FINANCE ACT, 2001

• (4) If, where anything is delivered up, sold or destroyed under this section, it is held by the court in proceedings under this section that the thing was not liable to forfeiture at the time of its seizure, the Commissioners shall, subject to any deduction allowed under subsection (5), on demand tender to such claimant—

• (a) an amount equal to any sum paid by the claimant under subsection (2),

• (b) if they have sold the thing, an amount equal to the proceeds of sale, or

• (c) if they have destroyed the thing, an amount equal to the market value of the thing at the time of its seizure.

• (5) Where the amount to be tendered under subsection (4) includes any sum on account of any duty or tax chargeable on the thing which has not been paid before its seizure, the Commissioners may deduct from the amount so much of it as represents the duty or tax.

• (6) If the claimant accepts any amount tendered under subsection (4), such claimant shall not be entitled to maintain proceedings in any court on account of the seizure, detention, sale or destruction of the thing concerned.

• (7) All goods seized by an officer or by a member of the Garda Síochána as liable to forfeiture shall after condemnation of such goods be either—

• (a) sold or destroyed, or

• (b) otherwise disposed of in accordance with regulations made under section 153.

• (8) Notwithstanding any other provision of this Chapter relating to goods seized as liable to forfeiture, an officer who seizes as liable to forfeiture any spirits or any stills, vessels, utensils, wort or other material for manufacturing, distilling or preparing spirits may at the discretion of such officer forthwith spill, break up or destroy any of those goods.

Chapter 5 Miscellaneous

145 Appeals to Commissioners.

145.—(1) Any person who has paid or who, in the opinion of the Commissioners, is liable to pay a duty of excise and is called on by them to pay an amount of such duty may appeal in accordance with this section against the decision concerned in respect of the liability or the amount of the duty.

• (2) Any person who has claimed or received a repayment of a duty of excise may appeal to the Commissioners against the decision concerned in respect of the amount of such repayment or the refusal of such repayment.

• (3) Any person who is the subject of any of the following acts of the Commissioners:

• (a) a refusal to approve a person as an authorised warehousekeeper or a premises as a tax warehouse under section 109, or a revocation, under that section, of any such approval that has been granted,

• (b) a refusal to approve a person as a tax representative under section 113, or a revocation, under that section, of any such approval that has been granted,

• (c) a refusal to grant registration of a trader under section 116, or a revocation, under that section, of any such registration that has been granted,

• (d) a decision in relation to the registration of a vehicle, or the amendment of an entry in or the deletion of an entry from, the register referred to in section 131 of the Finance Act, 1992, by the Commissioners, or on their behalf, under that section 131,

• (e) a determination of an open market selling price of a vehicle under section 133(2) of the Finance Act, 1992, or

• (f) a granting, refusal or revocation of an authorisation under section 136 of the Finance Act, 1992, or a decision in relation to the arrangements for payment of vehicle registration tax under that section 136,

may appeal against such an act to the Commissioners.

• (4) An appeal under subsection (1), (2) or (3) shall be in writing and shall set forth in detail the grounds of appeal.

• (5) An appeal is to be lodged by the person concerned with the Commissioners within the period of 2 months from the date of—

• (a) the payment of a duty of excise,

• (b) the notification by the Commissioners on being called on by them to pay an amount of a duty of excise,

• (c) the repayment of a duty of excise,

• (d) the notification by the Commissioners of a refusal of a repayment by them of a duty of excise, or

• (e) the notification by the Commissioners of the doing by them of an act referred to in subsection (3),

or within such longer period as the Commissioners may, in exceptional cases, allow.

• (6) An appeal shall, subject to subsection (12), be determined by the Commissioners within a period of 30 days from its lodgement with the Commissioners.

• (7) The Commissioners may appoint one or more of their officers for the purposes of carrying out their functions under this section but no such officer shall determine an appeal under this section in respect of a decision he or she has made.

• (8) The Commissioners shall notify in writing an appellant concerned of their determination of an appeal and the reasons for their determination.

• (9) Where the Commissioners determine on appeal that the amount due is less than the amount paid, they shall repay the amount overpaid to the appellant concerned.

• (10) Where the Commissioners determine on appeal that the amount due is greater than the amount paid, the appellant concerned shall pay the amount underpaid.

• (11) For the purpose of determination of an appeal any goods or vehicles to which the appeal relates are to be produced to the Commissioners for inspection, if so required.

• (12) Where an appeal has been lodged but not determined in accordance with subsection (6) there shall be deemed to have been a determination by the Commissioners on the last day of the period of 30 days from the date the appeal was lodged that the appeal was not upheld but such deeming shall cease to have effect if a determination is subsequently made by the Commissioners before a determination is made by the Appeal Commissioners under section 146 in respect of the matter concerned.

• (13) The provisions of the Customs Acts or of any instruments made under those Acts, in so far as they apply to appeals concerning duties of excise, shall not apply in relation to any amount of excise duty capable of being the subject of an appeal under this section.

146 Appeals to Appeal Commissioners.

146.—(1) A person who is aggrieved by a determination of the Commissioners under section 145 may, in accordance with this section, appeal to the Appeal Commissioners against such determination and the appeal is to be heard and determined by the Appeal Commissioners whose determination is final and conclusive unless a case is required to be stated in relation to it for the opinion of the High Court on a point of law.

• (2) A person who intends to appeal under this section against a determination of the Commissioners shall—

• (a) within 30 days of the notification of such determination, or

• (b) within 30 days of the expiry of the time limit for such determination,

whichever is the earlier, give notice in writing to them of such intention.

• (3) Subject to this section—

• (a) Part 40, other than sections 942, 943 and (in so far as it relates to those sections) 944 of the Taxes Consolidation Act, 1997, and

• (b) section 957 of that Act,

shall, with any necessary modifications, apply as they apply for the purpose of income tax.

• (4)
• (a) Subject to paragraph (c), where a notice or other document which is required or authorised to be served by this section falls to be served on a body corporate, such notice is to be served on the secretary or other officer of the body corporate.

• (b) Any notice or other document which is required or authorised by this section—

• (i) to be served by the Commissioners or by an appellant may be served by post, and

• (ii) in the case of a notice or other document addressed to the Commissioners, shall be addressed and sent to the Revenue Commissioners, Dublin Castle, Dublin 2.

• (c) Any notice or other document which is required or authorised to be served by the Commissioners on an appellant under this section may be sent to the solicitor, accountant or other agent of the appellant and a notice so served is deemed to have been served on the appellant unless the appellant proves to the satisfaction of the Appeal Commissioners, that he or she had, before the notice or other document was served, withdrawn the authority of such solicitor, accountant or other agent to act on his or her behalf.

• (5) Prima facie evidence of any notice given under this section by the Commissioners or by an officer of the Commissioners may be given in any proceedings by production by an officer of the Commissioners of a document purporting to be a copy of the notice and it shall not be necessary to prove the official position of the person by whom the notice purports to be given or, if it is signed, the signature, or that the person signing and giving it was authorised so to do.

147 Payment of duty pending appeal.

147.—Where an appeal has been made under section 145 or 146 in respect of an amount of duty which a person is called on by the Commissioners to pay, such appeal, shall not be determined by the Commissioners or the Appeal Commissioners, as the case may be, unless such amount of duty has been paid.

148 Exclusion of criminal matters.

148.—Where liability for a duty of excise is the subject of criminal proceedings or a decision is pending on whether to initiate criminal proceedings in respect of such liability, then such liability or the amount of such liability or repayment connected with or sought in respect of such liability may not be appealed under section 145 or 146 until the determination of such criminal proceedings or a decision is duly taken not to initiate criminal proceedings.

149 Repeals and revocations (Part

149.—The enactments set out in Part 1 and Part 2 of Schedule 3 are repealed in the case of those set out in Part 1, and revoked in the case of those set out in Part 2, to the extent mentioned in the third column of those Parts opposite the reference to the enactment concerned.

150 Saver.

150.—(1) In this section and section 151 “repealed enactments” means the enactments repealed or revoked under section 149.

• (2) If, and in so far as a provision of this Part operates, as and from the day appointed under section 152, in substitution for a provision of the repealed enactments, any order or regulation made or having effect as if made, and anything done or having effect as if done, under the substituted provision before that day is to be treated on and from that day as if it were an order or regulation made or a thing done under the provision of this Part which so operates.

151 Continuity.

151.—(1) The provisions of this Part shall apply subject to so much of any Act which contains provisions relating to or affecting excise duties as—

• (a) is not repealed by this Part, and

• (b) would have operated in relation to these duties if this Part had not been substituted for the repealed enactments.

• (2) The continuity of the operation of the law relating to excise duties shall not be affected by the substitution of this Part for the repealed enactments.

• (3) Any reference, whether express or implied, in any enactment or document (including this Part)—

• (a) to any provision of this Part, or

• (b) to things done or to be done under or for the purposes of any provision of this Part,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision in the repealed enactments applied or had applied, a reference to, or, as the case may be, to things done or to be done under or for the purposes of, that corresponding provision.

• (4) Any reference, whether express or implied, in any enactment or document (including the repealed enactments and enactments passed and documents made)—

• (a) to any provision of the repealed enactments, or

• (b) to things done or to be done under or for the purposes of any provision of the repealed enactments,

shall, if and in so far as the nature of the reference permits, be construed as including, in relation to the times, years or periods, circumstances or purposes in relation to which the corresponding provision of this Part applies, a reference to, or as the case may be, to things done or deemed to be done or to be done under or for the purposes of, that corresponding provision.

• (5) All officers who stood authorised or nominated for the purposes of any provision of the repealed enactments are deemed to be authorised or nominated, as the case may be, for the purposes of the corresponding provision of this Part.

• (6) All instruments, documents, authorisations and letters or notices of appointment made or issued under the repealed enactments and in force immediately before the commencement of this provision shall continue in force as if made or issued under this Part.

152 Commencement.

152.—This Part shall come into operation on such day as the Minister may appoint by order, and different days may be so appointed for different provisions or for different purposes.

153 Regulations.

153.—(1) The Commissioners, for the purposes of giving effect to this Part and of managing, securing and collecting excise duties or for the protection of the revenues derived from such duties may make regulations.

• (2) In particular, but without prejudice to the generality of subsection (1), regulations under this section may, in respect of the excisable products referred to in section 97(1), make provision—

• (a) governing the securing, paying, collecting, remitting and repaying of excise duty,

• (b) governing the production, processing and holding of such products under a suspension arrangement,

• (c) governing the approval and the conditions to be attached to the approval of an authorised warehousekeeper and of a tax warehouse.

• (d) governing the conditions to be complied with by a non-State vendor in relation to excisable products being dispatched by or on behalf of such vendor to the State,

• (e) governing the registration, and the conditions to be attached to such registration, of a registered trader, including the provision of security, the accounts and records to be kept and the control requirements to be complied with,

• (f) governing the conditions to be imposed on a non-registered trader, including the provision of security, the form and content of the declaration to be given in advance of the dispatch of excisable products from another Member State under a suspension arrangement and the control requirements to be complied with,

• (g) governing the approval and the conditions to be attached to the approval of a tax representative, including the provision of security, the keeping of accounts and records and notification of the place of delivery of excisable products,

• (h) specifying in relation to an accompanying document referred to in section 117—

• (i) the form of the document to be used,

• (ii) the person responsible for completion of that document,

• (iii) the completion of that document and its proper content, and the correct procedures for issue of that document, including the number of copies to be issued and the persons to whom they are to be issued,

• (iv) the form of endorsement which is to be accepted as evidence that excisable products have been received in another Member State, including whether such endorsement is to include certification of receipt by the authorities of particular Member States,

• (v) cases where evidence of receipt of excisable products in another Member State is not received, including the nature of any action to be taken within specified time limits,

• (i) specifying, in relation to such accompanying document, the obligations, requirements and procedures to be complied with by persons resident or established in the State receiving excisable products under a suspension arrangement from another Member State including the obligations, requirements and procedures to be complied with—

• (i) on receipt of a copy or copies of that document from another Member State, or

• (ii) where a copy or copies of that document are not received or where any such copy is incomplete or where it does not accompany excisable products received,

• (j) specifying in relation to such accompanying document, the obligations, requirements and procedures to be complied with by persons—

• (i) receiving or intending to receive from another Member State excisable products released for consumption in that Member State, or

• (ii) dispatching or intending to dispatch to another Member State excisable products released for consumption in the State,

• (k) specifying, in relation to a duty document referred to in section 117, the form of that document and any necessary control requirements relating to its authentication,

• (l) specifying, in relation to the exemption certificate referred to in section 117, the form of that certificate and any necessary control requirements relating to its authentication,

• (m) governing the conditions to be complied with by a person who acquires excisable products released for consumption in another Member State for importation into the State,

• (n) establishing rules and criteria in relation to excisable products released for consumption in another Member State and imported into the State by a private individual whereby such products may be regarded as being imported for commercial purposes,

• (o) providing for the conditions to be attached to, and the procedures to be complied with, in any case where repayment of excise duty is claimed on the delivery for commercial purposes of excisable products on which excise duty has been paid in the State to another Member State or on the purchase of such products from a State vendor by a person in another Member State,

• (p) governing any conditions to be complied with in relation to the remission of excise duty on losses of excisable products incurred during the production, processing, holding or transportation of such products under a suspension arrangement, or on losses incurred in the course of transportation of such products to the State under a suspension arrangement,

• (q) requiring that excisable products be packaged, marked, or put up in sealed containers in order to facilitate identification of products being moved under suspension,

• (r) requiring that excisable products released for consumption in the State be marked, stamped or made otherwise identifiable as being duty paid,

• (s) specifying the obligations, requirements and procedures to be complied with by a person in the State receiving wine under a suspension arrangement from a small wine producer, and

• (t) prescribing the conditions to be fulfilled and the procedures to be followed by any person claiming repayment of excise duty under section 105, and, in particular—

• (i) the form, manner and time of making an application for repayment of the duty,

• (ii) the nature of the evidence of payment of duty in the State to be provided with such application,

• (iii) the requirement of evidence of payment or securing of the excise duty in the Member State to which the excisable products are to be delivered,

• (iv) the requirement of the use of an accompanying document, as provided for in section 117,

• (v) the nature of the evidence of delivery of the excisable products where delivered from the State to be provided with such application, and

• (vi) any other such conditions and requirements as appear to the Commissioners to be necessary.

PART 3 Customs and Excise

Miscellaneous

154 Tobacco products.

154.—(1) In this section and in Schedule 4—

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

“cigarettes”, “cigars”, “fine-cut tobacco for the rolling of cigarettes” and “smoking tobacco” have the same meanings as they have in the Act of 1977, as amended by section 86 of the Finance Act, 1997.

• (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 Schedule 3 to the Finance Act, 2000, be charged, levied and paid, as on and from 1 January 2001 at the several rates specified in Schedule 4.

155 Hydrocarbons and substitute motor fuel.

155.—(1) The rebate of duty on mineral hydrocarbon light oil provided for in section 56(3) of the Finance Act, 1988, shall, as respects mineral hydrocarbon light oil on which it is shown to the satisfaction of the Revenue Commissioners that duty at the rate specified in section 89(2) of the Finance Act, 1998, has been paid on or after 7 December 2000, be calculated at the rate of £86.92 per 1,000 litres.

• (2) The duty of excise on hydrocarbon oil imposed by Paragraph 12(1) of the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975), shall, in lieu of the rate specified in section 82(5) of the Finance Act, 1997, be charged, levied and paid, as on and from 7 December 2000, at the rate of £196.14 per 1,000 litres.

• (3) The duty of excise on substitute motor fuel imposed by section 116(2) of the Finance Act, 1995, shall, in lieu of the rate specified in section 82(6) of the Finance Act, 1997, be charged, levied and paid, as on and from 7 December 2000, at the rate of £196.14 per 1,000 litres.

• (4) Subsection (2) shall, on and from such day as may be specified by order of the Minister for Finance, apply only to hydrocarbon oil with a maximum sulphur content of 50 milligrammes per kilogramme.

156 Rates of mineral oil tax.

156.—(1) The Finance Act, 1999, is amended by the substitution of the following Schedule for 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	274.44 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	196.14 per 1,000 litres
Kerosene used other than as a propellant	25.00 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	196.14 per 1,000 litres
Other substitute fuel	37.30 per 1,000 litres

”.

• (2)
• (a) The Finance Act, 1999, is amended by the substitution of the following Schedule for Schedule 2 (inserted by subsection (1)):

“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	274.44 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 with a maximum sulphur content of 50 milligrammes per kilogramme	196.14 per 1,000 litres
	Other heavy oil used as a propellant	256.14 per 1,000 litres
	Kerosene used other than as a propellant	25.00 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	196.14 per 1,000 litres
	Other substitute fuel	37.30 per 1,000 litres

”.

• (b) This subsection shall come into operation on such day as the Minister for Finance appoints by order.

157 Amendment of section 10 (tobacco products manufacturer's licence) of Finance (Excise Duty on Tobacco Products) Act, 1977.

157.—Section 10 (as amended by the Finance Act, 1989) of the Finance (Excise Duty on Tobacco Products) Act, 1977, is amended in subsection (5) by the substitution of “£1,500” for “£500”.

158 Amendment of section 10A (offences in relation to tax stamps) of Finance (Excise Duty on Tobacco Products) Act, 1977.

158.—Section 10A (inserted by the Finance Act, 1994) of the Finance (Excise Duty on Tobacco Products) Act, 1977, is amended—

• (a) in subsection (3)(a) by the substitution of “£1,500” for “£1,000”, and

• (b) by the substitution of the following subsection for subsection (4):

• “(4) In a prosecution for an offence under subsection (1) of this section, it shall be presumed until the contrary is shown—

  • (a) that duty had not been paid in respect of any pack or packs which do not have a tax stamp affixed thereto,

  • (b) that in respect of any pack or packs which do not have a tax stamp affixed thereto—

    • (i) section 104(2), of the Finance Act, 2001 does not apply,

    • (ii) the pack or packs are not being held under a duty-suspension arrangement, and

    • (iii) the Revenue Commissioners have not permitted, under section 2A(1), payment of the duty to be subject to section 2A(4),

  • (c) in the case of a prosecution for keeping for sale or delivery, that the tobacco products concerned were so kept and were not kept for private use,

  • (d) that a thing is a cigarette or other tobacco product where, in the opinion of an officer of the Revenue Commissioners, it is contained in any form of packaging which, by virtue of any wording thereon, its shape and other characteristics, is indicative of the contents consisting of one or more than one cigarette or of another tobacco product and the officer so states that opinion.”.

159 Amendment of section 11 (offences) of Finance (Excise Duty on Tobacco Products) Act, 1977.

159.—Section 11 (as amended by the Finance Act, 1994) of the Finance (Excise Duty on Tobacco Products) Act, 1977, is hereby amended by the substitution of “£1,500” for “£1,000”.

160 Amendment of section 21 (duties on hydrocarbon oil) of Finance Act, 1935.

160.—Section 21 of the Finance Act, 1935 (as amended by the Finance Act, 1983), is amended in subsection (12) by the substitution of “a penalty, under the law relating to customs or the law relating to excise (as the case may be), of “£1,500” for “a penalty, under the law relating to customs or the law relating to excise (as the case may be), of “£1,000”.

161 Amendment of section 72 (removal of prescribed market, etc. from hydrocarbon oil) of Finance Act, 1986.

161.—Section 72 of the Finance Act, 1986, is amended in subsection (4) by the substitution of “a penalty, under the law relating to customs or the law relating to excise (as the case may be), of “£1,500” for “a penalty, under the law relating to customs or the law relating to excise (as the case may be) of “£1,000”.

162 Amendment of section 57 (removal of substances mixed with goods liable to excise duty) of Finance Act, 1988.

162.—Section 57 of the Finance Act, 1988, is amended in subsection (3)(a) by the substitution of “an excise penalty not exceeding “£1,500” for “an excise penalty not exceeding “£1,000”.

163 Amendment of section 94 (interpretation, Chapter 1) of Finance Act, 1999.

163.—Section 94 of the Finance Act, 1999, is amended in subsection (1) by the substitution of the following definitions, respectively, for the definitions of “standard tank” and “substitute fuel”:

“‘standard tank’, in relation to a motor vehicle or other mechanically propelled vehicle, means—

• (a) a tank of a type permanently fixed by the manufacturer to all vehicles of the same type as the vehicle concerned and whose permanent fitting enables fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems,

• (b) a gas tank fitted to a vehicle designed for the direct use of gas as a fuel and a tank fitted to any other system with which the vehicle may be equipped, or

• (c) a tank of a type permanently fixed by the manufacturer to all containers of the same type as the container concerned and whose permanent fitting enables fuel to be used directly for the operation, during transport, of the refrigeration systems or other systems with which a special container is equipped;

‘substitute fuel’ means any product, including biofuel, in liquid form, manufactured, produced or intended for use, capable of being used or used as fuel for a motor or as heating fuel but does not include an additive, hydrocarbon oil or liquefied petroleum gas;”.

164 Amendment of section 99 (passenger road services) of Finance Act, 1999.

164.—Section 99 of the Finance Act, 1999, is amended by the substitution of the following for subsection (1) (inserted by the Finance Act, 2000):

• “(1) Where a person who—

  • (a) carries on a passenger road service within the meaning of section 2 of the Road Transport Act, 1932, pursuant to a passenger licence granted under section 11 of that Act,

  • (b) lawfully carries on, other than pursuant to such a licence, such a passenger road service,

  • (c) provides a school transport service pursuant to an agreement with the Minister for Education and Science, or

  • (d) carries on a passenger road service or provides a school transport service pursuant to an agreement with a person to whom and in respect of such service to which paragraph (a), (b) or (c), as may be appropriate, applies,

  shows to the satisfaction of the Commissioners that heavy oil on which mineral oil tax has been paid has been used by such person for combustion in the engine of a mechanically propelled vehicle in the course of providing such service, the Commissioners shall, subject to compliance with such conditions as they may think fit, repay to such person the amount of mineral oil tax paid less an amount calculated at the rate of £17.90 per 1,000 litres on such mineral oil so used.”.

165 Amendment of section 100 (reliefs from mineral oil tax for certain mineral oils) of Finance Act, 1999.

165.—Section 100 of the Finance Act, 1999, is amended in subsection (1)—

• (a) by the substitution of the following paragraph for paragraph (f):

• “(f) mineral oil present, at the time of importation into the State, in the standard tank of a commercial motor vehicle or of an other commercial mechanically propelled vehicle provided that, in the case of oil in a fuel tank, such oil was released in a Member State for use as a propellant;”,

and

• (b) by the substitution of the following paragraphs for paragraph (k):

• “(k) mineral oil in respect of which the Minister thinks it proper to repay or remit mineral oil tax or part of that tax to the extent that the Minister thinks proper;

• (l) mineral oil used by a manufacturer in the production of mineral oil.”.

166 Amendment of section 102 (offences) of Finance Act, 1999.

166.—Section 102 of the Finance Act, 1999, is amended in subsections (2) and (4)(a) by the substitution of “a fine of “£1,500” for “a fine of “£1,000”.

167 Deferment of duty on beer, made wine, wine and spirits.

167.—(1) In this section—

“Act of 1993” means the Finance Act, 1993.

• (2) Chapter III of Part II of the Act of 1993 is amended—

• (a) by the substitution of the following for section 74, as amended by section 81 of the Finance Act, 1996:

“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 the last day of the month succeeding the month in which the duty is payable.”,

and

• (b) by the substitution of the following for subsection (3) of section 75:

• “(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 the last day of the month succeeding the month in which the duty is payable.”,

• (3) The Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. 307 of 1975) is amended—

• (a) by the substitution of the following for subparagraph (3) (inserted by section 93 of the Finance Act, 1998) of Paragraph 4:

• “(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 subparagraph (2) of this Paragraph to be deferred to a day not later than the last day of the month succeeding the month in which the duty is payable.”,

and

• (b) by the substitution of the following for subparagraph (2A) (as amended by section 75 of the Finance Act, 1993) of Paragraph 5:

• “(2A) 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 subparagraph (2) of this Paragraph to be deferred to a day not later than the last day of the month in which the duty is payable.”.

168 Remission or repayment in respect of vehicle registration tax on certain hybrid electric vehicles.

168.—Chapter IV of Part II of the Finance Act, 1992, is amended by the insertion of the following after section 135B:

“135C.—(1) Where a person first registers a category A vehicle or a category B vehicle during the period from 1 January 2001 to 31 December 2002 and the Commissioners are satisfied that the vehicle is a series production hybrid electric vehicle, the Commissioners may remit or repay to that person 50 per cent of the vehicle registration tax payable or paid in accordance with paragraphs (a), (aa), (b) or (c) of section 132(3).

• (2) In this section ‘hybrid electric vehicle’ means a vehicle that derives its motive power from a combination of an electric motor and an internal combustion engine and is capable of being driven on electric propulsion alone for a material part of its normal driving cycle.”,

169 Amendment of section 130 (interpretation) of Finance Act, 1992.

169.—(1) Section 130 of the Finance Act, 1992, is amended—

• (a) by the substitution of the following definition for the definition of “category B vehicle” (as amended by section 72 of the Finance Act, 1996):

“‘category B vehicle’ means a vehicle (other than a category A vehicle, a category D vehicle, a motorcycle or a listed vehicle) which—

• (a) in the case of a crew cab—

  • (i) has a cargo area length of not more than 45 per cent of its wheelbase, and

  • (ii) is not more than 2,519 kilograms gross vehicle weight,

  or

• (b) in the case of a motor caravan, is not more than 3,000 kilograms unladen weight, or

• (c) is not more than 2,519 kilograms gross vehicle weight or not more than 2.449 metres wheelbase:

but if a vehicle is of not more than 1,600 kilograms unladen weight and the roofed area of the vehicle to the rear of the driver's seat has a load volume of more than 2 cubic metres when measured in such manner as the Commissioners may approve, the vehicle shall not be regarded as a category B vehicle;”,

and

• (b) by the substitution of the following definition for the definition of “crew cab” (inserted by section 72 of the Finance Act, 1996):

“‘crew cab’ means a vehicle which is shown to the satisfaction of the Commissioners to comprise a cab with seating for a driver and a minimum of 3 and a maximum of 6 other persons and a cargo area to the rear of the cab which is completely separated from the cab by a partition which is permanently fixed;”.

• (2) This section shall come into operation on such day as the Minister for Finance may appoint by order.

170 Excise duty on mineral oil licence.

170.—Section 101 of the Finance Act, 1999, is amended by the substitution, in subsection (8), of “£200” for “£30”.

171 Imposition of duty on liquor licence for National Concert Hall.

171.—(1) There shall be charged, levied and paid on a licence granted pursuant to section 2 of the Intoxicating Liquor (National Concert Hall) Act, 1983, and on the due renewal of every such licence a duty of excise of £200.

• (2) A licence granted by the Revenue Commissioners pursuant to section 2 of the Intoxicating Liquor (National Concert Hall) Act, 1983, shall expire at midnight on the next following 30 September after the passing of this Act or the commencement of the period to which the licence relates whichever is the later, and may be renewed.

172 Tax clearance in relation to excise licences.

172.—Section 2 of the Intoxicating Liquor (National Concert Hall) Act, 1983, is amended by the insertion of the following after subsection (1):

• “(1A) Notwithstanding anything to the contrary in any other enactment, a licence shall not be granted or renewed by the Revenue Commissioners under this section in respect of any period commencing on or after 1 October 2001 unless a tax clearance certificate in relation to the licence or its renewal has been issued in accordance with section 1094 of the Taxes Consolidation Act, 1997.”.

173 Amendment of section 49 (grant of licences and date of expiration of licences) of Finance (1909-10) Act, 1910.

173.—Section 49 of the Finance (1909-10) Act, 1910, is amended in the proviso (inserted by section 156 of the Finance Act, 1992) to subsection (1) by the substitution of “a spirits retailer's on-licence, a spirits retailer's off-licence, a wine retailer's on-licence, a wine retailer's off-licence or a beer retailer's off-licence” for “a spirits retailer's on-licence, a spirits retailer's off-licence or a wine retailer's on-licence”.

174 Amendment of section 18 (firearm certificate duty) of Finance Act, 1964.

174.—Section 18 of the Finance Act, 1964, is amended by the substitution in subsection (1), in the definition of “firearm certificate”, of “Firearms Acts, 1925 to 2000” for “Firearms Acts, 1925 and 1964”.

175 Amendment of Chapter-III (amusement machine licence duty) of Part II of Finance Act, 1992.

175.—Chapter III of Part II of the Finance Act, 1992, is amended in section 120 (interpretation of Chapter III)—

• (a) by the insertion in subsection (1) of the following definition after the definition of “public place”:

“‘the public’ includes members of clubs, organisations and other distinct groupings of individuals;”,

and

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

• “(d) when played once and successfully by a player, affords that player no more than an opportunity—

• (i) to play again once more without paying to play, or

• (ii) to obtain a non-monetary prize which, if available for purchase or a similar item were so available, would not normally exceed £5 in value.”.

176 Amendment of section 43 (gaming machine licence duty) of Finance Act, 1975.

176.—Section 43 of the Finance Act, 1975, is amended—

• (a) by the insertion in subsection (1) of the following definition after the definition of “premises”:

“‘the public’ includes members of clubs, organisations and other distinct groupings of individuals;”,

and

• (b) by the substitution in paragraph (a) of subsection (2) of the following:

“affords that player no more than an opportunity—

• (i) to play again once more without paying to play, or

• (ii) to obtain a non-monetary prize which, if available for purchase or a similar item were so available, would not normally exceed £5 in value,

shall be deemed not to be a gaming machine.”,

for “affords that player no more than an opportunity to play again (once or more often) without paying to play shall be deemed not to be a gaming machine.”.

177 Amendment of section 34 (amendments relative to penalties) of Finance Act, 1963.

177.—(1) Section 34 of the Finance Act, 1963, is amended—

• (a) in subsection (4)—

• (i) by the substitution in paragraph (c)(i) of “£1,500” for “£1,000” (inserted by the Finance Act, 1983),

• (ii) by the substitution in paragraph (d)(ii) of “£1,500” for “£1,000” (as so inserted),

and

• (b) by the substitution in subsection (5) of “£1,500” for “£1,000” (as so inserted).

• (2) With effect on and from 1 January 2002, section 34 of the Finance Act, 1963, is amended—

• (a) in subsection (4)—

• (i) by the substitution in paragraph (c)(i) of “€1,900” for “£1,500” (inserted by subsection (1)),

• (ii) by the substitution in paragraph (d)(ii) of “€1,900” for “£1,500” (as so inserted),

and

• (b) by the substitution in subsection (5) of “€1,900” for “£1,500” (as so inserted).

178 Amendment of section 89 (amendment of penalties under section 186 (illegally importing) of Customs Consolidation Act, 1876) of Finance Act, 1997.

178.—(1) Section 89 of the Finance Act, 1997, is amended by the substitution in paragraph (a) of “£1,500” for “£1,000”.

• (2) With effect on and from 1 January 2002, section 89 of the Finance Act, 1997, is amended by the substitution in paragraph (a) of “€1,900” for “£1,500” (inserted by subsection (1)).

179 Amendment of Customs Consolidation Act, 1876.

179.—The Customs Consolidation Act, 1876, is amended—

• (a) by the deletion of section 172,

• (b) in section 202 by the substitution of “of an officer of the Revenue Commissioners” for “of the Collector or other proper officer of Customs at the nearest Customs House”, and

• (c) by the substitution of the following section for section 257:

“Institution of summary proceedings.	257.—Notwithstanding the provisions of any other enactment, summary proceedings in relation to any offence under the Customs Acts may be instituted within 3 years from the date of the offence.”.

180 Repeal of the Customs Consolidation Act, 1876, Amendment Act, 1890.

180.—The Customs Consolidation Act, 1876, Amendment Act, 1890, is repealed.

PART 4 Value-Added Tax

181 Interpretation (Part 4).

181.—In this Part—

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

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

“Act of 1995” means the Finance Act, 1995;

“Act of 1999” means the Finance Act, 1999;

“Act of 2000” means the Finance Act, 2000.

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

182.—Section 3 of the Principal Act is amended in subsection (5)—

• (a) in subparagraph (iii) of paragraph (b) by the insertion after “person” of “even if that business or that part thereof had ceased trading”, and

• (b) by the insertion of the following after paragraph (c) (inserted by the Act of 1999):

• “(d) The disposal of goods by an insurer who has taken possession of them from the owner of those goods, in this subsection referred to as the “insured”, in connection with the settlement of a claim under a policy of insurance, being goods—

• (a) in relation to the acquisition of which the insured had borne tax, and

• (b) which are of such a kind or were used in such circumstances that no part of the tax borne was deductible by the insured,

shall be deemed for the purposes of this Act not to be a supply of goods.”.

183 Amendment of section 5 (supply of services) of Principal Act.

183.—Section 5 of the Principal Act is amended—

• (a) in subsection (6)(e) by the insertion of the following after subparagraph (iii) (inserted by the Finance Act, 1986):

“(iiia) in case they are received, otherwise than for a business purpose, by a person in the State (referred to in this subparagraph as the ‘recipient’) and are supplied by a person who has his establishment in another Member State of the Community, in circumstances in which value-added tax referred to in Council Directive No. 77/388/EEC of 17 May 1977 is not payable in that Member State because the recipient held himself out or allowed himself to be held out as a taxable person within the meaning of Article 4 of that Directive in respect of such supplies, the State,”,

and

• (b) by the substitution of the following for subsection (8) (inserted by the Act of 1978):

• “(8)

  • (a) The transfer of goodwill or other intangible assets of a business, in connection with the transfer of the business or part thereof, even if that business or that part thereof had ceased trading, by—

    • (i) a taxable person to another taxable person or a flat-rate farmer, or

    • (ii) a person who is not a taxable person to another person,

    shall be deemed, for the purposes of this Act, not to be a supply of services.

  • (b) For the purposes of this subsection, ‘taxable person’ shall not include a person who is a taxable person solely by virtue of subsections (1A) and (2) of section 8.”.

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

184.—Section 8(2) of the Principal Act is amended in paragraph (a) (inserted by the Finance Act, 1993) by the insertion of “, (iiia)” after “(iii)”.

185 Amendment of section 10A (margin scheme goods) of Principal Act.

185.—Section 10A (inserted by the Act of 1995) of the Principal Act is amended in the definition of “margin scheme goods” (inserted by the Act of 1999) by the substitution of “paragraphs (c) and (d) of subsection (5) of section 3” for “section 3(5)(c)”.

186 Amendment of section 10B (special scheme for auctioneers) of Principal Act.

186.—Section 10B (inserted by the Act of 1995) of the Principal Act is amended by the insertion of the following after paragraph (aa) (inserted by the Act of 1999):

• “(aaa) an insurer within the meaning of section 3(5)(d) (inserted by this Act) who took possession of those goods in connection with the settlement of a claim under a policy of insurance and whose disposal of the goods is deemed not to be a supply of the goods in accordance with section 3(5)(d) (inserted by this Act)”.

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

187.—Section 11 of the Principal Act is amended in subsection (1) (inserted by the Finance Act, 1992)—

• (a) by the substitution in paragraph (a) of “20 per cent” for “21 per cent”, and

• (b) by the substitution in paragraph (f) of “4.3 per cent” for “4.2 per cent” (inserted by the Act of 2000).

188 Amendment of section 12 (deduction for tax borne or paid) of Principal Act.

188.—Section 12 of the Principal Act is amended—

• (a) by the insertion in paragraph (a) of subsection (1) after “deduct”, of “, subject to making any adjustment required in accordance with section 12D,”,

• (b) by the insertion in paragraph (b) (inserted by the Finance Act, 1987) of subsection (1) of the following after paragraph (ia):

• “(ib) the operation, in accordance with Commission Regulation (EC) No. 2777/2000 of 18 December 2000, of the Cattle Testing or Purchase for Destruction Scheme, by a body who is a taxable person by virtue of the Value-Added Tax (Agricultural Intervention Agency) Order, 2001 (S.I. No. 11 of 2001).”,

and

• (c) by the substitution in paragraph (f) of subsection (4) (inserted by the Act of 2000) of “shall” for “may”.

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

189.—Section 12A (inserted by the Act of 1978) of the Principal Act is amended in subsection (1) by the substitution of “4.3 per cent” for “4.2 per cent” (inserted by the Act of 2000).

190 Amendment of section 12B (special scheme for means of transport supplied by taxable dealers) of Principal Act.

190.—Section 12B (inserted by the Act of 1995) of the Principal Act is amended in subsection (2)(aa) by the substitution of “paragraphs (c) and (d) of subsection (5) of section 3” for “section 3(5)(c)”.

191 Adjustment of tax deductible in certain circumstances.

191.—The Principal Act is amended by the insertion of the following after section 12C—

“12D.—(1) For the purposes of this section—

‘full year’ shall be any continuous period of twelve months;

‘interest’ in relation to immovable goods has the meaning assigned to it by section 4.

• (2) Where—

  • (a) a person makes a transfer of an interest in immovable goods in accordance with section 3(5)(b)(iii), and

  • (b) but for the application of that section, tax would have been chargeable on the transfer, and the person (referred to in this section as a ‘transferor’) was entitled to deduct part of the tax charged on the most recent purchase or acquisition of an interest in, or the development of, the immovable goods subject to that transfer,

  that transferor shall, for the purposes of section 12, be entitled to increase the amount of tax deductible for the taxable period within which the transfer is made by an amount calculated in accordance with the following formula:

  	(T - TD) × (Y - N)
  	Y

  where—

  T is the tax chargeable on that most recent purchase or acquisition of an interest in, or that development of, the immovable goods,

  TD is the tax that the transferor was entitled to deduct on that most recent purchase or acquisition of an interest in, or that development of, the immovable goods,

  Y is 20 or, if the interest when it was created in the immovable goods being transferred was for a period of less than 20 years, the number of full years in that interest, and

  N is the number of full years since the interest was created or, if the goods were developed since that interest was created, the number of full years since the most recent development:

  but if that N is greater than that Y, such an amount calculated shall be deemed to be nil.

• (3) Where a transferor acquired an interest in immovable goods as a result of a transfer in accordance with section 3(5)(b)(iii) and the transferor did not develop those immovable goods since the acquisition then, for the purposes of subsection (2), the amount by which that transferor shall be entitled to increase the amount of tax deductible, in accordance with section 12, for the taxable period in which the transferor transfers those goods, shall be calculated in accordance with the following formula:

	A × (Y - N)
	Y

where—

A is the amount which the transferor was required to calculate and reduce his or her deductible amount by, in accordance with subsection (4), when the transferor acquired the interest in those goods,

Y is 20 or, if the interest when it was created in the immovable goods being transferred was for a period of less than 20 years, the number of full years in that interest, and

N is the number of full years since the interest was created or, if the goods were developed since that interest was created, the number of full years since the most recent development:

but if that N is greater than that Y, such an amount calculated shall be deemed to be nil.

• (4) Where a person receives an interest in immovable goods as a result of a transfer and the person would not have been entitled to deduct all the tax that would have been chargeable on the transfer but for the application of section 3(5)(b)(iii), that person shall reduce the amount of tax deductible by that person, for the purposes of section 12, for the period within which the transfer was made, by an amount calculated in accordance with the following formula:

	(T1 - TD1) × (Y - N)
	Y

where—

T1 is the amount of tax that would have been chargeable on the transfer if section 3(5)(b)(iii) did not apply,

TD1 is the amount of tax that would have been deductible by the transferee if section 3(5)(b)(iii) had not applied to the transfer,

Y is 20 or, if the interest when it was created in the immovable goods being transferred was for a period of less than 20 years, the number of full years in that interest, and

N is the number of full years since the interest was created or, if the goods were developed since that interest was created, the number of full years since the most recent development:

but if that N is greater than that Y, such an amount calculated shall be deemed to be nil.”.

192 Amendment of section 13A (supplies to, and intra-Community acquisitions and imports by, certain taxable persons) of Principal Act.

192.—Section 13A of the Principal Act (inserted by the Finance Act, 1993) is amended in subsection (1) by the substitution in the definition of “qualifying person” of “subparagraphs (a)(1), (aa), or (b)” for “subparagraph (a)(1) or (b)”.

193 Amendment of section 17 (invoices) of Principal Act.

193.—Section 17 of the Principal Act is amended—

• (a) by the substitution of the following for subsection (1A) (inserted by the Finance Act, 1986):

• “(1A)

  • (a) An invoice or other document required to be issued by a person under this section shall, subject to paragraph (b), be deemed to be so issued by that person if the particulars which are required by regulations to be contained in such invoice or other document are recorded, retained and transmitted electronically by a system or systems which ensures the integrity of those particulars and the authenticity of their origin, without the issue of any invoice are other document containing those particulars.

  • (b) An invoice of other document required to be issued under this section shall not be deemed by paragraph (a) to be so issued unless the person, who is required to issue such invoice or other document, complies with such conditions as are specified by regulations and the system or systems used by that person conforms with such specifications as are required by regulations.

  • (c) The person who receives a transmission referred to in paragraph (a) shall not be deemed to be issued with an invoice or other document required to be issued under this section unless the particulars which are required by regulations to be contained in such invoice or other document are received electronically in a system which ensures the integrity of those particulars and the authenticity of their origin and unless the system conforms with such specifications as are required by regulations and that person complies with such conditions as are specified by regulations.”,

• (b) by the insertion of the following after subsection (1AA) (inserted by the Finance Act, 1996):

• “(1AAA) Where a person, referred to in this subsection as the ‘owner’, supplies financial services of the kind specified in subparagraph (i)(e) of the First Schedule in respect of goods which are supplied within the meaning of section (3)(1)(b), being goods which are handed over from a person in another Member State to a taxable person acting as such in the State, referred to in this subsection as the ‘acquirer’, then the owner shall issue a document to the acquirer and shall indicate thereon—

  • (a) that the acquirer is liable to account for the tax, if any, due in respect of the intra-Community acquisition of those goods, and

  • (b) such other particulars as are specified by regulations in respect of an invoice issued in accordance with subsection (1).”,

and

• (c) by the substitution of “subsections (1AA), (1AAA)” for “subsection (1AA)” in subsection (1AB).

194 Amendment of section 19 (tax due and payable) of Principal Act.

194.—Section 19 of the Principal Act is amended in subsection (3)(aa) (inserted by the Finance Act, 1989)—

• (a) by the insertion in subparagraph (ii)(II) after “remit to the Collector-General any amount of tax payable by him in respect of such taxable periods,” of “and, in the case of an authorised person referred to in subparagraph (iv)(III) that amount shall be the balance of tax remaining to be paid, if any, after deducting from it, the amount of tax paid by him by direct debit in respect of his accounting period,”, and

• (b) in subparagraph (iv) by the insertion after clause (II) of the following:

• “(III) without prejudice to the generality of the foregoing, require an authorised person to agree with the Collector-General a schedule of amounts of money which he undertakes to pay on dates specified by the Collector-General by monthly direct debit from his account with a financial institution and the total of the amounts specified in that schedule shall be that person's best estimate of his total tax liability for his accounting period and he shall review on an on-going basis whether the total of the amounts specified in that schedule is likely to be adequate to cover his actual liability for his accounting period and where this is not the case or is not likely to be the case, he shall agree a revised schedule of amounts with the Collector-General and adjust his monthly direct debit amounts accordingly.”.

195 Amendment of section 21 (interest) of Principal Act.

195.—Section 21 of the Principal Act is amended by the insertion of the following after subsection (1):

• “(1A) Where the amount of the balance of tax remaining to be paid in accordance with section 19(3)(aa)(ii)(II) by an authorised person referred to in section 19(3)(aa)(iv)(III) (in this subsection referred to as the ‘balance’) represents more than 20 per cent of the tax which the authorised person became accountable for in respect of his accounting period, then, for the purposes of this subsection, that balance shall be deemed to be payable on a day (in this subsection referred to as the ‘accrual day’) which is 6 months prior to the final day for the furnishing of a return in accordance with section 19(3)(aa)(ii)(II) and simple interest in accordance with this section shall apply from that accrual day, however, where an authorised person can demonstrate to the satisfaction of the Collector-General that the amount of interest payable on the balance, in accordance with this subsection, is greater than the sum of the amounts of interest which would have been payable in accordance with this section if—

  • (a) the authorised person was not so authorised,

  • (b) the person had submitted a return in accordance with section 19(3)(a) for each taxable period comprising the accounting period, and

  • (c) the amounts which were paid by direct debit during a taxable period are deemed to have been paid on the due date for submission of that return for that taxable period,

  then that sum of the amounts of interest is payable.”.

196 Amendment of section 22 (estimation of tax due for a taxable period) of Principal Act.

196.—Section 22 of the Principal Act is amended by the substitution in paragraph (a) of subsection (2) of “fourteen” for “twenty-one”.

197 Amendment of section 27 (fraudulent returns, etc.) of Principal Act.

197.—Section 27 of the Principal Act is amended—

• (a) by the insertion of the following after subsection (4):

• “(4A) If a person acquires goods without payment of value-added tax (as referred to in Council Directive No. 67/388/EEC of 17 May 1977) in another Member State as a result of the declaration of an incorrect registration number, that person shall be liable to a penalty of £500 and, in addition, that person shall be liable to pay to the Revenue Commissioners an amount equal to the amount of tax which would have been chargeable on an intra-Community acquisition of those goods if that declaration had been the declaration of a correct registration number.”,

and

• (b) in subsection (9A)(4) (inserted by the Finance Act, 1994)—

• (i) by the substitution of “For the purposes of this section” for “For the purposes of subparagraph (b) of paragraph (1)”,

and

• (ii) by the insertion of the following after subparagraph (b):

• “(bb) the declaration by a person of a registration number which is cancelled,”.

198 Repeal of section 37 (substitution of agent, etc., for person not resident in State) of Principal Act.

198.—Section 37 of the Principal Act is repealed.

199 Amendment of First Schedule to Principal Act.

199.—The First Schedule to the Principal Act is amended —

• (a) by the insertion in paragraph (ii) after “(including the supply of goods and services incidental thereto” of “, other than the supply of research services”,

• (b) by the insertion in paragraph (iv) after “letting of immovable goods” of “(which does not include the service of allowing a person use a toll road or a toll bridge)”,

• (c) by the insertion in paragraph (ix)(a) after “persons”, of “and”,

• (d) by the deletion in paragraph (ix) of—

• (i) subparagraph (b) (inserted by the Finance Act, 1982),

• (ii) subparagraph (c) (inserted by the Finance Act, 1987), and

• (iii) of the words “the services of loss adjusters and excluding” (inserted by the Finance Act, 1994),

and

• (e) by the substitution of the following for paragraph (xi):

• “(xi) insurance and reinsurance transactions, including related services performed by insurance brokers and insurance agents and, for the purposes of this paragraph, ‘related services’ includes the collection of insurance premiums, the sale of insurance, and claims handling and claims settlement services where the supplier of the insurance services delegates the authority to an agent and is bound by the decision of that agent in relation to that claim;”.

200 Amendment of Second Schedule to Principal Act.

200.—The Second Schedule to the Principal Act is amended by the insertion of the following after paragraph (va):

“(vaa) subject to and in accordance with regulations, if any, the supply, hiring, repair and maintenance of equipment incorporated or for use in sea-going vessels to which subparagraph (a) of paragraph (v) relates;”.

PART 5 Stamp Duties

201 Interpretation (Part 5).

201.— In this Part “Principal Act” means the Stamp Duties Consolidation Act, 1999.

202 Amendment of section 58 (security for future advances, how to be charged) of Principal Act.

202.—(1) Section 58 of the Principal Act is amended—

• (a) in subsection (2) by the substitution of “£200,000” for “£20,000” in each place where it occurs, and

• (b) by the substitution of “€254,000” for “£200,000” (being inserted by paragraph (a) of this subsection) in each place where it occurs.

• (2)
• (a) Subsection (1)(a) shall apply and have effect in relation to instruments executed on or after 26 January 2001.

• (b) Subsection (1)(b) shall apply and have effect in relation to instruments executed on or after 1 January 2002.

203 Repeal of section 60 (short-term life insurance policies) of Principal Act.

203.— (1) Section 60 of the Principal Act is repealed.

• (2) Subsection (1) shall apply and have effect in relation to instruments executed and policies of life insurance varied on or after 1 January 2001.

204 Amendment of section 79 (conveyances and transfers of property between certain bodies corporate) of Principal Act.

204.—(1) Section 79 of the Principal Act is amended—

• (a) in subsection (7) by the substitution in paragraph (b) of “subsections (3) and (4)” for “subsection (3)”, and

• (b) in subsection (5) by the substitution in paragraph (a) of “subsections (3) and (4)” for “subsection (3)”.

• (2)
• (a) Subsection (1)(a) shall apply and have effect in relation to instruments executed on or after 15 February 2001.

• (b) Subsection (1)(b) shall apply and have effect in relation to instruments executed on or after 6 March 2001.

205 Dublin Docklands Development Authority.

205.—The Principal Act is amended by the substitution of the following for section 99:

“99.—(1) In this section ‘wholly-owned subsidiary’ has the meaning assigned to it by section 9 of the Taxes Consolidation Act, 1997 (as amended by the Finance Act, 2001).

• (2) Stamp Duty shall not be chargeable on any instrument under which any land, easement, way-leave, water right or any right over or in respect of the land or water is acquired by the Dublin Docklands Development Authority or any of its wholly-owned subsidiaries.”,

206 Transfer of site to child.

206.—(1) Chapter 1 of Part 7 of the Principal Act is amended by the insertion of the following section after section 83:

“83A.—(1) In this section—

‘site’, in relation to an instrument of conveyance, transfer or lease, includes any interest in land but does not include the site of a building which at the date of that instrument—

• (a) was used or was suitable for use as a dwelling or for another or other purposes, or

• (b) was in the course of being constructed or adapted for use as a dwelling or for another or other purposes.

• (2) Stamp Duty shall not be chargeable on any conveyance, transfer or lease of a site to which this section applies.

• (3) This section applies to any instrument which operates as a conveyance, transfer or lease of a site and which contains a statement, in such form as the Commissioners may specify, certifying—

  • (a) that the person becoming entitled to the entire beneficial interest in the site is a child of the person or of each of the persons immediately theretofore entitled to the entire beneficial interest in the site,

  • (b) that at the date of the instrument the value of that site does not exceed £200,000 and that the transaction thereby effected does not form part of a larger transaction or of a series of transactions whereby property with a value in excess of £200,000 is conveyed, transferred or leased to that child,

  • (c) that the purpose of the conveyance, transfer or lease is to enable that child to construct a dwellinghouse on that site which will be occupied by that child as his or her only or main residence, and

  • (d) that the transaction thereby effected is the first and only conveyance, transfer or lease of a site for the benefit of that child from either or both of the parents of that child which contains the certificate specified in this section.

• (4) Subsection (2) shall not apply to an instrument unless it has, in accordance with section 20, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.

• (5) The furnishing of an incorrect statement within the meaning of subsection (3) shall be deemed to constitute the delivery of an incorrect statement for the purposes of section 1078 of the Taxes Consolidation Act, 1997.”.

• (2) Subsection (1) shall apply and have effect in relation to instruments executed on or after 6 December 2000 subject to the substitution in subsection (3)(b) of section 83A (inserted by subsection (1)) of “€254,000” for “£200,000”, in each place where it occurs, for instruments executed on or after 1 January 2002.

207 Amendment of section 86 (certain loan stock) of Principal Act.

207.—(1) Section 86 of the Principal Act is amended in paragraph (b) by the substitution of “or Bord Gáis Éireann” for “Bord Gáis Éireann or Irish Telecommunications Investments p.l.c.”.

• (2) Subsection (1) shall have effect as respects instruments executed on or after 15 February 2001 but only in relation to loan stock issued on or after 15 February 2001.

208 Rent-a-room, etc.

208.—(1) The Principal Act is amended—

• (a) in section 91—

• (i) by the substitution in subparagraph (ii) of subsection (2)(b) of the following:

“no person—

• (I) other than a person who, while in such occupation, derives rent or payment in the nature of rent in consideration for the provision, on or after 6 April 2001, of furnished residential accommodation in part of the dwellinghouse or apartment concerned, or

• (II) other than by virtue of a title prior to that of the purchaser,

will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period, and”,

for “no person, other than by virtue of a title prior to that of the purchaser, will derive any rent or payment in the nature of rent for the use of that dwellinghouse or apartment, or of any part of it, during that period, and”, and

• (ii) by the substitution in subsection (2)(c) of “some person, other than a person referred to in clause (I) or (II) of subsection (2)(b)(ii)” for “some person, other than by virtue of a title prior to that of the purchaser”,

• (b) in section 92—

• (i) by the substitution in subparagraph (ii) of subsection (1)(b) of the following: