Finance (No. 2) Act 2013

• “(4A)

  • (a) Except where paragraph (c) applies, a repayment under subsection (2) shall only be made in respect of gas oil purchased, by the qualifying road transport operator concerned, by means of a fuel card approved by the Commissioners for that purpose (referred to in this subsection as an ‘approved fuel card’).

  • (b) Repayment under subsection (2) may, in the case of purchases by means of an approved fuel card, be subject to a minimum quantity of gas oil, prescribed by the Commissioners, for each such purchase.

  • (c) A repayment under subsection (2) may, subject to paragraph (d) and to such requirements as the Commissioners may prescribe or otherwise impose, be made in respect of gas oil that is purchased in bulk by a qualifying road transport operator.

  • (d) For the purposes of paragraph (c)—

    • (i) except where subparagraph (ii) applies, the gas oil shall be purchased in bulk from a person who holds an auto-fuel trader’s licence under section 101(1),

    • (ii) where the gas oil is purchased in bulk from a vendor in another Member State, it shall be delivered to the qualifying road transport operator in accordance with all the requirements of excise law.”,

• (b) in section 101(8)—

• (i) in paragraph (b) by deleting “or”,

• (ii) in paragraph (c) by substituting “imposed by the Commissioners, or” for “imposed by the Commissioners.”, and

• (iii) by inserting the following paragraphs after paragraph (c):

• “(d) where there has been a contravention of, or a failure to comply with, a requirement of excise law in relation to the production, sale or dealing in, keeping or delivery of mineral oil—

• (i) by the applicant, or

• (ii) at the premises or place in respect of which the application has been made,

and the applicant has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied, or

• (e) where there has been a contravention of, or a failure to comply with, a condition of an auto-fuel trader’s licence or a marked fuel trader’s licence that was previously granted—

  • (i) to the applicant, or

  • (ii) in respect of the premises or place in respect of which the application has been made,

  and the applicant has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied.”,

• (c) in section 102(9) by substituting “under subsection (1), (1A), (1B) or (3)” for “under subsection (3)”, and

• (d) in section 102A(8)(a) by substituting “section 102(1)(g)” for “section 102(1)(da)”.

47. Amendment of Chapter 1 of Part 2 of Finance Act 2001 (general excise law: interpretation, liability and payment)

47. Chapter 1 of Part 2 of the Finance Act 2001 is amended—

• (a) in section 96(1)—

• (i) by substituting the following for the definition of “excise law”:

“ ‘excise law’ means the statutes that relate to the duties of excise or the management of those duties, and the instruments made under statute that relate to those duties or the management of those duties;”,

• (ii) in the definition of “tobacco products” by substituting “paragraph (b) of section 97(1)” for “paragraph (c) of section 97(1)”, and

• (iii) by inserting the following definition:

“ ‘standard rate’—

• (a) in relation to any mineral oil has the meaning assigned to it by section 97(2) of the Finance Act 1999, and

• (b) in relation to any other excisable product means the rate of excise duty chargeable on that product without the benefit of any relief;”,

• (b) in section 99—

• (i) by inserting the following subsection after subsection (10):

• “(10A) Where any person—

  • (a) makes a supply or delivery of excisable products on which excise duty has been relieved, rebated, repaid, or charged at a rate lower than the appropriate standard rate, subject to a requirement that the excisable products are used for a specific purpose or in a specific manner, and

  • (b) knew that, or was reckless as to whether or not, he or she in making that supply or delivery was participating in a transaction or series of transactions connected to the fraudulent evasion of excise duty,

  then that person is liable for payment of the excise duty on the excisable products concerned at the rate appropriate to them, without the benefit of any such relief, rebate, repayment or lower rate.”,

and

• (ii) in subsection (11) by substituting “subsections (1) to (10A)” for “subsections (1) to (10)”,

• (c) in section 99B(3) by substituting “a return or to make a declaration” for “a return”,

• (d) in section 104(4) by substituting the following for paragraph (aa):

• “(aa) An order under paragraph (a) may, in addition to the circumstances outlined in that paragraph, be made where allowed for under paragraph (3) (inserted by Council Directive 2010/12/EU of 16 February 2010² and amended by Decision of the Council of the European Union of 5 December 2011³ on the admission of the Republic of Croatia to the European Union) of Article 46 of the Directive.”,

• (e) in section 108A(2) by deleting paragraph (a), and

• (f) in section 109(1) by deleting the definition of “excise law”.

48. Amendment of Chapter 3 of Part 2 of Finance Act 2001 (offences, penalties and proceedings)

48. Chapter 3 of Part 2 of the Finance Act 2001 is amended by inserting the following section after section 125:

“Forfeiture of alcohol products on unlicensed premises

125A. (1) Where—

• (a) any person who is required to hold a licence relating to the wholesale or retail sale of any alcohol products, in or on a premises or place, does not hold such a licence, and

• (b) in respect of the granting of such a licence, a tax clearance certificate issued under section 1094 of the Taxes Consolidation Act 1997 is required,

and either—

- (i) an application for such a licence has been refused, solely or partly on the grounds that the applicant does not hold such a tax clearance certificate, or

- (ii) no application for such a licence has been made and the person or—

    - (I) any partnership referred to in subsection (2)(a) of that section,

    - (II) any partner referred to in subsection (2)(b) of that section, or

    - (III) any person referred to in subsection (2)(c) of that section,

      has not complied with the obligations referred to in the said subsection (2),

      then, subject to subsections (2) and (3), any alcohol products held for wholesale or retail sale in or on that premises or place shall be liable to forfeiture.

• (2) Where subsection (1)(b) applies, the Commissioners shall notify the person concerned in writing of the requirement for a licence and for a tax clearance certificate in connection with that licence.

• (3) The alcohol products concerned are liable to forfeiture under subsection (1) on the expiry of a period of 20 days from the date on which—

  • (a) where subsection (1)(a) applies, a communication of refusal of a tax clearance certificate under section 1094(6) of the Taxes Consolidation Act 1997, or

  • (b) where subsection (1)(b) applies, a notice under subsection (2),

  has been sent.”.

49. Amendment of Chapter 4 of Part 2 of Finance Act 2001 (powers of officers)

49. Chapter 4 of Part 2 of the Finance Act 2001 is amended by substituting the following for section 138:

“Powers of officers in respect of certain tobacco products

1. (1) Where an officer or a member of the Garda Síochána has reasonable grounds for believing that a person is committing or has committed an offence under section 78 of the Finance Act 2005, then the officer or member may—

2. (a) require the person to give to that officer or member—

   • (i) the name, address and date of birth of that person,

   • (ii) all such information in relation to the tobacco products concerned as may reasonably be required by that officer or member and which is in the possession or procurement of that person, and

   • (iii) any tobacco products concerned for examination,

3. (b) examine any tobacco products concerned,

4. (c) where the officer or member has reasonable grounds to believe that any tobacco products concerned are contained in any receptacle, carry out such search and examination of that receptacle as may be required to establish that such an offence is being, or has been, committed in respect of those tobacco products,

5. (d) require any person who has possession, custody or control of a receptacle referred to in paragraph (c)—

   • (i) to give the receptacle to the officer or member, and

   • (ii) to provide access to the receptacle, as may be required by the officer or member for the purposes of that paragraph,

   and

6. (e) detain the person for as long as is reasonably required for the purposes of this section.

7. (2) For the purposes of paragraphs (c) and (d) of subsection (1), a receptacle does not include any article of clothing on the person concerned.”.

50. Amendment of Chapter 5 of Part 2 of Finance Act 2001 (miscellaneous)

50. Chapter 5 of Part 2 of the Finance Act 2001 is amended—

• (a) in section 144A—

• (i) in subsection (2)(f)(ii) by substituting “section 133(2)” for “section 133(1)”, and

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

• “(4)

  • (a) Any power, function or duty that may be exercised or performed by an officer under subsection (1) or (2) may be exercised or performed by an officer who is a bureau officer.

  • (b) In this subsection ‘bureau officer’ means an officer appointed as a bureau officer under section 8(1)(a)(ii) of the Criminal Assets Bureau Act 1996.”,

• (b) in section 145—

• (i) by deleting subsections (1), (1A) and (2), and

• (ii) by substituting the following for subsections (3) to (5):

• “(3) Any person who is the subject of a decision of the Commissioners in relation to any of the following matters may appeal to the Commissioners against that decision:

  • (a) the registration of a vehicle, or the amendment of an entry in the register referred to in section 131 of the Finance Act 1992;

  • (b) the determination of the open market selling price of a vehicle under section 133(2) of the Finance Act 1992;

  • (c) the granting, refusal or revocation by the Commissioners of an authorisation under section 136 of the Finance Act 1992, or the arrangements for payment of vehicle registration tax under that section.

• (4) An appeal under this section shall be made in writing and shall set out in detail the grounds of the appeal.

• (5) An appeal under this section shall be lodged by the person concerned with the Commissioners within 2 months from the date of the notification by the Commissioners of the decision concerned, or within such longer period as they may, in exceptional cases, allow.”,

and

• (c) in section 146 by substituting the following for subsections (1) and (2):

• “(1) Except where section 145(3) applies, any person who—

  • (a) has paid an amount of excise duty,

  • (b) has received a notice of assessment under section 99A, or is otherwise called upon by the Commissioners to pay an amount of excise duty that, in their opinion, that person is liable to pay, or

  • (c) has received a repayment of excise duty or has made a claim for such repayment that has been refused,

  may, in respect of the liability to excise duty concerned or the amount of that liability, or the amount of the repayment or the refusal to repay, appeal to the Appeal Commissioners against the decision concerned.

• (1A) Any person aggrieved by any of the following matters may appeal the matter to the Appeal Commissioners:

  • (a) a determination of the Commissioners under section 145;

  • (b) a refusal to authorise a person as an authorised warehousekeeper, or to approve a premises as a tax warehouse, under section 109, or a revocation under that section of any such authorisation or approval;

  • (c) a refusal to register a person as a registered consignee under section 109J(3) or a revocation under section 109J(4) of any such registration;

  • (d) a refusal to authorise a person as a registered consignor under section 109A or a revocation under that section of any such authorisation;

  • (e) a refusal to approve a person as a tax representative under section 109U(2) or a revocation under that section of any such approval;

  • (f) a refusal to grant a licence under section 101 of the Finance Act 1999 or a revocation under that section of any such licence that has been granted.

• (2) A person who intends to appeal under this section shall notify the Commissioners in writing of that intention within 30 days of—

  • (a) the payment of excise duty in the case of an appeal under subsection (1)(a),

  • (b) the notice of assessment or other notification by the Commissioners calling for payment of the amount concerned in the case of an appeal under subsection (1)(b),

  • (c) the date of the repayment or of the notification by the Commissioners of the refusal to repay in the case of an appeal under subsection (1)(c), or

  • (d) the notification by the Commissioners of the determination, refusal or revocation concerned in the case of an appeal under subsection (1A).”.

51. Amendment of Chapter 3 of Part 3 of Finance Act 2010 (solid fuel carbon tax)

51. (1) Chapter 3 of Part 3 of the Finance Act 2010 is amended—

• (a) in section 77—

• (i) by substituting the following for the definition of “briquettes”:

“ ‘briquettes’ means milled peat which has been mechanically compressed into blocks for use as fuel;”,

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

“ ‘coal’ means—

• (a) except where paragraph (b) applies, any fuel in solid form manufactured from coal falling within CN Code 2701 or from lignite falling within CN Code 2702,

• (b) any energy product within the meaning of Article 2.1 of the Directive, in solid form, for use as a fuel;”,

• (iii) by substituting the following for the definition of “peat”:

“ ‘peat’ means peat falling within CN Code 2703 and includes any fuel in solid form manufactured from peat or manufactured from a combination of peat and any product other than coal falling within CN Code 2701 or lignite falling within CN Code 2702;”,

• (iv) by substituting the following for the definition of “supplier”:

“ ‘supplier’ means—

• (a) except where paragraph (b) applies, a taxable person within the meaning of section 2 of the Value-Added Tax Consolidation Act 2010,

• (b) an accountable person for the purposes of Part 2 of the Value-Added Tax Consolidation Act 2010,

who supplies solid fuel;”,

• (v) by substituting the following for the definition of “supply”:

“ ‘supply’ means—

• (a) except where paragraph (b) applies, the supply of a quantity of solid fuel to another person,

• (b) the supply of a quantity of solid fuel by a supplier for combustion by that supplier;”,

and

• (vi) by inserting the following definitions:

“ ‘biomass’ means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances), forestry and related industries, as well as the biodegradable fraction of industrial and municipal waste;

‘biomass content’ in relation to a solid fuel product means the percentage of the weight of that product that is accounted for by biomass;

‘biomass product’ means any solid fuel product with a biomass content of 30 per cent or more;

‘first supplied’ means the first time a supply is made within the State by a supplier;”,

• (b) in section 78 by deleting subsection (2), and

• (c) by inserting the following section after section 82:

“Relief for biomass content of solid fuel

82A. (1) Where the Minister for the Environment, Community and Local Government makes regulations under section 53 of the Air Pollution Act 1987 to provide for—

• (a) the identification of biomass products supplied by a supplier,

• (b) the marking to be applied to the packaging of biomass products for the purposes of such identification, and

• (c) the records to be kept by suppliers relating to the biomass products received, produced, held, delivered and supplied by them,

then, subject to such conditions as the Commissioners may prescribe or otherwise impose, a partial relief from tax (referred to in this section as ‘the relief’) shall be granted on any biomass product that is shown to the satisfaction of the Commissioners to have been first supplied by a supplier in accordance with the regulations.

• (2) The relief on the supply of a quantity of biomass product shall be calculated as follows:

  • (a) 30 per cent of the tax chargeable where the biomass content of that product is less than 50 per cent;

  • (b) 50 per cent of the tax chargeable where the biomass content of that product is 50 per cent or more.

• (3)

  • (a) The relief shall, except where paragraph (b) applies, be applied by way of remission, and the supplier shall account for and pay the tax on the biomass product concerned at the rate specified in Schedule 1 less the amount of the relief.

  • (b) Where any biomass product has been first supplied by a supplier without application of the relief in accordance with paragraph (a), the Commissioners shall, subject to such conditions as they may impose in any particular case, apply the relief to that supply by way of repayment.

  • (c) Except where the Commissioners may in any particular case allow, a repayment claim shall be made within 4 months following the date on which the tax was paid on the biomass products concerned.”.

• (2) Subsection (1)(c) comes into operation on such day as the Minister for Finance may appoint by order.

52. Rates of tobacco products tax

52. The Finance Act 2005 is amended with effect as on and from 16 October 2013 by substituting the following for Schedule 2 to that Act (as amended by section 49 of the Finance Act 2013):

“SCHEDULE 2

Rates of Tobacco Products Tax

(With effect as on and from 16 October 2013)

Description of Product	Rate of Tax
Cigarettes ... ... ... ... ... ... ...	Rate of tax at— (a) except where paragraph (b) applies, €241.83 per thousand together with an amount equal to 8.72 per cent of the price at which the cigarettes are sold by retail, or (b) €275.62 per thousand in respect of cigarettes sold by retail where the rate of tax would be less than that rate had the rate been calculated in accordance with paragraph (a).
Cigars ... ... ... ... ... ... ... ...	Rate of tax at €279.345 per kilogram.
Fine-cut tobacco for the rolling of cigarettes	Rate of tax at €252.222 per kilogram.
Other smoking tobacco ... ... ... ... ...	Rate of tax at €193.799 per kilogram.

”.

53. Rates of alcohol products tax

53. The Finance Act 2003 is amended with effect as on and from 16 October 2013 by substituting the following for Schedule 2 to that Act:

“SCHEDULE 2

Rates of Alcohol Products Tax

(With effect as on and from 16 October 2013)

Description of Product	Rate of Tax
Spirits:	€42.57 per litre of alcohol in the spirits
Beer:
Exceeding 0.5% vol but not exceeding 1.2% vol	€0.00
Exceeding 1.2% vol but not exceeding 2.8% vol	€11.27 per hectolitre per cent of alcohol in the beer
Exceeding 2.8% vol	€22.55 per hectolitre per cent of alcohol in the beer
Wine:
Still and sparkling, not exceeding 5.5% vol	€141.57 per hectolitre
Still, exceeding 5.5% vol but not exceeding 15% vol	€424.84 per hectolitre
Still, exceeding 15% vol	€616.45 per hectolitre
Sparkling, exceeding 5.5% vol	€849.68 per hectolitre
Other Fermented Beverages:
(1) Cider and Perry:
Still and sparkling, not exceeding 2.8% vol	€47.23 per hectolitre
Still and sparkling, exceeding 2.8% vol but not exceeding 6.0% vol	€94.46 per hectolitre
Still and sparkling, exceeding 6.0% vol but not exceeding 8.5% vol	€218.44 per hectolitre
Still, exceeding 8.5% vol	€309.84 per hectolitre
Sparkling, exceeding 8.5% vol	€619.70 per hectolitre
(2) Other than Cider and Perry:
Still and sparkling, not exceeding 5.5% vol	€141.57 per hectolitre
Still, exceeding 5.5% vol	€424.84 per hectolitre
Sparkling, exceeding 5.5% vol	€849.68 per hectolitre
Intermediate Beverages:
Still, not exceeding 15% vol	€424.84 per hectolitre
Still, exceeding 15% vol	€616.45 per hectolitre
Sparkling	€849.68 per hectolitre

”.

54. Amendment of Chapter 1 of Part 2 of Finance Act 2002 (consolidation and modernisation of betting duties law)

54. (1) Chapter 1 (as amended by section 49 of the Finance Act 2011) of Part 2 of the Finance Act 2002 is amended—

• (a) in section 64—

• (i) by substituting the following for the definition of “remote betting intermediary”:

“ ‘remote betting intermediary’ means a person (in this definition referred to as ‘the first-mentioned person’) who, in the course of business, provides facilities, in accordance with a licence for such activity duly granted under any Act, that enable persons to make bets with other persons (other than the first-mentioned person) by remote means;”,

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

“ ‘remote bookmaker’ means a person who carries on the business of a bookmaker by remote means in accordance with a licence for such bookmaking duly granted under any Act;”,

and

• (iii) by substituting the following for the definition of “remote means”:

“ ‘remote means’ means, in relation to a communication, any electronic means, and includes—

• (a) the internet,

• (b) telephone, and

• (c) telegraphy (whether or not wireless telegraphy);”,

• (b) in section 66A—

• (i) in subsection (1)(a) by substituting “€10,000” for “€5,000”,

• (ii) in subsection (4)—

• (I) in paragraph (a) by substituting “31 May” for “31 October” in each place, and

• (II) in paragraph (b) by substituting “30 April” for “30 September”,

and

• (iii) by substituting the following for the Table to that section:

“Table

Level of annual turnover	Rates of duty
(1)	(2)
Under €50 million	€10,000
€50 million but less than €75 million	€20,000
€75 million but less than €100 million	€30,000
€100 million but less than €150 million	€40,000
€150 million but less than €200 million	€60,000
€200 million but less than €300 million	€80,000
€300 million but less than €400 million	€120,000
€400 million but less than €500 million	€160,000
€500 million or more	€200,000

”,

and

• (c) in section 66B—

• (i) in subsection (1)(a) by substituting “€10,000” for “€5,000”,

• (ii) in subsection (4)—

• (I) in paragraph (a) by substituting “31 May” for “31 October” in each place, and

• (II) in paragraph (b) by substituting “30 April” for “30 September”,

and

• (iii) by substituting the following for the Table to that section:

“Table

Level of annual commission earnings	Rates of duty
(1)	(2)
Under €3 million	€10,000
€3 million but less than €4,500,000	€20,000
€4,500,000 but less than €6 million	€30,000
€6 million but less than €9 million	€40,000
€9 million but less than €12 million	€60,000
€12 million but less than €18 million	€80,000
€18 million but less than €24 million	€120,000
€24 million but less than €30 million	€160,000
€30 million or more	€200,000

”.

• (2) Chapter 1 of Part 2 of the Finance Act 2002 is amended—

• (a) in section 65 by substituting “€500” for “€250”,

• (b) in section 66—

• (i) in subsection (1) by substituting “€760” for “€380”,

• (ii) in subsection (3)—

• (I) by substituting “€760” for “€380”, and

• (II) by substituting “period of 24 months” for “year” in each place,

and

• (iii) by substituting the following for subsection (4):

• “(4) In this section, ‘period of 24 months’ means a period of 24 months beginning on any 1st day of December.”,

and

• (c) by inserting the following sections after section 66:

Payment arrangements for excise duty payable under section 65, 66A or 66B

66C. (1) The excise duty payable under section 65, 66A or 66B, as the case may be, shall, at the option of the person by whom it is so payable, be paid—

• (a) in full at the time of the granting or renewal of the licence, or

• (b) subject to subsection (2), in two equal instalments as follows:

• (i) the first instalment at the time of the granting or renewal of the licence, and

• (ii) the second instalment—

• (I) in the case of excise duty payable under section 65, on or before 30 November next following the granting or renewal of the licence concerned,

• (II) in the case of the excise duty payable under section 66A or 66B, as the case may be, on or before 30 June next following the granting or renewal of the licence concerned.

• (2) Where the period between the date of granting the licence concerned and the date on which it falls due for renewal is one year or less, the excise duty payable under section 65, 66A or 66B, as the case may be, shall be paid in full at the time of the granting of the licence.

Payment arrangements for excise duty payable under section 66

66D. (1) The excise duty payable under section 66 on the registration or renewal of the registration of a premises shall, at the option of the person referred to under section 66(2), be paid—

• (a) in full at the time of the registration or renewal of the registration, or

• (b) subject to subsection (2), in two equal instalments as follows:

• (i) the first instalment at the time of the registration or renewal of the registration, and

• (ii) the second instalment on or before 30 November next following the registration or renewal of registration.

• (2) Where the period between the date of registration of the premises concerned and the date on which it falls due for renewal is one year or less, the excise duty payable under section 66 shall be paid in full at the time of the registration.”.

• (3) Subsection (2) 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.

55. Amendment of section 135C of Finance Act 1992 (remission or repayment in respect of vehicle registration tax, etc.)

55. (1) Section 135C of the Finance Act 1992 is amended—

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

• “(a) Where a person first registers a category A vehicle or a category B vehicle during the period from 1 January 2011 to 31 December 2014 and the Commissioners are satisfied that the vehicle is a series production hybrid electric vehicle then the Commissioners shall remit or repay to that person an amount equal to the lesser of—

  • (i) the vehicle registration tax which, apart from this subsection, would be payable in respect of the vehicle in accordance with paragraph (a) or (c) of section 132(3), or

  • (ii) the amount specified in the Table to this subsection which is referable to the vehicle having regard to its age.”,

and

• (b) in subsections (2), (3) and (4) by substituting “31 December 2014” for “31 December 2013” in each place.

• (2) Subsection (1) comes into operation on 1 January 2014.

56. Amendment of section 139 of Finance Act 1992 (offences and penalties)

56. Section 139 of the Finance Act 1992 is amended—

• (a) in subsection (5)—

• (i) in paragraph (a) by substituting “12 months” for “6 months”, and

• (ii) in paragraph (b) by substituting “€126,970” for “€12,695”,

and

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

• “(7) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in place of the penalties specified in subsection (3) of that section, there were specified in that subsection the penalties provided for by subsection (5)(a) of this section, and the reference in subsection (2)(a) of section 13 of the Criminal Procedure Act 1967 to the penalties provided for in subsection (3) of that section shall be construed and apply accordingly.”.

PART 3 Value-Added Tax

57. Interpretation (Part 3)

57. In this Part “Principal Act” means the Value-Added Tax Consolidation Act 2010.

58. Amendment of section 46 of Principal Act (rates of tax)

58. Section 46 of the Principal Act is amended with effect from 1 January 2014 in subsection (1)(ca) by deleting “during the period 1 July 2011 to 31 December 2013,”.

59. Amendment of section 59 of Principal Act (deduction for tax borne or paid)

59. Section 59 of the Principal Act is amended—

• (a) in subsection (2) by deleting paragraph (m), and

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

• “(2A) In computing the amount of tax payable by an accountable person in respect of a taxable period, that person may deduct the tax charged to him or her during the period by other accountable persons in respect of services directly related to the transfer of ownership of goods that would, but for the operation of section 20(2)(c), be subject to tax.”.

60. Adjustment of tax deductible in relation to unpaid consideration

60. (1) Part 8 of the Principal Act is amended in Chapter 1 by inserting the following section after section 62:

“62A. (1) Subject to subsection (4), where—

• (a) an accountable person has, during a taxable period (referred to in this section as the ‘initial period’), deducted tax in accordance with subsection (2) or (2A) of section 59, and

• (b) the consideration, or part thereof, due to the supplier of the goods or services has not been paid by that accountable person on or before the last day of the third taxable period following the initial period,

that accountable person shall reduce the amount of tax deductible by him or her in accordance with subsection (2).

• (2) Where subsection (1) applies, the accountable person shall reduce the amount of tax deductible by him or her, in the third taxable period following the initial period, by an amount calculated in accordance with the following formula, subject to any apportionment arising in accordance with section 61:

(A-B) x C

where—

A is the total consideration (exclusive of value-added tax),

B is the consideration or part thereof (exclusive of value-added tax) that has been paid, and

C is the percentage rate of tax chargeable in relation to the supply of the goods or services.

• (3) Where an accountable person has reduced the amount of tax deductible in a taxable period in accordance with subsection (2) and subsequently that accountable person pays the consideration, or part thereof, due to the supplier of the goods or services, that accountable person shall, in the taxable period in which that consideration, or part thereof, was paid, increase the amount of the tax deductible by him or her, by an amount calculated in accordance with the following formula, subject to any apportionment arising in accordance with section 61:

D x C

where—

D is the consideration or part thereof (exclusive of value-added tax) paid during that period, and

C is the percentage rate of tax chargeable in relation to the supply of the goods or services.

• (4) Where, on or before the due date for submission of the return required under section 76 or 77 relating to the third taxable period after the initial period, an accountable person satisfies the Revenue Commissioners that there are reasonable grounds for not having paid the full consideration, or part thereof, to the supplier on or before the date referred to in subsection (1)(b), this section shall not apply.

• (5) The Revenue Commissioners may make regulations in relation to the operation of this section.”.

• (2) This section has effect in relation to initial periods (within the meaning of section 62A (inserted by subsection (1)) of the Principal Act) beginning on or after 1 January 2014.

61. Amendment of section 120 of Principal Act (regulations)

61. Section 120 of the Principal Act is amended in subsection (8)—

• (a) in paragraph (g) by substituting “review;” for “review.” in subparagraph (iv), and

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

• “(h) in relation to section 62A—

• (i) the manner in which an adjustment is calculated, and

  • (ii) the circumstances in which an adjustment may not be required.”.

62. Amendment of section 64 of Principal Act (capital goods scheme)

62. Section 64 of the Principal Act is amended in subsection (12A)—

• (a) in paragraph (a) by substituting the following for the definition of “start date”:

“ ‘start date’ means—

• (i) where subparagraph (i) or (ii) of paragraph (b) applies, the date on which either the mortgagee takes possession or the receiver is appointed, or

• (ii) where subparagraph (i) or (ii) of paragraph (ba) applies, 1 May 2014.”,

• (b) in paragraph (b) by inserting “, on or after 27 March 2013,” after “charge or lien and”,

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

• “(ba) Where a capital good is held as security or is subject to a charge or lien and, before 27 March 2013, either—

  • (i) a mortgagee took possession, or

  • (ii) a receiver was appointed by or on the application of a mortgagee or under section 147 of the National Asset Management Agency Act 2009 or by any other means,

  then the defaulter shall, within 60 days after the date of the passing of the Finance (No. 2) Act 2013 furnish a copy of the capital goods record to that mortgagee or that receiver and on and from the start date, but subject to the subsequent provisions of this subsection, that mortgagee or that receiver shall be treated for the purposes of this Chapter as if that mortgagee or that receiver were the capital goods owner.”,

and

• (d) in paragraph (c)—

• (i) by inserting “or (ba)” after “Where paragraph (b)”,

• (ii) by inserting “or (ba), as appropriate” after “with paragraph (b)”, and

• (iii) by inserting “or deductible” after “payable”.

63. Amendment of section 80 of Principal Act (tax due on moneys received basis)

63. Section 80 of the Principal Act is amended in subsection (1)(b) with effect from 1 May 2014 by substituting “€2,000,000” for “€1,250,000”.

64. Amendment of section 86 of Principal Act (special provisions for tax invoiced by flat-rate farmers)

64. Section 86 of the Principal Act is amended in subsection (1) with effect from 1 January 2014 by substituting “5 per cent” for “4.8 per cent”.

65. Notice of requirement to furnish certain information, etc.

65. Part 13 of the Principal Act is amended—

• (a) in Chapter 1 by inserting the following section after section 108:

“Notice of requirement to furnish certain information, etc.

108A. (1) The Revenue Commissioners may, for the purposes of the prevention and detection of tax evasion, serve a notice in writing on an accountable person whom the Commissioners have reasonable grounds for believing is likely to have further information, explanations or particulars in respect of any books, records (within the meaning of section 108), accounts or other documents relating to his or her supplies of goods made to his or her customers which may assist in identifying taxable supplies in respect of which tax chargeable will not be, or is not likely to be, paid requiring the accountable person to furnish to the Commissioners any such information, explanations or particulars as they may reasonably require and which they consider may so assist.

• (2) A notice served under subsection (1) shall—

  • (a) specify—

    • (i) the date from which the notice shall have effect, being a date not earlier than 7 days from the date of service of the notice,

    • (ii) the information, explanations or particulars, referred to in subsection (1), required to be furnished to the Revenue Commissioners,

    • (iii) the period for which the notice shall have effect, being a period not more than 2 months from the date specified under subparagraph (i),

    • (iv) the period within which the accountable person shall furnish the specified information, explanations or particulars to the Commissioners, being a period not less than 14 days from the end of the period specified under subparagraph (iii), and

    • (v) the form in which the specified information, explanations or particulars shall be furnished to the Commissioners,

    and

  • (b) inform the accountable person of the consequences under section 115(8A) of failing to comply with the notice.”,

and

• (b) in Chapter 3, by inserting the following subsection after subsection (8) of section 115—

• “(8A) A person who fails to furnish to the Revenue Commissioners the information, explanations or particulars specified in a notice served on the person under subsection (1) of section 108A within the period specified in the notice shall be liable to a penalty of €4,000.”.

66. Tax treatment of horses and greyhounds

66. (1) The Principal Act is amended—

• (a) in section 2(1) by substituting the following for the definition of “livestock”:

“ ‘livestock’ means live—

• (a) cattle, sheep, goats, pigs and deer, and

• (b) horses normally intended for use in the preparation of foodstuffs or in agricultural production;”,

• (b) in section 46(1)—

• (i) in paragraph (ca) by substituting “, 13(3) and 13B(1) to (3)” for “and 13(3)”, and

• (ii) in paragraph (d) by deleting “and live greyhounds and to the hire of horses”,

and

• (c) in Schedule 3—

• (i) in paragraph 10 by substituting the following for subparagraph (2):

• “(2) Animal insemination services other than the services specified in subparagraphs (4) and (5) of paragraph 13B.”,

and

• (ii) by inserting the following Part after Part 2A:

“PART 2B

Certain Supplies with Reduced Rate: Special Provisions in Accordance with Article 113 of the VAT Directive

Horses and greyhounds

13B. (1) The supply of live horses other than horses normally intended for use in—

• (a) the preparation of foodstuffs, or

• (b) agricultural production.

• (2) The hire of horses.

• (3) The supply of live greyhounds.

• (4) The supply of insemination services for greyhounds.

• (5) The supply of insemination services for horses other than horses normally intended for use in—

  • (a) the preparation of foodstuffs, or

  • (b) agricultural production.

• (6) The supply of horse semen from horses other than horses normally intended for use in—

  • (a) the preparation of foodstuffs, or

  • (b) agricultural production.”.

• (2) Subsection (1) comes into operation on such day as the Minister for Finance may appoint by order.

67. Amendment of Schedule 1 to Principal Act

67. Schedule 1 to the Principal Act is amended in paragraph 14(2) with effect from 1 January 2014 by inserting “and Irish Water” after “local authorities”.

PART 4 Stamp Duties

68. Interpretation (Part 4)

68. In this Part “Principal Act” means the Stamp Duties Consolidation Act 1999.

69. Amendment of section 81AA (transfers to young trained farmers) of and Schedule 2B (qualifications for applying for relief from stamp duty in respect of transfers to young trained farmers) to Principal Act

69. (1) The Principal Act is amended—

• (a) in section 81AA(6)(b) by substituting “Qualifications and Quality Assurance Authority of Ireland” for “National Qualifications Authority of Ireland”, and

• (b) in Schedule 2B—

• (i) in paragraph 1 by substituting “Qualifications and Quality Assurance Authority of Ireland” for “Further Education and Training Awards Council”,

• (ii) in paragraph 2 by substituting “Qualifications and Quality Assurance Authority of Ireland” for “Higher Education and Training Awards Council”,

• (iii) in paragraph 2 by substituting “Studies;” for “Studies.” in subparagraph (o) and by inserting the following after that subparagraph:

• “(p) Higher Certificate in Science Applied Agriculture.”,

and

• (iv) in paragraph 3 by inserting the following after subparagraph (b):

• “(ba) Bachelor of Agricultural Science - Animal Science Equine awarded by University College Dublin;

• (bb) Bachelor of Agricultural Science - Dairy Business awarded by University College Dublin;”.

• (2)
• (a) Subsection (1)(a) has effect in respect of certifications made by Teagasc on or after 6 November 2012.

• (b) Subparagraphs (i) and (ii) of subsection (1)(b) have effect in respect of qualifications awarded on or after 6 November 2012.

70. Enterprise Securities Market

70. (1) The Principal Act is amended by inserting the following section after section 86:

“86A. (1) Stamp duty shall not be chargeable on any conveyance or transfer of stocks or marketable securities admitted to the Enterprise Securities Market operated by the Irish Stock Exchange Limited.

• (2) Subsection (1) shall not apply to any conveyance or transfer of stocks or marketable securities where the admission of the stocks or marketable securities to the Enterprise Securities Market has been cancelled by the Irish Stock Exchange Limited.”.

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

71. Amendment of section 125B of Principal Act (levy on pension schemes)

71. Section 125B of the Principal Act is amended—

• (a) in subsection (1)—

• (i) in paragraphs (a) and (b) of the definition of “chargeable amount” by substituting “2013, 2014 or 2015” for “2013 or 2014” in each place, and

• (ii) in the definition of “due date” by substituting “2013, 2014 or 2015” for “2013 or 2014”,

• (b) in subsection (2) by substituting “2013, 2014 and 2015” for “ 2013 and 2014”, and

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

• “(3) A stamp duty of an amount equal to—

  • (a) 0.6 per cent of the chargeable amount for each of the years 2011, 2012 and 2013,

  • (b) 0.75 per cent of the chargeable amount for the year 2014, and

  • (c) 0.15 per cent of the chargeable amount for the year 2015,

  shall be charged on every statement delivered by a chargeable person pursuant to subsection (2).”.

72. Further levy on certain financial institutions

72. The Principal Act is amended by inserting the following section after section 126A:

“126AA. (1) In this section—

‘appropriate tax’ has the meaning assigned to it by section 256 of the Taxes Consolidation Act 1997;

‘assessable amount’, in relation to a relevant person, means the relevant retention tax in relation to the person;

‘relevant business’ means the business of a relevant person of taking and holding relevant deposits (within the meaning of section 256 of the Taxes Consolidation Act 1997) in respect of which the person was obliged to pay any amount under section 258 or 259 of the Taxes Consolidation Act 1997;

‘due date’ means—

• (a) in respect of the year 2014, 20 October 2014,

• (b) in respect of the year 2015, 20 October 2015, and

• (c) in respect of the year 2016, 20 October 2016;

‘relevant person’ means—

• (a) a person who, in the year 2011, was a holder of a licence granted under section 9 of the Central Bank Act 1971 or held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section, or

• (b) a person who, in the year 2011, was a building society within the meaning of the Building Societies Act 1989 or a society established in accordance with the law of any other Member State of the European Communities which corresponds to that Act,

and the person—

- (i) was obliged, in the year 2011, to pay—

    - (I) appropriate tax under section 258(3) of the Taxes Consolidation Act 1997, or

    - (II) an amount on account of appropriate tax under section 258(4) or 259(4) of that Act,

      and

- (ii) is carrying on a trade or business in the State (whether including a relevant business or not),

  but a person shall not be regarded as a relevant person where the relevant retention tax in relation to the person in the year 2011 did not exceed €100,000;

  ‘relevant retention tax’, in relation to a relevant person, means an amount determined by the formula—

  A + B - C

  where—

  A is an amount equal to the aggregate of—

• (a) appropriate tax paid by the person in the year 2011 under section 258(3) of the Taxes Consolidation Act 1997, and

• (b) the amount paid by the person in the year 2011 on account of appropriate tax under section 258(4) or 259(4) of that Act,

B is the aggregate of any amounts of appropriate tax, or any amounts on account of appropriate tax, paid by the person after the year 2011 which, in accordance with section 258 or 259 of that Act, should have been paid by the person in the year 2011, and

C is the aggregate of any amounts of appropriate tax paid by the person in the year 2011 which—

• (a) are included in A, and

• (b) were agreed by the person and an officer of the Commissioners at or before the time of payment as being tax which, in accordance with the said section 258, should have been paid before the year 2011;

‘year 2011’ means the period of 12 months ending on 31 December 2011.

• (2) A relevant person shall for each of the years 2014, 2015 and 2016, not later than the due date in respect of that year, deliver to the Commissioners a statement in writing showing the assessable amount for that person.

• (3) Where at any time in a period commencing on 1 January 2011 and ending immediately before a due date—

  • (a) a relevant person ceased to carry on a relevant business, and

  • (b) another person (in this section referred to as the ‘successor person’) acquired the whole, or substantially the whole, of the relevant business,

  the relevant person shall not be required to deliver a statement on the due date in accordance with subsection (2) but the successor person shall—

  - (i) where the successor person is, apart from this subsection, required to deliver a statement on the due date in accordance with subsection (2), increase the assessable amount in that statement by the assessable amount in relation to the relevant person, and
  
  - (ii) in any other case, deliver a statement on the due date in accordance with subsection (2) as if the successor person were the relevant person.
  

• (4) Where at any time in a period commencing at the time at which a successor person acquired the whole, or substantially the whole, of a relevant business from the relevant person referred to in subsection (3) such that that subsection applies to the successor person and ending immediately before a due date—

  • (a) the successor person ceased to carry on the relevant business so acquired, and

  • (b) another person (in this section referred to as the ‘next successor person’) acquired the whole, or substantially the whole, of the relevant business,

  the successor person shall not be required to deliver a statement on the due date in accordance with subsection (3) but the next successor person shall—

  - (i) where the next successor person is, apart from this subsection, required to deliver a statement on the due date in accordance with subsection (2), increase the assessable amount in that statement by the assessable amount in relation to the relevant person, and
  
  - (ii) in any other case, deliver a statement on the due date in accordance with subsection (2) as if the next successor person were the relevant person.
  

• (5) Where at any time in a period commencing at the time at which a next successor person acquired the whole, or substantially the whole, of a relevant business such that that person was required—

  • (a) to increase an assessable amount by an assessable amount in relation to a relevant person, or

  • (b) to deliver a statement as if the next successor person were a relevant person,

  and ending immediately before a due date—

  - (i) the next successor person ceased to carry on the relevant business so acquired, and
  
  - (ii) another person (in this section referred to as the ‘further successor person’) acquired the whole, or substantially the whole, of the relevant business,
  
    the next successor person shall not be required to deliver a statement on the due date in accordance with subsection (4) but the further successor person shall—
  
      - (I) where the further successor person is, apart from this subsection, required to deliver a statement on the due date in accordance with subsection (2), increase the assessable amount in that statement by the assessable amount in relation to the relevant person, and
  
      - (II) in any other case, deliver a statement on the due date in accordance with subsection (2) as if the further successor person were the relevant person,
  
        and so on for further successions.
  

• (6) There shall be charged on any statement delivered in accordance with subsection (2) a stamp duty of an amount equal to 35 per cent of the assessable amount.

• (7) The stamp duty charged by subsection (6) upon a statement delivered by a relevant person in accordance with subsection (2) shall be paid by that person upon delivery of the statement.

• (8) There shall be furnished to the Commissioners by a relevant person such particulars as the Commissioners may require in relation to any statement required by this section to be delivered by the person.

• (9) In the case of failure by a relevant person—

  • (a) to deliver any statement required to be delivered by that person under subsection (2), or

  • (b) to pay the stamp duty chargeable on any such statement,

  on or before the due date in respect of the year concerned, the person shall, from the due date concerned until the day on which the stamp duty is paid, be liable to pay, in addition to the stamp duty, interest on the stamp duty, calculated in accordance with section 159D and also from 20 October of the year in which the statement is to be delivered in accordance with subsection (2), by way of penalty, a sum of €380 for each day the stamp duty remains unpaid.

• (10) The delivery of any statement required by subsection (2) may be enforced by the Commissioners under section 47 of the Succession Duty Act 1853, in all respects as if such statement were such account as is mentioned in that section and the failure to deliver such statement were such default as is mentioned in that section.

• (11) The stamp duty, interest on the stamp duty and any penalty due under subsection (9) charged by this section shall not be allowed as a deduction for the purposes of the computation of any tax or duty payable by the relevant person which is under the care and management of the Commissioners.”.

PART 5 Miscellaneous

73. Interpretation (Part 5)

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

74. Chargeable persons: self-assessments

74. Chapter 4 of Part 41A of the Principal Act is amended—

• (a) in section 959R(5) (a) by substituting “such indicative tax calculation as may be provided by the electronic system” for “an indicative tax calculation provided by the electronic system”,

• (b) in section 959S by inserting the following after subsection (3):

• “(4) Where the chargeable person is assessed to tax under section 1023 or 1031H, and his or her spouse or civil partner, as the case may be, is also a chargeable person, then, in relation to the return concerned, no self assessment shall be made under subsection (2) until such time as the spouse or civil partner, as the case may be, has delivered his or her return for the year of assessment.”,

and

• (c) in section 959V—

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

• “(2A) A return and self assessment may be amended under this section only where such an amendment—

  • (a) arises from an allowance, credit, deduction or relief due under the Acts,

  • (b) is necessary to correct either an error or a mistake, or

  • (c) is necessary to comply with any other provision of the Acts,

  and notice of an amendment under this section shall specify which of paragraphs (a), (b) and (c) applies.”,

and

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

• “(c) This subsection shall not apply to an amendment to a return or self assessment in so far as it relates to capital gains tax.”.

75. Repayment of tax

75. (1) Section 865 of the Principal Act is amended—

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

• “(2A) Where a chargeable person (within the meaning of Part 41A) makes a claim under subsection (2) for repayment of tax which, but for an error or mistake referred to in that subsection, would not have been due it shall not constitute a valid claim for the purposes of subsection (3) unless the return and self assessment for the period to which the claim relates is amended, in accordance with section 959V, to correct the error or mistake.

• (2B) Where a chargeable person (within the meaning of section 950) makes a claim under subsection (2) for repayment of tax which, but for an error or mistake referred to in that subsection, would not have been due and the claim relates to an accounting period which commenced before 1 January 2013 or to a year of assessment before the year of assessment 2013 it shall not constitute a valid claim for the purposes of subsection (3) unless the person’s return for the accounting period or year of assessment, as the case may be, to which the claim relates is amended in accordance with section 959V to correct the error or mistake, and for this purpose section 959V shall apply to such an amendment as if—

  • (a) subsections (2) and (4) of that section were deleted,

  • (b) references in that section to ‘return and a self assessment’, ‘return and the self assessment’ and ‘return or self assessment’ were references to ‘return’, and

  • (c) references in that section to section 959Z were references to section 956.”,

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

• “(3) A repayment of tax shall not be due under subsection (2) unless a valid claim has been made to the Revenue Commissioners for that purpose.”,

• (c) in subsection (3A) by substituting “Part 41A” for “section 950” in paragraph (a), and

• (d) by inserting the following subsection after subsection (8):

• “(9) Nothing in this section shall prevent the Revenue Commissioners from examining a claim subsequent to any repayment having been made and—

  • (a) making or amending an assessment, as the case may be, under—

    • (i) Chapter 5 of Part 41A,

    • (ii) section 954 or 955, as appropriate, where the claim relates to an accounting period which commenced before 1 January 2013 or to a year of assessment before the year of assessment 2013, or

    • (iii) section 960Q,

    or

  • (b) making a determination under section 960Q, in the case of persons who are not chargeable persons.”.

• (2) Subsection (1)(c) applies—

• (a) in the case of a chargeable period (within the meaning of section 321(2) of the Principal Act) which is an accounting period of a company, as respects chargeable periods beginning on or after 1 January 2013, and

• (b) in a case other than that referred to in paragraph (a), as respects the year of assessment 2013 and subsequent years of assessment.

• (3) Subsection (1)(c) does not affect the application of section 865(3A) of the Principal Act, which is amended by subsection (1)(c), as respects chargeable periods (within the said meaning) prior to those referred to in subsection (2).

76. Amendment of section 887 of Principal Act (use of electronic data processing)

76. Section 887 of the Principal Act is amended in subsection (2) by inserting “generated,” after “a record may be”.

77. Magdalen laundry payments

77. (1) The Principal Act is amended—

• (a) by inserting the following section after section 205:

“Magdalen Laundry Payments

205A. (1) In this section—

‘relevant individual’ means an individual to whom a relevant payment has been made;

‘relevant payment’ means a payment or payments made, directly or indirectly, to a relevant individual by or on behalf of the Minister for Justice, Equality and Defence, in accordance with the Table of Payments set out in Appendix A to the Magdalen Commission Report dated May 2013 on the establishment of an ex gratia scheme and related matters for the benefit of those women who were admitted to and worked in the Magdalen Laundries.

• (2) This section applies to the following payments:

  • (a) a relevant payment;

  • (b) an amount equal to the State Pension (Contributory) as set out in column 2 of Part 1 of Schedule 2 of the Social Welfare Consolidation Act 2005 to a relevant individual;

  • (c) an amount equal to the State Pension (Non-Contributory) as set out in Part 3 of the Social Welfare Consolidation Act 2005 to a relevant individual;

  • (d) any payment, other than a payment referred to in paragraphs (a) to (c), made, directly or indirectly, by or on behalf of the Minister for Social Protection to a relevant individual, by virtue of that individual being a relevant individual.

• (3) For the purposes of the Income Tax Acts, and notwithstanding any provision of those Acts to the contrary, a payment to which this section applies, made to a relevant individual, shall be disregarded.”,

and

• (b) in section 613(1)—

• (i) in paragraph (c) by substituting “profession;” for “profession.”, and

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

• “(d) any payment to which section 205A applies.”.

• (2) Section 82 of the Capital Acquisitions Tax Consolidation Act 2003 is amended in subsection (1) by inserting the following paragraph after paragraph (b):

• “(ba) any payment to which section 205A of the Taxes Consolidation Act 1997 applies;”.

• (3) This section shall apply to payments to which section 205A (inserted by subsection (1)) of the Principal Act applies made on or after 1 August 2013.

78. Mitigation and application of fines and penalties

78. (1) The following provisions are repealed:

• (a) section 35 of the Inland Revenue Regulation Act 1890;

• (b) section 209 of the Customs Consolidation Act 1876;

• (c) section 118 of the Value-Added Tax Consolidation Act 2010.

• (2) The Finance Act 2001 is amended by substituting the following section for section 130:

“130. A trial judge may in his or her discretion mitigate any fine or penalty incurred for any offence under or by virtue of excise law, provided that the amount so mitigated is not greater than 50 per cent of the amount of the fine or penalty.”.

• (3) Section 58 of the Capital Acquisitions Tax Consolidation Act 2003 is amended in subsection (9)(a) by deleting “1065,”.

• (4) Section 133 of the Stamp Duties Consolidation Act 1999 is amended by deleting “1065,”.

• (5) Section 1065 of the Principal Act is amended:

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

• “(1) The Revenue Commissioners may in their discretion—

  • (a) mitigate any penalty, and may also, after judgment, further mitigate any such penalty imposed under the Acts,

  • (b) stay or compound any proceedings for the recovery of any fine or penalty imposed under the Acts.”,

• (b) in subsection (2)(a) by deleting “fine or” in each place, and

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

• “(4) In this section ‘the Acts’ has the same meaning as in section 1077A(1).”.

79. Electronic transmission of certain Revenue returns

79. Section 917D of the Principal Act is amended in subsection (1)—

• (a) in the definition of “the Acts” by inserting the following after paragraph (a):

• “(aa) the Customs Acts,”,

and

• (b) in the definition of “tax” by inserting “customs duty,” before “excise duty”.

80. Amendment of section 960R of Principal Act (power of Collector-General to require certain persons to provide return of property)

80. Section 960R of the Principal Act is amended—

• (a) in subsection (1) by inserting the following definition:

“ ‘market value’, in relation to property, means the price which that property might reasonably be expected to fetch if sold in the open market;”,

• (b) in subsection (3) by substituting “ within 30 days of the giving of the notice a statement of affairs” for “within such time specified in the notice or within such period as the Collector-General may allow a statement of affairs”,

• (c) in subsection (5)—

• (i) in paragraph (a) by inserting “and a statement of all the person’s income and outgoings in respect of such period or periods as may be specified in the notice” after “is liable on the specified date”,

• (ii) in paragraph (b) by inserting “and a statement of all the income and outgoings of the second-mentioned person in respect of such period or periods as may be specified in the notice” after “the specified date”,

• (iii) in paragraph (c) by inserting “and a statement of all the income and outgoings of the trust in respect of such period or periods as may be specified in the notice” after “the specified date”, and

• (iv) in paragraph (d) by inserting “and a statement of all the person’s income and outgoings in respect of such period or periods as may be specified in the notice” after “is liable on the specified date”,

• (d) in subsection (7) by substituting the following for paragraph (e):

• “(e) its market value and details of any charges or encumbrances on that asset, and”,

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

• “(7A) A statement of affairs delivered under this section shall contain in respect of each liability and each item of income or outgoings such information as the Collector-General may specify in the prescribed form.”,

• (f) in subsection (9) by inserting “statutory” before “declaration”, and

• (g) by deleting subsection (10).

81. Amendment of section 851A of Principal Act (confidentiality of taxpayer information)

81. Section 851A of the Principal Act is amended—

• (a) in subsection (1)—

• (i) by inserting the following definition:

“ ‘service provider’ means any person engaged or formerly engaged by or on behalf of the Revenue Commissioners, or any person employed by such person, for the purposes of carrying out work relating to the administration of any taxes or duties under the care and management of the Revenue Commissioners by virtue of the Acts;”,

and

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

“ ‘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 or service provider for the purposes of the Acts,

• (b) obtained by a Revenue officer or service provider purportedly for the purposes of the Acts, or

• (c) 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;”,

• (b) in subsection (2) by substituting “Revenue Commissioners, a Revenue officer or a service provider” for “Revenue Commissioners or a Revenue officer”,

• (c) in subsection (3) by substituting “Revenue officer, service provider” for “Revenue officer”,

• (d) in subsection (4) by substituting “Revenue officer or service provider” for “Revenue officer”,

• (e) in subsection (8) by substituting the following for paragraph (k):

• “(k) taxpayer information may be disclosed to a service provider for the purpose for which the service provider is engaged and that information shall not be used by that service provider for any other purpose.”,

and

• (f) in subsection (9) by substituting “Revenue Commissioner, Revenue officer or service provider” for “Revenue Commissioner or Revenue officer” where it first occurs.

82. Amendment of section 1002 of Principal Act (deduction from payments due to defaulters of amounts due in relation to tax)

82. Section 1002 of the Principal Act is amended in subsection (1) by inserting the following paragraph after paragraph (e):

• “(f) A notice of attachment, notice of revocation and any other notice provided for by this section (including the obligation to notify a taxpayer or relevant person in accordance with paragraph (b) of subsection (12) but not including the notice referred to in paragraph (a) of that subsection) may be given to a taxpayer or to a relevant person, as the case may be, by electronic means (within the meaning of section 917EA).”.

83. Amendment of Schedule 24A to Principal Act (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)

83. Schedule 24A to the Principal Act is amended—

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

“41AA. The Double Taxation Relief (Taxes on Income and Capital Gains) (Ukraine) Order 2013 (S.I. No. 397 of 2013).”,

and

• (b) in Part 3—

• (i) by inserting the following after paragraph 3A:

“3B. The Exchange of Information Relating to Taxes and Tax Matters (Dominica) Order 2013 (S.I. No. 398 of 2013).”,

and

• (ii) by inserting the following after paragraph 8A:

“8AA. The Exchange of Information Relating to Tax Matters (Montserrat) Order 2013 (S.I. No. 82 of 2013).”.

84. Miscellaneous technical amendments in relation to tax

84. The enactments specified in the Schedule—

• (a) are amended to the extent and in the manner specified in paragraphs 1 to 4 of the Schedule, and

• (b) apply and come into operation in accordance with paragraph 5 of the Schedule.

85. Capital Services Redemption Account

85. (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;

“sixty-first additional annuity” means the sum charged to the Central Fund under subsection (2);

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

• (2) A sum of €85,282,431 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 2014.

• (3) The sixty-first 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.

• (4) Any amount of the sixty-first additional annuity, not exceeding €65,550,000 in any financial year, may be applied toward defraying the interest on the public debt.

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

86. Care and management of taxes and duties

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

87. Short title, construction and commencement

87. (1) This Act may be cited as the Finance (No. 2) Act 2013.

• (2) Part 1 shall be construed together with—

• (a) in so far as it relates to income tax, 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, in so far as it relates to duties of excise, shall be construed together with the statutes which relate to those duties and to the management of those duties.

• (4) Part 3 shall be construed together with 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 in so far as it relates to—

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

• (b) universal social charge, shall be construed together with Part 18D of the Taxes Consolidation Act 1997,

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

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

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

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

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

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

• (7) Except where otherwise expressly provided for in Part 1, that Part shall come into operation on 1 January 2014.