Finance Act 2011

and

(d) in section 87(1), in the definition of “second-hand goods”, by inserting “scrap metal within the meaning of section 16(4)(a),” after “but not including”.

(2) Subsection (1)comes into operation on 1 May 2011.

60. Amendment of Schedule 1 to Principal Act.

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

(a) by substituting the following for paragraph 1:

“1. Public postal services, including the supply of goods and services incidental to their provision, which are provided as part of a universal service, in accordance with Chapter 2 (as amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 [^1]) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 [^2], by An Post (including postmasters) or by any other persons designated by the State in accordance with that Chapter (as so amended), but only if that supply is not on terms that have been individually negotiated.”,

(b) in paragraph 3, by substituting the following for subparagraph (5):

“(5) The supply of cultural services, and the supply of goods closely linked to those services, by—

(a) a public body on or after 1 July 2010,

or

(b) any cultural body (whether established by or under an enactment or not) that is recognised as such a body by the Revenue Commissioners for the purposes of this paragraph,

but excluding the supply of services to which paragraph 5(2) relates.”,

and

(c) by substituting the following for subparagraph (1) of paragraph 10:

“(1) The acceptance of bets that are subject to excise duty imposed by section 67 or 67A of the Finance Act 2002 and bets that are exempt from excise duty by virtue of section 68 of that Act.

(1A) The supply of services by a remote betting intermediary (within the meaning of section 64 of the Finance Act 2002), the consideration for which consists of commission charges within the meaning of section 67B of that Act that are subject to excise duty imposed by that section.”.

(2) (a) Subsection (1) (a) has effect on and from 1 January 2011.

(b) Subsection (1) (c) comes into operation on such day or days as the Minister for Finance may appoint by order, and different days may be so appointed for different provisions or for different purposes.

61. Post-consolidation amendments.

61.— The Principal Act is amended to the extent and manner specified in Schedule 2.

PART 4 Stamp Duties

62. Interpretation (Part 4).

62.— In this Part “Principal Act” meansthe Stamp Duties Consolidation Act 1999.

63. Withdrawal of reliefs.

63.— (1) Subject to subsection (2), the Principal Act is amended—

(a) in section 45A by deleting subsections (5) and (6),

(b) in section 83A by inserting the following after subsection (5):

“(6) This section shall not apply to an instrument executed on or after 8 December 2010.”,

(c) in section 91A by inserting the following after subsection (9):

“(10) This section shall not apply to an instrument executed on or after 8 December 2010.”,

(d) in section 92 by inserting the following after subsection (5):

“(6) This section shall not apply to an instrument executed on or after 8 December 2010.”,

(e) in section 92B by inserting the following after subsection (7):

“(7A) (a) In this subsection—

‘incapacitated individual’ means an individual who is permanently incapacitated by reason of mental infirmity, but is capable of residing on his or her own with appropriate care;

‘qualifying dwellinghouse’ means a dwellinghouse or apartment or part of a dwellinghouse or apartment, which will be occupied by the incapacitated individual as his or her principal place of residence, and will not be occupied by either parent of the incapacitated individual or by a trustee as his or her principal place of residence;

‘trustee’ means a trustee of a trust in respect of which it is shown to the satisfaction of the Commissioners, that—

(i) the trust has been established exclusively for the benefit of an incapacitated individual, and

(ii) the trust funds are applied for the benefit of that individual at the discretion of the trustees of the trust.

(b) Notwithstanding subsection (1), where a parent of an incapacitated individual or a trustee purchases a qualifying dwellinghouse, the parent or the trustee, as the case may be, shall be deemed to be a first time purchaser, for the purposes of the definition in subsection (1), in respect of a conveyance or transfer of the qualifying dwellinghouse executed on or after 1 January 2010, including a conveyance or transfer operating as a voluntary disposition within the meaning of section 30, to that parent or trustee.

(c) This subsection shall apply to only one such conveyance or transfer referred to in paragraph (b), being the first such conveyance or transfer executed by the parent or by the trustee, as the case may be.”,

and

(f) in section 92B by inserting the following after subsection (11):

“(12) This section shall not apply to an instrument executed on or after 8 December 2010.”.

(2) Subsection (1) shall not apply as respects any instrument executed before 1 July 2011 where—

(a) the effect of the application of that subsection would be to increase the duty otherwise chargeable on the instrument, and

(b) the instrument contains a statement, in such form as the Revenue Commissioners may specify, certifying that the instrument was executed solely in pursuance of a binding contract entered into before 8 December 2010.

64. Housing authorities and affordable homes partnership.

64.— (1) The Principal Act is amended by substituting the following for section 106B:

“106B.— (1) In this section ‘housing authority’ means—

(a) a housing authority, within the meaning of the Housing Acts 1966 to 2009, in connection with any of its functions under those Acts, or

(b) the Affordable Homes Partnership established under article 4(1) of the Affordable Homes Partnership (Establishment) Order 2005 (S.I. No. 383 of 2005) in connection with the services specified in article 4(2) of that Order, as amended by the Affordable Homes Partnership (Establishment) Order 2005 (Amendment) Order 2007 (S.I. No. 293 of 2007).

(2) Stamp duty shall not be chargeable on any instrument giving effect to the conveyance, transfer or lease of a house, building or land to a housing authority.

(3) Stamp duty on any instrument giving effect to the conveyance, transfer or lease of a house, building or land by a housing authority chargeable, as specified in Schedule 1, shall not exceed €100.”.

(2) This section applies to an instrument executed on or after 1 April 2011.

65. Levy on authorised insurers.

65.— Section 125A (inserted by the Health Insurance (Miscellaneous Provisions) Act 2009) of the Principal Act is amended—

(a) in subsection (1) in the definition of “due date”—

(i) in paragraph (c) by substituting “21 September 2011” for “30 September 2011”, and

(ii) in paragraph (d) by substituting “21 January 2012” for “31 January 2012”,

and

(b) by substituting the following for subsection (3):

“(3) There shall be charged on every statement delivered by an authorised insurer pursuant to subsection (2) a stamp duty at the rate of—

(a) where the relevant contract was renewed or entered into before 1 January 2010—

(i) €53 in respect of each insured person aged less than 18 years, and

(ii) €160 in respect of each insured person aged 18 years or over,

(b) where the relevant contract was renewed or entered into on or after 1 January 2010 and before 1 January 2011—

(i) €55 in respect of each insured person aged less than 18 years, and

(ii) €185 in respect of each insured person aged 18 years or over,

and

(c) where the relevant contract was renewed or entered into on or after 1 January 2011—

(i) €66 in respect of each insured person aged less than 18 years, and

(ii) €205 in respect of each insured person aged 18 years or over,

included in the statement.”.

66. Amendment of Schedule 1 to Principal Act.

66.— (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.”, by substituting the following for paragraphs (1) and (2):

“(1) Where the amount or value of the consideration for the sale is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration for the sale is, as the case may be— (a) wholly attributable to residential property, or (b) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the sale concerned which is wholly or partly attributable to residential property) would have been wholly or partly attributable to residential property: for the consideration which is attributable to residential property

1 per cent of the first €1,000,000 of the consideration and 2 per cent of the balance of the consideration thereafter but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.”,

(b) 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.”, in paragraph (3)—

(i) by substituting “paragraph (1) does” for “paragraphs (1) and (2) do”,

(ii) by substituting “paragraph (1)” for “paragraph (2)” in each place, and

(iii) by substituting “shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.” for “shall be rounded down to the nearest €.”,

(c) 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.”, in paragraph (4)—

(i) by substituting “2 per cent” for “9 per cent”, and

(ii) by substituting “shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.” for “shall be rounded down to the nearest €.”,

(d) 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.”, in paragraph (15) by substituting “Where paragraphs (7) to (13) apply” for “Where”,

(e) under the Heading “LEASE.”, by substituting the following for clauses (i) and (ii) of paragraph (3)(a):

“(i) he amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be— (I) wholly attributable to residential property, or (II) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the lease concerned which is wholly or partly attributable to residential property and other than rent) would have been wholly or partly attributable to residential property: for the consideration which is attributable to residential property

1 per cent of the first €1,000,000 of the consideration and 2 per cent of the balance of the consideration thereafter but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.”,

(f) under the Heading “LEASE.”, in clause (iii) of paragraph (3)(a)—

(i) by substituting “clause (i) does” for “clauses (i) and (ii) do”, and

(ii) by substituting “clause (i)” for “clause (ii)” in each place,

and

(g) under the Heading “LEASE.”, in clause (iv) of paragraph (3)(a)—

(i) by substituting “2 per cent” for “9 per cent”, and

(ii) by substituting “shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.” for “shall be rounded down to the nearest €.”.

(2) Subject to subsection (3), subsection (1) shall apply as respects instruments executed on or after 8 December 2010.

(3) Subsection (1) shall not apply as respects any instrument executed before 1 July 2011 where—

(a) the effect of the application of that subsection would be to increase the duty otherwise chargeable on the instrument, and

(b) the instrument contains a statement, in such form as the Revenue Commissioners may specify, certifying that the instrument was executed solely in pursuance of a binding contract entered into before 8 December 2010.

PART 5 Capital Acquisitions Tax

67. Interpretation (Part 5).

67.— In this Part “Principal Act” means the Capital Acquisitions Tax Consolidation Act 2003.

68. Amendment of provisions relating to agricultural and business property and provision relating to allowance of capital gains tax on the same event.

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

(a) in section 89(4)(a)(i) by substituting “commencing on” for “after”,

(b) in section 102A(2)(c) by substituting “commencing on the sixth anniversary of the date of the gift or inheritance and ending 4 years after that date” for “commencing 6 years after the date of the gift or inheritance and ending 10 years after that date”, and

(c) in section 104(3) by substituting “commencing on” for “after”.

(2) This section applies to gifts and inheritances taken on or after 21 January 2011.

69. Amendment of certain provisions of Principal Act.

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

(a) in section 76(1)(b) by substituting “referred to in subparagraph (c) of the definition of ‘group threshold’ in paragraph 1 of Part 1 of Schedule 2” for “of €19,050”,

(b) in the definition of “group threshold” in paragraph 1 of Part 1 of Schedule 2—

(i) in subparagraph (a) by substituting “€244,000” for “€304,775”,

(ii) in subparagraph (b) by substituting “€24,400” for “€30,478”, and

(iii) in subparagraph (c) by substituting “€12,200” for “€15,239”,

and

(c) as if, in the definition of “threshold amount” in paragraph 1 of Part 1 of Schedule 2, the consumer price index number for the year 2009 applied to gifts and inheritances taken in the year 2011.

(2) (a) Paragraph (a) of subsection (1) applies to gifts and inheritances taken on or after 21 January 2011.

(b) Paragraph (b) of subsection (1) applies to gifts and inheritances taken on or after 8 December 2010.

70. Amendment of provision relating to payment of tax and filing return and consequential amendments.

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

(a) in section 46(2A) by substituting “30 September” for “31 October” in each place,

(b) in section 51(2)(a) by substituting “1 October” for “1 November” in each place, and

(c) in section 53A(1) by substituting “30 September” for “31 October” in each place.

(2) This section applies to returns delivered and tax paid on or after 21 January 2011.

PART 6 Miscellaneous

71. Interpretation (Part 6).

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

72. Amendment of section 817M (duty of promoter to provide client list) of Principal Act.

72.— (1) Section 817M of the Principal Act is amended—

(a) by renumbering the existing provision as subsection (1) of that section,

(b) in subsection (1) by inserting “subject to subsection (2),” after “shall,”, and

(c) by inserting the following after subsection (1):

“(2) A client list provided to the Revenue Commissioners under paragraph (a) or (b), as the case may be, of subsection (1) shall not include the name, address or tax reference number of any person to whom the promoter has made the disclosable transaction available for implementation where the promoter is satisfied, at the time of providing the client list, that such person has not entered into any transaction forming part of the disclosable transaction.”.

(2) Subsection (1) applies as on and from 21 January 2011.

73. Amendment of section 149 (amendment of Part 33 (anti-avoidance) of Principal Act) of Finance Act 2010.

73.— Section 149 of the Finance Act 2010 is amended in subsection (2)(b) with effect from 3 April 2010 by substituting “17 January 2011” for “the date of the passing of this Act” in each place.

74. Attachment of debt.

74.— The Principal Act is amended—

(a) in subsection (1) of section 1002, by substituting the following for paragraph (c):

“(c) Where the Revenue Commissioners issue a notice of attachment in respect of any amount of money due by the relevant person to the taxpayer as emoluments under a contract of service, the notice may provide for the payment by the relevant person of the amount of the default out of the emoluments, after taking account of statutory deductions, over a period specified in the notice.”,

(b) in subsection (8) of section 1002, by substituting “by” for “at the suit of an officer of”, and

(c) by inserting the following after section 904J—

“Power of inspection: notices of attachment.

904K.— (1) In this section—

‘authorised officer’ means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred by this section;

‘books, records or other documents’ includes—

(a) any records used in the business of a relevant person whether—

(i) comprised in bound volume, loose-leaf binders or other loose-leaf filing system, loose-leaf ledger sheets, pages, folios or cards, or

(ii) kept on microfilm, magnetic tape or in any non-legible form (by the use of electronics or otherwise) which is capable of being reproduced in a legible form,

(b) every electronic or other automatic means, if any, by which any such thing in non-legible form is so capable of being reproduced,

(c) documents in manuscript, documents which are typed, printed, stencilled or created by any other mechanical or partly mechanical process in use from time to time and documents which are produced by any photographic or photostatic process, and

(d) correspondence and records of other communications between a qualifying lender and an individual having a qualifying mortgage loan from that qualifying lender;

‘relevant employee’ means an employee of a relevant person who by virtue of his or her employment—

(a) is in a position to produce or have produced, as appropriate, any books, records or other documents,

(b) is in a position to furnish or have furnished, as appropriate, any information, explanations or particulars relating to any books, records or other documents, or

(c) otherwise can give assistance for the purposes of paragraph (a) or (b),

to an authorised officer, as may be required under subsection (3);

‘relevant person’ and ‘return’ have the same meaning as in section 1002.

(2) An authorised officer may at all reasonable times enter any premises or place of business of a relevant person for the purpose of auditing a return.

(3) An authorised officer may require a relevant person or a relevant employee to produce books, records or other documents 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 under subsection (2).

(4) An authorised officer may make extracts from or copies of all or any part of the books, records or other documents or other material made available to him or her or require that copies of books, records, or other documents be made available to him or her, in exercising or performing his or her powers or duties under this section.

(5) An authorised officer when exercising or performing his or her powers or duties under this section shall, on request, produce his or her authorisation for the purposes of this section.

(6) A relevant employee 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) A relevant 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.”.

75. Revenue offences.

75.— Section 1078 of the Principal Act is amended in subsection (2), by inserting the following after paragraph (b):

“(ba) knowingly or wilfully possesses or uses, for the purpose of evading tax, a computer programme or electronic component which modifies, corrects, deletes, cancels, conceals or otherwise alters any record stored or preserved by means of any electronic device without preserving the original data and its subsequent modification, correction, cancellation, concealment or alteration,

(bb) provides or makes available, for the purpose of evading tax, a computer programme or electronic component which modifies, corrects, deletes, cancels, conceals or otherwise alters any record stored or preserved by means of any electronic device without preserving the original data and its subsequent modification, correction, cancellation, concealment or alteration,”.

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

76.— Section 1086 of the Principal Act is amended—

(a) by inserting the following subsection after subsection (2A):

“(2B) For the purposes of this section, where the Revenue Commissioners—

(a) accepted or undertook to accept a specified sum under subsection (2)(c), or

(b) accepted or undertook to accept a specified sum under subsection (2)(d),

and the person fails to pay the specified sum of money within the relevant period, the person shall nevertheless be included on the list referred to in subsection (2).”,

(b) in subsection (5) by deleting “and” at the end of paragraph (a) and, in paragraph (b), by substituting “paragraph (a), and” for “paragraph (a).”, and

(c) in subsection (5) by inserting the following after paragraph (b):

“(c) of any amount of tax determined under the Acts, whether paid or not, by reference to which a penalty was determined by a court in accordance with section 1077B.”.

77. Confidentiality of taxpayer information.

77.— The Principal Act is amended by inserting the following after section 851—

“851A.— (1) In this section,

‘agent’ means a member of a professional body;

‘investigation authority’ means a statutory body responsible for the investigation of alleged criminal offences;

‘professional body’ means—

(a) an accountancy body that comes within the supervisory remit of the Irish Auditing and Accounting Supervisory Authority,

(b) the Irish Auditing and Accounting Supervisory Authority, or

(c) the Irish Taxation Institute;

‘Revenue officer’ includes serving and former officers of the Revenue Commissioners;

‘taxpayer information’ means information of any kind and in any form relating to one or more persons that is—

(a) obtained by a Revenue officer for the purposes of the Acts, or

(b) prepared from information so obtained,

but does not include information that does not directly or indirectly reveal the identity of the person to whom it relates;

‘the Acts’ means—

(a) the Tax Acts,

(b) Parts 18A, 18B, 18C and 18D,

(c) the statutes relating to the duties of excise and to the management of those duties,

(d) the Capital Gains Tax Acts,

(e) the Value-Added Tax Acts,

(f) the Capital Acquisitions Tax Consolidation Act 2003, and the enactments amending or extending that Act, and

(g) the statutes relating to stamp duty and the management of that duty,

and any instruments made thereunder and any instruments made under any other enactment and relating to tax.

(2) All taxpayer information held by the Revenue Commissioners or a Revenue officer is confidential and may only be disclosed in accordance with this section or as is otherwise provided for by any other statutory provision.

(3) Except as authorised by this section, any Revenue officer who knowingly—

(a) provides to any person any taxpayer information,

(b) allows to be provided to any person any taxpayer information,

(c) allows any person to have access to any taxpayer information, or

(d) uses any taxpayer information otherwise than in the course of administering or enforcing the Acts,

shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine of €3,000, and

(ii) on conviction on indictment to a fine of €10,000.

(4) Subject to subsection (5), a Revenue officer shall not be required to give or produce evidence relating to taxpayer information in connection with any legal proceedings, notwithstanding anything to the contrary.

(5) Subsection (2) does not apply to—

(a) criminal proceedings, or

(b) any legal proceedings (including proceedings before the Appeal Commissioners) relating to the administration or enforcement of the Acts.

(6) (a) Where a Revenue officer has information that leads him or her to suspect that a criminal offence may have been committed, he or she may report the matter and provide such information, as is appropriate, to an investigation authority for investigation.

(b) Information received by an investigation authority may only be used in the detection or investigation of the matter reported to it.

(7) (a) A Revenue officer may disclose personal information to a professional body where he or she is satisfied that the work of an agent does not meet the professional standards of a professional body.

(b) Information received by a professional body may only be used for the purposes of any investigation by the professional body.

(8) A Revenue officer may disclose information in the following circumstances—

(a) where disclosure of information is authorised by the Freedom of Information Act 1997 and the information is not taxpayer information,

(b) for the purposes of any enquiry under the Tribunal of Enquiry (Evidence) Acts 1921 to 2002,

(c) where the taxpayer information disclosed relates to the person to whom disclosure is made,

(d) where the taxpayer information is disclosed with the consent of the taxpayer to any other person,

(e) where disclosure is made to a person acting in a representative capacity, taxpayer information that is relevant to the person in that capacity,

(f) in relation to a charity, such information as a Revenue Commissioner may authorise in writing and which is in the possession of a Revenue officer in relation to the name of a charity, its objectives, its governing documents and its principal officers,

(g) taxpayer information may be disclosed to an official of the Department of Finance solely for the purposes of the formulation or evaluation of fiscal policy,

(h) taxpayer information which may reasonably be regarded as necessary for the purposes of determining any tax, interest, penalty or other amount that is or may become payable by another person, or any refund or tax credit to which the other person is or may become entitled, may be disclosed to that other person,

(i) information which is not taxpayer information, and

(j) taxpayer information the disclosure of which is expressly authorised by another enactment.

(9) Nothing in this section shall prevent the due disclosure in the course of duties of taxpayer information by a Revenue Commissioner or Revenue officer to another Revenue Commissioner or Revenue officer.

(10) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in place of the penalty provided for in subsection (3) of that section, there were specified in that subsection the penalty provided for by subsection (3)(i), and the reference in subsection (2)(a) of section 13 of the Criminal Procedure Act 1967 to the penalty provided for in subsection (3) of that section shall be construed and apply accordingly.”.

78. Amendment of section 960E (collection of tax, issue of demands, etc.) of Principal Act.

78.— Section 960E of the Principal Act is amended in subsection (4) by substituting “send, make available or cause to be made available” for “provide”.

79. Payment of tax by relevant payment methods.

79.— The Principal Act is amended by inserting the following section after section 960E:

“960EA.— (1) In this section—

‘prescribed’ means prescribed by the Revenue Commissioners in regulations made under subsection (3);

‘relevant payment method’ means each of the following methods of payment:

(a) credit card,

(b) debit card,

(c) any other prescribed method or methods of payment;

‘relevant person’ means the Revenue Commissioners, the Collector-General or a Revenue officer, as the case may be.

(2) Where a person makes any payment of tax to a relevant person using a relevant payment method, the relevant person may refuse to accept such payment where, by accepting the payment made using such relevant payment method the Revenue Commissioners would, but for this section, incur any fees or charges (however described) in connection with any amount paid, using the relevant payment method concerned, to the relevant person, unless, at the time of making the payment, the person making the payment agrees to the payment of such additional charge or additional charges, as the case may be, as may be prescribed, by reason of the person’s making payment by that relevant payment method.

(3) The Revenue Commissioners may make regulations—

(a) prescribing a relevant payment method or relevant payment methods or class or classes of relevant payment method or relevant payment methods for the purposes of this section,

(b) prescribing the additional charge or additional charges payable in respect of each relevant payment method or each class of relevant payment method or relevant payment methods and different additional charges may be prescribed for different relevant payment methods or classes of relevant payment methods, and

(c) specifying—

(i) the period of time within which or the time by which, and

(ii) the manner in which,

any such additional charge or additional charges as may be prescribed under paragraph (b) shall be paid.”.

80. Amendment of Schedule 24A (arrangements made by the Government with the government of any territory outside the State in relation to affording relief from double taxation and exchanging information in relation to tax) to Principal Act.

80.— (1) Schedule 24A to the Principal Act is amended—

(a) in Part 1 by inserting the following before paragraph 1:

“1A. The Double Taxation Relief (Taxes on Income) (Republic of Albania) Order 2011 (S.I. No. 16 of 2011).”,

(b) in Part 1 by substituting the following for paragraph 2:

“2. The Double Taxation Relief (Taxes on Income) (Republic of Austria) Order 1967 (S.I. No. 250 of 1967), the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Austria) Order 1988 (S.I. No. 29 of 1988) and the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Austria) Order 2011 (S.I. No. 30 of 2011).”,

(c) in Part 1 by substituting the following for paragraph 14:

“14. The Double Taxation Relief (Taxes on Income and Capital and Gewerbesteuer (Trade Tax)) (Federal Republic of Germany) Order 1962 (S.I. No. 212 of 1962) and the Double Taxation Relief (Taxes on Income and on Capital) (Federal Republic of Germany) Order 2011 (S.I. No. 31 of 2011).”,

(d) in Part 1 by inserting the following after paragraph 15:

“15A. The Double Taxation Relief (Taxes on Income) (Hong Kong Special Administrative Region) Order 2011 (S.I. No. 17 of 2011).”,

(e) in Part 1 by inserting the following after paragraph 22:

“22A. The Double Taxation Relief (Taxes on Income) (State of Kuwait) Order 2011 (S.I. No. 21 of 2011).”,

(f) in Part 1 by substituting the following for paragraph 26:

“26. The Double Taxation Relief (Taxes on Income) (Malaysia) Order 1998 (S.I. No. 495 of 1998) and the Double Taxation Relief (Taxes on Income) (Malaysia) Order 2011 (S.I. No. 32 of 2011).”,

(g) in Part 1 by inserting the following after paragraph 27A:

“27B. The Double Taxation Relief (Taxes on Income) (Montenegro) Order 2011 (S.I. No. 18 of 2011).

27C. The Double Taxation Relief (Taxes on Income) (Kingdom of Morocco) Order 2011 (S.I. No. 19 of 2011).”,

(h) in Part 1 by inserting the following after paragraph 35A:

“35B. The Double Taxation Relief (Taxes on Income) (Republic of Singapore) Order 2011 (S.I. No. 34 of 2011).”,

(i) in Part 1 by substituting the following for paragraph 38:

“38. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of South Africa) Order 1997 (S.I. No. 478 of 1997) and the Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of South Africa) Order 2011 (S.I. No. 33 of 2011).”,

(j) in Part 1 by inserting the following after paragraph 41A:

“41B. The Double Taxation Relief (Taxes on Income and Capital Gains) (United Arab Emirates) Order 2011 (S.I. No. 20 of 2011).”,

(k) in Part 3 by inserting the following after paragraph 1:

“1A. The Exchange of Information Relating to Tax Matters (Antigua and Barbuda) Order 2011 (S.I. No. 22 of 2011).

1B. The Exchange of Information Relating to Tax Matters (Belize) Order 2011 (S.I. No. 23 of 2011).”,

(l) in Part 3 by inserting the following after paragraph 2:

“2A. The Exchange of Information Relating to Taxes (British Virgin Islands) Order 2011 (S.I. No. 24 of 2011).”,

(m) in Part 3 by inserting the following after paragraph 3:

“3A. The Exchange of Information Relating to Tax Matters (Cook Islands) Order 2011 (S.I. No. 25 of 2011).”,

and

(n) in Part 3 by inserting the following after paragraph 8:

“8A. The Exchange of Information Relating to Tax Matters (Republic of the Marshall Islands) Order 2011 (S.I. No. 26 of 2011).

8B. The Exchange of Information Relating to Tax Matters (Saint Lucia) Order 2011 (S.I. No. 27 of 2011).

8C. The Exchange of Information Relating to Tax Matters (Saint Vincent and the Grenadines) Order 2011 (S.I. No. 28 of 2011).

8D. The Exchange of Information Relating to Tax Matters (Samoa) Order 2011 (S.I. No. 29 of 2011).”.

(2) This section applies as on and from the date of the passing of this Act.

81. Miscellaneous technical amendments in relation to tax.

81.— The enactments specified in Schedule 3—

(a) are amended to the extent and in the manner specified in paragraphs 1 to 9 of that Schedule, and

(b) apply and come into operation in accordance with paragraph 10 of that Schedule.

82. Capital Services Redemption Account.

82.— (1) In this section—

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

“Capital Services Redemption Account” has the same meaning as it has in the principal section;

“fifty-eighth additional annuity” means the sum charged on the Central Fund under subsection (3);

“principal section” means section 22 of the Finance Act 1950.

(2) In relation to the 29 successive financial years commencing with the financial year ending on 31 December 2011, subsection (3) of section 162 of the Finance Act 2010 shall have effect with the substitution of “€272,104,407” for “€275,622,930”.

(3) A sum of €141,616,974 to redeem borrowings in respect of capital services and interest on such borrowings shall be charged annually on the Central Fund or the growing produce of that Fund in the 30 successive financial years commencing with the financial year ending on 31 December 2011.

(4) The fifty-eighth additional annuity shall be paid into the Capital Services Redemption Account in such manner and at such times in the relevant financial year as the Minister for Finance may determine.

(5) Any amount of the fifty-eighth additional annuity, not exceeding €108,850,000 in any financial year, may be applied toward defraying the interest on the public debt.

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

83. Care and management of taxes and duties.

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

84. Short title, construction and commencement.

84.— (1) This Act may be cited as the Finance Act 2011.

(2) Part 1 shall be construed together with—

(a) in so far as it relates to income tax, income levy and Universal Social Charge, the Income Tax Acts,

(b) in so far as it relates to corporation tax, the Corporation Tax Acts, and

(c) in so far as it relates to capital gains tax, the Capital Gains Tax Acts.

(3) Part 2 shall be construed together with—

(a) in so far as it relates to duties of excise, the statutes which relate to those duties and to the management of those duties, and

(b) in so far as it relates to customs, the Customs Acts.

(4) Part 3 shall be construed together with the Value-Added Tax Consolidation Act 2010 and may be cited together with that Act as the Value-Added Tax Acts.

(5) Part 4 shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act.

(6) Part 5 shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

(7) Part 6 in so far as it relates to—

(a) income tax, shall be construed together with the Income Tax Acts,

(b) corporation tax, shall be construed together with the Corporation Tax Acts,

(c) capital gains tax, shall be construed together with the Capital Gains Tax Acts,

(d) customs, shall be construed together with the Customs Acts,

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

(f) value-added tax, shall be construed together with the Value-Added Tax Acts,

(g) stamp duty, shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act,

(h) residential property tax, shall be construed together with Part VI of the Finance Act 1983 and the enactments amending or extending that Part, and

(i) gift tax or inheritance tax shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

(8) Except where otherwise expressly provided in Part 1, that Part is deemed to have come into force and takes effect as on and from 1 January 2011.

(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

(a) in section 461—

(i) in paragraph (a) by substituting “€3,300” for “€3,660”,

(ii) in paragraph (b) by substituting “€3,300” for “€3,660”, and

(iii) in paragraph (c) by substituting “€1,650” for “€1,830”;

(b) in section 461A by substituting “€540” for “€600”;

(c) in section 462(2) by substituting “€1,650” for “€1,830”;

(d) in section 463(2)(i) by substituting—

(i) “€3,600” for “€4,000”,

(ii) “€3,150” for “€3,500”,

(iii) “€2,700” for “€3,000”,

(iv) “€2,250” for “€2,500”, and

(v) “€1,800” for “€2,000”;

(e) in section 464 by substituting “€490” and “€245” for “€650” and “€325” respectively;

(f) in section 465(1) by substituting “€3,300” for “€3,660”;

(g) in section 466(2) by substituting “€70” for “€80”;

(h) in section 466A(2) by substituting “€810” for “€900”;

(i) in section 468(2) by substituting “€1,650” and “€3,300” for “€1,830” and “€3,660” respectively;

(j) in section 472(4) by substituting “€1,650” for “€1,830” in each place.

SCHEDULE 2 Post-consolidation Amendments (Part 3)

(a) by substituting “in relation to a person, means goods that are” for “in relation to a person, means goods”, and

(b) in paragraph (a), by substituting “movable goods of a kind” for “that are movable goods of a kind”.

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

“(1) (a) Provision may be made by regulations for the cancellation, at the request of a person, of an election made by the person under this Part and for the payment by him or her to the Revenue Commissioners, as a condition of such cancellation, of such a sum as is calculated in accordance with paragraph (b).

(b) The sum referred to in paragraph (a) is calculated by the formula—

(A + B) — C

where—

A is the amount of tax repaid to the person referred to in paragraph (a) for the period for which the election has effect in respect of tax borne or paid in relation to the supply of goods or services, other than services of the kind referred to in paragraph 11 of Schedule 3,

B is the tax deductible in accordance with Chapter 1 of Part 8 in respect of intra-Community acquisitions made by that person during that period, and

C is the net total amount of tax (if any) paid by such person in accordance with Chapter 3 of Part 9 in relation to the supply of goods or services (other than services of the kind referred to in paragraph 11 of Schedule 3)by that person in that same period.”,

and

(b) in subsection (2)(b)(ii), by substituting “D” and “E” for “A” and “B”, respectively, in both places where they occur in the formula in that subsection.

“(b) a taxable person, beinga flat-rate farmer who incurs expenditure to develop or acquire a capital good, not being expenditure on—

(i) a building or structure designed and used solely for the purposes of a farming business, or

(ii) fencing, drainage or reclamation of land,

which has actually been put to use in such a business carried on by him or her;”.

(a) by inserting “an applicant who supplies” after “This section does not apply to”, and

(b) in paragraph (a), by deleting “an applicant who supplies”.

(a) in paragraph (b), by substituting “and (c), or” for “and (c),” and

(b) by deleting paragraph (c).

(a) in subparagraph (1)(d), by substituting “collectors’ pieces” for “collectors’ objects”, and

(b) in subparagraph (4), by substituting “supplied” for “carried out”.

SCHEDULE 3 Miscellaneous Technical Amendments in Relation to Tax

(a) in section 76(7) by inserting “subsections (1), (2), (3), (4A), (5) and (6) of” after “anything in”,

(b) in section 192(1) by substituting “Conterganstiftung fur behinderte Menschen” for “Hilfswerk fr behinderte Kinder”,

(c) in section 433(5) by substituting “subsection (4)(c)(ii)” for “subsection (4)(d)”,

(d) in Part 1 of the Table to section 458 by deleting “Section 848A(7)”,

(e) in section 481(1), in the definition of “the Minister”, by substituting “Tourism, Culture and Sport” for “Arts, Sport and Tourism”,

(f) in section 486B(1), in the definition of “the Minister”, by substituting “Communications, Energy and Natural Resources” for “Public Enterprise”,

(g) in section 531(10)(i) by substituting “a” for “an”, and

(h) in section 766A(4B)(b)(ii)(II) by substituting “subparagraph (i)” for “sub-subparagraph (i)”.

(a) in section 46(2) by substituting “section 45(1), shall” for “section 45(1),”, and

(b) in section 111(2)—

(i) in paragraph (d) by deleting “, notwithstanding the priority referred to in section 60(1),”, and

(ii) in paragraph (f) by substituting “section 45(3)” for “section 45(7) or (8) or section 60(1)”.

(a) in section 4(1) in the definition of—

(i) “Annex VII activity” by substituting “Annex VII of the VAT Directive (the text of which Annex is contained in Part 1 of Schedule 4) and Article 295(2)” for “Article 295(1) and Annex VII of the VAT Directive (the text of which Annex is contained in Part 1 of Schedule 4)”, and

(ii) “Annex VIII service” by deleting “Article 295(1) and”,

(b) in section 59(2)(d) by inserting “by means of invoices or other documents prepared in the manner prescribed by regulations or by relevant customs documents,” after “to the accountable person”,

(c) in section 87(1) in the definition of “margin scheme goods” by inserting the following after paragraph (a):

“(aa) by an accountable person who was entitled to deduct tax in accordance with section 59(2)(d) in respect of a second-hand good, being a qualifying vehicle, as defined in section 59(1),”,

(d) in section 87(1) in the definition of “second-hand goods” by substituting “(purchased or acquired on or after 1 January 2010)” for “, purchased or acquired on or after 1 January 2010”, and

(e) in Schedule 4—

(i) in Part 1 by substituting “Annex VII and Article 295(2)” for “Article 295(1) and Annex VII”, and

(ii) in Part 2 by deleting “Article 295(1) and”.

(a) by substituting “including a craft” for “including a a craft”, and

(b) by substituting “in such vehicle;” for “in such vehicle.”.

(a) in section 105(1)(c) by substituting “on such products.” for “on such products,”,

(b) in section 109H(2) by substituting “Article 5” for “Article 4”,

(c) in section 136(3)(d) by substituting “custody or procurement, and” for “custody or procurement.”,

(d) in section 145(3)(e) by substituting “Finance Act 1992,” for “Finance Act, 1992, or”,

(e) in section 145(3)(f) by substituting “section 136, or” for “section 136,”, and

(f) in section 147 by substituting “such appeal shall” for “such appeal, shall”.

(i) subparagraphs (a) to (c) and (e) to (h) have effect as on and from the passing of this Act, and

(ii) subparagraph (d) is deemed to have come into force and have taken effect as on and from 6 April 2001.

(b) As respects paragraph 2—

(i) subparagraph (a) applies to valuation dates arising on or after 14 June 2010, and

(ii) subparagraph (b) applies as on and from 3 April 2010.

(c) Paragraphs 3 to 9 have effect as on and from the passing of this Act.