Finance Act 2018

42. Interpretation (Part 3)

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

43. Rates of value-added tax

43. The Principal Act is amended with effect from 1 January 2019—

(a) in section 46(1)(ca) by substituting “paragraphs 7(a), 7A and 12” for “paragraphs 3(1) to (3), 7, 8, 11, 12, 13(3) and 13B(1) to (3)”, and

(b) in Schedule 3, by inserting the following after paragraph 7:

“Electronic publications

7A. Electronic publications being books, newspapers and periodicals, supplied electronically, but excluding electronic publications which wholly or predominantly are devoted to advertising, or consist wholly or predominantly of audible music or video content.”.

44. Amendment of section 94 of Principal Act (supplies of immovable goods (new rules))

44. Section 94 of the Principal Act is amended in subsection (7) by deleting paragraph (e).

45. Amendment of section 104 of Principal Act (repayments in specific circumstances)

45. (1) Section 104(2) of the Principal Act is amended by deleting paragraphs (a), (b) and (c).

(2) Subsection (1) shall come into operation on 1 January 2019.

PART 4 Stamp Duties

46. Interpretation (Part 4)

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

47. Amendment of sections 31 and 31A of Principal Act

47. The Principal Act is amended—

(a) in section 31, by substituting the following for subsection (3):

“(3) Where duty has been paid in accordance with subsections (1) and (2), the 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, shall issue a stamp certificate to denote that the instrument is not chargeable with duty.”,

and

(b) in section 31A, by substituting the following for subsection (3):

“(3) Where 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, shall issue a stamp certificate to denote that the instrument is not chargeable with duty.”.

48. Amendments in relation to certain farming reliefs

48. (1) The Principal Act is amended—

(a) in section 81AA—

(i) in subsection (1), by inserting the following definition:

“ ‘EU Regulation’ means Commission Regulation (EU) No. 702/2014 of 25 June 2014[^16] declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union as that Regulation may be revised from time to time;”,

(ii) by inserting the following after subsection (7):

“(7A) The aggregate amount of relief granted to a person under this section and section 667B and section 667D of the Taxes Consolidation Act 1997 shall not exceed the limit of €70,000 as provided for by Article 18 of the EU Regulation.”,

(iii) in subsection (8), by substituting the following paragraph for paragraph (c):

“(c) the young trained farmer comes within the meaning of microenterprise or small enterprise in Article 2 of Annex 1 to the EU Regulation.”,

(iv) in subsection (11)—

(I) by substituting the following paragraph for paragraph (c):

“(c) This paragraph applies where—

(i) the transferee achieves the standard within the period of 4 years from the date of execution of an instrument to which this subsection applies,

(ii) it is the intention of the transferee, for a period of 5 years from the date on which a claim for repayment under paragraph (d) is made to the Commissioners to—

(I) spend not less than 50 per cent of his or her normal working time farming the land concerned, and

(II) retain ownership of that land,

and

(iii) the transferee—

(I) submits a business plan to Teagasc, and

(II) comes within the meaning of microenterprise or small enterprise in Article 2 of Annex 1 to the EU Regulation,

before a repayment under paragraph (d) is claimed.”,

and

(II) by inserting the following after paragraph (c) (as substituted by clause (I)):

“(d) Where paragraph (c) applies, the transferee may claim a repayment of stamp duty paid in respect of the instrument concerned and the Commissioners shall then cancel and repay any duty that was paid in respect of that instrument.”,

(v) in subsection (12), by deleting paragraphs (e) and (f),

(vi) in subsection (13), by deleting paragraphs (b), (c) and (d), and

(vii) in subsection (16), by substituting “31 December 2021” for “31 December 2018”,

and

(b) in section 81C—

(i) by deleting subsection (7),

(ii) in subsection (9), by deleting paragraph (c), and

(iii) in subsection (10)—

(I) in paragraph (b), by deleting “or (c), as the case may be,”, and

(II) by deleting paragraphs (c) and (d).

(2) Subsection (1)(a)(vii) shall come into operation on such day as the Minister for Finance may appoint by order.

49. Right of appeal in relation to refund claims

49. Section 159A of the Principal Act is amended by inserting the following after subsection (1):

“(1A) Any person aggrieved by a decision of the Commissioners on a claim for repayment, within the meaning of section 159B(1), may appeal the decision to the Appeal Commissioners, in accordance with section 949I of the Taxes Consolidation Act 1997, within the period of 30 days after the date of the notification of the decision to that person.”.

PART 5 Capital Acquisitions Tax

50. Interpretation (Part 5)

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

51. Miscellaneous amendments to Principal Act

51. The Principal Act is amended in the manner and to the extent specified in Schedule 1.

52. Amendment of section 86 of Principal Act (exemption relating to certain dwellings)

52. Section 86 of the Principal Act is amended by inserting the following after subsection (2):

“(2A) For the purposes of subsection (2), a successor is deemed to be beneficially entitled to, or to have a beneficial interest in, a dwelling house that is subject to a discretionary trust under or in consequence of a disposition made by the successor where that successor is an object of the trust.”.

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

53. (1) Paragraph 1 of Part 1 of Schedule 2 to the Principal Act is amended, in paragraph (a) of the definition of “group threshold”, by substituting “€320,000” for “€310,000”.

(2) This section applies to gifts and inheritances taken on or after 10 October 2018.

PART 6 Miscellaneous

54. Interpretation (Part 6)

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

55. Appeal procedures

55. The Principal Act is amended—

(a) in section 669(5), by inserting the following paragraph after paragraph (b):

“(c) The Appeal Commissioners dealing with an appeal from the decision of an inspector on a claim in a case where in accordance with paragraph (a) the inspector has attributed to a person at the beginning of an accounting period trading stock of a particular value shall, in hearing and determining the appeal in so far as it relates to the value of the trading stock to be so attributed, determine such value as appears to the Appeal Commissioners to be just and reasonable, having regard to those factors to which the inspector is required to have regard by virtue of paragraph (b).”,

(b) in section 949P(1), by substituting “section 960L” for “section 960K”,

(c) in section 949Q(2), by deleting paragraphs (d) and (e),

(d) by deleting section 949AG, and

(e) in section 949AN(3)—

(i) by substituting “may determine the new appeal without holding a hearing where-” for “may make a determination in an appeal under subsection (1) where-”, and

(ii) in paragraph (b), by inserting “that it is necessary to” after “and”.

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

56. Section 851A(8) of the Principal Act is amended by substituting the following paragraph for paragraph (m):

“(m) where relief is granted under—

(i) section 81D of the Stamp Duties Consolidation Act 1999, or

(ii) section 667C,

and the information is disclosed only to the Minister for Agriculture, Food and the Marine for the sole purpose of complying with Commission Regulation (EU) No. 1408/2013 of 18 December 2013[^17],”.

57. Amendment of section 858 of Principal Act (evidence of authorisation)

57. Section 858(1) of the Principal Act is amended by substituting the following paragraph for paragraph (b):

“(b) the European Communities (Intrastat) Regulations 2011 (S.I. No. 610 of 2011);”.

58. PAYE modernisation

58. (1) The Principal Act is amended—

(a) in section 472(2)(a)(ii), by substituting “Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(b) in section 531AL—

(i) by inserting the following definition:

“ ‘Income Tax Regulations’ means the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018);”,

and

(ii) by deleting the definition of “PAYE Regulations”,

(c) in paragraph (a) of the Table to section 531AM(1)—

(i) in subparagraph (i), by substituting “Regulation 31 of the Income Tax Regulations” for “Regulations 41 and 42 of the PAYE Regulations”, and

(ii) in subparagraph (III), by substituting “following receipt of a notification issued by an inspector under section 984(1)” for “on the direction of an inspector in accordance with Regulation 10(3) of the PAYE Regulations”,

(d) in section 531AN—

(i) by substituting the following for subsection (7):

“(7) Subsection (5) shall not apply where—

(a) the normal day on which relevant emoluments are paid to an individual during a tax year changes either during that year or the preceding year, or

(b) a payment of relevant emoluments occurs on a relevant date and that date is not the normal day on which relevant emoluments are paid to an individual.”,

and

(ii) by inserting the following subsection after subsection (7):

“(8) A reference in subsection (7) to the normal day is a reference to the day during the weekly or fortnightly cycle, as the case may be, on which relevant emoluments are paid to the individual concerned.”,

(e) by inserting the following section after section 531AO:

“Return by employer

531AOA. (1) In this section, ‘return filing date’ means, in relation to an income tax month, the day that is 15 days from the last day of the month.

(2) On or before the return filing date for an income tax month, an employer shall make a return to the Revenue Commissioners specifying the total universal social charge deducted or repaid in respect of that month in accordance with Regulations made under section 531AAB.

(3) Where the Revenue Commissioners issue a statement to an employer which sets out, in summary form in respect of an income tax month, the total amount of universal social charge deducted or repaid by that employer, the details of the statement shall on the return filing date, or where the statement is issued after the return filing date, on that later date, be deemed to be a return made by the employer in respect of that month for the purposes of subsection (2).

(4) Subsection (3) shall not apply where a statement referred to in that subsection is issued to an employer and the details on that statement do not accurately reflect all payments of emoluments, to which this Part applies, made by the employer in the income tax month concerned or the liability of the employer to deduct universal social charge on those payments.

(5) Where subsection (4) applies, the employer concerned shall ensure that all payments relating to the income tax month concerned and the associated universal social charge liability are accurately reflected in the return required under subsection (2) in respect of that month.”,

(f) in section 531AY(4), by substituting “Income Tax Regulations” for “PAYE Regulations”,

(g) in section 531AAD(10), by substituting “Within 14 days” for “Within 46 days”,

(h) in section 784(2B)(b), by substituting “a revenue payroll notification (within the meaning of section 983)” for “a certificate of tax credits and standard rate cut-off point or a tax deduction card”,

(i) in section 784A(3)(b), by substituting “a revenue payroll notification (within the meaning of section 983)” for “a certificate of tax credits and standard rate cut-off point or a tax deduction card”,

(j) in section 787G(1)(b), by substituting “a revenue payroll notification (within the meaning of section 983)” for “a certificate of tax credits and standard rate cut-off point or a tax deduction card”,

(k) in section 790AA(7)(b)(ii), by substituting “a revenue payroll notification (within the meaning of section 983)” for “a certificate of tax credits and standard rate cut-off point or a tax deduction card”,

(l) in section 864A—

(i) in subsection (1)(d), by substituting “a claim under Regulation 22(5) of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “a claim under Regulation 26(5) of the Income Tax (Employments)(Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”, and

(ii) in subsection (8), by substituting “Regulation 4, or amended the amount in accordance with Regulation 5, of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Regulation 10, or amended the amount in accordance with Regulation 13, of the Income Tax (Employments)(Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(m) in section 897A—

(i) in subsection (1)—

(I) by deleting the definition of “Consolidated Regulations”,

(II) by substituting the following for the definition of “employee pension contribution”:

“ ‘employee pension contribution’ in relation to a year of assessment and a scheme referred to in either section 774 or 776, means a contribution referred to in paragraph (1)(b) of Regulation 31 of the Income Tax Regulations;”,

(III) by inserting the following definition:

“ ‘Income Tax Regulations’ means the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018);”,

(IV) by substituting the following for the definition of “PRSA employee contribution”:

“ ‘PRSA employee contribution’, in relation to a year of assessment, means any PRSA contribution made by the employee in the year of assessment which is a contribution referred to in paragraph (1)(c) of Regulation 31 of the Income Tax Regulations;”,

and

(V) by substituting the following for the definition of “RAC premium”:

“ ‘RAC premium’, in relation to a year of assessment, means any qualifying premium (within the meaning of section 784) paid by an individual in a year of assessment which is a contribution referred to in paragraph (1)(d) of Regulation 31 of the Income Tax Regulations.”,

(ii) by substituting the following for subsection (2)—

“(2) Any person who is required to notify the Revenue Commissioners under section 985G(2) shall include the following particulars relating to employees in that notification—

(a) where a pension contribution deduction is made from the emoluments paid to an employee, the amount of the pension contribution,

(b) where a PRSA contribution deduction is made from the emoluments paid to an employee, the amount of the PRSA contribution,

(c) where an RAC premium deduction is made from the emoluments paid to an employee, the amount of the RAC premium,

(d) where an additional superannuation contribution deduction is made from the emoluments paid to an employee, the amount of the additional superannuation contribution,

(e) the amount of an employer pension contribution, and

(f) the amount of a PRSA employer contribution.”,

and

(iii) by substituting the following for subsection (3)—

“(3) Sections 1052 and 1054 shall apply to a failure by a person to provide the particulars required by subsection (2) as they apply to a failure to deliver a return referred to in section 1052.”,

(n) in section 903(1), in the definition of “records”, by substituting “revenue payroll notifications (within the meaning of section 983)” for “certificates of tax credits and standard rate cut-off point, tax deduction cards, certificates issued in accordance with Regulation 20 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(o) in section 960(2), by substituting “Regulation 28 of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Regulation 37 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(p) in section 960A—

(i) in the definition of “assessment”, by deleting “under section 990 or”,

(ii) by inserting the following definition:

“ ‘Income Tax Regulations’ means the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018);”,

and

(iii) by deleting the definition of “PAYE Regulations”,

(q) in section 960I—

(i) in subsection (5)(a), by substituting “Income Tax Regulations” for “PAYE Regulations”, and

(ii) by substituting the following for subsection (6):

“(6) For the purposes of subsection (5)—

(a) any amount of tax assessed under section 990, or

(b) any balance of tax so assessed but remaining unpaid,

is deemed to be an amount of tax which any person paying emoluments was liable, under Chapter 4 and the Income Tax Regulations, to pay to the Collector-General.”,

(r) in section 960O(4)—

(i) in paragraph (a), by deleting subparagraph (iv), and

(ii) by substituting the following for paragraph (c):

“(c) For the purposes of paragraph (a)(i), ‘authorised employer’s PAYE liability’, in relation to an employer whose due date for the payment of tax has been varied by way of a notice under section 985G(7), means the amount determined by the formula—

(A + B - C) + D

where—

A is any amount which, if a notice under section 985G(7) was not issued, would have been an amount due at the relevant date in respect of sums that the employer is liable under Chapter 4 and the Income Tax Regulations to deduct from emoluments paid by the employer during the relevant period,

B is any amount which, if a notice under section 985G(7) was not issued, would have been an amount due at the relevant date in respect of sums that were not so deducted but which the employer was liable, in accordance with section 985A and any regulations under that section, to remit to the Collector-General in respect of notional payments made by the employer during the relevant period,

C is any amount which the employer was liable under Chapter 4 and the Income Tax Regulations to repay during the relevant period, and

D is any interest payable under section 991 in respect of the amounts referred to in the meanings of A and B.”,

(s) in section 960P—

(i) in subsection (3), by deleting paragraph (e), and

(ii) in subsection (5), by substituting “Income Tax Regulations” for “PAYE Regulations” in the meanings of A and C,

(t) in section 985H(1)(i), by substituting “Regulation 19 of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Regulation 22 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(u) in section 986A, by inserting the following after subsection (3):

“(4) The amount referred to in subsection (3) shall, notwithstanding sections 18 and 19, be an amount chargeable to tax under Schedule E on the employee concerned.”,

(v) in section 997(3), by substituting “Regulation 28 of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Regulation 37 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”,

(w) in section 997A(3), by substituting “Regulation 28 of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Regulation 37 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”, and

(x) in section 1080(2)(b)(ii), by substituting “Regulation 28 of the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018)” for “Regulation 37 of the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001)”.

(2) Subsection (1), other than paragraphs (r)(ii), (s)(ii) and (u), shall apply for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.

(3) Subsection (1)(r)(ii) shall apply—

(a) where a relevant period (within the meaning of section 960O of the Principal Act) commences before 1 January 2019, in respect of that part of the relevant period which falls on or after 1 January 2019, and

(b) where a relevant period (within the meaning of section 960O of the Principal Act) commences on or after 1 January 2019, in respect of that relevant period.

(4) Subsection (1)(s)(ii) shall apply—

(a) where a relevant period (within the meaning of section 960P of the Principal Act) commences before 1 January 2019, in respect of that part of the relevant period which falls on or after 1 January 2019, and

(b) where a relevant period (within the meaning of section 960P of the Principal Act) commences on or after 1 January 2019, in respect of that relevant period.

59. Amendment of Part 41A of Principal Act (assessing rules including rules for self assessment)

59. Section 959AA of the Principal Act is amended by inserting the following after subsection (2)—

“(2A) Notwithstanding subsection (1) and section 959AB(1), a Revenue officer may, at any time, make or amend an assessment for a chargeable period to give effect to a mutual agreement reached, under an arrangement having the force of law by virtue of section 826(1), between the competent authority of the State and a competent authority of another jurisdiction and tax shall be paid or repaid (notwithstanding any limitation in section 865(4) on the time within which a claim for repayment of tax is required to be made) where appropriate in accordance with any such assessment or amended assessment.”.

60. Amendment of certain tax exemption provisions

60. (1) The Principal Act is amended—

(a) in Part 7, by inserting the following section after section 218:

“Certain income of Motor Insurers’ Bureau of Ireland

218A. Notwithstanding any provision of the Corporation Tax Acts, income arising to the Motor Insurers’ Bureau of Ireland from investments made by it of moneys paid to the Motor Insurers’ Insolvency Compensation Fund under the Insurance Act 1964 (amended by the Insurance (Amendment) Act 2018), which income would but for this section have been chargeable to corporation tax under Case III or IV, as the case may be, of Schedule D, shall be exempt from corporation tax.”,

(b) in section 220, by inserting the following paragraph after paragraph 8:

“9. Limerick Twenty Thirty Strategic Development Designated Activity Company, registered on 7 July 2008 (registered number 459652).”,

(c) in section 730D(2), by inserting the following paragraph after paragraph (b):

“(ba) the life policy is an investment made by the Motor Insurers’ Bureau of Ireland of moneys paid to the Motor Insurers’ Insolvency Compensation Fund under the Insurance Act 1964 (amended by the Insurance (Amendment) Act 2018), and the Motor Insurers’ Bureau of Ireland has made a declaration to that effect to the assurance company,”,

(d) in section 739D(6)—

(i) in paragraph (kb), by substituting “undertaking,” for “undertaking, or”, and

(ii) by inserting the following paragraph after paragraph (kb):

“(kc) is the Motor Insurers’ Bureau of Ireland in respect of an investment made by it of moneys paid to the Motor Insurers’ Insolvency Compensation Fund under the Insurance Act 1964 (amended by the Insurance (Amendment) Act 2018), and the Motor Insurers’ Bureau of Ireland has made a declaration to that effect to the investment undertaking, or”,

(e) in Schedule 4—

(i) by inserting the following paragraph after paragraph 20:

“20A. Child and Family Agency.”,

(ii) by inserting the following paragraph after paragraph 79:

“79A. National Transport Authority.”,

(iii) by inserting the following paragraph after paragraph 91A:

“91B. Sport Ireland.”,

and

(iv) by inserting the following paragraph after paragraph 99:

“100. Western Development Commission.”,

and

(f) in Part 1 of Schedule 15—

(i) by inserting the following paragraph after paragraph 44:

“45. Limerick Twenty Thirty Strategic Development Designated Activity Company, registered on 7 July 2008 (registered number 459652).”,

and

(ii) by inserting the following paragraph after paragraph 45 (inserted by subparagraph (i)):

“46. National Transport Authority.”.

(2) (a) Paragraphs (b) and (f)(i) of subsection (1) are deemed to have come into force and have taken effect as on and from 1 January 2018.

(b) Subsection (1)(e)(i) is deemed to have come into force and have taken effect as on and from 1 January 2014.

(c) Paragraphs (e)(ii) and (f)(ii) of subsection (1) are deemed to have come into force and have taken effect as on and from 1 December 2009.

(d) Subsection (1)(e)(iii) is deemed to have come into force and have taken effect as on and from 1 October 2015.

(e) Subsection (1)(e)(iv) is deemed to have come into force and have taken effect as on and from 1 February 1999.

61. Amendment of Part 5 of Schedule 24A to Principal Act (orders pursuant to section 826(1E) in relation to the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting)

61. Part 5 of Schedule 24A to the Principal Act is amended by inserting the following:

“The Multilateral Convention to Implement Tax Treaty Related Measures Order 2018 (S.I. No. 440 of 2018).”.

62. Miscellaneous technical amendments in relation to tax

62. The enactments specified in Schedule 2—

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

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

63. Amendment of section 44 of Forestry Act 1988

63. Section 44 of the Forestry Act 1988 is amended, in subsection (11) (amended by section 67(e) of the Ministers and Secretaries (Amendment) Act 2011), by substituting “paid by the Minister for Finance” for “paid by the Minister for Public Expenditure and Reform”.

64. Care and management of taxes and duties

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

65. Short title, construction and commencement

65. (1) This Act may be cited as the Finance Act 2018.

(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 universal social charge, Part 18D of the Principal Act,

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

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

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

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

(b) universal social charge, shall be construed together with Part 18D of the Principal Act,

(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,

(i) domicile levy, shall be construed together with Part 18C of the Principal Act, and

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

(8) Except where otherwise expressly provided for in Part 1, that Part shall come into operation on 1 January 2019.

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

SCHEDULE 1

Section 51

Amendments to Capital Acquisitions Tax Consolidation Act 2003

The Capital Acquisitions Tax Consolidation Act 2003 is amended—

(a) in section 46 by substituting the following for subsection (7A):

“(7A) The making of enquiries by the Commissioners for the purposes of subsection (7)(a) or the authorising of inspections by the Commissioners under subsection (7)(b) in connection with or in relation to any relevant return (within the meaning given in section 49(6A)(b)) may not be initiated after the expiry of 4 years commencing on—

(a) the date on which the relevant return is received by the Commissioners, or

(b) where the matter of such conditions being satisfied is relevant to the assessment of the tax concerned, the latest date on which all of the conditions for a relief or exemption were required to be satisfied.”,

(b) in section 53A—

(i) in subsection (1)(b) by substituting “year,” for “year.”, and

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

“(c) in the case of an inheritance referred to in section 15(1) or 20(1), the last day of the period of 4 months referred to in section 46(2C).”,

(c) in Part 8 by inserting the following after section 67:

“Payment of tax following determination of an appeal

67A. (1) Where, on the determination of an appeal made under section 67(2) against an assessment of tax, the amount of tax payable by a person is in excess of the amount of tax that the person paid in respect of the assessment before the making of the appeal, the excess shall be due and payable on the same date as the tax charged by the assessment is due and payable.

(2) Notwithstanding subsection (1), where the amount of tax that a person paid before the making of an appeal is not less than 90 per cent of the amount of tax found to be payable on the determination of the appeal, the excess referred to in subsection (1) shall be due and payable not later than one month from the date of the determination of the appeal.”,

(d) in section 90—

(i) in subsection (1)—

(I) by deleting the definitions of “associated company”, “holding company” and “subsidiary”,

(II) by inserting the following after the definition of “full-time working officer or employee”:

“ ‘holding company’ has the meaning assigned to it by section 8(1) of the Companies Act 2014;”,

(III) by substituting “section 93;” for “section 93.” in the definition of “relevant business property”, and

(IV) by inserting the following after the definition of “relevant business property”:

“ ‘subsidiary’ has the meaning assigned to it by section 7 of the Companies Act 2014;

‘undertaking of substantial interest’ shall be construed in accordance with section 314(1)(b) of the Companies Act 2014.”,

and

(ii) in subsection (3) by substituting “undertaking of substantial interest” for “associated company” in each place where it occurs,

and

(e) in section 104 by inserting the following after subsection (3):

“(3A) Where an amount of tax is treated as an amount of capital gains tax for the purposes of this section under section 730GB of the Taxes Consolidation Act 1997, subsection (3) shall not apply in relation to that amount of tax.”.

SCHEDULE 2

Section 62

Miscellaneous Technical Amendments in Relation to Tax

(a) in section 770(1), in the definition of “overseas pension scheme”, by substituting the following for paragraph (a):

“(a) operated or managed by an institution for occupational retirement provision as defined by Article 6(1) of Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016[^18], and”,

(b) in section 790B(1)—

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

“ ‘Directive’ means Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016[^19] on the activities and supervision of institutions for occupational retirement provision (IORPs) (recast);”,

and

(ii) in the definition of “scheme” by substituting “Article 6(4)” for “Article 6(d)”,

and

(c) in Schedule 13—

(i) by deleting paragraphs 19, 91, 105, 118, 129 and 135,

(ii) by inserting the following paragraphs after paragraph 200:

“201. Policing Authority.

(iii) in paragraph 54 by substituting “National Concert Hall.” for “National Concert Hall Company Ltd.”,

(iv) in paragraph 70 by substituting “Fís Éireann - Screen Ireland.” for “The Irish Film Board.”,

(v) in paragraph 102 by substituting “Commission for Regulation of Utilities.” for “Commission for Energy Regulation.”, and

(vi) in paragraph 160 by substituting “Commission for Railway Regulation.” for “The Railway Safety Commission.”.

(a) by deleting the definitions of “Directive 2002/24/EC” and “Directive 2003/37/EC”,

(b) by inserting the following definitions:

“ ‘Regulation 167/2013’ means Regulation (EU) No. 167/2013 of the European Parliament and of the Council of 5 February 2013[^20] on the approval and market surveillance of agricultural and forestry vehicles;

‘Regulation 168/2013’ means Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013[^21] on the approval and market surveillance of two- or three-wheel vehicles and quadricycles;”,

(c) by substituting “ ‘category L1e vehicle’, ‘category L2e vehicle’, ‘category L3e vehicle’, ‘category L4e vehicle’, ‘category L5e vehicle’, ‘category L6e vehicle’ and ‘category L7e vehicle’ have the same meanings as in Regulation 168/2013;” for “ ‘category L1e vehicle’, ‘category L2e vehicle’, ‘category L3e vehicle’, ‘category L4e vehicle’, ‘category L5e vehicle’, ‘category L6e vehicle’ and ‘category L7e vehicle’ have the same meanings as in Directive 2002/24/EC;”,

(d) by substituting “ ‘category T vehicle’, ‘category T1 vehicle’, ‘category T2 vehicle’, ‘category T3 vehicle’ and ‘category T4 vehicle’ have the same meanings as in Article 4 of Regulation 167/2013;” for “ ‘category T1 vehicle’, ‘category T2 vehicle’, ‘category T3 vehicle’, ‘category T4 vehicle’ and ‘category T5 vehicle’ have the same meanings as in Annex II of Directive 2003/37/EC;”, and

(e) in the definition of “type-approval” by substituting “Regulation 167/2013 and Regulation 168/2013” for “Directive 2002/24/EC and Directive 2003/37/EC”.

(a) in section 99B(10) by substituting “section 99AB” for “section 105A”,

(b) in section 105D by substituting “section 960H(4)” for “section 1006A(2A)” in each place, and

(c) in section 109W(c) by substituting “section 104(5)(b)” for “section 105(1)(b)”.

(b) Paragraph (1)(b) shall come into operation on such day as the Minister for Finance may appoint by order.

(c) Paragraph (1)(c) shall come into operation on 1 January 2019.

(d) Paragraphs 2, 3 and 4 shall have effect on and from the passing of this Act.