there shall be substituted the following subparagraphs:

“(5) Relief shall not be allowed under this paragraph against corporation tax payable by a company in respect of accounting periods beginning on or after the 1st day of January, 2003.

(6) For the purposes of this paragraph, where an accounting period begins before the 1st day of January of a financial year and ends on or after that day, it shall be divided into two parts, one part beginning on the day on which the accounting period begins and ending on the 31st day of December of the preceding financial year, and another part beginning on the 1st day of January of the financial year and ending on the day on which the accounting period ends, and both parts shall be treated as if they were separate accounting periods.”,

and

(f) in paragraph 18—

(i) in subparagraph (4)—

(I) for the definition of “B” in clause (b) there shall be substituted the following:

“B is an amount determined by applying a rate equal to—

(a) as respects accounting periods beginning on or after the 1st day of January, 1998, and ending before the 1st day of January, 1999, 17 per cent,

(b) as respects accounting periods beginning on or after the 1st day of January, 1999, and ending before the 1st day of January, 2000, 13 per cent,

(c) as respects accounting periods beginning on or after the 1st day of January, 2000, and ending before the 1st day of January, 2001, 9 per cent,

(d) as respects accounting periods beginning on or after the 1st day of January, 2001, and ending before the 1st day of January, 2002, 5 per cent, and

(e) as respects accounting periods beginning on or after the 1st day of January, 2002, and ending before the 1st day of January, 2003, 1 per cent, to the amount of the company's income for the accounting period,”,

(II) for the definition of “D” in clause (b) there shall be substituted the following:

“D is an amount determined by applying a rate equal to—

(a) as respects accounting periods beginning on or after the 1st day of January, 1998, and ending before the 1st day of January, 1999, 17 per cent,

(b) as respects accounting periods beginning on or after the 1st day of January, 1999, and ending before the 1st day of January, 2000, 13 per cent,

(c) as respects accounting periods beginning on or after the 1st day of January, 2000, and ending before the 1st day of January, 2001, 9 per cent,

(d) as respects accounting periods beginning on or after the 1st day of January, 2001, and ending before the 1st day of January, 2002, 5 per cent, and

(e) as respects accounting periods beginning on or after the 1st day of January, 2002, and ending before the 1st day of January, 2003, 1 per cent,

to the amount of the company's income for the accounting period as reduced by the appropriate amount.”,

(III) after clause (b) there shall be inserted the following clause:

“(bb) Subject to clause (c), relief for any accounting period beginning on or after the 1st day of January, 2003, shall be an amount determined by the formula—

A — B

where—

A is the amount of corporation tax which, apart from this paragraph and section 448, is chargeable for the accounting period, and

B is the amount of corporation tax which, apart from this paragraph and section 448, would be chargeable for the accounting period if the amount of the company's income for the accounting period were reduced by the appropriate amount.”,

(IV) in clause (c), for “Notwithstanding clause (b)” there shall be substituted “Notwithstanding clauses (b) and (bb)”,

and

(ii) in subparagraph (6) for clause (a) there shall be substituted the following clause:

“(a) Subparagraph (6) of paragraph 16 shall apply for the purposes of this paragraph as it applies for the purposes of that paragraph.”.

SCHEDULE 2 Rates of Mineral Oil Tax

Description of Product	Rate of Duty
	£
Light Oil:
Leaded petrol	361.36 per 1,000 litres
Unleaded petrol	294.44 per 1,000 litres
Super unleaded petrol	357.22 per 1,000 litres
Aviation gasoline	180.68 per 1,000 litres
Heavy Oil:
Used as a propellant	256.14 per 1,000 litres
Fuel oil	10.60 per 1,000 litres
Other heavy oil	37.30 per 1,000 litres
Liquefied Petroleum Gas:
Used as a propellant	41.75 per 1,000 litres
Other liquefied petroleum gas	14.30 per 1,000 litres
Substitute Fuel:
Used as a propellant	256.14 per 1,000 litres
Other substitute fuel	37.30 per 1,000 litres

SCHEDULE 3 Repeals and Revocations relating to Excise Duty on Mineral Oil

PART 1 Repeals

Number and year	Short title	Extent of repeal
(1)	(2)	(3)
No. 31 of 1931.	Finance Act, 1931.	Section 5.
No. 43 of 1931.	Finance (Customs Duties) (No. 4) Act, 1931.	The whole Act, in so far as it is unrepealed.
No. 20 of 1932.	Finance Act, 1932.	Section 23, in so far as it is unrepealed, and section 36.
No. 15 of 1933.	Finance Act, 1933.	Section 7.
No. 7 of 1935.	Finance (Miscellaneous Provisions) Act, 1935.	Section 1, in so far as it is unrepealed.
No. 28 of 1935.	Finance Act, 1935.	Section 21, in so far as it is unrepealed.
No. 31 of 1936.	Finance Act, 1936.	Section 22.
No. 18 of 1939.	Finance Act, 1939.	Section 10 and 11.
No. 14 of 1940.	Finance Act, 1940.	Section 18.
No. 14 of 1941.	Finance Act, 1941.	Section 13, 14 and 19.
No. 14 of 1942.	Finance Act, 1942.	Section 8.
No. 15 of 1946.	Finance Act, 1946.	Section 10 and 11.
No. 12 of 1948.	Finance Act, 1948.	Section 3 and 4.
No. 13 of 1949.	Finance Act, 1949.	Section 17.
No. 15 of 1951.	Finance Act, 1951.	Sections 7 to 9.
No. 14 of 1952.	Finance Act, 1952.	Sections 6 and 7.
No. 22 of 1956.	Finance Act, 1956.	Sections 10 and 11.
No. 20 of 1957.	Finance Act, 1957.	Sections 10 and 11.
No. 25 of 1958.	Finance Act, 1958.	Section 14.
No. 18 of 1959.	Finance Act, 1959.	Section 19.
No. 19 of 1960.	Finance Act, 1960.	Sections 18 and 20.
No. 15 of 1964.	Finance Act, 1964.	Sections 16, 19 and 20.
No. 22 of 1965.	Finance Act, 1965.	Section 14.
No. 17 of 1966.	Finance Act, 1966.	Section 10.
No. 33 of 1968.	Finance Act, 1968.	Section 20.
No. 21 of 1969.	Finance Act, 1969.	Section 36.
No. 14 of 1970.	Finance Act, 1970.	Sections 29 and 30.
No. 27 of 1974.	Finance Act, 1974.	Section 78.
No. 16 of 1976.	Finance Act, 1976.	Sections 40 to 43.
No. 14 of 1980.	Finance Act, 1980.	Section 70.
No. 16 of 1981.	Finance Act, 1981.	Section 35.
No. 28 of 1981.	Finance (No. 2) Act, 1981.	Section 6.
No. 14 of 1982.	Finance Act, 1982.	Section 66.
No. 15 of 1983.	Finance Act, 1983.	Sections 60 and 70.
No. 9 of 1984.	Finance Act, 1984.	Section 73.
No. 10 of 1985.	Finance Act, 1985.	Section 29.
No. 13 of 1986.	Finance Act, 1986.	Sections 65, 72 and 73.
No. 10 of 1987.	Finance Act, 1987.	Section 36.
No. 10 of 1988.	Customs and Excise (Miscellaneous Provisions) Act, 1988.	Section 11.
No. 12 of 1988.	Finance Act, 1988.	Section 56.
No. 10 of 1989.	Finance Act, 1989.	Sections 40 and 45.
No. 10 of 1990.	Finance Act, 1990.	Section 89.
No. 13 of 1991.	Finance Act, 1991.	Section 74.
No. 9 of 1992.	Finance Act, 1992.	Sections 150 and 158.
No. 28 of 1992.	Finance (No. 2) Act, 1992.	Subsections (1)(b) and (2) of section 25 and subsection (4) of section 26.
No. 13 of 1993.	Finance Act, 1993.	Sections 69 and 72 and subsections (5) and (6) of section 79.
No. 13 of 1994.	Finance Act, 1994.	Section 84.
No. 8 of 1995.	Finance Act, 1995.	Sections 99 and 116.
No. 9 of 1996.	Finance Act, 1996.	Sections 79 and 80.
No. 22 of 1997.	Finance Act, 1997.	Sections 82 to 84.
No. 3 of 1998.	Finance Act, 1998.	Sections 89 and 90.

PART 2 Revocations

Number and year	Citation	Extent of revocation
(1)	(2)	(3)
S.I. No. 104 of 1959.	Imposition of Duties (No. 69) (Hydrocarbon Oils) (Excise Duties) Order, 1959.	The whole Order.
S.I. No. 219 of 1959.	Imposition of Duties (No. 84) (Hydrocarbon Oils) (Customs Duties) Order, 1959.	The whole Order.
S.I. No. 307 of 1975.	Imposition of Duties (No. 221) (Excise Duties) Order, 1975.	Paragraphs 11 and 12.
S.I. No. 279 of 1977.	Imposition of Duties (No. 232) (Hydrocarbon Oils) Order, 1977.	The whole Order.
S.I. No. 2 of 1978.	Imposition of Duties (No. 234) (Excise Duties on Hydrocarbon Oils and Beer) Order, 1978.	Paragraph 3 to 6.
S.I. No. 367 of 1981.	Imposition of Duties (No. 255) (Hydrocarbon Oils) Order, 1981.	The whole Order.
S.I. No. 404 of 1981.	Imposition of Duties (No. 256) (Excise Duty on Hydrocarbon Oils) Order, 1981.	The whole Order.
S.I. No. 9 of 1983.	Imposition of Duties (No. 261) (Excise Duties) Order, 1983.	Subparagraphs (1) to (4) of paragraph 8.
S.I. No. 85 of 1983.	Imposition of Duties (No. 264) (Hydrocarbons) Order, 1983.	The whole Order,
S.I. No. 126 of 1983.	Imposition of Duties (No. 265) (Excise Duty on Hydrocarbon Oils) Order, 1983.	The whole Order.
S.I. No. 3 of 1986.	Imposition of Duties (No. 281) (Hydrocarbons) Order, 1986.	The whole Order.
S.I. No. 19 of 1987.	Imposition of Duties (No. 285) (Excise Duties) Order, 1987.	Paragraph 5.
S.I. No. 394 of 1992.	European Communities (Customs and Excise) Regulations, 1992.	Regulations 21 to 24.

SCHEDULE 4 Rates of Excise Duty on Tobacco Products

Description of Product							Rate of Duty
Cigarettes		...	...	...	...	...	£66.76 per thousand together with an amount equal to 17.45 per cent of the price at which the cigarettes are sold by retail
Cigars	...	...	...	...	...	...	£101.334 per kilogram
Fine-cut tabacco for the rolling of cigarettes						...	£85.511 per kilogram
Other smoking tobacco				...	...	...	£70.302 per kilogram

SCHEDULE 5 Stamp Duties on Instruments