Legalize / Ireland / Act

Finance Act 2013

Type Act

Publication 2013-03-27

State In force

Source Irish Statute Book

articles 108

Reform history JSON API

(i) the name and address of the person,

(ii) the amount of the relevant profits to which the person is entitled, and

(iii) such other information as the Revenue Commissioners may require.

(4) Notwithstanding Chapter 4 of Part 8, that Chapter shall apply to a deposit (within the meaning of that Chapter) to which an investment limited partnership is for the time being entitled as if such deposit were not a relevant deposit within the meaning of that Chapter.”,

(f) in section 891C(1)(a) by substituting “section 739I or an investment limited partnership within the meaning of section 739J” for “section 739I”, and

(g) in Schedule 2B, by inserting the following paragraph after paragraph 4:

“4A. The declaration referred to in section 739D(6)(cc) is a declaration in writing to the investment undertaking which—

(a) is made by the person (in this paragraph referred to as the ‘declarer’) who holds the units in respect of which the declaration is made,

(b) is signed by the declarer,

(d) declares that, at the time the declaration is made, the holder of the units is a general partner acting on behalf of the investment limited partnership,

(e) contains the name and tax reference number of the investment limited partnership, and

(f) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1A of Part 27.”.

(2) This section shall apply in respect of an investment limited partnership that has been granted an authorisation under section 8 of the Investment Limited Partnerships Act 1994 on or after 13 February 2013.

Chapter 6 Capital Gains Tax

43. Capital gains: rate of charge.

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

(a) in section 28(3) by substituting “33 per cent” for “30 per cent”, and

(b) in section 649A(1) by substituting the following for paragraph (b):

“(b) in the case of a relevant disposal made on or after 6 December 2012, 33 per cent.”.

(2) This section applies to disposals made on or after 6 December 2012.

44. Amendment of references to “Irish currency” in certain provisions of Principal Act.

44.— The Principal Act is amended by substituting “the currency of the State” for “Irish currency” in each place in the following provisions:

(a) section 532(b);

(b) subsections (1)(a) and (6) of section 541;

45. Amendment of section 29 (chargeable persons) of Principal Act.

45.— Section 29 of the Principal Act is amended by inserting the following after subsection (5):

“(5A) (a) This subsection shall apply where an individual referred to in subsection (4) transfers, outside the State, any chargeable gains referred to in that subsection to his or her spouse or civil partner.

(b) Where this subsection applies, any amounts received in the State on or after 13 February 2013 which derive from the transfer of chargeable gains referred to in paragraph (a) shall be treated, for the purpose of subsection (4), as if they had been received in the State by the individual referred to in that subsection.”.

46. Amendment of section 541C (tax treatment of certain venture fund managers) of Principal Act.

46.— Section 541C of the Principal Act is amended—

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

“(1) In this section—

‘carried interest’, in relation to a qualifying venture capital fund, means the share of profits (where the share ratio was agreed at the commencement of the qualifying venture capital fund) referred to in paragraph (b) of the definition of ‘total profits’ that are received by a company, partnership or individual in respect of the management of the qualifying venture capital fund;

‘carried interest to which this section applies’, in relation to a qualifying venture capital fund, means an amount of carried interest which is not greater than 20 per cent of the total profits of a qualifying venture capital fund and which is a proportion of carried interest derived from the relevant investment;

‘EEA Agreement’ means the Agreement on the European Economic Area signed in Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

‘EEA State’ means a state which is a contracting party to the EEA Agreement;

‘innovation activities’ means development of new technological, telecommunication, scientific or business processes;

‘investor’, in relation to a relevant investment, means a person other than a person entitled to carried interest or a person connected with that person;

‘proportion of carried interest derived from the relevant investment’ means an amount of carried interest determined by the formula—

A x B

where—

A is carried interest,

B is the value of all relevant investments in an EEA State (including the State) of the qualifying venture capital fund, and

C is the value of all relevant investments of the qualifying venture capital fund;

‘qualifying venture capital fund’ means an entity structured in the form of a partnership the main purpose of which is to make relevant investments and where the individuals, companies or partnerships which invest in the partnership are either limited partners or general partners (as defined in the partnership agreement) who are obliged under a legally binding agreement to provide capital sums for investment purposes over a period of time;

‘relevant investment’ means any investment made in unquoted shares or securities of a private trading company on or after 1 January 2009, where the qualifying venture capital fund retains the shares or securities in the company for a period of at least 3 years from the date of the initial investment and that company is—

(a) carrying on a business of research and development activities or innovation activities, and

(b) not carrying on an excepted trade within the meaning of section 21A;

‘research and development activities’ has the same meaning as in section 766(1);

‘total profits’, in relation to a qualifying venture capital fund, means the sum of—

(a) the profits which are attributable to investors in the fund by reference to an agreed initial rate of return, and

(b) the balance of the profits of the fund over and above those calculated by reference to the agreed initial rate of return.”,

and

(b) in subsection (2)(a) by inserting “an individual or” before “a partnership”.

47. Amendment of section 599 (disposals within family of business or farm) of Principal Act.

47.— Section 599 of the Principal Act is amended—

(a) in subsection (1)(a) by substituting “subparagraph” for “paragraph” in subparagraph (iii),

(b) in subsection (1)(b) by inserting the following after subparagraph (ii):

“(iia) where an individual who has attained the age of 66 years disposes of the whole or part of his or her qualifying assets to his or her child on or after 1 January 2014 and the market value of the qualifying assets is €3,000,000 or less, relief shall be given in respect of the capital gains tax chargeable on any gain accruing on the disposal;”,

“(c) For the purposes of paragraph (b), the capital gains tax chargeable in respect of the gain shall be the amount of tax which would not have been chargeable but for that gain, but nothing in that paragraph shall affect the computation of gains accruing on the disposal of assets other than qualifying assets by an individual who makes a disposal to which that paragraph applies.”,

and

(d) by substituting the following for subsection (2):

“(2) The consideration on the disposal of qualifying assets by the individual referred to in subparagraph (iii) of subsection (1)(b) on or after 1 January 2014 shall be aggregated for the purposes of that subparagraph.”.

48. Relief for farm restructuring.

48.— (1) The Principal Act is amended by inserting the following section after section 604A:

“604B.— (1) (a) In this section—

‘agricultural land’ means land used for the purposes of farming and such farm buildings together with the land occupied with such farm buildings as are of a character appropriate to such land but not including farm houses or mansion houses or the land occupied with such farm houses and mansion houses unless such farm houses or mansion houses are derelict and unfit for human habitation;

‘exchange of farm land’ means an exchange under which an interest in agricultural land is conveyed or transferred by a farmer to another farmer in exchange for receiving, by way of conveyance or transfer, an interest in agricultural land from that other farmer and includes an exchange where the agricultural land is conveyed or transferred by or to joint owners where all the joint owners (other than the spouse or civil partner of a joint owner) are farmers; and the date of the exchange shall be the date on which the conveyance or transfer is executed;

‘farm restructuring certificate’ means a certificate issued for the purposes of this section by Teagasc to a farmer in relation to a sale and purchase or an exchange of qualifying land where—

(i) the first sale or purchase of qualifying land occurs in the relevant period and the subsequent sale or purchase of that land occurs within the period of 24 months commencing on or after the date of the first sale or purchase of such land, or

(ii) the exchange occurs in the relevant period,

and which identifies the land concerned, the owner or owners of such land and certifies that Teagasc is satisfied, on the basis of information available to Teagasc at the time of so certifying, that the sale and purchase or the exchange of qualifying land complies, or will comply, with the conditions relating to farm restructuring set down in the guidelines;

‘farmer’ means an individual who spends not less than 50 per cent of that individual’s normal working time farming;

‘guidelines’ means guidelines made and published pursuant to paragraph (b)(i);

‘interest in qualifying land’ means an interest in qualifying land which is not subject to any power on the exercise of which the qualifying land, or any part of any interest in the qualifying land, may be revested in the person from whom it was purchased or exchanged or in any person on behalf of such person;

‘purchase of qualifying land’ means a conveyance or transfer of an interest in qualifying land to a farmer and includes a conveyance or transfer where the qualifying land is conveyed or transferred to joint owners where all the joint owners (other than the spouse or civil partner of a joint owner) are farmers; and the date of purchase of qualifying land shall be the date on which the conveyance or transfer is executed;

‘qualifying land’ means agricultural land in respect of which a farm restructuring certificate has been issued by Teagasc and that certificate has not been withdrawn;

‘relevant period’ means the period commencing on 1 January 2013 and ending on 31 December 2015;

‘sale of qualifying land’ means a conveyance or transfer of an interest in qualifying land by a farmer and includes a conveyance or transfer where the qualifying land is conveyed or transferred by joint owners where all the joint owners (other than the spouse or civil partner of a joint owner) are farmers; and the date of the sale of qualifying land shall be the date on which the conveyance or transfer is executed;

‘Teagasc’ means Teagasc — the Agricultural and Food Development Authority.

(b) For the purposes of this section—

(i) the Minister for Agriculture, Food and the Marine with the consent of the Minister for Finance may make and publish guidelines, from time to time, setting out—

(I) how an application for a farm restructuring certificate, in relation to a sale and purchase, or exchange, of agricultural land, is to be made,

(II) the documentation required to accompany such an application,

(III) the conditions relating to farm restructuring, and

(IV) such other information as may be required in relation to such application,

(ii) where an application is made in that regard, Teagasc shall issue a farm restructuring certificate in respect of a sale and purchase, or an exchange, of agricultural land, where they are satisfied, on the basis of the information available to Teagasc at that time, that the sale and purchase or exchange of such land complies, or will comply, with the conditions relating to farm restructuring, and

(iii) Teagasc may, by notice in writing, withdraw any farm restructuring certificate already issued.

(2) A gain shall not be a chargeable gain on a sale or exchange of qualifying land by an individual or individuals where the consideration for the qualifying land that is purchased or the other qualifying land that is exchanged is equal to or exceeds the consideration for the qualifying land that is sold or exchanged by the individual or individuals concerned.

(3) Where the consideration for the qualifying land that is purchased or exchanged by an individual or individuals is less than the consideration for the qualifying land that is sold or the other qualifying land that is exchanged by the individual or individuals concerned, the chargeable gain that accrues in respect of the sale or exchange of the qualifying land shall be reduced in the same proportion that the consideration for the qualifying land that is purchased or exchanged bears to the consideration for the qualifying land that is sold or the other qualifying land that is exchanged.

(4) Where qualifying land in respect of which relief has been given under subsection (2) or (3) is disposed of within the period of 5 years from the date of the purchase or exchange of that qualifying land, capital gains tax shall be charged on the individual or individuals concerned as if the relief in those provisions had not applied.

(5) Subsection (4) shall not apply where the disposal arises as a consequence of a compulsory acquisition.

(6) Relief under subsection (2) or (3) shall be by means of discharge or repayment of tax or otherwise.”.

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

PART 2 Excise

49. Rates of tobacco products tax.

49.— The Finance Act 2005 is amended with effect as on and from 6 December 2012 by substituting the following for Schedule 2 to that Act (as amended by section 69 of the Finance Act 2012):

“SCHEDULE 2

(With effect as on and from 6 December 2012)

Description of Product	Rate of Tax
Cigarettes	Rate of tax at— (a) except where paragraph (b) applies, €237.69 per thousand together with an amount equal to 8.83 per cent of the price at which the cigarettes are sold by retail, or (b) €271.91 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 €275.342 per kilogram.
Fine-cut tobacco for the rolling of cigarettes	Rate of tax at €248.608 per kilogram.
Other smoking tobacco	Rate of tax at €191.022 per kilogram.

”.

50. Amendment of Chapter 1 (mineral oil tax) of Part 2 of Finance Act 1999.

50.— (1) Chapter 1 of Part 2 of the Finance Act 1999 is amended—

(a) in section 97 by inserting the following after subsection (3):

“(4) For the purposes of this section, the application of a rate lower than the appropriate standard rate includes the application of a full or partial relief from mineral oil tax under any provision of excise law.”,

(b) in section 101 by substituting the following for subsection (13):

“(13) The Commissioners may compile a list of persons who hold an auto-fuel trader’s licence or a marked fuel trader’s licence, and of the premises or places in respect of which those licences are in force, and notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to them, the Commissioners may, by electronic means or otherwise, make available to the public—

(a) those lists, and

(b) in a case where any such licence has been revoked, the name of the person who held the licence, the details of the premises or place concerned and the date of revocation of the licence.”,

“Return of oil movements.

101B.— (1) A mineral oil trader who—

(a) is required, under section 101, to hold an auto-fuel trader’s licence or a marked fuel trader’s licence, or

(b) produces, sells or deals in, keeps for sale or delivery, or delivers liquefied petroleum gas, or heavy oil for use for air navigation,

shall furnish to an officer, in such form as the Commissioners may require, a return (in this section referred to as a ‘return of oil movements’) of the mineral oil sold, dealt in, kept for sale or delivery, supplied or delivered by that mineral oil trader during a month or such other period as the Commissioners may prescribe or otherwise require.

(2) A return of oil movements shall be made by such electronic means as the Commissioners may require and, without prejudice to the generality of section 917E of the Taxes Consolidation Act 1997, the relevant provisions of Chapter 6 of Part 38 of that Act shall apply to any such return.”,

and

(d) in section 102(1) by deleting paragraph (c).

(2) Subsection (1)(c) comes into operation on such date as the Minister may appoint by order.

51. Relief for qualifying road transport operators.

51.— Chapter 1 of Part 2 of the Finance Act 1999 is amended by inserting the following before section 100:

“Relief for qualifying road transport operators.

99A.— (1) In this section—

‘competent authority’ in relation to another Member State, means the authority that has responsibility in that Member State for the administration of excise duties on mineral oil;

‘fuel card’ means a card or other electronic means, issued by a fuel card provider, for the primary purpose of purchasing petrol or gas oil;

‘fuel card provider’ means a company or other entity, or any association of such companies or entities, which provides fuel cards to persons, subject to an agreement with such persons;

‘gas oil’ means gas oil on which mineral oil tax at the standard rate (within the meaning of section 97(2)) has been paid;

‘qualifying motor vehicle’ means—

(a) a motor vehicle designed and constructed solely for the carriage of goods by road, and with a maximum permissible gross laden weight of not less than 7.5 tonnes, or

(b) a motor vehicle designed and constructed for the carriage of passengers by road, and within the definition of a category M2 or M3 vehicle in Annex II of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 [^3];

‘qualifying road transport operator’, as the case requires, means—

(a) a person who holds a national road haulage operator’s licence or an international road haulage operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006,

(b) a person, other than a person referred to in paragraph (a), who holds a Community licence within the meaning of Regulation (EC) No. 1072/2009 of the European Parliament and of the Council of 21 October 2009 [^4],

(c) a person who holds a national road passenger transport operator’s licence or an international road passenger transport operator’s licence granted under section 2 of the Road Traffic and Transport Act 2006, or

(d) a person, other than a person referred to in paragraph (c), who holds a Community licence within the meaning of Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009 [^5];

‘repayment period’ means a period prescribed for the purposes of this section.

(2) Where it is shown to the satisfaction of the Commissioners that gas oil has been purchased during a repayment period by a qualifying road transport operator for use by that qualifying road transport operator in the course of business—

(a) as a propellant for a qualifying motor vehicle, and

(b) for the lawful carriage of persons or goods,

the Commissioners shall, subject to this section and to such conditions as the Commissioners may prescribe or otherwise impose, repay to that qualifying road transport operator a proportion of the tax paid on that gas oil, calculated in accordance with subsection (3).

(3) Subject to a maximum repayment rate of €75.00 per 1,000 litres, the amount to be repaid per 1,000 litres of gas oil under subsection (2) is determined by the formula—

A = (P — 1,000) x 0.3

where—

A is the amount to be repaid per 1,000 litres, and

P is an estimate of the average price (exclusive of value-added tax) in euro per 1,000 litres of gas oil purchased by qualifying road transport operators during the repayment period, as determined in accordance with subsection (4).

(4) For the purposes of subsection (3) the estimate of the average price per 1,000 litres of gas oil for a repayment period shall be determined in accordance with data provided by the Central Statistics Office.

(5) A repayment shall not be made where—

(a) the qualifying road transport operator has obligations imposed by the Acts (within the meaning of section 1095(1) of the Taxes Consolidation Act 1997) and does not hold a current tax clearance certificate issued under that section,

(b) the qualifying road transport operator has obligations under section 101 or Parts 5 and 6 of the Mineral Oil Tax Regulations 2012 (S.I. No. 231 of 2012) and has not, during the repayment period concerned, complied with those obligations, or

(c) the qualifying road transport operator is established in another Member State and has, in that Member State, any obligations comparable to those mentioned in paragraphs (a) and (b), and does not, at such time and in such form as the Commissioners may prescribe or otherwise require, furnish to the Commissioners a statement from the competent authority of that Member State that the qualifying road transport operator has complied in full with those obligations.

(6) (a) Gas oil, in respect of which a repayment under subsection (2) has been made, may only be used—

(i) by a person other than a qualifying road transport operator,

(ii) for a vehicle other than a qualifying motor vehicle, or

(iii) for a purpose other than the carriage of passengers or goods in the course of business,

where the amount so repaid has, before any such use, been returned to the Commissioners together with any interest payable under section 103(3) of the Finance Act 2001.

(b) Where any gas oil is subject to the requirements of paragraph (a), and where those requirements have not been complied with, that gas oil is for the purposes of this Chapter mineral oil on which the appropriate standard rate has not been paid.

(7) (a) Claims for repayment under subsection (2) shall be made in such form as the Commissioners may from time to time direct and shall be in respect of mineral oil purchased during a repayment period exclusively for use in qualifying motor vehicles.

(b) Except where the Commissioners may in any particular case allow, a repayment claim shall be made within 4 months following the end of the repayment period concerned.

(c) From such date as the Commissioners may appoint by order, claims for repayment under subsection (2) shall be made by such electronic means as the Commissioners may require and, without prejudice to the generality of section 917E of the Taxes Consolidation Act 1997, the relevant provisions of Chapter 6 of Part 38 of that Act shall apply to any such return.

(8) Without prejudice to the generality of section 104 and to any other conditions that may be prescribed, regulations under that section may, for the purposes of this section provide for—

(a) the registration of qualifying road transport operators with the Commissioners, and the information to be furnished by such operators for that purpose,

(b) the means by which payment is to be made for the gas oil concerned, including a requirement for payment by means of a fuel card approved by the Commissioners for that purpose,

(d) the information to be furnished to the Commissioners by a fuel card provider in relation to gas oil purchased by qualifying road transport operators.

(9) This section comes into operation on 1 July 2013.”.

52. Amendment of Chapter 1 (interpretation, liability and payment) of Part 2 of Finance Act 2001.

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

(a) in section 105B(1) by substituting “Subject to subsections (2), (3) and (4) and to section 105BA” for “Subject to subsections (2) and (3)”, and

(b) by inserting the following section after section 105B:

“Unjust enrichment.

105BA.— (1) In this section—

‘claimant’ means a person who submits a claim for repayment under section 105B(1);

‘overpaid amount’ means an amount which is subject to repayment under section 105B(1).

(2) Where the Commissioners, in accordance with subsection (3), determine that the repayment of an overpaid amount, or any part of that amount, would result in the unjust enrichment of the claimant, they shall not repay that amount or part thereof.

(3) For the purposes of determining whether a repayment referred to in subsection (2) would result in the unjust enrichment of the claimant, the Commissioners shall, in relation to the overpaid amount concerned, have regard to—

(a) the extent to which the cost of that overpaid amount was, for practical purposes, passed on by that claimant to any other person or persons in the price charged for the excisable products, vehicles or other goods or services concerned,

(b) any net loss of profits which, based on their own analysis and on any information that may be provided by that claimant, they have reason to believe to have been borne by the claimant as a result, and

(4) The Commissioners may request from the claimant any information relating to the circumstances of the overpaid amount and claim for repayment under section 105B(1) as is reasonable in the circumstances and which may assist them in making a determination under subsection (2).

(5) Notwithstanding the generality of subsection (2) where, having regard to subsection (3)(a), a repayment of an overpaid amount has, in whole or in part, been refused because of the extent to which the cost of the overpaid amount has been passed on to another person or other persons and—

(a) the claimant undertakes to pay to such person or persons an amount equivalent to the amount so passed on, and

(b) the Commissioners are satisfied that the claimant has adequate arrangements in place to identify and pay such person or persons,

the Commissioners shall, subject to subsection (6), repay to the claimant an amount equivalent to the amount that the claimant has so undertaken to pay.

(6) Where the claimant who has received a repayment of an overpaid amount under subsection (5) fails, by the 30th day next following the date on which the repayment was made, to pay the person or persons concerned as undertaken under subsection (5)(a), then the amount so repaid is, from that date, deemed not to be properly refundable and shall be returned to the Commissioners together with any interest due under section 103(3).”.

53. Amendment of section 109B (interpretation (Chapter 2A)) of Finance Act 2001.

53.— Section 109B of the Finance Act 2001 is amended—

(a) by substituting the following for the definition of “place of direct delivery”:

“ ‘place of direct delivery’ means a place appointed by a designated consignee as the place of delivery for a consignment, other than—

(a) where the designated consignee is an authorised warehousekeeper, a tax warehouse approved in relation to that authorised warehouse- keeper under section 109 and entered as such on the SEED register, or

(b) where the designated consignee is a registered consignee, the address of that registered consignee as entered on the SEED register;”,

and

(b) by inserting the following definition:

“ ‘SEED register’ means the register of economic operators and of premises authorised as tax warehouses that is required to be maintained by the Commissioners under Article 19 of Council Regulation (EU) No. 389/2012 of 2 May 2012 [^6];”.

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

54.— Chapter 4 of Part 2 of the Finance Act 2001 is amended—

(a) in section 135(1)(d)(ii) by substituting “any excisable products in or on, or in any manner attached to, the vehicle” for “any products being so transported”, and

(b) by substituting the following for section 136A:

“136A.— Where an officer has reason to believe that a person entering the State may, in relation to excisable products in the baggage of the person or otherwise transported by that person, be committing an offence under section 119 or 121, the officer, on production of the authorisation of that officer if so required by that person, may—

(a) require that person to stop, and to give to that officer—

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

(ii) any information in relation to such excisable products or baggage, and

(iii) such excisable products for examination,

and

(b) examine any such baggage and excisable products.”.

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

55.— Chapter 5 of Part 2 of the Finance Act 2001 is amended by substituting the following for section 144A:

“144A.— (1) Subject to subsections (2) and (3), any power, function or duty conferred or imposed on the Commissioners by any provision of excise law may, subject to the direction and control of the Commissioners, be exercised or performed on their behalf by an officer.

(2) Any power, function or duty conferred or imposed on the Commissioners in relation to—

(a) tax warehousing under section 108A,

(b) the authorisation of a warehousekeeper and the approval of a tax warehouse under section 109,

(d) the registration of a registered consignee under subsections (3) and (4) of section 109J,

(e) the approval of a tax representative under section 109U(2), and

(f) vehicle registration tax and the registration of vehicles under—

(i) paragraph (c) of section 131(1),

(ii) paragraphs (c) and (d) of section 133(1), or

(iii) subsections (2) and (3) of section 136,

of the Finance Act 1992,

may be exercised or performed on their behalf, and subject to their direction and control, by an officer authorised by them in writing for that purpose.

(3) Subsections (1) and (2) shall not apply to any power of the Commissioners to make regulations under any provision of excise law.”.

56. Amendment of Chapter 3 (tobacco products tax) of Part 2 of Finance Act 2005.

56.— Chapter 3 of Part 2 of the Finance Act 2005 is amended—

(a) in section 71(1) by inserting the following definitions:

“ ‘illicit tobacco product’ means any tobacco product that has, contrary to the requirements of section 108A of the Finance Act 2001, been produced or processed in the State otherwise than in a tax warehouse;

‘prohibited goods’ means any machinery, apparatus, equipment, vessel, materials, substance or other thing which is being used, or was used, or is intended to be used, in the production or processing of any illicit tobacco product;

‘unmanufactured tobacco’ means any thing that falls to be classified as such under the combined nomenclature of the European Communities referred to in Article 1 of Council Regulation (EEC) No. 2658/87 of 23 July 1987 [^7];”,

(b) in section 78(3) by inserting “sell or deliver,” after “keep for sale or delivery,”, and

“Illicit manufacture of tobacco products.

78A.— (1) It is an offence under this subsection—

(a) to produce or process any illicit tobacco product or to attempt such production or processing, or to be concerned with any such production, processing, attempted production or attempted processing,

(b) to knowingly deal in any illicit tobacco product,

(d) to deliver, or to be in the process of delivering, any illicit tobacco product or prohibited goods.

(2) Without prejudice to any other penalty to which a person may be liable, a person convicted of an offence under this section is liable—

(a) on summary conviction, to a fine of €5,000 or, at the discretion of the Court, to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to a fine not exceeding €126,970 or, at the discretion of the Court, to imprisonment for a term not exceeding 5 years, or to both.

(3) Any tobacco products, materials or prohibited goods in respect of which an offence has been committed under subsection (1) are liable to forfeiture, and where any such products, materials or goods are found in or on a vehicle, or in any manner attached to a vehicle, that vehicle is also liable to forfeiture.

(4) (a) In the case of proceedings for an offence under subsection (1)(c), taken against a person who is the owner or the occupier for the time being of premises or other land on which prohibited goods are found, it shall be presumed until the contrary is proved that the prohibited goods concerned have been kept by that person on that premises or other land.

(b) Where any unmanufactured tobacco is found in the State and where that unmanufactured tobacco is not shown to the satisfaction of the Commissioners to be kept, or to be in the course of delivery—

(i) under a customs procedure within the meaning of Council Regulation (EEC) No. 2913/92 of 12 October 1992 [^8],

(ii) for use as raw material for the production of tobacco products in a tax warehouse,

(iii) for use as raw material for the production of any product or thing other than a tobacco product, or

(iv) for any other use that is not contrary to this section,

then it shall be presumed until the contrary is proved that the unmanufactured tobacco is prohibited goods.

(5) 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 (2)(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.

(6) Where an offence under this section is committed by a body corporate and the offence is shown to have been committed with the consent or connivance of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate or a member of the committee of management or other controlling authority of the body corporate, that person as well as the body corporate shall be guilty of an offence and may be proceeded against and punished as if that person were guilty of the first-mentioned offence.”.

57. Amendment of Chapter 1 (betting duty) of Part 2 of Finance Act 2002.

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

(a) in section 67 by inserting the following after subsection (3):

“(3A) (a) Subject to paragraph (b) and to such conditions as the Revenue Commissioners may prescribe or otherwise impose, a bookmaker shall not be liable for betting duty on a bet made, laid or otherwise entered into by the bookmaker where it is shown to the satisfaction of the Revenue Commissioners to have been transferred by that bookmaker to another bookmaker and accepted by the other bookmaker.

(b) Where paragraph (a) applies, the bet so transferred shall, from the time it is accepted by that other bookmaker, be liable to betting duty under subsection (1) and that other bookmaker shall be liable for payment of the betting duty.”,

and

(b) in section 77(1)—

(i) in paragraph (b) by substituting “betting duty, and” for “betting duty,”,

(ii) in paragraph (c) by substituting “them.” for “them, and”, and

(iii) by deleting paragraph (d).

(2) Chapter 1 of Part 2 of the Finance Act 2002 is further amended in section 77(1) (as amended by subsection (1) (b))—

(a) by substituting “securing the payment of any duty imposed by this Chapter” for “securing the payment of betting duty”,

(b) in paragraph (b) by substituting “duty” for “betting duty”, and

“(c) requiring the maintenance and production by bookmakers, remote bookmakers and remote betting intermediaries of their books, accounts, vouchers, and other records relating to the business carried on by them.”.

(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.

58. Rates of alcohol products tax.

58.— The Finance Act 2003 is amended with effect as on and from 6 December 2012 by substituting the following for Schedule 2 to that Act:

“SCHEDULE 2

(With effect as on and from 6 December 2012)

Description of Product	Rate of Tax
Spirits:	€36.85 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	€9.56 per hectolitre per cent of alcohol in the beer
Exceeding 2.8% vol	€19.13 per hectolitre per cent of alcohol in the beer
Wine:
Still and sparkling, not exceeding 5.5% vol	€123.51 per hectolitre
Still, exceeding 5.5% vol but not exceeding 15% vol	€370.64 per hectolitre
Still, exceeding 15% vol	€537.81 per hectolitre
Sparkling, exceeding 5.5% vol	€741.28 per hectolitre
Other Fermented Beverages: (1) Cider and Perry:
Still and sparkling, not exceeding 2.8% vol	€40.08 per hectolitre
Still and sparkling, exceeding 2.8% vol but not exceeding 6.0% vol	€80.16 per hectolitre
Still and sparkling, exceeding 6.0% vol but not exceeding 8.5% vol	€185.36 per hectolitre
Still, exceeding 8.5% vol	€262.92 per hectolitre
Sparkling, exceeding 8.5% vol	€525.85 per hectolitre
(2) Other than Cider and Perry:
Still and sparkling, not exceeding 5.5% vol	€123.51 per hectolitre
Still, exceeding 5.5% vol	€370.64 per hectolitre
Sparkling, exceeding 5.5% vol	€741.28 per hectolitre
Intermediate Beverages:
Still, not exceeding 15% vol	€370.64 per hectolitre
Still, exceeding 15% vol	€537.81 per hectolitre
Sparkling	€741.28 per hectolitre

”.

59. Amendment of Chapter 1 (electricity tax) of Part 2 of Finance Act 2008.

59.— Chapter 1 of Part 2 of the Finance Act 2008 is amended—

(a) in section 63(1) by substituting “craft,” for “craft.” in paragraph (g) and by inserting the following after that paragraph:

“(h) to have been used under diplomatic arrangements in the State.”,

and

(b) in section 64(1) by substituting “paragraphs (b), (c), (d) and (h)” for “paragraphs (b), (c) and (d)”.

60. Amendment of Chapter 2 (natural gas carbon tax) of Part 3 of Finance Act 2010.

60.— Chapter 2 of Part 3 of the Finance Act 2010 is amended in section 71(1)—

(a) by deleting “or” in paragraph (a) and by substituting “processes, or” for “processes.” in paragraph (b), and

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

“(c) under diplomatic arrangements in the State.”.

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

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

(a) by substituting the following for Schedule 1:

“SCHEDULE 1

(With effect as on and from 1 May 2013)

Description of Solid Fuel	Rate of Tax
Coal	€26.33 per tonne
Peat:
Peat briquettes	€18.33 per tonne
Milled peat	€8.99 per tonne
Other peat	€13.62 per tonne

”,

(b) in section 77 by substituting the following for the definition of “supplier”:

“ ‘supplier’ means an accountable person for the purposes of Part 2 of the Value-Added Tax Consolidation Act 2010 who supplies solid fuel or any other person who is a taxable person within the meaning of section 2 of that Act who supplies solid fuel;”,

(d) by substituting the following for section 79:

“79.— (1) Tax shall be charged at the time the solid fuel is first supplied in the State by a supplier and, except where subsections (2) or (3) apply, that supplier shall be accountable for and liable to pay the tax charged.

(2) (a) In this subsection ‘manufacture’, in relation to a solid fuel product, means the reconstituting or processing of a solid fuel to produce a solid fuel that has characteristics that are distinct from the solid fuel from which it is produced, and includes the production of compressed nuggets and briquettes, and similar products of a regular shape and size, but does not include extraction, washing, drying, breaking or grinding.

(b) Subject to such conditions as the Commissioners may prescribe, or otherwise require in any particular case, tax shall not be charged on solid fuel supplied by a supplier to a manufacturer of a solid fuel product, where such solid fuel is used as a raw material in the manufacture of such product.

(c) Where paragraph (b) applies, tax shall be charged at the time when the manufactured solid fuel product is first supplied in the State by a supplier, and that supplier shall be accountable for and liable to pay the tax charged.

(3) A consumer shall be liable for any deficiency in the amount of tax charged on a supply, where that deficiency has resulted from false or misleading information furnished to the supplier concerned by that consumer, and no such liability shall attach to the supplier.”,

(e) by substituting the following for section 80:

“80.— Every supplier who is accountable under section 79 shall register with the Commissioners in accordance with such procedures as the Commissioners may prescribe or otherwise require.”,

and

(f) in section 82(1) by substituting “processes, or” for “processes.” in paragraph (b) and by inserting the following after that paragraph:

“(c) under diplomatic arrangements in the State.”.

(2) Chapter 3 of Part 3 of the Finance Act 2010 is further amended with effect as on and from 1 May 2014—

(a) by substituting the following for Schedule 1 (as amended by subsection (1) (a)):

“SCHEDULE 1

(With effect as on and from 1 May 2014)

Description of Solid Fuel	Rate of Tax
Coal	€52.67 per tonne
Peat:
Peat briquettes	€36.67 per tonne
Milled peat	€17.99 per tonne
Other peat	€27.25 per tonne

”,

and

(b) in section 78(3) (as amended by subsection (1) (c)) by substituting “€20” for “€10”.

62. Amendment of section 130 (interpretation) of Finance Act 1992.

62.— Section 130 of the Finance Act 1992 is amended—

(a) by substituting the following for the definition of “category C vehicle”:

“ ‘category C vehicle’ means a category M2 vehicle, a category M3 vehicle, a category N2 vehicle, a category N3 vehicle, a category T1 vehicle, a category T2 vehicle, a category T3 vehicle, a category T4 vehicle, a category T5 vehicle or a listed vehicle;”,

(b) by substituting the following for the definition of “conversion”:

“ ‘conversion’ means the modification of the vehicle, which, in relation to—

(a) a registered vehicle, means the modification of the vehicle in such manner that any of the particulars recorded for the purpose of its registration are altered,

(b) an unregistered vehicle, means the modification of the vehicle in such manner that any of the particulars recorded for the purpose of its type-approval or, if it has been registered previously in another jurisdiction, for the purpose of the most recent such registration, are altered;”,

and

63. Amendment of section 132 (charge of excise duty) of Finance Act 1992.

63.— Section 132 of the Finance Act 1992 is amended in subsection (3) with effect as on and from 1 January 2013—

(a) in paragraph (d)(ii) by substituting “a vehicle that, at all stages of manufacture, is classified as a category N1 vehicle with less than 4 seats and has, at any stage of manufacture,” for “a category N1 vehicle that, at the time of manufacture, has less than 4 seats and has”, and

(b) by substituting the following for the Table to that subsection:

“Table

CO 2 Emissions (CO 2 g/km)	Percentage payable of the value of the vehicle
0g/km up to and including 80g/km	14% or €280 whichever is the greater
More than 80g/km up to and including 100g/km	15% or €300 whichever is the greater
More than 100g/km up to and including 110g/km	16% or €320 whichever is the greater
More than 110g/km up to and including 120g/km	17% or €340 whichever is the greater
More than 120g/km up to and including 130g/km	18% or €360 whichever is the greater
More than 130g/km up to and including 140g/km	19% or €380 whichever is the greater
More than 140g/km up to and including 155g/km	23% or €460 whichever is the greater
More than 155g/km up to and including 170g/km	27% or €540 whichever is the greater
More than 170g/km up to and including 190g/km	30% or €600 whichever is the greater
More than 190g/km up to and including 225g/km	34% or €680 whichever is the greater
More than 225g/km	36% or €720 whichever is the greater

”.

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

64.— Section 135C of the Finance Act 1992 is amended by substituting “31 December 2013” for “31 December 2012” in each place.

65. Amendment of section 135D (repayment of amounts of vehicle registration tax on export of certain vehicles) of Finance Act 1992.

65.— Section 135D (inserted by section 83(1)(j) of the Finance Act 2012) of the Finance Act 1992 is amended in subsection (5) by substituting “on the records maintained under section 60 of the Finance Act 1993” for “on the registration certificate issued in accordance with section 131(5)(a)”.

66. Amendment of section 136 (authorisation of manufacturers, distributors and dealers and periodic payment of duty) of Finance Act 1992.

66.— Section 136 of the Finance Act 1992 is amended by substituting the following for subsection (6):

“(6) For the purposes of subsection (5) the Commissioners may, subject to compliance with such conditions for securing payment as they may think fit to impose, permit payment of vehicle registration tax to be deferred to a day not later than the 15th day of the month following that in which the tax is charged.”.

PART 3 Value-Added Tax

67. Interpretation (Part 3).

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

68. Receivers and liquidators.

68.— The Principal Act is amended—

(a) in section 28 by inserting the following after subsection (3):

“(4) Where, in the case of a business carried on, or that has ceased to be carried on, by an accountable person, services (being services that are supplied using the assets or part of the assets of an accountable person) are, under any power exercisable by another person (including a receiver or liquidator), supplied by that other person in or towards the satisfaction of a debt owed by the accountable person, or in the course of winding up of a company, then those services shall be deemed to be supplied by the accountable person in the course or furtherance of his or her business.

(5) Where another person (including a receiver or liquidator), under any power exercisable by that other person, in or towards the satisfaction of a debt owed by a taxable person, or in the course of winding up of a company—

(a) makes a supply consisting of a letting of immovable goods, being the assets or part of the assets of the taxable person, and

(b) that other person exercises an option to tax that letting in accordance with section 97(1)(a)(i),

then that taxable person shall be deemed to have supplied that letting and to have exercised the option to tax.”,

(b) in section 65(1)(b) by substituting “dispose of goods or supply services which pursuant to section 22(3) or 28(4) or (5)” for “dispose of goods which pursuant to section 22(3)”,

(c) in section 65(4) by substituting “Every person who disposes of goods or supplies services which pursuant to section 22(3) or 28(4) or (5) are deemed to be supplied by an accountable person in the course of his or her business shall, within 14 days of the disposal or the supply of a service,” for “Every person who disposes of goods which pursuant to section 22(3) are deemed to be supplied by an accountable person in the course of his or her business shall, within 14 days of the disposal,”,

(d) in section 76(2) by substituting “A person who disposes of goods or supplies services which pursuant to section 22(3) or 28(4) or (5)” for “A person who disposes of goods which pursuant to section 22(3)”,

(e) in section 76(2)(a) by substituting the following for subparagraph (i):

“(i) furnish to the Collector-General—

(I) a true and correct return, prepared in accordance with regulations, of the total amount of tax which became due in that taxable period, by—

(A) the accountable person in relation to the disposal of the goods or the supply of the services, and

(B) the receiver, liquidator or other person exercising a power, in relation to any adjustment required under Chapter 2 of Part 8 or section 95(4)(c),

and

(II) such other particulars as may be specified in regulations,”,

(f) in section 76(2) by substituting the following for paragraph (b):

“(b) send to the accountable person deemed to have disposed of the goods or supplied the services a statement containing such particulars as may be specified in regulations, and”,

(g) in section 76(2)(c) by substituting “out of the proceeds of the disposal or the income from the services deemed to be supplied by the accountable person.” for “out of the proceeds of the disposal.”,

(h) in section 76(3) by substituting “The owner of the goods or the supplier of the services which pursuant to section 22(3) or 28(4) or (5)” for “The owner of the goods which pursuant to section 22(3)”, and

(i) in section 95(4) by inserting the following after paragraph (b):

“(c) Where the letting referred to in paragraph (a)(iii) is a supply to which section 28(4) applies, the receiver or person exercising the power shall calculate the deductibility adjustment in accordance with the formula set out in paragraph (b) and that amount shall be payable as if it were tax due for the taxable period in which that letting takes place.”.

69. Amendment of section 43 (vouchers, etc.) of Principal Act.

69.— Section 43 of the Principal Act is amended in subsection (3)—

(a) in paragraph (a)(i) by substituting “to an accountable person” for “to a person”, and

(b) by substituting the following for paragraph (b):

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

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

70.— Section 59 of the Principal Act is amended—

(a) in subsection (1), in paragraph (d) of the definition of “qualifying activities”, by substituting “paragraph 6(1), 7(1)” for “paragraph 6, 7”, and

(b) in subsection (2), by substituting the following for paragraph (j):

“(j) the tax chargeable during the period, being tax for which the accountable person is liable by virtue of section 16(1), 94(6)(a) or (7) or 95(8)(c) to (e), in respect of a supply to that person of immovable goods,”.

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

71.— Section 64 of the Principal Act is amended—

(a) in subsection (9)(b) by substituting the following for subparagraph (i):

“(i) a connected supply occurs and the seller enters into a written agreement with the purchaser to the effect that the purchaser shall be responsible for all obligations under this Chapter in relation to the capital good from the date of the supply or transfer of that capital good, as if—

(I) the purchaser had acquired or developed the capital good at the time it was acquired or developed by the seller,

(II) the total tax incurred and the amount deducted by that seller in relation to that capital good were the total tax incurred and the amount deducted by the purchaser, and

(III) any adjustments made in accordance with this Chapter by the seller were made by the purchaser,”,

(b) in subsection (9) by substituting the following for paragraph (c):

“(c) Where paragraph (b) applies—

(i) the purchaser shall:

(I) be responsible for the obligations referred to in paragraph (b)(i), and

(II) use the information in the copy of the capital good record issued by the seller in accordance with paragraph (b)(ii) for the purposes of calculating any tax chargeable or deductible in accordance with this Chapter in respect of that capital good by that purchaser from the date on which the supply or transfer referred to in paragraph (b)(i) occurs,

and

(ii) the connected supply shall be deemed not to be a supply for the purposes of this Act.”,

and

“(12A) (a) In this subsection—

‘end date’ means the date on which either the mortgagee ceases to have possession or the receiver’s appointment ends;

‘mortgagee’ includes any person having the benefit of a charge or lien or any person deriving title to the mortgage under the original mortgagee;

‘start date’ means the date on which either the mortgagee takes possession or the receiver is appointed.

(b) Where a capital good is held as security or is subject to a charge or lien and either—

(i) a mortgagee takes possession, or

(ii) a receiver is 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 capital goods owner (in this subsection referred to as the ‘defaulter’) shall 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.

(c) Where paragraph (b) applies the mortgagee or the receiver shall be responsible for all obligations of that defaulter under this Chapter as if—

(i) the capital good were acquired or developed by that mortgagee or that receiver at the time it was acquired or developed by the defaulter,

(ii) the total tax incurred and the amount deducted by the defaulter in relation to the good were the total tax incurred and the amount deducted by that mortgagee or that receiver, and

(iii) any adjustments required to be made under this Chapter by the defaulter had been made,

and that mortgagee or that receiver shall use the information in the copy of the capital good record issued by the defaulter, in accordance with paragraph (b), for the purposes of calculating any tax payable by that mortgagee or that receiver in accordance with this Chapter and section 76(2) for the remainder of the adjustment period applicable to that capital good.

(d) Where paragraph (c) applies and if—

(i) the mortgagee ceases to have possession (other than where paragraph (h) applies or on a disposal of the capital good), or

(ii) the receiver’s appointment ends (other than where paragraph (h) applies) and the capital good has not been disposed of by the receiver,

then that mortgagee or that receiver shall furnish a copy of the capital goods record to the defaulter and from the end date the defaulter shall be treated for the purposes of this Chapter as if that defaulter were the capital goods owner.

(e) Where paragraph (d) applies the defaulter shall be responsible for all obligations of that mortgagee or that receiver under this Chapter as if—

(i) the capital good were acquired or developed by the defaulter at the time it was deemed, in accordance with paragraph (c)(i), to have been acquired by the mortgagee or the receiver,

(ii) the total tax deemed to be incurred and the amount deemed to be deducted by that mortgagee or that receiver, in accordance with paragraph (c)(ii), in relation to the good were the total tax incurred and the amount deducted by the defaulter, and

(iii) any adjustments required to be made under this Chapter by that mortgagee or that receiver had been made,

and the defaulter shall use the information in the copy of the capital good record issued by the mortgagee or the receiver, in accordance with paragraph (d), for the purposes of calculating any tax payable or deductible by that defaulter in accordance with this Chapter for the remainder of the adjustment period applicable to that capital good.

(f) Where an amount of tax is payable in respect of an interval in accordance with subsection (2)(b)(i), (3)(b)(i) or (4)(b)(i), and where the start date or the end date or both occur during that interval, the amount of that tax that shall be payable by the mortgagee or the receiver shall be calculated in accordance with the following formula—

J x K

where—

J is the amount of the tax payable in accordance with subsection (2)(b)(i), (3)(b)(i) or (4)(b)(i),

K is the number of days during the interval in which the mortgagee has possession or the receiver has been appointed,

L is the number of days in the interval,

and the defaulter shall pay the balance (if any).

(g) Where there is an increase in the amount of tax deductible in respect of an interval in accordance with subsection (2)(b)(ii), (3)(b)(ii) or (4)(b)(ii), and where the start date or the end date or both occur during that interval, the amount of that increase in deductibility to which the mortgagee or the receiver shall be entitled shall be calculated using the following formula—

M x K

where—

M is the amount of the increase in deductibility in accordance with subsection (2)(b)(ii), (3)(b)(ii) or (4)(b)(ii),

K is the number of days during the interval in which the mortgagee has possession or the receiver has been appointed,

L is the number of days in the interval,

and the defaulter shall be entitled to the balance (if any).

(h) Where paragraph (c) applies and if—

(i) a mortgagee ceases to have possession and another mortgagee takes possession,

(ii) a mortgagee ceases to have possession and a receiver is appointed,

(iii) a receiver’s appointment ends and a mortgagee takes possession, or

(iv) a receiver’s appointment ends and another receiver is appointed,

then, in each case, the person who ceases to have possession or whose appointment ends shall furnish a copy of the capital goods record to the mortgagee who takes possession or the receiver who is appointed and, from the start date, 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 shall be responsible for the obligations of the preceding mortgagee or receiver in accordance with paragraphs (c) and (d).”.

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

72.— Section 80(1)(b) of the Principal Act is amended with effect from 1 May 2013 by substituting “€1,250,000” for “€1,000,000”.

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

73.— Section 86(1) of the Principal Act is amended with effect from 1 January 2013 by substituting “4.8 per cent” for “5.2 per cent”.

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

74.— Section 120(9)(b) of the Principal Act is amended—

(a) in subparagraph (iii) by substituting “transmitted;” for “transmitted; and”,

(b) in subparagraph (iv) by substituting “Revenue Commissioners; and” for “Revenue Commissioners,”, and

“(v) the conditions to which the evidence of the business controls used to comply with paragraph (a) of section 66(2A) shall be subject as referred to in paragraph (b) of that provision,”.

75. Amendment of Schedule 1 (exempt activities) and Schedule 3 (goods and services chargeable at the reduced rate) to Principal Act.

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

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

“(3) The promotion of sporting events (other than in the course of the provision of facilities for taking part in sporting activities including golf or physical education activities of the kind specified in subparagraph (1) or (1A) of paragraph 12 of Schedule 3).”,

(b) in paragraph 6(1) by deleting clause (g),

(d) in paragraph 6(2) by substituting “Financial services that consist of managing an undertaking of a kind specified in this subparagraph:” for “The following undertakings are specified for the purpose of subparagraph (1)(g):”,

(e) in paragraph 6(2) by inserting the following after clause (a):

“(aa) an investment limited partnership within the meaning of section 739J of the Taxes Consolidation Act 1997;”,

(f) in paragraph 6(2) by inserting the following after clause (e):

“(ea) an undertaking that enters into specified financial transactions within the meaning of Part 8A of the Taxes Consolidation Act 1997 where that undertaking corresponds to an undertaking specified elsewhere in this subparagraph;”,

(g) in paragraph 6(2) by substituting the following for clause (f):

“(f) any other undertaking that is determined by the Minister to be a collective investment undertaking for the purposes of this subparagraph.”,

(h) by substituting the following for paragraph 7:

“7. (1) The supply of agency services relating to the financial services specified in subparagraph (1) of paragraph 6, excluding management and safekeeping services in regard to the services specified in clause (a) of that subparagraph.

(2) The supply of agency services relating to the financial services specified in paragraph 6(2).”,

and

(i) in paragraph 11(1)(c) by substituting “subparagraph (1) or (1A) of paragraph 12” for “paragraph 12(1)”.

(2) Schedule 3 to the Principal Act is amended—

(a) in paragraph 11(a) by substituting “subparagraph (1) or (1A) of paragraph 12” for “paragraph 12(1)”,

(b) in paragraph 12 by substituting the following for subparagraph (1):

“(1) The provision of facilities for taking part in sporting activities including golf or physical education activities, and closely related activities, by an entity other than a non-profit making organisation, the State or a public body.”,

and

“(1A) The provision of facilities for taking part in sporting activities including golf or physical education activities, and closely related activities, by the State or a public body, where the total consideration received by such entity for providing those facilities exceeds, or is likely to exceed, the services threshold during any continuous period of 12 months.”.

(3) Paragraphs (a) and (i) of subsection (1) and subsection (2) have effect on and from 1 January 2013.

PART 4 Stamp Duties

76. Interpretation (Part 4).

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

77. Amendments relating to self-assessment provisions.

77.— The Principal Act is amended—

(a) in section 20 by inserting the following after subsection (2):

“(2A) If at any time it appears for any reason an assessment is incorrect the Commissioners shall make such other assessment as they consider appropriate and any such assessment shall be substituted for the first-mentioned assessment.”,

(b) in section 21(1) by substituting the following for the definition of “time for bringing an appeal”:

“ ‘time for bringing an appeal’ means 30 days after the date of the assessment.”,

“(2) An accountable person who is dissatisfied with an assessment of the Commissioners in relation to an instrument may appeal to the Appeal Commissioners against the assessment on giving, within the time for bringing an appeal, notice in writing to the Commissioners and the appeal shall be heard and determined by the Appeal Commissioners whose determination shall be final and conclusive unless the appeal is required to be reheard by a judge of the Circuit Court or a case is required to be stated in relation to it for the opinion of the High Court on a point of law.”,

(d) in section 21 by substituting the following for subsection (3):

“(3) No appeal may be made against—

(a) an assessment made by an accountable person, or

(b) an assessment made on an accountable person by the Commissioners, where the duty had been agreed between the Commissioners and the accountable person, or any person authorised by the accountable person in that behalf, before the making of the assessment.”,

(e) in section 21(4) by substituting the following for paragraph (a):

“(a) Where—

(i) an accountable person fails to cause an electronic return or a paper return to be delivered in relation to an instrument, or

(ii) the Commissioners are not satisfied with the electronic return or the paper return which has been delivered, or have received any information as to its insufficiency,

and the Commissioners make an assessment in accordance with section 20, no appeal may be made against that assessment unless within the time for bringing an appeal—

(I) in a case to which subparagraph (i) applies, an electronic return or a paper return is delivered to the Commissioners, and

(II) in a case to which either subparagraph (i) or (ii) applies, the accountable person pays or has paid an amount of duty on foot of the assessment which is not less than the duty which would be payable on foot of the assessment if the assessment were made in all respects by reference to the return delivered to the Commissioners.”,

(f) in section 79 by deleting subsection (6),

(g) in section 80 by deleting subsection (7),

(h) in section 80A by deleting subsection (7), and

(i) by deleting section 131.

78. Land: special provisions.

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

(a) by inserting the following after section 31:

“Resting in contract.

31A.— (1) Where—

(a) the holder of an estate or interest in land in the State enters into a contract or agreement with another person for the sale of the estate or interest to that other person or to a nominee of that other person, and

(b) a payment which amounts to, or as the case may be payments which together amount to, 25 per cent or more of the consideration for the sale has been paid to, or at the direction of, the holder of the estate or interest at any time pursuant to the contract or agreement,

then the contract or agreement shall be chargeable with the same stamp duty, to be paid by the other person, as if it were a conveyance or transfer of the estate or interest in the land.

(2) Subsection (1) does not apply where, within 30 days of the date on which a payment which amounts to, or as the case may be payments which together amount to, 25 per cent or more of the consideration for the sale referred to in subsection (1) has been paid—

(a) an electronic return or paper return has been delivered to the Commissioners in relation to a conveyance or transfer made in conformity with the contract or agreement referred to in subsection (1), and

(b) the stamp duty chargeable on the conveyance or transfer has been paid to the Commissioners.

(3) Where stamp duty has been paid, in respect of a contract or agreement, in accordance with subsection (1), a conveyance or transfer made in conformity with the contract or agreement shall not be chargeable with any duty, and the Commissioners, where an electronic return or paper return has been delivered to them in relation to the conveyance or transfer, shall either denote the payment of the duty on the conveyance or transfer or transfer the duty to the conveyance or transfer on production to them of the contract or agreement, duly stamped.

(4) The stamp duty paid on any contract or agreement, in accordance with subsection (1), shall be returned where it is shown to the satisfaction of the Commissioners that the contract or agreement has been rescinded or annulled.

Licence agreements.

31B.— (1) In this section ‘development’, in relation to any land, means—

(a) the construction, demolition, extension, alteration or reconstruction of any building on the land, or

(b) any engineering or other operation in, on, over or under the land to adapt it for materially altered use.

(2) Where—

(a) the holder of an estate or interest in land in the State enters into an agreement with another person under which that other person, or a nominee of that other person, is entitled to enter onto the land to carry out development on that land, and

(b) by virtue of the agreement, otherwise than as consideration for the sale of all or part of the estate or interest in the land, the holder of the estate or interest in the land receives at any time a payment which amounts to, or as the case may be payments which together amount to, 25 per cent or more of the market value of the land concerned,

then within 30 days of the first such time, the agreement shall be chargeable with the same stamp duty, to be paid by that other person, as if it were a conveyance or transfer of the estate or interest in the land.

(3) The stamp duty paid on any agreement, in accordance with subsection (2), shall be returned where it is shown to the satisfaction of the Commissioners that the agreement has been rescinded or annulled.”,

(b) by deleting section 36,

“Agreements for more than 35 years charged as leases.

50A.— (1) An agreement for a lease or with respect to the letting of any lands, tenements, or heritable subjects for any term exceeding 35 years, shall be charged with the same stamp duty as if it were an actual lease made for the term and consideration mentioned in the agreement where 25 per cent or more of that consideration has been paid.

(2) The stamp duty paid on any agreement for a lease, in accordance with subsection (1), shall be returned where it is shown to the satisfaction of the Commissioners that the agreement for a lease has been rescinded or annulled.”,

and

(d) by substituting “section 50 or 50A” for “section 50” in paragraph (4) of the Heading “LEASE” in Schedule 1.

(2) Section 82 (other than subsection (2) of that section) of the Finance (No. 2) Act 2008 is repealed.

(3) Subsection (1) applies as respects instruments executed on or after 13 February 2013 other than instruments executed solely in pursuance of a binding contract or agreement entered into before 13 February 2013.

79. Amendment of section 81AA (transfers to young trained farmers) of Principal Act.

79.— Section 81AA of the Principal Act is amended in subsection (16) by substituting “31 December 2015” for “31 December 2012”.

80. Amendment of section 85 (certain loan capital and securities) of Principal Act.

80.— Section 85 of the Principal Act is amended—

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

“(1A) For the purposes of subsection (2)(d) ‘enhanced equipment trust certificate’ means loan capital issued by a company to raise finance to acquire, develop or lease aircraft.”,

and

(b) in subsection (2) by deleting “and” at the end of paragraph (b) and substituting “business, and” for “business.” in paragraph (c) and by inserting the following after paragraph (c):

“(d) the issue, transfer or redemption of an enhanced equipment trust certificate.”.

81. Amendment of section 88 (certain stocks and marketable securities) and section 90 (certain financial services instruments) of Principal Act.

81.— The Principal Act is amended—

(a) in section 88(1)(b) by substituting the following for subparagraph (i):

“(i) units in an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997,”,

(b) in section 88(1)(b) by inserting the following after subparagraph (i):

“(ia) units in a common contractual fund within the meaning of section 739I of the Taxes Consolidation Act 1997,

(ib) units in an investment limited partnership within the meaning of section 739J of the Taxes Consolidation Act 1997,”,

“(b) any stocks or marketable securities of a company which is registered in the State, other than a company which is—

(i) an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or

(ii) a qualifying company within the meaning of section 110 of the Taxes Consolidation Act 1997.”,

and

(d) in section 90(3) by substituting the following for paragraph (b):

“(b) any stocks or marketable securities of a company which is registered in the State, other than a company which is—

(i) an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, or

(ii) a qualifying company within the meaning of section 110 of the Taxes Consolidation Act 1997.”.

82. Amendment of section 123B (cash, combined and debit cards) of Principal Act.

82.— Section 123B of the Principal Act is amended—

(a) in subsection (1) by substituting the following for the definition of “account holder”:

“ ‘account holder’, in relation to a basic payment account, means the person in whose name the account is held;”,

(b) in subsection (1) by substituting the following for the definition of “basic payment account”:

“ ‘basic payment account’ means a card account—

(a) which is issued only to an account holder who in the period of financial exclusion—

(i) did not hold a card account, or

(ii) held a card account but no account holder-initiated transactions occurred on that account in the period of financial exclusion,

(b) where, in respect of every 2 consecutive quarters, all amounts paid into the card account, other than amounts paid to the account holder by electronic funds transfer under the Social Welfare Acts, do not exceed €4,500 (in this section referred to as the ‘threshold amount’) in each quarter, and

(i) Allied Irish Banks plc;

(ii) the Governor and Company of the Bank of Ireland;

(iii) permanent tsb plc;”,

“ ‘period of financial exclusion’ means the period of 3 years immediately preceding the date of an application to open a basic payment account;

‘quarter’ means a period of 3 consecutive months or any commensurate period by reference to which a promoter in the course of its business calculates all amounts paid into a card account;”,

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

“(1B) Where the promoter has served notice of the termination of the basic payment account, the account shall not cease to be a basic payment account until the expiry of 2 months from the date of service of the notice.”,

(e) in subsection 3(c) by deleting “in relation to the year 2012,”, and

(f) by inserting the following after subsection (10):

“(11) The Minister, following a review of this section, for the purposes of ensuring that the conditions governing the opening of a basic payment account are such that the section achieves its intended purpose may by order vary—

(a) the duration of the period of financial exclusion, and

(b) the threshold amount, subject to a maximum variation of 20 per cent.

(12) Every order made by the Minister under subsection (11) shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the order.”.

83. Amendment of section 125A (levy on authorised insurers) of Principal Act.

83.— Section 125A of the Principal Act is amended—

(a) in subsection (1) by substituting the following for the definition of “accounting period”:

“ ‘accounting period’ means the first accounting period or a subsequent accounting period, as the case may be;”,

(b) in subsection (1) by substituting the following for the definition of “due date”:

“ ‘due date’ means—

(a) in relation to the first accounting period, 21 May 2013, and

(b) in relation to a subsequent accounting period, the 21st day of the second next month following the end of the accounting period;”,

“ ‘specified rate’ means—

(a) in respect of relevant contracts renewed or entered into on or after 1 January 2013 and on or before 30 March 2013—

(i) €95 in respect of an insured person aged less than 18 years, and

(ii) €285 in respect of an insured person aged 18 years or over,

and

(b) in respect of relevant contracts renewed or entered into after 30 March 2013—

(i) €100 in respect of an insured person aged less than 18 years insured under a relevant contract which provides for non-advanced cover,

(ii) €120 in respect of an insured person aged less than 18 years insured under a relevant contract which provides for advanced cover,

(iii) €290 in respect of an insured person aged 18 years or over insured under a relevant contract which provides for non-advanced cover, and

(iv) €350 in respect of an insured person aged 18 years or over insured under a relevant contract which provides for advanced cover;”,

(d) in subsection (1) by inserting the following definitions:

“ ‘advanced cover’ and ‘non-advanced cover’, in relation to a relevant contract, have the same meanings respectively as in section 6A of the Health Insurance Act 1994;

‘first accounting period’ means the period commencing on 1 January 2013 and ending on 30 March 2013;

‘subsequent accounting period’ means the period commencing on 31 March 2013 and ending on 30 June 2013 and each subsequent period of 3 months commencing on 1 July, 1 October, 1 January and 1 April in any year;”,

(e) in subsection (2) by substituting—

(i) “the first accounting period” for “each accounting period”, and

(ii) “that accounting period” for “the accounting period concerned”,

(f) by inserting the following after subsection (2):

“(2A) Subject to subsections (7), (10) and (11), an authorised insurer shall, in respect of each subsequent accounting period and not later than the due date, deliver to the Commissioners a statement in writing showing the number of insured persons—

(a) aged less than 18 years on the first day of the accounting period insured under a relevant contract which provides for non-advanced cover,

(b) aged less than 18 years on the first day of the accounting period insured under a relevant contract which provides for advanced cover,

(c) aged 18 years or over on the first day of the accounting period insured under a relevant contract which provides for non-advanced cover, and

(d) aged 18 years or over on the first day of the accounting period insured under a relevant contract which provides for advanced cover,

in respect of whom a relevant contract between the authorised insurer and the insured person, being the individual referred to in the definition of ‘insured person’, is renewed, or entered into, during the accounting period concerned.”,

(g) in subsections (3), (4), (6), (7), (8), (10), (11) and (12) by substituting “subsection (2) or (2A)” for “subsection (2)” in each place, and

(h) in subsection (12) by substituting the following for paragraphs (i) and (ii):

“(i) the accounting period in which the second 12 months, or lesser period, of the relevant contract commences, and

(ii) each further accounting period in which any subsequent 12 months, or lesser period, of the relevant contract commences.”.

PART 5 Capital Acquisitions Tax

84. Interpretation (Part 5).

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

85. Amendment of Schedule 2 (computation of tax) to Principal Act.

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

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

(i) in subparagraph (a) by substituting “€225,000” for “€250,000”,

(ii) in subparagraph (b) by substituting “€30,150” for “€33,500”, and

(iii) in subparagraph (c) by substituting “€15,075” for “€16,750”,

and

(b) in the Table in Part 2 of Schedule 2 by substituting “33” for “30”.

(2) This section applies to gifts and inheritances taken on or after 6 December 2012.

86. Amendment of section 51 (payment of tax and interest on tax) of Principal Act.

86.— (1) Section 51 of the Principal Act is amended—

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

“(1A) (a) Simple interest is payable, without deduction of income tax, on the tax arising by reason of section 15(1) or 20(1) from the valuation date to the date of payment of that tax, and the amount of that interest shall be determined in accordance with paragraph (c) of subsection (2).

(b) Interest payable in accordance with paragraph (a) is chargeable and recoverable in the same manner as if it were part of the tax.”,

and

(b) in subsection (2)(c)(ii) by substituting “paragraph (a) of this subsection and paragraph (a) of subsection (1A)” for “paragraph (a)”.

(2) This section applies to inheritances taken by a discretionary trust (within the meaning of the Principal Act) by virtue of section 15(1) or 20(1) of the Principal Act on or after the passing of this Act.

87. Amendment of section 57 (overpayment of tax) of Principal Act.

87.— (1) Section 57 of the Principal Act is amended—

(a) in subsection (1) by substituting the following for the definition of “tax”:

“ ‘tax’ includes probate tax, payment on account of tax, interest charged, a surcharge imposed or a penalty incurred under any provision of this Act.”,

and

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

“(3) Notwithstanding subsection (2), no tax shall be repaid to an accountable person in respect of a valid claim unless that valid claim is made within the period of 4 years commencing on—

(a) 31 October in the year in which that tax was due to be paid in accordance with section 46(2A), or

(b) the valuation date or the date of the payment of the tax concerned (where the tax has been paid within 4 months of the valuation date) in respect of inheritances to which sections 15(1) and 20(1) apply.”.

(2) This section shall apply as respects any claim for repayment (within the meaning of the Principal Act) made on or after the passing of this Act.

88. Amendment of section 74 (exemption of certain policies of assurance) of Principal Act.

88.— Section 74 of the Principal Act is amended in subsection (1) by substituting the following for the definition of “new policy”:

“ ‘new policy’ means—

(a) a policy of assurance on the life of any person issued, or

(b) a contract within the meaning of Article 2(2)(b) of Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 [^9] entered into,

on or after 1 January 2001 by an assurance company in the course of carrying on the business of life assurance;”.

89. Amendment of section 75 (exemption of certain investment entities) of Principal Act.

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

(a) in subsection (1) by inserting the following definitions:

“ ‘investment limited partnership’ has the meaning assigned to it by section 739J of the Taxes Consolidation Act 1997;

‘unit’, in relation to an investment limited partnership, has the meaning assigned to it by section 739J of the Taxes Consolidation Act 1997;”,

and

(b) in subsection (2) by substituting “a common contractual fund, an investment limited partnership or an investment undertaking” for “a common contractual fund or an investment undertaking”.

(2) This section applies to gifts and inheritances (both within the meaning of the Principal Act) taken on or after the passing of this Act.

90. Amendment of section 85 (exemption relating to retirement benefits) of Principal Act.

90.— (1) Section 85 of the Principal Act is amended by substituting the following for subsection (1):

“(1) In this section ‘retirement fund’, in relation to an inheritance taken on death of a disponer, means—

(a) an approved retirement fund or an approved minimum retirement fund, within the meaning of section 784A or 784C of the Taxes Consolidation Act 1997, or

(b) a Personal Retirement Savings Account, within the meaning of section 787A of the Taxes Consolidation Act 1997, where assets of the Personal Retirement Savings Account are treated under section 787G(4) of that Act as having been made available to an individual,

being a fund which is wholly comprised of all or any of the following, that is—

(i) property which represents in whole or in part the accrued rights of the disponer, or of a predeceased spouse or civil partner of the disponer, under—

(I) an annuity contract or retirement benefits scheme approved by the Commissioners for the purposes of Chapter 1 or Chapter 2 of Part 30 of the Taxes Consolidation Act 1997, or

(II) a Personal Retirement Savings Account being a PRSA product approved by the Commissioners for the purposes of Chapter 2A of Part 30 of the Taxes Consolidation Act 1997,

(ii) any accumulations of income of such property, or

(iii) property which represents in whole or in part these accumulations.”.

(2) This section applies to inheritances (within the meaning of the Principal Act) taken on or after the passing of this Act.

PART 6 Miscellaneous

91. Interpretation (Part 6).

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

92. Assessing rules for direct taxes.

92.— (1) The Principal Act is amended in the manner and to the extent specified in Schedule 1.

(2) This section applies—

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.