Finance Act 2008

• (9) Except where otherwise expressly provided for, where a provision of this Act is to come into operation on the making of an order by the Minister for Finance, that provision shall come into operation on such day or days as the Minister for Finance shall appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE 1 Amendments Consequential on Changes in Personal Tax Credits

As respects the year of assessment 2008 and subsequent years of assessment, the Taxes Consolidation Act 1997 is amended as follows:

• (a) in section 461, by substituting “€3,660” for “€3,520”, in both places where it occurs, and “€1,830” for “€1,760”;

• (b) in section 461A, by substituting “€600” for “€550”;

• (c) in section 462, by substituting “€1,830” for “€1,760” in subsection (2);

• (d) in section 463, by substituting “€4,000”, “€3,500”, “€3,000”, “€2,500” and “€2,000” respectively for “€3,750”, “€3,250”, “€2,750”, “€2,250” and “€1,750” in subsection (2);

• (e) in section 464, by substituting “€650” and “€325”, respectively for “€550” and “€275”;

• (f) in section 465, by substituting “€3,660” for “€3,000” in subsection (1);

• (g) in section 466A, by substituting “€900” for “€770” in subsection (2);

• (h) in section 468, by substituting “€1,830” and “€3,660”, respectively for “€1,760” and “€3,520” in subsection (2); and

• (i) in section 472, by substituting “€1,830” for “€1,760”, in both places where it occurs, in subsection (4).

SCHEDULE 2 Rates of Electricity Tax

SCHEDULE 3 Repeals Relating to Excise Law

PART 1 Repeals

PART 2 Revocation

SCHEDULE 4 Miscellaneous Amendments Relating to the Amendment of the Definition of Taxable Person

Amendments to Value-Added Tax Act 1972

SCHEDULE 5 Stamp Duty on Instruments

Part 1

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

Part 2

Lease

SCHEDULE 6 Miscellaneous Amendments in Relation to Claims for Repayment of Tax

• (a) in section 100(2) by substituting the following for paragraph (b):

• “(b) notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made—

  • (i) the vendor may, before the expiration of 4 years after the date on which the reconveyance takes place, claim repayment of any amount by which tax assessed on such vendor by virtue of this section exceeded the amount which would have been so assessed if that date had been treated for the purposes of this section as the date fixed by the terms of the sale, and

  • (ii) section 865(6) shall not prevent the Revenue Commissioners from repaying such an amount of tax where a timely claim has been made under this subsection and such a claim is a valid claim within the meaning of section 865(1)(b).”;

• (b) in section 101 by inserting “(notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made)” after “shall be made by repayment”;

• (c) in section 438(4) by substituting the following for paragraph (b):

• “(b) Notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made, relief under this subsection shall be given on a claim which shall be made within 4 years from the end of the year of assessment in which the loan or advance, or any part of it, as the case may be, is repaid to the company.”;

• (d) in section 480A—

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

• “(3) Where this section applies, the relevant individual shall, on the making of a claim in that behalf, within 4 years from the end of the year of assessment in which he or she ceases permanently to be engaged in the specified occupation, or to carry on the specified profession, as the case may be, be entitled to have a deduction made from his or her total income for up to any 10 of the years of assessment mentioned in subsection (4).”,

and

• (ii) by inserting the following after subsection (3):

• “(3A) Subsection (3) shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of a timely claim for relief under this section where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made.”;

• (e) in section 482(2) by substituting the following for paragraph (a):

• “(a) Subject to this section, and notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made, where a person (in this section referred to as “the claimant”), having made a claim in that behalf, proves that the conditions specified in paragraph (b) have been met, then, the Tax Acts shall apply as if the amount of the qualifying expenditure referred to in subparagraph (i) of paragraph (b) were a loss sustained in the chargeable period referred to in that subparagraph in a trade carried on by the claimant separate from any trade actually carried on by the claimant. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of a claim made under this section, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made.”;

• (f) in section 489(5) by inserting the following after paragraph (e):

• “(f) This subsection shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of an election made under the provisions of paragraph (a) or (b) where the specified individual has made a timely claim for relief in accordance with section 503 and a valid claim for a repayment of tax within the meaning of section 865(1)(b).”;

• (g) in section 539 by renumbering the existing text as subsection (1), and by inserting the following after subsection (1):

• “(2) Subsection (4) or (6) of section 865 shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of an adjustment of tax made under this section, where a claim for any such adjustment is made within 4 years from the end of the chargeable period (within the meaning of section 321) in which the termination referred to in subsection (1) occurs.”;

• (h) in section 562—

• (i) in subsection (2), by inserting “and this is so shown within 4 years from the end of the chargeable period (within the meaning of section 321) in which the contingent liability has become enforceable” after “has been enforced,”, and

• (ii) by inserting the following after subsection (2):

• “(3) Subsection (2) shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for repayment of tax is required to be made. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of any adjustment made in accordance with subsection (2).”;

• (i) in section 563(1)(b) by inserting “Subsection (4) or (6) of section 865 shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of any such adjustment.” after “may require.”;

• (j) in section 597(7) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

• (k) in section 600A(5) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

• (l) in section 605(4) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

• (m) in section 652(5)(b) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

• (n) in section 670(10) by inserting “(and notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made)” before “effect may be given.”;

• (o) in section 774 by inserting the following after subsection (7):

• “(7A) Subsection (7)(b)(ii) shall operate notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made where the officer or employee makes a claim for relief in respect of a contribution which is not an ordinary annual contribution within 4 years from the end of the year of assessment in which such contribution is paid or borne by the officer or employee. Section 865(6) shall not prevent the Revenue Commissioners from making a repayment of tax as a consequence of such a claim, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made by the officer or employee.”;

• (p) in section 776 by inserting the following after subsection (2):

• “(2A) Subsection (2)(b)(ii) shall operate notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made where the officer or employee makes a claim for relief in respect of a contribution which is not an ordinary annual contribution within 4 years from the end of the year of assessment in which such contribution is paid or borne by the officer or employee. Section 865(6) shall not prevent the Revenue Commissioners from making a repayment of tax as a consequence of such a claim, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made by the officer or employee.”;

• (q) in section 804(2)(a) by inserting “notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made,” after “repaid,”;

• (r) in section 929(3) by inserting “notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “applicant” and,

• (s) in section 955(2)(b) by inserting “(notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made)” after “repaid”.

• (a) in section 28, by inserting the following after subsection (5):

• “(5A) Notwithstanding section 57(3), relief shall be given under subsection (5)(a) on a claim which shall be made within 4 years after the liability referred to in that paragraph has been paid.”;

and

• (b) in section 29, by inserting the following after subsection (1):

• “(1A) Notwithstanding section 57(3), relief shall be given under subsection (1) on a claim which shall be made within 4 years after the entitlement referred to in that subsection ceases.”.

SCHEDULE 7 Provisions relating to Certain Customs Regulations

Customs-free Airport (Customs and Excise) Regulations 1947 (S.R.&O. No. 137 of 1947) as amended by the Customs-free Airport (Customs and Excise) (Amendment) Regulations 1981 (S.I. No. 364 of 1981).

Customs and Excise (Aircraft) Regulations 1964 (S.I. No. 189 of 1964) as amended by the Customs and Excise (Aircraft) (Amendment) Regulations 1967 (S.I. No. 131 of 1967).

Customs (Land Frontier) Regulations 1968 (S.I. No. 117 of 1968) as amended by the Customs (Land Frontier) Regulations 1978 (S.I. No. 324 of 1978) and the Customs (Land Frontier) Regulations 1988 (S.I. No. 299 of 1988).

SCHEDULE 8 Miscellaneous Technical Amendments in Relation to Tax

• (a) in the Table to section 37—

• (i) by deleting “Securities issued on or after the 2nd day of July, 1964, by Aer Lingus, Teoranta.”,

• (ii) by substituting “Dublin Airport Authority” for “Aer Rianta, Teoranta”, and

• (iii) by deleting “Securities issued on or after the 2nd day of July, 1964, by Aerlínte Éireann, Teoranta.”,

• (b) in section 247(4A)(e) by deleting “to the Principal Act”,

• (c) in section 268—

• (i) in subsection (9)(e) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”, and

• (ii) by substituting the following for subsection (10):

• “(10) For the purposes of this Part—

‘ Dublin Airport Authority ’ means the Dublin Airport Authority, public limited company, and includes—

- (*a*) where a day has been appointed under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, that company, and

- (*b*) where a day has been appointed under the said section 5 in respect of the Shannon Airport Authority, public limited company, that company;

  ‘ vesting day ’ means the day appointed by order under section 9(6) of the State Airports Act 2004 in respect of the Dublin Airport Authority and such other day or days as may be appointed by order or orders under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, and the Shannon Airport Authority, public limited company.”,

• (d) in section 272—

• (i) in subsection (3A) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in each place where it occurs,

• (ii) in subsection (3B) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in both places where it occurs, and

• (iii) in subsection (4)(g)(ii)(I) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”,

• (e) in section 274(1)(b)(vi)(II)(A) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”,

• (f) in section 284(8) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in both places where it occurs,

• (g) in section 476—

• (i) in subsection (1) by deleting the definition of “dependant”, and

• (ii) in subsection (2)(a) by deleting “, on his or her own behalf or on behalf of his or her dependant,”,

• (h) in section 607(1)(d) by substituting “or Dublin Airport Authority,” for “, Aerlínte Éireann, Teoranta, Aer Lingus, Teoranta or Aer Rianta, Teoranta,”,

• (i) in section 671—

• (i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

• (ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”,

• (j) in section 681(1)(a), in the definition of “the Minister” by substituting “Minister for Communications, Energy and Natural Resources;” for “Minister for the Marine and Natural Resources;”,

• (k) in section 682—

• (i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

• (ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”,

• (l) in section 683(5) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”,

• (m) in section 684(1)—

• (i) in paragraph (iii)(II) of the definition of “development expenditure” by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

• (ii) in paragraph (b) of the definition of “exploration expenditure” by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”,

• (n) in section 697—

• (i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

• (ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”,

• (o) in section 730GB by substituting “Capital Acquisitions Tax Consolidation Act 2003.” for “Capital Acquisitions Tax Act 2003.”,

• (p) in section 838(1)(a), in subparagraph (ii) of the definition of “securities” by substituting “or Dublin Airport Authority,” for “, Aerlínte Éireann cuideachta phoiblí theoranta, Aer Lingus plc or Aer Rianta cuideachta phoiblí theoranta,”,

• (q) in section 917D(1)—

• (i) in paragraph (f) of the definition of “the Acts” by substituting “Stamp Duties Consolidation Act 1999,” for “Stamp Act, 1891,”, and

• (ii) in the definition of “authorised person” by substituting “section 917G(3)(a);” for “section 917G(3)(b);”,

• (r) in section 1000(a) by substituting “regulation 14 of the Income Tax (Relevant Contracts) Regulations 2000 (S.I. No. 71 of 2000),” for “regulation 12 of the Income Tax (Construction Contracts) Regulations, 1971 (S.I. No. 1 of 1971),”,

• (s) in section 1077(2) by substituting “mentioned in any of those provisions or sections,” for “mentioned in any of the those provisions or sections,”,

• (t) in section 1104(4) by substituting “Stamp Duties Consolidation Act 1999,” for “Stamp Act, 1891,”,

• (u) in Part 1 of Schedule 24A by inserting the following after paragraph 5:

“5A. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Chile) Order 2005 (S.I. No. 815 of 2005).”,

and

• (v) in Schedule 25C—

• (i) in paragraph 1(2), in clause (b) of the definition of TR by deleting “which”, and

• (ii) in paragraph 2(2), in clause (b) of the definition of TA by deleting “which”.

• (a) in section 1(1)—

• (i) in the definition of “the customs-free airport” by substituting “Customs-free Airport Act 1947” for “Customs-free Airport Act, 1941”,

• (ii) by deleting “ ‘monthly control statement’ has the meaning assigned to it by section 17;”, and

• (iii) in paragraph (c) of the definition of “taxable dealer” by inserting “and in relation to supplies of agricultural machinery, has the meaning assigned to it by section 12C” after “section 12B”,

• (b) in section 3B—

• (i) in subsection (1) by substituting “suspension arrangement” for “duty-suspension arrangement”,

• (ii) in subsection (3) by substituting “and in accordance with Chapters 1 and 2 of Part 2 of the Finance Act 2001” for “and in accordance with Chapter II of Part II of the Finance Act, 1992”,

• (iii) in subsection (4) by substituting “suspension arrangement” for “duty-suspension arrangement”, and

• (iv) by substituting the following for subsection (7):

• “(7) In this section—

‘ alcohol products ’ has the same meaning as it has in section 73(1) of the Finance Act 2003;

‘ suspension arrangement ’ means an arrangement under which excisable products are produced, processed, held or moved, excise duty being suspended.”,

• (c) in section 8(2) by deleting paragraph (ab),

• (d) in section 16(3)—

• (i) by deleting “monthly control statements,”,

• (ii) by deleting “monthly control statement,”, and

• (iii) by deleting “monthly control statements” where it last occurs,

• (e) in section 17 by deleting subsection (1B),

• (f) in section 27 by deleting “monthly control statement,” in each place where it occurs,

• (g) in section 28 by deleting “monthly control statement,”,

• (h) in section 30(4)(b) by deleting “monthly control statement,”,

• (i) in section 32(1)(i) by deleting “monthly control statement,” in both places where it occurs,

• (j) in paragraph (xia) of the First Schedule by substituting “designated persons in accordance with the European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000)” for “persons licensed in accordance with section 73 or subsection (1) of section 111 of the Postal and Telecommunications Services Act, 1983”, and

• (k) in paragraph (i)(d) of the Sixth Schedule by substituting “(within the meaning of the Mineral Oil Tax Regulations 2001 (S.I. No. 442 of 2001))” for “(within the meaning of the Hydrocarbon (Heavy) Oil Regulations, 1989 (S.I. No. 121 of 1989))”.

• (a) in section 73(1) by substituting the following for the definition of “medicinal product”:

“ ‘ medicinal product ’ means a veterinary medicinal product as defined in Article 1 of Directive 2001/82/EC of 6 November 2001, or a medicinal product as defined in Article 1 of Directive 2001/83/EC of 6 November 2001, or in any Directive amending or replacing those Directives;”,

and

• (b) in section 75 by substituting the following for subsection (2) (as substituted by the Finance Act 2004):

• “(2) In the case of spirits produced in the State by a process of distillation, where the quantity of spirits produced is less than the quantity capable of being produced from the wort or wash used in such process, the Commissioners may require that, instead of a charge on the quantity of spirits produced, alcohol products tax be charged on the quantity capable of being produced from such wort or wash on the assumption that from every hectolitre of wort or wash one litre of alcohol is produced for every 8.8 degrees of attenuation, that is to say, for every 8.8 degrees of difference between the highest gravity of the wort and the lowest gravity of the wash before distillation.”.

• (a) in Regulation 3(a)(ix) by substituting “Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003)” for “Capital Acquisitions Tax Act 1976 (No. 8 of 1976)”, and

• (b) in Regulation 4(a)(ix) by substituting “Capital Acquisitions Tax Consolidation Act 2003” for “Capital Acquisitions Tax Act 1976”.

• (i) subparagraphs (a), (h) and (p) have effect as on and from 31 January 2008,

• (ii) subparagraphs (b) to (f), (i) to (o) and (q) to (v) have effect as on and from the passing of this Act, and

• (iii) subparagraph (g) is deemed to have come into force and have taken effect as respects the year of assessment 2007 and subsequent years of assessment.

• (b) Paragraph 2 shall apply as respects instruments executed on or after 1 October 2007.

• (c) Paragraph 3 has effect as on and from the passing of this Act.

• (d) Paragraph 4 has effect as on and from the passing of this Act.

• (e) Paragraph 5 is deemed to have come into force and have taken effect as on and from 2 April 2007.

• (f) Paragraph 6 has effect as on and from the passing of this Act.