FINANCE ACT, 2002

• “(d) (i) Where a person who owns, occupies or controls land (in this subsection referred to as a ‘premises provider’) allows, in the course or furtherance of business, a person not established in the State to supply goods for consideration in the course or furtherance of business (in this subsection referred to as a ‘mobile trader’) on that land for a period of less than seven consecutive days, then the premises provider shall, not later than fourteen days before the day when the mobile trader is allowed to supply goods on that land, furnish to the Revenue Commissioners, at the office of the Revenue Commissioners which would normally deal with the examination of the records kept by the premises provider in accordance with section 16, the following particulars—

  • (I) the name and address of the mobile trader,

  • (II) the dates on which the mobile trader intends to supply goods on the premises provider's land,

  • (III) the address of the land referred to in clause (II), and

  • (IV) any other information as may be specified in regulations.

• (ii) Where a premises provider allows, in the course or furtherance of business, a promoter not established in the State to supply on the premises provider's land a cultural, artistic, entertainment or similar service which in accordance with section (2)(aa) is deemed to be supplied by that promoter, then the premises provider shall, not later than fourteen days before such service is scheduled to begin, furnish to the Revenue Commissioners, at the office of the Revenue Commissioners which would normally deal with the examination of the records kept by the premises provider in accordance with section 16, the following particulars—

  • (I) the name and address of the promoter,

  • (II) details, including the dates, duration and venue, of the event or performance commissioned or procured by the promoter in the provision of that service, and

  • (III) any other information as may be specified in regulations.

• (iii) Where a premises provider fails to provide to the Revenue Commissioners true and correct particulars as required in accordance with subparagraph (i) or (ii), then the Revenue Commissioners may, where it appears necessary to them to do so for the protection of the revenue, make such premises provider jointly and severally liable with a mobile trader or promoter, as the case may be, for the tax chargeable in respect of supplies made by that mobile trader or promoter on the premises provider's land, and in those circumstances the Revenue Commissioners shall notify the premises provider in writing accordingly.

• (iv) A premises provider who has been notified in accordance with subparagraph (iii) shall be deemed to be a taxable person and shall be liable to pay the tax referred to in that subparagraph as if it were tax due in accordance with section 19 by the premises provider for the taxable period within which the supplies are made by the mobile trader or promoter, but the premises provider shall not be liable to pay tax referred to in subparagraph (iii) which the Revenue Commissioners are satisfied was accounted for by a mobile trader or promoter.”,

and

• (c) in subsection (8)—

• (i) by adding in paragraph (a)(i) “and the persons so notified shall be regarded as being in a group for as long as this paragraph applies to them,” after “accordingly,”, and

• (ii) by inserting the following after paragraph (c):

• “(d) Where a person in a group (in this subsection referred to as the ‘landlord’) having acquired an interest in, or developed, immovable goods to which section 4 applies, whether such acquisition or development occurred before or after the landlord became a person in the group, subsequently surrenders possession of those immovable goods, or any part of them, to another person in the group (in this subsection referred to as the ‘occupant’) where the surrender of possession if it were to a person not in the group would not constitute a supply of immovable goods in accordance with section 4, and either the landlord or the occupant subsequently ceases to be a person in the group (in this subsection referred to as a ‘cessation’) then, if that landlord does not have a waiver of his or her right to exemption from tax in accordance with section 7 still in effect at the time of the cessation—

• (i) the surrender of possession, or

• (ii) if that landlord surrendered possession of those immovable goods more than once to another person in the group, the first such surrender of possession,

shall be deemed to occur when that first such cessation takes place, but if such a landlord's waiver of his or her right to exemption from tax in accordance with section 7 has been cancelled before a surrender of possession of immovable goods to another person in the group ends, that surrender of possession shall be deemed to take place on the date of the said first such cessation.”.

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

102.—Section 10 of the Principal Act is amended—

• (a) by substituting in subsection (6) “Subject to subsection (6A), where” for “Where”,

• (b) by inserting the following after subsection (6):

• “(6A) Notwithstanding the provisions of subsection (6), where—

  • (a) a supplier—

    • (i) supplies a token, stamp, coupon or voucher, which has an amount stated on it, to a person who acquires it in the course or furtherance of business with a view to resale, and

    • (ii) promises to subsequently accept that token, stamp, coupon or voucher at its face value in full or part payment of the price of goods,

    and

  • (b) a person who acquires that token, stamp, coupon or voucher, whether from the supplier referred to in paragraph (a) or from any other person in the course or furtherance of business, supplies it for consideration in the course or furtherance of business,

  then in the case of each such supply the consideration received shall not be disregarded for the purposes of this Act and when such token, stamp, coupon or voucher is used in payment or part payment of the price of goods, the face value of it shall, for the purposes of section 10(2), be disregarded.”,

and

• (c) in subsection (7)(c) by inserting “(6A) or” after “subject to subsection”.

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

103.—Section 11(1)(a) of the Principal Act is amended by substituting “21 per cent” for “20 per cent” (inserted by the Finance Act, 2001).

104 Amendment of section 12D (adjustment of tax deductible in certain circumstances) of Principal Act.

104.—Section 12D of the Principal Act is amended in subsection (4) by substituting “calculate an amount which shall be payable as if it were tax due by that person in accordance with section 19 for the taxable period within which the transfer was made, and that amount shall be calculated” for “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”.

105 Amendment of section 13 (remission of tax on goods exported, etc.) of Principal Act.

105.—Section 13 of the Principal Act is amended in subsection (3)(b) by adding “other than services for which in accordance with section 8(2) the person who receives them is solely liable for the tax chargeable” after “in the State”.

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

106.—Section 19 of the Principal Act is amended—

• (a) in subsection (2) by inserting “However this subsection does not apply to the tax chargeable in respect of supplies of goods or services where tax is due in accordance with paragraph (a) or (b) of subsection (1) by a taxable person who is not authorised under section 14 to account for tax due by reference to the amount of the moneys received during a taxable period or part thereof.” after “at the time of such receipt.”, and

• (b) by inserting the following after subsection (3)(c):

• “(d) (i) A return required to be furnished by a taxable person under this subsection may be furnished by the taxable person or another person acting under the taxable person's authority for that purpose and a return purporting to be a return furnished by a person acting under a taxable person's authority shall be deemed to be a return furnished by the taxable person, unless the contrary is proved.

• (ii) Where a return in accordance with paragraph (i) is furnished by a person acting under a taxable person's authority the provisions of any enactment relating to value-added tax shall apply as if it had been furnished by the taxable person.”.

107 Letter of expression of doubt.

107.—The Principal Act is amended by inserting the following section after section 19A—

“19B.—(1) (a) Where a taxable person is in doubt as to the correct application of any enactment relating to value-added tax (in this section referred to as ‘the law’) to a transaction which could give rise to a liability to tax by that person or affect that person's liability to tax or entitlement to a deduction or refund of tax, then that taxable person may, at the same time as the taxable person furnishes to the Collector-General the return due in accordance with section 19 for the period in which the transaction occurred, lodge a letter of expression of doubt with the Revenue Commissioners at the office of the Revenue Commissioners which would normally deal with the examination of the records kept by that person in accordance with section 16, but this section shall only apply if that return is furnished within the time limits prescribed in section 19.

• (b) For the purposes of this section ‘letter of expression of doubt’ means a communication received in legible form which—

  • (i) sets out full details of the circumstances of the transaction and makes reference to the provisions of the law giving rise to the doubt,

  • (ii) identifies the amount of tax in doubt in respect of the taxable period to which the expression of doubt relates,

  • (iii) is accompanied by supporting documentation as relevant, and

  • (iv) is clearly identified as a letter of expression of doubt for the purposes of this section,

  and reference to an expression of doubt shall be construed accordingly.

• (2) Subject to subsection (3), where a return and a letter of expression of doubt relating to a transaction are furnished by a taxable person to the Revenue Commissioners in accordance with this section, the provisions of section 21 shall not apply to any additional liability arising from a notification to that person by the Revenue Commissioners of the correct application of the law to the said transaction, on condition that such additional liability is accounted for and remitted to the Collector-General by the taxable person as if it were tax due for the taxable period in which the notification is issued.

• (3) Subsection (2) does not apply where the Revenue Commissioners do not accept as genuine an expression of doubt in respect of the application of the law to a transaction, and an expression of doubt shall not be accepted as genuine in particular where the Revenue Commissioners—

  • (a) have issued general guidelines concerning the application of the law in similar circumstances,

  • (b) are of the opinion that the matter is otherwise sufficiently free from doubt as not to warrant an expression of doubt, or

  • (c) are of the opinion that the taxable person was acting with a view to the evasion or avoidance of tax.

• (4) Where the Revenue Commissioners do not accept an expression of doubt as genuine they shall notify the taxable person accordingly, and the taxable person shall account for any tax, which was not correctly accounted for in the return referred to in subsection (1), as tax due for the taxable period in which the transaction occurred, and the provisions of section 21 shall apply accordingly.

• (5) A taxable person who is aggrieved by a decision of the Revenue Commissioners that that person's expression of doubt is not genuine may, by giving notice in writing to the Revenue Commissioners within the period of twenty-one days after the notification of the said decision, require the matter to be referred to the Appeal Commissioners.

• (6) A letter of expression of doubt shall be deemed not to have been made unless its receipt is acknowledged by the Revenue Commissioners and that acknowledgement forms part of the records kept by the taxable person for the purposes of section 16.

• (7)

  • (a) For the purposes of this section ‘taxable person’ includes a person who is not a registered person and is in doubt as to whether he or she is a taxable person in respect of a transaction and in that case references to a return and records are to be construed as referring to a return that would be due under section 19 and records that would be kept for the purposes of section 16, if that person were in fact a taxable person.

  • (b) A person whose expression of doubt concerns whether he or she is a taxable person shall lodge that expression of doubt for the purposes of applying subsection (2) not later than the nineteenth day of the month following the taxable period in which the transaction giving rise to the expression of doubt occurred.”.

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

108.—Section 21 of the Principal Act is amended by substituting the following subsection for subsection (1)—

• “(1)

  • (a) Where any amount of tax becomes payable under section 19(3) and is not paid, simple interest on the amount shall be paid by the taxable person, and such interest shall be calculated from the date on which the amount became payable and at a rate of 0.0322 per cent for each day or part of a day during which the amount remains unpaid.

  • (b) Where an amount of tax is refunded to a person and where—

    • (i) no amount of tax was properly refundable to that person under section 20(1), or

    • (ii) the amount of tax refunded is greater than the amount properly refundable to that person under section 20(1),

    simple interest shall be paid by that person on any amount of tax refunded to that person which was not properly refundable to that person under section 20(1), from the date the refund was made, at the rate of 0.0322 per cent for each day or part of a day during which the person does not correctly account for any such amount refunded which was not properly refundable.”.

109 Amendment of section 25 (appeals) of Principal Act.

109.—Section 25 of the Principal Act is amended in subsection (1)—

• (a) by deleting paragraph (ab), and

• (b) by inserting the following after paragraph (ad):

• “(ae) the treatment of a person who allows supplies to be made on land owned, occupied or controlled by that person, as jointly and severally liable with another person, in accordance with section 8(2)(d),

• (af) the application of section 4(3A)(c),”.

110 Amendment of First Schedule to Principal Act.

110.—The First Schedule to the Principal Act is amended by inserting the following after paragraph (xv):

“(xva) The acceptance of totalisator bets—

• (a) by a person or a body of persons operating under a licence granted under the Totalisator Act, 1929, or

• (b) by a licensed bookmaker acting in accordance with the provisions of section 19A(a) of the Betting Act, 1931 (inserted by the Horse and Greyhound Racing Act, 2001);”.

PART 4 Stamp Duties

111 Interpretation (Part 4).

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

112 Amendment of section 76 (obligations of system-members) of Principal Act.

112.—(1) Section 76 of the Principal Act is amended in subsection (1) by substituting “6 years” for “3 years”.

• (2) Subsection (1) has effect in relation to instructions entered or caused to be entered in a relevant system by a system-member on or after the passing of this Act.

113 Amendment of Chapter 2 of Part 7 of Principal Act.

113.—(1) Chapter 2 of Part 7 of the Principal Act is amended—

• (a) in section 92A by inserting the following subsections after subsection (6):

• “(7) Notwithstanding subsection (2), subsection (3) shall not apply to an instrument to which subsection (1) applied and which was executed before 6 December 2001 to the extent that any rent or payment in the nature of rent is derived on or after 6 December 2001, for the use of the dwellinghouse or apartment or any part of the dwellinghouse or apartment.

• (8) This section shall not apply to an instrument executed on or after 6 December 2001.”,

• (b) in section 92B by substituting the following for subsection (2):

• “(2) The amount of stamp duty chargeable under or by reference to paragraphs (2) to (5) of the Heading ‘CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance’ or clauses (ii) to (v) of paragraph (3)(a) of the Heading ‘LEASE’, as the case may be, in Schedule 1 on any instrument to which this section applies shall be reduced, where paragraph (2) or clause (ii) applies, to nil, and where—

  • (a) paragraph (3) or clause (iii) applies, to an amount equal to three-fourths,

  • (b) paragraph (4) or clause (iv) applies, to an amount equal to three and three quarter-fifths,

  • (c) paragraph (5) or clause (v) applies, to an amount equal to four and one half-sixths,

  of the amount which would otherwise have been chargeable but where the amount so obtained is a fraction of €1 that amount shall be rounded down to the nearest €.”,

and

• (c) by deleting section 92C.

• (2)
• (a) Paragraph (a) of subsection (1) is deemed to have applied as on and from 6 December 2001.

• (b) Paragraph (b) of subsection (1) has effect in relation to instruments executed on or after 6 December 2001 subject to substituting, in subsection (2) of section 92B (inserted by subsection (1)), “£1” for “€1” and “up to the nearest £” for “down to the nearest €” for instruments executed on or after 6 December 2001 and before 1 January 2002.

• (c) Paragraph (c) of subsection (1) has effect in relation to instruments executed on or after 6 December 2001.

114 Amendment of Schedule 1 to Principal Act.

114.—(1) Schedule 1 to the Principal Act is amended—

• (a) under the Heading “CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance”—

• (i) in paragraph (1) by substituting—

“exceeds €127,000:

for the consideration which is attributable to

residential property .........Exempt.”

for

“exceeds €127,000 ....................9 per cent of the consideration which is attributable to residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”,

• (ii) in paragraph (2) by substituting “3 per cent” for “9 per cent”,

• (iii) in paragraph (3) by substituting “4 per cent” for “9 per cent”,

• (iv) in paragraph (4) by substituting “5 per cent” for “9 per cent”,

• (v) in paragraph (5) by substituting “6 per cent” for “9 per cent”, and

• (vi) in paragraph (6) by substituting “7.5 per cent” for “9 per cent”,

• (b) under the Heading “LEASE”—

• (i) in clause (i) of paragraph (3)(a) by substituting—

“exceeds €127,000:

for the consideration which is attributable to

residential property .........Exempt.”

for

“exceeds €127,000 ....................9 per cent of the consideration which is attributable to residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”,

• (ii) in clause (ii) of paragraph (3)(a) by substituting “3 per cent” for “9 per cent”,

• (iii) in clause (iii) of paragraph (3)(a) by substituting “4 per cent” for “9 per cent”,

• (iv) in clause (iv) of paragraph (3)(a) by substituting “5 per cent” for “9 per cent”,

• (v) in clause (v) of paragraph (3)(a) by substituting “6 per cent” for “9 per cent”, and

• (vi) in clause (vi) of paragraph (3)(a) by substituting “7.5 per cent” for “9 per cent”.

• (2)
• (a) Paragraphs (a)(i) and (b)(i) of subsection (1) apply to instruments executed on or after 6 December 2001 subject to substituting, in paragraph (1) of the Heading “CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance” (amended by subsection (1)) and in clause (i) of paragraph (3)(a) of the Heading “LEASE” (amended by subsection (1)), “£100,000” for “€127,000” for instruments executed on or after 6 December 2001 and before 1 January 2002.

• (b) Paragraphs (a)(ii), (a)(iii), (a)(iv), (a)(v), (a)(vi), (b)(ii), (b)(iii), (b)(iv), (b)(v) and (b)(vi) of subsection (1) apply to instruments executed on or after 6 December 2001.

PART 5 Capital Acquisitions Tax

115 Interpretation (Part 5).

115.—In this Part “Principal Act” means the Capital Acquisitions Tax Act, 1976.

116 Amendment of section 19 (value of agricultural property) of Principal Act.

116.—(1) Section 19 of the Principal Act is amended in subparagraph (ii) of subsection (5)(a) by substituting “6 years” for “4 years” (inserted by the Finance Act, 2001).

• (2) Subsection (1) has effect in relation to compulsory acquisitions made on or after the passing of this Act.

117 Amendment of section 36 (delivery of returns) of Principal Act.

117.—(1) Section 36 of the Principal Act is amended—

• (a) in paragraph (a) of subsection (4) by substituting “5 December 1991” for “2 December 1988”, and

• (b) in paragraphs (b) and (c) of subsection (14) by substituting “5 December 1991” for “the 2nd day of December, 1988”.

• (2) This section has effect in relation to gifts or inheritances taken on or after 5 December 2001.

118 Amendment of section 41 (payment of tax and interest on tax) of Principal Act.

118.—(1) Section 41 of the Principal Act is amended in subsection (2A)—

• (a) by substituting in paragraph (b) “subsection (3) or (4) of section 55” for “section 55(4)”,

• (b) by substituting in paragraph (d) “to apply,” for “to apply.”, and

• (c) by inserting the following after paragraph (d):

• “(e) to the extent to which subsection (5) or (6) of section 59C applies, for the duration of the period from the valuation date to the date the exemption ceases to apply.”.

• (2)
• (a) Paragraph (a) of subsection (1) applies where the event which causes the exemption to cease to be applicable occurs on or after 11 February 1999.

• (b) Paragraph (c) of subsection (1) applies where the event which causes the exemption to cease to be applicable occurs on or after 1 December 1999.

119 Amendment of section 52 (appeals in other cases) of Principal Act.

119.—(1) Section 52 of the Principal Act is amended by substituting the following for subsection (7):

• “(7) 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 the production of a document purporting—

  • (a) to be a copy of the notice, or

  • (b) if the details specified in the notice are contained in an electronic, photographic or other record maintained by the Commissioners, to reproduce those details in so far as they relate to the said 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 to do so.”.

• (2) This section has effect in relation to evidence of any notice given by the Commissioners or by an officer of the Commissioners in any proceedings on or after the passing of this Act.

120 Amendment of section 70 (delivery, service and evidence of notices and forms, etc.) of Principal Act.

120.—(1) Section 70 of the Principal Act is amended by substituting the following for subsection (3):

• “(3) Prima facie evidence of any notice given under this Act by the Commissioners or by an officer of the Commissioners may be given in any proceedings by the production of a document purporting—

  • (a) to be a copy of that notice, or

  • (b) if the details specified in that notice are contained in an electronic, photographic or other record maintained by the Commissioners, to reproduce those details in so far as they relate to that 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 to do so.”.

• (2) This section has effect in relation to evidence of any notice given by the Commissioners or by an officer of the Commissioners in any proceedings on or after the passing of this Act.

121 Amendment of Second Schedule (computation of tax) to Principal Act.

121.—(1) The Second Schedule to the Principal Act is amended in paragraph 3(a)(ii) by substituting “5 December 1991” for “2 December 1988”.

• (2) This section has effect in relation to gifts or inheritances taken on or after 5 December 2001.

122 Amendment of section 133 (exemption of certain policies of assurance) of Finance Act, 1993.

122.—Section 133 of the Finance Act, 1993, is amended—

• (a) by substituting the following for subsection (1):

• “(1) In this section—

‘assurance company’ has the meaning assigned to it by section 706 of the Taxes Consolidation Act, 1997;

‘new policy’ means a contract entered into by an assurance company which is a policy of assurance on the life of any person issued on or after 1 January 2001;

‘old policy’ means a contract entered into by an assurance company in the course of carrying on a foreign life assurance business within the meaning of section 451 of the Taxes Consolidation Act, 1997, and issued on or after 1 December 1992 and before 1 January 2001.”,

• (b) in subsection (2) by substituting “new policy or in an old policy” for “policy”, and

• (c) by substituting the following for subsection (3):

• “(3) Where—

  • (a) an interest in a new policy or in an old policy, as the case may be, which is comprised in a gift or inheritance came into the beneficial ownership of the disponer or became subject to the disposition prior to 15 February 2001, and

  • (b) the conditions at subparagraphs (i) and (iii) of subsection (2) are complied with,

  then that subsection shall apply to that interest in a new policy or in an old policy, as the case may be, if, at the date of the disposition, the proper law of the disposition was not the law of the State.”.

PART 6 Miscellaneous

123 Interpretation (Part 6).

123.—In this Part “Principal Act” means the Taxes Consolidation Act, 1997.

124 Amendment of section 1003 (payment of tax by means of donation of heritage items) of Principal Act.

124.—Section 1003 of the Principal Act is amended—

• (a) in subsection (2)(a)(I) by inserting the following after “cultural heritage of Ireland”:

“or whose import into the State would constitute a significant enhancement of the accumulated cultural heritage of Ireland”,

• (b) in subsection (2)(c)—

• (i) by substituting “€100,000” for “€95,250” in both places where it occurs, and

• (ii) by substituting “€6,000,000” for “€3,810,000”,

• (c) in subsection (3)(a) by substituting “shall, subject to paragraph (d), be estimated” for “shall be estimated”, and

• (d) by inserting the following after subsection (3)(c):

• “(d) Where the property is acquired at auction by the person making the gift, the market value of the property shall, for the purposes of this section, be deemed to include the auctioneer's fees in connection with the auction together with—

• (i) any amount chargeable under the Value-Added Tax Act, 1972, by the auctioneer to the purchaser of the property in respect of those fees and in respect of which the purchaser is not entitled to any deduction or refund under that Act or any other enactment relating to value-added tax, or

• (ii) in the case of an auction in a country other than the State, the amount chargeable to the purchaser of the property in respect of a tax chargeable under the law of that country which corresponds to value-added tax in the State and in relation to which the purchaser is not entitled to any deduction or refund.”.

125 Amendment of Chapter 5 (miscellaneous provisions) of Part 42 of Principal Act.

125.—Chapter 5 of Part 42 of the Principal Act is amended—

• (a) in section 1006A (inserted by the Finance Act, 2000)—

• (i) in subsection (1)—

• (I) by substituting the following for the definition of “claim”:

“‘claim’ means a claim that gives rise to either or both a repayment of tax and a payment of interest payable in respect of such a repayment under any of the Acts and includes part of such a claim;”,

• (II) by substituting the following for the definition of “liability”:

“‘liability’ means any tax due or estimated to be due under the Acts for any period or in respect of any event, as may be appropriate in the circumstances, and includes any interest due under the Acts in respect of that tax;”,

• (III) by substituting “credited;” for “credited.” in the definition of “overpayment”, and

• (IV) by the insertion of the following after the definition of “overpayment”:

“‘tax’ means any tax, duty, levy or other charge under any of the Acts.”,

and

• (ii) by inserting the following after subsection (4):

• “(5) Any act to be performed or function to be discharged (other than the making of regulations) by the Revenue Commissioners which is authorised by this section may be performed or discharged by any of their officers acting under their authority.”,

and

• (b) in section 1006B (inserted by the Finance Act, 2000), by inserting the following after subsection (4):

• “(5) Any act to be performed or function to be discharged (other than the making of regulations) by the Revenue Commissioners which is authorised by this section may be performed or discharged by any of their officers acting under their authority.”.

126 Amendment of section 1086 (publication of names of tax defaulters) of Principal Act.

126.—(1) Section 1086 of the Principal Act is amended—

• (a) in subsection (1)—

• (i) in the definition of “the Acts”—

• (I) by substituting the following for paragraph (e):

• “(e) the Stamp Duties Consolidation Act, 1999, and the enactments amending or extending that Act”, and

• (II) by inserting the following after paragraph (f):

• “(g) the Customs Acts,

• (h) the statutes relating to the duties of excise and to the management of those duties,”,

and

• (ii) by substituting the following for the definition of “tax”:

“‘tax’ means any tax, duty, levy or charge under the care and management of the Revenue Commissioners.”,

• (b) in subsection (2)—

• (i) in paragraph (c), by substituting the following for subparagraphs (ii) and (iii):

• “(ii) except in the case of tax due by virtue of paragraphs (g) and (h) of the definition of ‘the Acts’, payment of interest on that tax, and

• (iii) a fine or other monetary penalty in respect of that tax including penalties in respect of the failure to deliver any return, statement, declaration, list or other document in connection with the tax, or”,

and

• (ii) in paragraph (d), by substituting the following for subparagraphs (ii) and (iii):

• “(ii) except in the case of tax due by virtue of paragraphs (g) and (h) of the definition of ‘the Acts’, payment of interest on that tax, and

• (iii) a fine or other monetary penalty in respect of that tax including penalties in respect of the failure to deliver any return, statement, declaration, list or other document in connection with the tax.”,

• (c) in subsection (3), by substituting the following for paragraph (b):

• “(b) the Revenue Commissioners may, at any time after each such list referred to in subsection (2) has been published as provided for in paragraph (a), cause any such list to be publicised or reproduced, or both, in whole or in part, in such manner, form or format as they consider appropriate.”,

and

• (d) in subsection (4)—

• (i) in paragraph (a), by substituting “those paragraphs” for “that paragraph”,

• (ii) in paragraph (b), by substituting “applied,” for “applied, or”,

• (iii) in paragraph (c), by substituting “€12,700, or” for “€12,700.”, and

• (iv) by inserting the following after paragraph (c):

• “(d) the amount of fine or other penalty included in the specified sum referred to in paragraph (c) or (d), as the case may be, of subsection (2) does not exceed 15 per cent of the amount of tax included in that specified sum.”.

• (2) This section applies—

• (a) as respects fines or other penalties, as are referred to in paragraphs (a) and (b) of section 1086(2), which are imposed by a court, and

• (b) as respects specified sums, as are referred to in paragraphs (c) and (d) of section 1086(2), which the Revenue Commissioners accepted, or undertook to accept, in settlement of a specified liability,

on or after the passing of this Act.

127 Tax clearance.

127.—Part 48 of the Principal Act is, with effect from the passing of this Act, amended—

• (a) in section 1094—

• (i) in subsection (1)—

• (I) in the definition of “licence”—

• (A) by substituting “means a licence, permit or authorisation” for “means a licence or authorisation”,

• (B) by substituting “,” for “,” in each of the paragraphs (h), (j), (k) and (l), and

• (C) by inserting the following after paragraph (l):

• “(m) subsection (3) (inserted by the Finance Act, 2002) of section 122 of the Finance Act, 1992, and

• (n) subsection (1A) (inserted by the Finance Act, 2002) of the Finance (1909-10) Act, 1910;”,

and

• (II) in the definition of “specified date”, by substituting “paragraphs (a) to (n)” for “paragraphs (a) to (j)”,

• (ii) by substituting the following for subsection (5):

• “(5) An application for a tax clearance certificate under this section shall be made to the Collector-General in a form prescribed by the Revenue Commissioners or in such other manner as the Revenue Commissioners may allow.”, and

• (iii) by inserting the following after subsection (7):

• “(8) A tax clearance certificate to be issued by the Collector-General under this section may—

  • (a) be issued in electronic format, and

  • (b) with the agreement in writing of the applicant, be published in a secure electronic medium and be accessed by persons authorised by the applicant to do so.

• (9) A tax clearance certificate shall be valid for the period specified in the certificate.”,

and

• (b) by substituting the following for section 1095:

“Tax clearance certificates: general scheme.

1095.—(1) In this section— ‘the Acts’ means— (a) the Tax Acts, (b) the Capital Gains Tax Acts, and (c) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act, and any instruments made thereunder; ‘licence’ has the same meaning as in section 1094; ‘tax clearance certificate’ shall be construed in accordance with subsection (3). (2) The provisions of this section shall apply in relation to every application by a person to the Collector-General for a tax clearance certificate other than an application for such a certificate made— (a) in relation to a licence, or (b) pursuant to the requirements of— (i) section 847A (inserted by the Finance Act, 2002), (ii) the Standards in Public Office Act, 2001, or (iii) Regulation 6 of the Criminal Justice (Legal Aid) (Tax Clearance Certificate) Regulations 1999 (S.I. No. 135 of 1999). (3) Subject to this section, where a person who is in compliance with the obligations imposed on the person by the Acts in relation to— (a) the payment or remittance of any taxes, interest or penalties required to be paid or remitted under the Acts, and (b) the delivery of any returns to be made under the Acts, applies to the Collector-General in that behalf the Collector-General shall issue to the person a certificate (in this section referred to as a ‘tax clearance certificate’) stating that the person is in compliance with those obligations. (4) A tax clearance certificate shall not be issued to a person unless— (a) that person and, in respect of the period of that person's membership, any partnership of which that person is or was a partner, (b) in a case where that person is a partnership, each partner, and (c) in a case where that person is a company, each person who is either the beneficial owner of, or able directly or indirectly to control, more than 50 per cent of the ordinary share capital of the company, is in compliance with the obligations imposed on the person and each other person (including any partnership) by the Acts in relation to the matters specified in paragraphs (a) and (b) of subsection (3). (5) Where a person who applies for a tax clearance certificate in accordance with subsection (3) (in this section referred to as ‘the first-mentioned person’) carries on a business activity which was previously carried on by, or was previously carried on as part of a business activity by, another person (in this section referred to as ‘the second-mentioned person’) and— (a) the second-mentioned person is a company connected (within the meaning of section 10 as it applies for the purposes of the Tax Acts) with the first-mentioned person or would have been such a company but for the fact that the company has been wound up or dissolved without being wound up, (b) the second-mentioned person is a company and the first-mentioned person is a partnership in which— (i) a partner is or was able, or (ii) where more than one partner is a shareholder, those partners together are or were able, directly or indirectly, whether with or without a connected person or connected persons (within the meaning of section 10 as it applies for the purposes of the Tax Acts), to control more than 50 per cent of the ordinary share capital of the company, or (c) the second-mentioned person is a partnership and the first-mentioned person is a company in which— (i) a partner is or was able, or (ii) where more than one partner is a shareholder, those partners together are or were able, directly or indirectly, whether with or without a connected person or connected persons (within the meaning of section 10 as it applies for the purposes of the Tax Acts), to control more than 50 per cent of the ordinary share capital of the company, then, a tax clearance certificate shall not be issued by the Collector-General under subsection (3) to the first-mentioned person unless, in relation to that business activity, the second-mentioned person is in compliance with the obligations imposed on that person by the Acts in relation to the matters specified in paragraphs (a) and (b) of subsection (3). (6) Subsections (5) to (9) of section 1094 shall apply to an application for a tax clearance certificate under this section as they apply to an application for a tax clearance certificate under that section.”.

128 Amendment of Schedule 29 (provisions referred to in sections 1052, 1053 and 1054) to Principal Act.

128.—Schedule 29 to the Principal Act is amended—

• (a) in column 1—

• (i) by inserting the following after “section 121”:

“section 172K(1)

section 172L(2)”,

and

• (ii) by inserting the following after “section 224A and Regulations under that section”:

“section 258(2)”,

and

• (b) in column 2 by deleting “section 172K(1)”, “section 172L(2)” and “section 258(2)”.

129 Interest on unpaid and overpaid tax

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

• (a) in sections 172K(6)(b)(inserted by the Finance Act, 1999), 240(3) (as amended by the Finance Act, 1998), 730G(7)(b)(inserted by the Finance Act, 2000), 739F(7)(b) (inserted by the Finance Act, 2000), 784E(6)(b) (inserted by the Finance Act, 1999) and 848M(6)(b) (inserted by the Finance Act, 2001), by substituting “0.0322 per cent for each day or part of a day” for “1 per cent for each month or part of a month”,

• (b) in section 531(9), by substituting “0.0322 per cent for each day or part of a day on” for “1 per cent for each month or part of a month during”,

• (c) in section 942(6)(b), by substituting “0.0161 per cent, or such other rate (if any) prescribed by the Minister for Finance by regulations, for each day or part of a day” for “0.6 per cent, or such other rate (if any) prescribed by the Minister for Finance by regulations, for each month or part of a month”,

• (d) in section 953(7), by substituting “0.0161 per cent, or such other rate (if any) prescribed by the Minister for Finance by regulations, for each day or part of a day” for “0.5 per cent, or such other rate (if any) prescribed by the Minister for Finance by regulations, for each month or part of a month”,

• (e) in section 991, by substituting the following for subsection (1):

• “(1) Where any amount of tax which an employer is liable under this Chapter and any regulations under this Chapter to pay to the Revenue Commissioners is not so paid, simple interest on the amount shall be paid by the employer to the Revenue Commissioners, and such interest shall be calculated from the expiration of the period specified in the regulations for the payment of the amount and at the rate of 0.0322 per cent for each day or part of a day on which the amount remains unpaid.”,

and

• (f) in section 1080—

• (i) in paragraphs (a) and (b) of subsection (1), by substituting “0.0322 per cent for each day or part of a day” for “1 per cent for each month or part of a month”, and

• (ii) by deleting subsection (2).

• (2) The Wealth Tax Act, 1975, is amended—

• (a) in section 18(2), by substituting “0.0322 per cent per day or part of a day” for “1 per cent per month or part of a month”, and

• (b) in section 22(2)—

• (i) by substituting “0.0161 per cent of the amount to be repaid or retained for each day or part of a day” for “0.5 per cent of the amount to be repaid or retained for each month or part of a month”, and

• (ii) by deleting the proviso.

• (3) The Capital Acquisitions Tax Act, 1976, is amended—

• (a) in section 41(2), by substituting “0.0322 per cent per day or part of a day” for “1 per cent per month or part of a month”, and

• (b) in section 46(1), by substituting “0.0161 per cent, or such other rate (if any) as stands prescribed by the Minister for Finance by regulations, for each day or part of a day” for “0.5 per cent, or such other rate (if any) as stands prescribed by the Minister for Finance by regulations, for each month or part of a month”.

• (4) The Finance Act, 1983, is amended—

• (a) in section 105(1)—

• (i) by substituting “0.0322 per cent per day or part of a day” for “1 per cent per month or part of a month”, and

• (ii) by deleting the proviso,

and

• (b) in section 107(2), by substituting “0.0161 per cent, or such other rate (if any) as stands prescribed by the Minister for Finance by regulations, of the amount to be repaid or retained for each day or part of a day” for “0.5 per cent, or such other rate (if any) as stands prescribed by the Minister for Finance by regulations, of the amount to be repaid or retained for each month or part of a month”.

• (5) Section 117 of the Finance Act, 1993, is amended in paragraph (b) by substituting “0.0322 per cent per day or part of a day” for “one per cent per month or part of a month”.

• (6) The Stamp Duties Consolidation Act, 1999, is amended—

• (a) in sections 5(4) and 117(3), by substituting “0.0322 per cent for each day or part of a day” for “1 per cent for each month or part of a month”,

• (b) in sections 14(1), 75(3), 79(7) and 80(8), paragraphs (a) and (b) of section 81(7) and sections 87(3), 87A(4)(a), 91(2)(c)(i), 92(2)(a), 92A(3)(a), 92B(4)(a), 117(4), 123(7), 124(5)(b) and 125(6), by substituting “0.0322 per cent for each day or part of a day” for “1 per cent per month or part of a month”,

• (c) in subsections (4)(b) and (7) of section 29 and in subsections (4)(b) and (7) of section 53, by substituting “0.0161 per cent, or such other rate (if any) as stands prescribed by the Minister by regulations, for each day or part of a day” for “0.5 per cent, or such other rate (if any) as stands prescribed by the Minister by regulations, for each month or part of a month”, and

• (d) in section 117(2)(b)(ii), by substituting “0.0161 per cent per day or part of a day” for “6 per cent per annum”.

• (7) This section applies from 1 September 2002 to interest chargeable or payable under the provisions mentioned in subsections (1) to (6) in respect of an amount due to be paid or remitted or an amount to be repaid or retained, as the case may be, whether before, on or after that date in accordance with those provisions.

130 Amendment of Chapter 1 (income tax and corporation tax penalties) of Part 47 of Principal Act.

130.—Chapter 1 of Part 47 of the Principal Act is amended—

• (a) in section 1053—

• (i) by inserting the following after subsection (1):

• “(1A) Where any person fails to comply with a requirement to deliver a return or statement of a kind mentioned in any of the provisions specified in column 1 of Schedule 29, by reason of fraud or neglect by that person, that person shall, subject to section 1054, be liable to a penalty of—

  • (a) €125, and

  • (b) the amount or, in the case of fraud, twice the amount of the difference specified in subsection (5A)”,

• (ii) by inserting the following after subsection (5):

• “(5A) The difference referred to in subsection (1A)(b) is the difference between—

  • (a) the amount of income tax paid by that person for the relevant years of assessment, and

  • (b) the amount of income tax which would have been payable for the relevant years of assessment if the return or statement had been delivered by that person and the return or statement had been correct.”,

and

• (iii) in subsection (6) by substituting “subsections (5) and (5A)” for “subsection (5)”,

• (b) in section 1054(2)(a)—

• (i) in subparagraph (i) by substituting “€1,520” for “€1,265”, and

• (ii) in subparagraph (ii) by substituting “€950” for “€630”,

• (c) in section 1061(1) by substituting “preceding provisions of this Part, Chapter 4 of Part 38” for “preceding provisions of this Part”, and

• (d) in section 1068 by substituting “For the purposes of this Chapter, and Chapter 4 of Part 38” for “For the purposes of this Chapter”.

131 Amendment of section 1072 (penalties for fraudulently or negligently making incorrect returns, etc.) of Principal Act.

131.—Section 1072 of the Principal Act is amended by inserting the following after subsection (2):

• “(2A) Where any company fails to comply with a requirement to deliver a return of a kind referred to in section 884, by reason of fraud or neglect by that company, that company shall be liable to a penalty of—

  • (a) €630 in the case of neglect or €1,265 in the case of fraud, and

  • (b) (i) the amount in the case of neglect, or

    • (ii) twice the amount in the case of fraud,

    of the difference specified in subsection (2B).

• (2B) The difference referred to in subsection (2A)(b) is the difference between—

  • (a) the amount of corporation tax paid by the company for the accounting period or accounting periods comprising the period to which the return relates, and

  • (b) the amount of corporation tax which would have been payable for those periods if the return had been delivered by the company and the return had been correct.”.

132 Amendment of Chapter 4 (revenue powers) of Part 38 of Principal Act.

132.—Chapter 4 of Part 38 of the Principal Act is amended—

• (a) in section 901 by inserting the following after subsection (3):

• “(4) Where in compliance with an order made under subsection (2), a person makes available for inspection by an authorised officer, books, records or other documents, the person shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the books, records or other documents, in so far as they are in a non-legible form, are capable of being reproduced in a legible form, and any data equipment or any associated apparatus or material.

• (5) Where in compliance with an order made under subsection (2), a person makes books, records or other documents available for inspection by the authorised officer, the authorised officer may make extracts from or copies of all or any part of the books, records or other documents.”,

• (b) in section 902A by inserting the following after subsection (6):

• “(6A) Where in compliance with an order made under subsection (4), a person makes available for inspection by an authorised officer, books, records or other documents, the person shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the books, records or other documents, in so far as they are in a non-legible form, are capable of being reproduced in a legible form, and any data equipment or any associated apparatus or material.

• (6B) Where in compliance with an order made under subsection (4), a person makes books, records or other documents available for inspection by the authorised officer, the authorised officer may make extracts from or copies of all or any part of the books, records or other documents.”,

• (c) by inserting the following after section 904H:

“Power of inspection: returns and collection of dividend withholding tax.

9041.—(1) In this section— ‘accountable person’ means— (a) a company resident in the State which makes, and (b) an authorised withholding agent who is treated under section 172H as making, a relevant distribution; ‘authorised withholding agent’, ‘dividend withholding tax’, and ‘relevant distribution’ have, respectively, the meanings assigned to them by section 172A; ‘authorised officer’ means an officer of the Revenue Commissioners, authorised by them in writing to exercise the powers conferred by this section; ‘records’ means all records which relate to compliance by an accountable person with obligations under Chapter 8A of Part 6 including all declarations (and accompanying certificates) and notifications which are made, or, as the case may be, given to an accountable person in accordance with that Chapter of that Part and Schedule 2A. (2) An authorised officer, having regard to Chapter 8A of Part 6, may at all reasonable times enter any premises or place of business of an accountable person for the purposes of auditing a return made by the accountable person under section 172K. (3) Without prejudice to the generality of subsection (2), the authorised officer may— (a) examine the procedures put in place by the accountable person for the purpose of ensuring compliance by the accountable person with its obligations under Chapter 8A of Part 6, and (b) check all, or a sample of or a class of, the records in the power, possession or procurement of the accountable person to determine whether— (i) the procedures referred to in paragraph (a) have been observed in practice and whether they are adequate, and (ii) there is information in the accountable person's possession which can reasonably be taken to indicate that the information contained in one or more of the records is or may be incorrect. (4) An authorised officer may require an accountable person or an employee of the accountable person to produce records and to furnish information, explanations and particulars and to give all assistance which the authorised officer reasonably requires for the purposes of his or her audit and examination under subsections (2) and (3). (5) An authorised officer may make extracts from or copies of all or any part of the records made available to him or her or require that copies of such records be made available to him or her, in exercising or performing his or her powers or duties under this section. (6) An employee of an accountable person who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer's powers or duties under this section shall be liable to a penalty of €1,265. (7) An accountable person who fails to comply with the requirements of the authorised officer in the exercise or performance of the authorised officer's powers or duties under this section shall be liable to a penalty of €19,045 and if that failure continues a further penalty of €2,535 for each day on which the failure continues.”,

• (d) in section 905(1) by substituting the following for the definition of “records”:

“‘records’ means any document or any other written or printed material in any form, and includes any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form—

• (i) which relates to a business carried on by a person, or

• (ii) which a person is obliged by any provision relating to tax to keep, retain, issue or produce for inspection or which may be inspected under any provision relating to tax;”,

• (e) in section 907 by inserting the following after subsection (7):

• “(7A) Where in compliance with the requirements of a notice served under subsection (7), a financial institution makes available for inspection by an authorised officer, books, records or other documents, the financial institution shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the books, records or other documents, in so far as they are in a non-legible form, are capable of being reproduced in a legible form, and any data equipment or any associated apparatus or material.

• (7B) Where in compliance with the requirements of a notice served under subsection (7), a financial institution makes books, records or other documents available for inspection by the authorised officer, the authorised officer may make extracts from or copies of all or any part of the books, records or other documents.”,

• (f) in section 908 by inserting the following after subsection (6):

• “(6A) Where in compliance with an order made under subsection (5), a financial institution makes available for inspection by an authorised officer, books, records or other documents, the financial institution shall afford the authorised officer reasonable assistance, including information, explanations and particulars, in relation to the use of all the electronic or other automatic means, if any, by which the books, records or other documents, in so far as they are in a non-legible form, are capable of being reproduced in a legible form, and any data equipment or any associated apparatus or material.

• (6B) Where in compliance with an order made under subsection (5), a financial institution makes books, records or other documents available for inspection by the authorised officer, the authorised officer may make extracts from or copies of all or any part of the books, records or other documents.”,

and

• (g) in section 908A—

• (i) in subsection (1)—

• (I) by inserting the following before the definition of “authorised officer”:

“‘the Acts’ means the Waiver of Certain Tax, Interest and Penalties Act, 1993, together with the meaning assigned to it by section 1078(1) and;”,

and

• (II) by substituting the following for the definition of “offence”:

“‘offence’ means an offence falling within any provision of the Acts;”,

and

• (ii) by substituting the following for subsection (2):

• “(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 (or but for its detection would have resulted) in serious prejudice to the proper assessment and collection of tax, is being, has been, or is or was about to be, committed (having regard to the amount of a liability in relation to any person which might be, or might have been, evaded but for the detection of the relevant facts), and

  • (b) that there is material in 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 relevant facts,

  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.”.

133 Amendment of section 1078 (revenue offences) of Principal Act.

133.—Section 1078 of the Principal Act is amended—

• (a) in subsection (2)(g) by substituting “fails without reasonable excuse” for “knowingly or wilfully fails”, and

• (b) by inserting the following after subsection (3A):

• “(3B) A person shall, without prejudice to any other penalty to which the person may be liable, be guilty of an offence under this section if the person fails or refuses to comply with an order referred to in subsection (3A).”.

134 Amendment of Chapter 3 (returns of income and capital gains, etc.) of Part 38 of Principal Act.

134.—Chapter 3 of Part 38 of the Principal Act is amended by inserting the following after section 898:

“Format of returns etc.	898A.—Where a person is required under this Chapter— (a) to deliver a return, or (b) to give or furnish information, then such return or such information shall, be made, given, or as the case may be, furnished in such form as the Revenue Commissioners may require.”.

135 Amendment of Part 48 (miscellaneous and supplemental) of Principal Act.

135.—Part 48 of the Principal Act is amended by inserting the following after section 1096A:

“Evidence of computer stored records in court proceedings etc.

1096B.—(1) In this section— ‘copy record’ means any copy of an original record or a copy of that copy made in accordance with either of the methods referred to in subsection (2) and accompanied by the certificate referred to in subsection (4), which original record or copy of an original record is in the possession of the Revenue Commissioners; ‘original record’ means any document, record or record of an entry in a document or record or information stored by means of any storage equipment, whether or not in a legible form, made or stored by the Revenue Commissioners for the purposes of or in connection with tax, and which is in the possession of the Revenue Commissioners; ‘provable record’ means an original record or a copy record and, in the case of an original record or a copy record stored in any storage equipment, whether or not in a legible form, includes the production or reproduction of the record in a legible form; ‘storage equipment’ means any electronic, magnetic, mechanical, photographic, optical or other device used for storing information; ‘tax’ means any tax, duty, levy or charge under the care and management of the Revenue Commissioners. (2) Where by reason of— (a) the deterioration of, (b) the inconvenience in storing, or (c) the technical obsolescence in the manner of retaining or storing, any original record or any copy record, the Revenue Commissioners may— (i) make a legible copy of that record, or (ii) store information concerning that record otherwise than in a legible form so that the information is capable of being used to make a legible copy of that record, and, they may, thereupon destroy that original record or that copy record. (3) The legible copy of— (a) a record made, or (b) the information concerning such record stored, in accordance with subsection (2) shall be deemed to be an original record for the purposes of this section. (4) In any proceedings a certificate signed by an officer of the Revenue Commissioners stating that a copy record has been made in accordance with the provisions of subsection (2) shall be evidence of the fact of the making of such a copy record and that it is a true copy, unless the contrary is shown. (5) In any proceedings a document purporting to be a certificate signed by an officer of the Revenue Commissioners, referred to in subsection (4), shall for the purposes of this section be deemed to be such a certificate and to be so signed unless the contrary is shown. (6) A provable record shall be admissible in evidence in any proceedings and shall be evidence of any fact stated in it or event recorded by it unless the contrary is shown, or unless the court is not satisfied as to the reliability of the system used to make or compile— (a) in the case of an original record, that record, and (b) in the case of a copy record, the original on which it was based. (7) In any proceedings a certificate signed by an officer of the Revenue Commissioners, stating that a full and detailed search has been made for a record of any event in every place where such records are kept and that no such record has been found, shall be evidence that the event did not happen unless the contrary is shown or unless the court is not satisfied— (a) as to the reliability of the system used to compile or make or keep such records, (b) that, if the event had happened, a record would have been made of it, and (c) that the system is such that the only reasonable explanation for the absence of such record is that the event did not happen. (8) For the purposes of this section, and subject to the direction and control of the Revenue Commissioners, any power, function or duty conferred or imposed on them may be exercised or performed on their behalf by an officer of the Revenue Commissioners.”.

136 Write-off of certain repayable advances to Shannon Free Airport Development Company Limited.

136.—(1) In this section—

“Company” means the Shannon Free Airport Development Company Limited;

“Minister” means the Minister for Finance;

“specified housing and community services” means housing (including workers' dwellings) and community services which were financed by means of advances made by the Minister to the Company under the specified sections out of the Central Fund or the growing produce thereof;

“specified sections” means—

• (a) section 4 of theShannon Free Airport Development Company Limited (Amendment) Act, 1961, which relates to workers' dwellings,

• (b) section 4 (as amended by the Shannon Free Airport Development Company Limited (Amendment) Act, 1970) of the Shannon Free Airport Development Company Limited (Amendment) Act, 1963, which relates to houses and community services, and

• (c) section 4 of the Shannon Free Airport Development Company Limited (Amendment) Act, 1983, which relates to the limit on the aggregate amount of the advances under the sections referred to in paragraphs (a) and (b).

• (2) Where the Minister is satisfied that the Company has transferred to Clare County Council the interests that the Company has in property in respect of which advances were made to the Company under the specified sections out of the Central Fund or the growing produce thereof amounting to the sum of €11,409,916.13 for the provision of specified housing and community services, then that sum shall be written off.

• (3)
• (a) Subject to paragraph (b), this section shall come into operation on such day as the Minister may by order appoint.

• (b) An order under paragraph (a) shall not be made unless the Minister is satisfied that the property to which subsection (2) relates has been transferred by the Company to Clare County Council.

137 Transfer of income to Exchequer from issue of coin.

137.—The Economic and Monetary Union Act, 1998, is amended by inserting the following after section 14:

“14A.—(1) The Central Bank of Ireland shall—

• (a) from time to time as directed by the Minister, pay into the Exchequer from the general fund of the Central Bank of Ireland an amount representing, in whole or in part, the accrued public moneys arising from the issue of coin, and

• (b) debit the currency reserve by the amount.

• (2) Amounts to be paid into the Exchequer under this section shall be calculated in a manner determined by the Minister after consultation with the Central Bank of Ireland.

• (3) In this section ‘accrued public moneys arising from the issue of coin’ means—

  • (a) the accrued amount of the proceeds of the issue of coin paid into the general fund of the Central Bank of Ireland and carried in it to the credit of the currency reserve under—

    • (i) section 60(1) of the Central Bank Act, 1942,

    • (ii) section 9 of the Coinage Act, 1950,

    • (iii) section 7 of the Decimal Currency Act, 1969, and

    • (iv) sections 14 and 33(2),

  • (b) the accrued amount carried to the credit of the currency reserve under—

    • (i) section 14 of the Coinage Act, 1950, and

    • (ii) section 13 of the Decimal Currency Act, 1969,

    and

  • (c) the amount carried to the credit of the currency reserve under section 60(3) of the Central Bank Act, 1942,

  less—

  - (I) the accrued amount of sums defrayed out of the general fund of the Central Bank of Ireland and debited in it to the currency reserve under—
  
  - (A) section 60(2) of the Central Bank Act, 1942,
  
  - (B) sections 8 and 13 of the Coinage Act, 1950,
  
      - (C) sections 6 and 11 of the Decimal Currency Act, 1969, and
  
      - (D) sections 13 and 33(1),
  
      - (II) the accrued amount of sums debited from the currency reserve and carried to the credit of the superannuation reserve, and
  
      - (III) any sums previously paid into the Exchequer by virtue of this section.
  

• (4) If the amount standing to the credit of the currency reserve in respect of the accrued public moneys arising from the issue of coin is, at any time, less than—

  • (a) the sum which stands to be defrayed out of the general fund of the Central Bank of Ireland and debited in it to the currency reserve in respect of the provision of coins under—

    • (i) section 13 or 33(1), or

    • (ii) section 6 of the Decimal Currency Act, 1969,

    or

  • (b) the sum which stands to be defrayed from the general fund of the Central Bank of Ireland and debited in it to the currency reserve in respect of the redemption of coins under section 11 of the Decimal Currency Act, 1969,

  then the Minister shall advance to the general fund of the Central Bank of Ireland from the Central Fund or the growing produce thereof an amount at least equal to the amount which stands to be defrayed from the general fund of the Central Bank of Ireland less the amount standing to the credit of the currency reserve in respect of the accrued public moneys arising from the issue of coin and the Central Bank of Ireland shall credit the currency reserve by this amount.”.

138 Miscellaneous technical amendments in relation to tax.

138.—The enactments specified in Schedule 6 are amended to the extent and in the manner specified in that Schedule.

139 Amendment of Provisional Collection of Taxes Act, 1927.

139.—The Provisional Collection of Taxes Act, 1927, is amended—

• (a) in section 1, by substituting the following for the definition of “new tax”:

“the expression ‘new tax’ when used in relation to a resolution under this Act means a tax which was not in force immediately before the date on which the resolution is expressed to take effect or, where no such date is expressed, the passing of the resolution by Dáil Éireann;”,

and

• (b) in sections 2 and 3, by substituting “immediately before the date on which the resolution is expressed to take effect or, where no such date is expressed, the passing of the resolution by Dáil Éireann” for “immediately before the end of the previous financial year” in each place where it occurs.

140 Care and management of taxes and duties.

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

141 Short title, construction and commencement.

141.—(1) This Act may be cited as the Finance Act, 2002.

• (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 duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.