Finance Act 2021
(30) In relation to information provided to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by a company for the purposes of obtaining an interim or final certificate under this section, the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, in processing such information, shall, for the purposes of section 851A, be deemed to be engaged as a service provider with respect to the administration of this section.
(31) The Revenue Commissioners shall not pay a specified amount to a digital games development company in respect of an interim or final certificate issued after 31 December 2025.
(32) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.
(2) Subsection (1) shall come into operation on such day as the Minister for Finance may appoint by order.
34. Amendment of section 486C of Principal Act (relief from tax for certain start-up companies)
34. Section 486C of the Principal Act is amended—
(a) in subsection (1)(a), by the substitution of the following definition for the definition of “relevant period”:
“ ‘relevant period’, in relation to a qualifying trade, means the period beginning on the day the company commences to carry on the qualifying trade and ending—
(i) 5 years after that date where the company commences to carry on the qualifying trade on or after 1 January 2018, or
(ii) 3 years after that date in all other cases;”,
and
(b) in subsection (2)(a), by the substitution of “31 December 2026” for “31 December 2021”.
35. Amendment of Part 35B of Principal Act (implementation of Articles 7 and 8 of Council Directive (EU) 2016/1164 of 12 July 2016 (controlled foreign companies))
35. Part 35B of the Principal Act is amended by the substitution of the following section for section 835YA:
“835YA. (1) In this section, ‘listed territory’ means—
(a) in relation to an accounting period beginning on or after 1 January 2021 but before 1 January 2022, a territory included in Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes[^22], as replaced by the EU list of non-cooperative jurisdictions for tax purposes Report by the Code of Conduct Group (business taxation) suggesting amendments to the Annexes to the Council conclusions of 18 February 2020[^23],
(b) in relation to an accounting period beginning on or after 1 January 2022, a territory included in Annex 1 of the Council conclusions on the revised EU list of non-cooperative jurisdictions for tax purposes[^24].
(2) Where, in an accounting period of a controlled foreign company, the territory in which the controlled foreign company is resident is a listed territory, sections 835T, 835U and 835V shall not apply in respect of that accounting period.”.
36. Amendment of section 840A of Principal Act (interest on loans to defray money applied for certain purposes)
36. Section 840A of the Principal Act is amended—
(a) in subsection (1), by the insertion of the following definition:
“ ‘loan’ includes a promissory note and any other agreement or arrangement having a similar effect;”,
and
(b) by the substitution of the following subsection for subsection (2):
“(2) Subject to subsections (3), (6), (7) and (8), in computing the amount of the profits or gains to be charged to corporation tax under Schedule D, no sum shall be deducted in respect of—
(a) any interest payable on a loan to a company (in this section referred to as the ‘investing company’) used in acquiring assets from a company which, at the time of the acquiring of the assets, was connected with the investing company, where the loan is made to the investing company by a person who is connected with the investing company, or
(b) any interest payable on any form of refinancing of a loan referred to in paragraph (a).”.
Chapter 6 Capital Gains Tax
37. Amendment of section 604 of Principal Act (disposals of principal private residence)
37. Section 604 of the Principal Act is amended by the insertion of the following subsection after subsection (14):
“(15) (a) This subsection applies where an individual disposes of or of an interest in an asset (being an asset within subsection (2) or (11)) by way of a lottery or game with prizes and the proceeds of the lottery or game exceed the market value of the asset on the date of the disposal.
(b) Where this subsection applies, the consideration for the purposes of computing any chargeable gain accruing on the disposal referred to in paragraph (a) shall be the whole of the proceeds of the lottery or game referred to in paragraph (a) or, where there is more than one prize, so much of those proceeds as are referable to the asset referred to in paragraph (a).
(c) Where—
(i) a gain accrues to an individual on a disposal referred to in paragraph (a), and
(ii) apart from this subsection relief would be given under this section in respect of the disposal referred to in paragraph (a),
then that relief shall be given in respect of the gain only to the extent (if any) to which such relief would be given if, in computing the chargeable gain accruing on the disposal, there were excluded from the computation—
(I) the amount by which the consideration for the disposal of the asset exceeds the market value of the asset on the date of the disposal, and
(II) such proportion of the incidental costs to the individual of the disposal as would be referable to the amount referred to in clause (I).”.
38. Transfers arising from certain mergers under Companies Act 2014
38. Chapter 1 of Part 20 of the Principal Act is amended by the insertion of the following section after section 617:
“617A. The transfer of all the assets and liabilities of a company which is a wholly owned subsidiary of another company (in this section referred to as the ‘parent company’) to the parent company as a consequence of a merger by absorption to which Chapter 3 of Part 9 of, or Chapter 16 of Part 17 of, the Companies Act 2014 applies shall not be treated as involving a disposal by the parent company of the share capital which it held in the subsidiary company immediately before the merger.”.
39. Amendment of section 630 of Principal Act (interpretation (Part 21))
39. Section 630 of the Principal Act is amended by the substitution of the following definition for the definition of “transfer”:
“ ‘transfer’ means the transfer by a company (other than a transfer referred to in section 633D) of the whole or part of its trade in the circumstances set out in section 631(1) or 634(2), as the case may be;”.
PART 2 Excise
40. Rates of tobacco products tax
40. The Finance Act 2005 is amended with effect as on and from 13 October 2021 by the substitution of the following Schedule for Schedule 2:
“SCHEDULE 2
Rates of Tobacco Products Tax
(With effect as on and from 13 October 2021)
”.
41. Amendment of Chapter 1 of Part 2 of Finance Act 1999 (mineral oil tax)
41. The Finance Act 1999 is amended—
(a) in section 94, in subsection (3A), by the deletion of “, save where the reference occurs in subsections (1) and (5)(c) of section 99A”, and
(b) in section 99A(1), in the definition of “qualifying motor vehicle”, by the substitution of the following paragraph for paragraph (b):
“(b) a motor vehicle designed and constructed for the carriage of passengers by road, and falling within Category M2 or Category M3 referred to in Article 4(1)(a) of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018[^25];”.
42. Amendment of Schedule 2 to Finance Act 1999 (mineral oil tax)
42. The Finance Act 1999 is amended with effect as on and from 1 April 2022 by the substitution of the following Schedule for Schedule 2:
“SCHEDULE 2
Rates of Mineral Oil Tax
”.
43. Amendment of Chapter 1 of Part 2 of Finance Act 2003 (alcohol products tax)
43. The Finance Act 2003 is amended—
(a) in section 73, in subsection (1)—
(i) by the deletion of the definition of “CN Code”, and
(ii) by the substitution of the following definition for the definition of “Directive”:
“ ‘Directive’ means Council Directive 92/83/EEC of 19 October 1992[^26], as amended by Council Directive (EU) 2020/1151 of 29 July 2020[^27];”,
(b) in section 77—
(i) by the substitution of the following paragraph for paragraph (c):
“(c) to have been used as part of the manufacturing process of any product not for human consumption, where the alcohol has been denatured in accordance with the requirements of any Member State applicable to that use, and such denatured alcohol—
(i) has been incorporated into the product concerned, or
(ii) is used for maintenance and cleaning of the manufacturing equipment used for the manufacturing process concerned,”,
and
(ii) by the substitution of the following paragraph for paragraph (d):
“(d) to have been completely denatured in accordance with the requirements of another Member State, where it has been released for consumption, where such requirements have been notified to the European Commission and accepted in accordance with paragraphs 3 and 4 of Article 27 of the Directive,”,
and
(c) by the insertion of the following section after section 78A:
“Certification of small producers
78B. (1) A producer of alcohol products established in the State—
(a) availing of relief under section 78A in the State, or
(b) availing of reduced rates of duty in accordance with Article 4, 9a, 13a, 18a or 22 of the Directive in another Member State,
shall, in accordance with such conditions as the Commissioners may prescribe, provide declarations as to—
(i) the compliance of the producer with the criteria set out in Article 4, 9a, 13a, 18a or 22 of the Directive, as may be applicable, and
(ii) the total annual production of the producer in the previous year.
(2) A consignor of alcoholic products referred to in subsection (1) shall ensure that the declarations referred to in that subsection are made in the electronic administrative document (within the meaning of Chapter 2A of Part 2 of the Finance Act 2001) or the simplified accompanying document (within the meaning of Part 2 of the Finance Act 2001), as the case may be, relating to the consignment of those products.”.
44. Amendment of section 78A of Finance Act 2003 (relief for small breweries)
44. Section 78A of the Finance Act 2003 is amended, in subsection (1), by the substitution of “brewed in a brewery” for “brewed in the European Union in a brewery”.
45. Waiver of excise duty on renewal of certain liquor licences, public dancing licences and certificates of registration of clubs
45. (1) Subject to subsection (3), no duty of excise shall be chargeable, leviable or payable under section 43 of the Finance (1909-1910) Act 1910 on the renewal, for the period from 1 October 2021 to 30 September 2022, of the following licences for the sale of intoxicating liquor specified in the First Schedule to that Act:
(a) retailers’ on-licences;
(b) passenger vessel licences;
(c) railway restaurant car licences;
(d) passenger aircraft licences.
(2) Subject to subsection (3), no duty of excise shall be chargeable, leviable or payable—
(a) under section 171(1) of the Finance Act 2001 on the renewal, for the period from 1 October 2021 to 30 September 2022, of a licence granted under section 2 of the Intoxicating Liquor (National Concert Hall) Act 1983,
(b) under section 105(1) of the Finance Act 2000 on the renewal, for the period from 1 October 2021 to 30 September 2022, of a licence granted under section 62 of the National Cultural Institutions Act 1997,
(c) under section 21(5) of the Intoxicating Liquor Act 2003 on the renewal, for the period from 1 October 2021 to 30 September 2022, of a licence issued under section 21(3) of that Act,
(d) under section 1(7) of the Intoxicating Liquor (Breweries and Distilleries) Act 2018 on the renewal, for the period from 1 October 2021 to 30 September 2022, of a producer’s retail licence issued under section 1(2) of that Act authorising the sale of intoxicating liquor in accordance with section 1(6)(a) of that Act, or
(e) under section 1(8) of the Intoxicating Liquor (National Conference Centre) Act 2010 on the renewal, for the period from 1 October 2021 to 30 September 2022, of a licence issued under section 1(2) of that Act.
(3) Subsections (1) and (2) shall apply to licences referred to in those subsections that expired on 30 September 2021.
(4) No duty of excise shall be chargeable, leviable or payable—
(a) under section 78(2) of the Finance Act 1980 on the renewal, in the year 2021, of a public dancing licence granted under section 2 of the Public Dance Halls Act 1935, or
(b) under section 48(2) of the Finance Act 1989 on the renewal, in the year 2021, of a certificate of registration of a club granted under the Registration of Clubs (Ireland) Act 1904.
46. Waiver of excise duty on special exemption orders
46. No duty of excise shall be chargeable, leviable or payable under section 78(4) of the Finance Act 1980 on a special exemption order granted under section 5 of the Intoxicating Liquor Act 1927 in respect of dates falling within the period beginning on 22 October 2021 and ending on 31 December 2021.
47. Amendment of Part 2 of Finance Act 2001 (excise)
47. (1) Part 2 of the Finance Act 2001 is amended—
(a) in section 96—
(i) in subsection (1)—
(I) in the definition of “authorised warehousekeeper”—
(A) in paragraph (a), by the substitution of “process, hold or store” for “process, or hold”, and
(B) in paragraph (b), by the substitution of “authority” for “authorities”,
(II) by the substitution of the following definition for the definition of “Directive”:
“ ‘Directive’ means Council Directive (EU) No. 2020/262 of 19 December 2019[^28];”,
(III) in the definition of “European Union”, by the substitution of the following paragraph for paragraph (f):
“(f) in the case of France, the territories referred to in Article 349 and Article 355(1) of the Treaty on the Functioning of the European Union, and”,
(IV) in the definition of “registered consignee”, by the deletion of “other than an authorised warehousekeeper or an exempt consignee,” in each place where it occurs,
(V) in the definition of “registered consignor”—
(A) by the substitution of “only dispatch” for “consign” in each place where it occurs, and
(B) by the substitution of “Article 201 of the Council Regulation” for “Article 79 of Council Regulation (EEC) No. 2913/92” in each place where it occurs,
(VI) in the definition of “suspension arrangement”, by the substitution of “held, stored or moved” for “held or moved”,
(VII) in the definition of “tax warehouse”, by the substitution of “held, stored, received or dispatched” for “held, received or dispatched” in each place where it occurs, and
(VIII) by the insertion of the following definitions:
“ ‘certified consignee’ means, as the case requires—
(a) a person registered with the Commissioners in accordance with section 109RA(4) in order to receive, in the course of business, excisable products that have been released for consumption in another Member State and then moved to the State, or
(b) a person registered with a competent authority in another Member State in order to receive, in the course of business, excisable products that have been released for consumption in the Member State of dispatch and then moved to the first-mentioned Member State;
‘certified consignor’ means, as the case requires, either—
(a) a person registered with the Commissioners in accordance with section 109RA(4) in order to dispatch, in the course of business, excisable products that have been released for consumption in the State to another Member State, or
(b) a person registered with the competent authority of another Member State in order to dispatch, in the course of business, excisable products that have been released for consumption in that Member State and then moved to another Member State;
‘Commission Regulation’ means Commission Regulation (EC) No. 684/2009 of 24 July 2009[^29];
‘computerised system’ means the system referred to in Article 1 of Decision (EU) 2020/263 of the European Parliament and of the Council of 15 January 2020[^30];
‘consignment’ has the meaning, as the case requires, assigned to it by section 109B or section 109Q;
‘Council Regulation’ means Regulation (EU) No. 952/2013 of the European Parliament and of the Council of 9 October 2013[^31] laying down the Union Customs Code;
‘declarant’ means the declarant as defined in point (15) of Article 5 of the Council Regulation;
‘destination Member State’, in respect of a consignment, means the Member State where, as the case may be, the designated consignee, place of exportation, or certified consignee for that consignment is located;
‘electronic change of destination document’ means a document that complies with the requirements set out in Table 3 of Annex 1 of the Commission Regulation;
‘importation’ means the release of goods for free circulation in accordance with Article 201 of the Council Regulation;
‘irregular entry’ means an entry of goods into the territory of the European Union, which have not been placed under release for free circulation in accordance with Article 201 of the Council Regulation and for which a customs debt under Article 79(1) of that Regulation has been incurred, or would have been incurred if the goods had been subject to customs duty;
‘irregularity’ means an occurrence during a movement of excisable products made under Chapter 2B that has not been ended in accordance with the provisions of that Chapter;
‘irregular release’ means an occurrence giving rise to a release for consumption during a movement of excisable products made under Chapter 2A that has not been ended in accordance with the provisions of that Chapter;
‘Member State of dispatch’ means the Member State from which a consignment is dispatched;
‘paper confirmation of receipt’ has the meaning, as the case requires, assigned to it by section 109N(1), section 109TA(1) or section 109VA(3);
‘place of importation’ means a place where excisable products are released for free circulation in accordance with Article 201 of the Council Regulation;
‘report of receipt’ means a report by means of the computerised system, in accordance with (as the case may be)—
(a) Article 24(1) of the Directive, certifying that a consignment has been received by a designated consignee, or
(b) Article 37(1) of the Directive certifying a consignment has been received by a certified consignee;
‘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[^32];”,
and
(ii) by the insertion of the following subsection after subsection (3):
“(4) A reference in any other enactment to Council Directive No. 2008/118/EC of 16 December 2008[^33] shall be construed as a reference to the Directive.”,
(b) by the substitution of the following section for section 98:
“Importation from outside territory of European Union
98. (1) The Commissioners may require that, on the importation of excisable products from outside the territory of the European Union, the person who declares such products for free circulation in accordance with Article 201 of the Council Regulation shall provide such information as they require for the correct accounting for, and payment of, any excise duty that is payable on such products.
(2) Where the excisable products referred to in subsection (1) are to be moved upon release for free circulation from the place of importation in the State under a suspension arrangement, the declarant or any person directly or indirectly involved in the accomplishment of customs formalities in accordance with Article 15 of the Council Regulation shall provide to the Commissioners—
(a) the unique excise number in the SEED register identifying the registered consignor for the movement,
(b) the unique excise number in the SEED register identifying the consignee to whom the excisable products are being dispatched, and
(c) if the movement is to be made in accordance with Chapter 2A, such evidence as the Commissioners may require to show that the imported excisable products are intended to be dispatched from the State to another Member State.”,
(c) in section 98A—
(i) by the substitution of the following subsection for subsection (1):
“(1) In this Part ‘release for consumption’ means—
(a) any release, including irregular release, of excisable products from a suspension arrangement,
(b) any production, processing or extraction, including irregular production, processing or extraction, of excisable products outside a suspension arrangement,
(c) any importation of excisable products from outside the European Union or any arrival in the State of products from within the European Union, except where the excisable products are, immediately upon such importation or arrival, placed under a suspension arrangement, or
(d) any irregular entry of excisable products, except where the customs debt was extinguished under points (e), (f), (g) or (k) of Article 124(1) of the Council Regulation.”,
(ii) in subsection (3), by the insertion of “or stored” after “held”,
(iii) by the substitution of the following subsection for subsection (4):
“(4) Without prejudice to subsection (1), excisable products shall be deemed not to have been released for consumption where they are shown to the satisfaction of the Commissioners to have been totally or partially lost—
(a) during production, processing, holding or storage in the State, or
(b) in the course of movement to, from or within the State,
under a suspension arrangement, and where such loss is shown to their satisfaction to have been—
(i) due to unforeseen circumstances or force majeure,
(ii) in the case of a loss referred to in paragraph (a), due to the nature of the excisable products, or
(iii) the result of destruction in accordance with such procedures as the Commissioners may require.”,
(iv) by the insertion of the following subsections after subsection (4):
“(4A) Where excisable products are shown to the satisfaction of the Commissioners to have been partially lost during transport to the State from another Member State, and the loss is shown to their satisfaction to have been due to the nature of the excisable products, the products shall, unless an officer has reasonable grounds to suspect that a fraud or an irregular release has occurred in connection with the excisable products, be deemed not to have been released for consumption in so far as the amount of loss falls below a common partial loss threshold established in delegated acts adopted by the Commission in accordance with Article 51 of the Directive.
(4B) Where the Commissioners are satisfied that destruction or loss, as referred to in subsection (4), of the excisable products has been established and that no release for consumption has occurred, any security provided in accordance with section 109(7) or 109A(8), as the case may be, shall be released fully or partially, as appropriate, upon the production of satisfactory proof of such destruction or loss.”,
(v) in subsection (5), by the substitution of “this section” for “subsection (4)”, and
(vi) in subsection (7), by the insertion of “and in such circumstances, the Commissioners shall inform the competent authority of the Member State of dispatch” after “so occurred”,
(d) by the insertion of the following section after section 98A:
“Chargeability of excisable products released for consumption
98B. (1) In the case of a movement of excisable products delivered to the State in accordance with Chapter 2B, excise duty shall not be chargeable in the State on such products where the products are shown to the satisfaction of the Commissioners to have been totally or partially lost in the course of movement to the State from the Member State in which they were released for consumption, and where such loss is shown to have been—
(a) due to unforeseen circumstances or force majeure, or
(b) the result of destruction in accordance with such procedures as the Commissioners may require.
(2) Where excisable products are shown to the satisfaction of the Commissioners to have been partially lost in the State during transport from another Member State in which they were released for consumption, and the loss is shown to the satisfaction of the Commissioners to have been due to the nature of the excisable products, excise duty on those products shall, unless an officer has reasonable grounds to suspect that a fraud or an irregularity has occurred in connection with the excisable products, not be chargeable in so far as the loss falls below a common partial loss threshold established in delegated acts adopted by the Commission in accordance with Article 51 of the Directive.
(3) Where the Commissioners are satisfied that destruction or loss, as referred to in subsection (1), of the excisable products has been established and that excise duty shall not be chargeable on those excisable products, the security referred to in section 109SB(1) or 109U, as the case may be, shall be released fully or partially, as appropriate, upon the production of satisfactory proof of such destruction or loss.
(4) In the case of an irregularity occurring during the movement of excisable products released for consumption in another Member State, excise duty shall become chargeable on the products in the State if the irregularity occurred in the State or, where it is not possible to determine where the irregularity occurred, if it is detected in the State.
(5) For the purposes of this section, excisable products are destroyed when they are rendered unusable as excisable products.”,
(e) in section 99—
(i) by the substitution of the following subsection for subsection (3):
“(3) A registered consignor is liable for payment of the excise duty on any consignment dispatched by such registered consignor to another Member State under section 109E(1)(b) or to a place in the State, and that liability is fully or partly discharged where, and to the extent that, the consignment concerned has been (as the case may be)—
(a) received, under a suspension arrangement, into a tax warehouse in the State, or
(b) ended in accordance with subsection (1) of section 109K, and evidence to that effect has been received in accordance with subsection (2) of that section.”,
(ii) by the insertion of the following subsections after subsection (4):
“(4A) A certified consignee is liable for payment of excise duty on excisable products delivered to such certified consignee in the State in accordance with Chapter 2B.
(4B) Where excisable products are delivered to a person in the State in accordance with Chapter 2B and the person is not registered with the Commissioners in accordance with section 109RA(4), that person shall be liable for payment of excise duty on the excisable products.”,
(iii) by the substitution of the following subsection for subsection (5):
“(5) Without prejudice to the liability of any person under subsection (1), (3), (4), (4A) or (4B), where an irregular release of excisable products from a suspension arrangement or an irregularity in a movement of excisable products in accordance with Chapter 2B gives rise to a liability to excise duty, any person who knowingly participated in that irregular release or irregularity, as the case may be, is liable for payment of that excise duty.”,
(iv) by the insertion of the following subsection after subsection (6):
“(6A) Where a tax representative is not appointed in accordance with section 109U or a tax representative so appointed fails to comply with the requirements of that section or with regulations made under section 153, the person liable to pay the excise duty is the person to whom the excisable products are consigned.”,
(v) in subsection (7)—
(I) by the insertion of “or there is an irregular entry of such products into the State” after “outside the European Union”,
(II) in paragraph (a), by the substitution of “Article 201 of the Council Regulation, or any person who participated in the irregular entry, as the case may be” for “Article 79 of Council Regulation (EEC) No. 2913/92”, and
(III) in paragraph (b)—
(A) by the insertion of “or in the case of an irregular entry of such products” after “free circulation”,
(B) in subparagraph (i), by the insertion of “or participates in the irregular entry of” after “who imports”, and
(C) in subparagraph (ii), by the insertion of “or irregular entry” after “importation” in each place where it occurs,
(vi) in subsection (8)—
(I) by the insertion of “, extracted or processed” after “produced”,
(II) in paragraph (a), by the insertion of “, extractor or processor” after “the producer”, and
(III) in paragraph (b), by the insertion of “, extraction or processing” after “the production” in each place where it occurs,
(vii) in subsection (9)—
(I) in paragraph (b), by the insertion of “, held or stored” after “kept”, and
(II) in subparagraph (ii), by the insertion of “held, stored” after “kept,”,
and
(viii) in subsection (10)—
(I) in paragraph (b)—
(A) by the insertion of “, storage” after “holding”, and
(B) by the insertion of “or stored” after “held”,
and
(II) by the substitution of “who holds or stores them” for “who holds them”,
(f) in section 104—
(i) in subsection (5)—
(I) in paragraph (a), by the substitution of “section 109SA or section 109VA,” for “section 109V, or”,
(II) in paragraph (b), by the substitution of “section 109W, or” for “section 109W.”, and
(III) by the insertion of the following paragraph after paragraph (b):
“(c) have been dispatched to another Member State in accordance with section 109SA or section 109VA, where an irregularity occurred or was detected during the movement.”,
and
(ii) by the insertion of the following subsection after subsection (5):
“(5A) A repayment of excise duty for the purposes of subsection (5)(a) shall be on the basis of a report of receipt received from the competent authority in the destination Member State in accordance with section 109SC(4) or 109VA(3), as the case may be.”,
(g) in section 108A—
(i) in subsection (1)(b), by the insertion of “or storage” after “holding”, and
(ii) in subsection (4), by the insertion of “or stored” after “held” in each place where it occurs,
(h) in section 109—
(i) in subsection (3)(i), by the substitution of “held, stored or processed” for “held or processed”,
(ii) in subsection (4)—
(I) by the substitution of “subsections (2), (2A) and (3)” for “subsections (2) and (3)”, and
(II) in paragraph (b), by the substitution of “held or stored” for “held”,
(iii) in subsection (7)(a), by the substitution of “held or stored” for “held”,
(iv) in subsection (11), by the substitution of “held or stored” for “held”, and
(v) in subsection (12)(h), by the substitution of “held, stored or processed” for “held or processed”,
(i) in section 109B—
(i) in the definition of “administrative reference code”, by the substitution of “Article 20(3)” for “Article 21(3)”,
(ii) in the definition of “customs electronic data”, by the substitution of “Chapter 2 of Title II of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015[^34]” for “Chapter 3 of Title IV of Commission Regulation (EEC) No. 2454/93 of 2 July 1993”,
(iii) in the definition of “customs office of exit”, by the substitution of “Article 329(5) of Commission Implementing Regulation (EU) 2015/2447” for “Article 793(2) of Commission Regulation (EEC) No. 2454/93”,
(iv) in the definition of “customs office of export”, by the substitution of “Article 221 of Commission Implementing Regulation (EU) 2015/2447” for “Article 161(5) of Council Regulation (EEC) No. 2913/92”,
(v) by the insertion of the following definition:
“ ‘customs special procedure’ means any one of the special procedures provided for under the Council Regulation relating to the customs supervision to which non-European Union goods are subjected upon their entry into the European Union customs territory, temporary storage, free zones or free warehouses, as well as any of the procedures referred to in Article 210 of that Regulation;”,
(vi) in the definition of “electronic administrative document”, by the substitution of “Article 20(2)” for “Article 21(2)”,
(vii) in the definition of “small wine producer”—
(I) by the substitution of “per wine year” for “per year”,
(II) by the substitution of “Article 48” for “Article 40”, and
(III) by the substitution of “Articles 14 to 31” for “Chapters III and IV”,
and
(viii) by the deletion of the definitions of “Commission Regulation”, “computerised system”, “customs suspensive arrangement”, “destination Member State”, “Member State of dispatch”, “paper confirmation of receipt”, “place of importation”, “report of receipt” and “SEED register”,
(j) in section 109C—
(i) in subsection (2)(a), by the substitution of “the Directive” for “Council Directive No. 2008/118/EC”, and
(ii) in subsection (3), by the substitution of “customs special procedure” for “customs suspensive arrangement”,
(k) in section 109E—
(i) in subsection (2)—
(I) in paragraph (c), by the substitution of “exportation,” for “exportation, or”,
(II) in paragraph (d), by the substitution of “consignee, or” for “consignee,” and
(III) by the insertion of the following paragraph after paragraph (d):
“(e) the customs office of exit, where that office is also the customs office of departure for the external transit procedure where provided for in Article 189(4) of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015[^35],”,
(ii) in subsection (4)—
(I) by the substitution of the following paragraph for paragraph (a):
“(a) the administrative reference code, and”,
and
(II) by the substitution of “such code” for “such document”,
and
(iii) by the insertion of the following subsection after subsection (4):
“(5) Where an officer deems it appropriate, the officer may request the consignor, or any person acting on behalf of such consignor, to make available a printed copy of the electronic administrative document or a commercial document with the same information.”,
(l) in section 109H—
(i) in subsection (1), by the insertion of “, using the computerised system,” after “electronic administrative document”,
(ii) in subsection (2)—
(I) by the insertion of “or the consignee of the excisable products” after “destination of the consignment”, and
(II) by the insertion of “and, for that purpose, the consignor shall submit a draft electronic change of destination document to the Commissioners using the computerised system” after “subsection 109E(2)”,
(iii) in subsection (4), by the insertion of the following paragraph after paragraph (b):
“(c) Paragraphs (a) and (b) shall not apply to the movements referred to in paragraphs (c) and (e) of section 109E(2).”,
and
(iv) by the insertion of the following subsections after subsection (4):
“(5) (a) In the case of a consignment from another Member State dispatched to a place of exportation in the State, where the excisable products are no longer to be taken out of the European Union customs territory, the Commissioners shall, subject to subsection (7), by means of the computerised system notify the competent authority in the Member State of dispatch of that fact as soon as they become aware thereof.
(b) In the case of a consignment dispatched from a place in the State to a place of exportation in another Member State, where the excisable products are no longer to be taken out of the European Union customs territory, the Commissioners shall, upon receipt of notification of that fact from the Member State of export, forward the notification without delay to the consignor.
(6) On receipt of a notification under subsection (5)(b), the consignor shall cancel the electronic administrative document in accordance with subsection (1) or amend the destination of the products in accordance with subsection (2), as appropriate.
(7) A notification referred to in subsection (5)(a) may, until 13 February 2024, be made by means other than the computerised system.”,
(m) in section 109I—
(i) by the substitution of the following subsection for subsection (5):
“(5) Where a consignment is under cover of a paper document, the consignor may, in accordance with such procedures as the Commissioners may prescribe—
(a) change the destination for that consignment, as recorded in that paper document, to any other destination that is allowable under section 109E(2), or
(b) in the case of a consignment of mineral oil, split the consignment in accordance with section 109H(3A),
and shall inform the Commissioners before the change of destination or the splitting of the consignment is initiated.”,
and
(ii) by the insertion of the following subsection after subsection (5):
“(6) Where the computerised system is unavailable to the consignor in the cases referred to in section 109E(2)(c) and (e)—
(a) the consignor shall provide a copy of the paper document referred to in subsection (1)(b) to the declarant, and
(b) the declarant, on receipt of the paper document, shall provide the customs office of export with a copy of that paper document, the contents of which shall correspond to the excisable products declared in the export declaration, or the unique identifier of the paper document.”,
(n) in section 109J—
(i) in subsection (6)(b), by the substitution of “Article 26(1)” for “Article 26(3)”,
(ii) in subsection (7), by the substitution of “subsection (1)(c)” for “section 109J(1)(c)”, and
(iii) by the insertion of the following subsection after subsection (7):
“(8) In the case of a consignment referred to in subsection (1)(d)—
(a) the declarant shall provide the Commissioners with the administrative reference code indicating the excisable products referred to in the export declaration,
(b) before the release for export of the excisable products, the Commissioners shall verify that the data in the electronic administrative document correspond to those contained in the export declaration, and
(c) where there are any inconsistencies between the electronic administrative document and the export declaration, the Commissioners shall notify the competent authority in the Member State of dispatch using the computerised system.”,
(o) in section 109K(1)—
(i) in paragraph (a), by the substitution of “consignment,” for “consignment, and”,
(ii) in paragraph (b), by the substitution of “European Union, or” for “European Union.”, and
(iii) by the insertion of the following paragraph after paragraph (b):
“(c) in a case referred to in section 109E(2)(e), when the goods are placed under the external transit procedure.”,
(p) in section 109L, by the insertion of the following subsection after subsection (3):
“(4) Where a consignment begins in the State, the Commissioners shall forward the report of receipt to the consignor.”,
(q) in section 109M(1)—
(i) by the substitution of the following paragraph for paragraph (a):
“(a) a consignor in the State and has been duly verified, or”,
and
(ii) in paragraph (b), by the substitution of “Article 21(1)” for “Article 21. 5”,
(r) in section 109N(3), by the substitution of “authority” for “authorities”,
(s) in section 109O(2), by the substitution of “Commission Delegated Regulation (EU) 2018/273 of 11 December 2017[^36]” for “Commission Regulation EC No. 884/2001 of 24 April 2001”,
(t) by the substitution of the following section for section 109Q:
“Interpretation (Chapter 2B)
109Q. In this Chapter—
‘consignment’ means the single movement to a Member State of a specific quantity of excisable products that have been released for consumption in another Member State;
‘electronic simplified administrative document’ means the electronic simplified administrative document referred to in Article 36(1) of the Directive;
‘simplified administrative reference code’ means the unique simplified administrative reference code to be assigned to the draft electronic simplified administrative document, in accordance with Article 36(2) of the Directive.”,
(u) in section 109R(2), by the substitution of “the Directive” for “Council Directive No. 2008/118/EC”,
(v) by the insertion of the following section after section 109R:
“Movement of excisable products for commercial purposes
109RA. (1) (a) A consignment may be dispatched from the State to another Member State for commercial purposes only where the person who dispatches it is a certified consignor and the consignment is to be delivered to a certified consignee.
(b) A consignment may be delivered to the State for commercial purposes only where the person who receives it is a certified consignee and the person who dispatches it is a certified consignor.
(2) Where a consignment is dispatched from the State to another Member State in accordance with subsection (1)(a)—
(a) the consignment begins when the excisable products leave the premises of a certified consignor or any other location in the State, and
(b) the certified consignor shall notify the Commissioners using the computerised system of the consignment before it begins.
(3) Where a consignment is delivered to the State in accordance with subsection (1)(b)—
(a) the certified consignee shall notify the Commissioners using the computerised system of the consignment before it begins, and
(b) the consignment shall end when the certified consignee has taken delivery of the excisable products at his or her premises, or at any other location in the State.
(4) (a) A certified consignor in the State and a certified consignee in the State shall be registered as such with the Commissioners for such periods and subject to such conditions as the Commissioners may think fit to impose in any particular case.
(b) The Commissioners may at any time for reasonable cause revoke any registration granted under paragraph (a), or vary its terms.
(c) Where the Commissioners propose to revoke a registration under paragraph (b), they shall notify the holder of that registration in writing of that intention, and afford such holder an opportunity to make representations to them in relation to the matter.
(5) (a) Where a certified consignor or certified consignee sends or receives excisable products only occasionally, the Commissioners shall limit the registration of the certified consignor or certified consignee (as the case may be) to—
(i) a specified quantity of excisable products,
(ii) a single consignee, in the case of a certified consignor, or a single consignor, in the case of a certified consignee, and
(iii) a specified period of time,
(in this subsection referred to as a ‘temporary registration’) and the temporary registration may be limited to a single movement of excisable products.
(b) The Commissioners may grant a temporary registration to a person who is not a certified consignor or a certified consignee where excisable products are dispatched by or delivered to the person for commercial purposes.”,
(w) by the insertion of the following sections after section 109S:
“Consignment of excisable products, duty-paid in the State, to another Member State for commercial purposes
109SA. (1) Except where section 109VA applies, where a certified consignor dispatches a consignment from the State to another Member State, the certified consignor shall submit a draft electronic simplified administrative document to the Commissioners using the computerised system.
(2) The Commissioners shall carry out an electronic verification of the data in the draft electronic simplified administrative document.
(3) Where the data in the draft electronic simplified administrative document are verified in accordance with subsection (2), the Commissioners shall assign to the document a simplified administrative reference code and forward it without delay to the certified consignor and to the competent authority of the destination Member State.
(4) Where the data in the draft electronic simplified administrative document cannot be verified in accordance with subsection (2), the Commissioners shall, without delay, advise the certified consignor accordingly by means of the computerised system.
(5) The certified consignor shall ensure that a consignment under cover of the electronic simplified administrative document is accompanied at all times by a simplified administrative reference code and that such code is made available on request to an officer.
(6) Where a consignment has been dispatched to a certified consignee, the certified consignor may, using the computerised system, subject to verification under subsection (2), amend the destination of the consignment to—
(a) another place of delivery in the destination Member State operated by that certified consignee, or
(b) the place of dispatch,
and, for that purpose, the certified consignor shall submit a draft electronic change of destination document to the Commissioners using the computerised system.
(7) An authorised warehousekeeper or registered consignor may act as a certified consignor for the purposes of this Chapter after having notified the Commissioners and complied with such conditions as the Commissioners may prescribe.
Consignment to the State of excisable products released for consumption in another Member State for commercial purposes
109SB. (1) Where a consignment is delivered to the State by a certified consignor to a certified consignee, the certified consignee shall, in advance of the dispatch of the consignment and subject to such conditions as the Commissioners may prescribe or otherwise require—
(a) notify the Commissioners in such form as they may prescribe or otherwise require,
(b) provide security, valid throughout the European Union, for the excise duty on such consignment,
(c) pay the excise duty on the excisable products consigned.
(2) A consignment referred to in subsection (1) shall at all times be under cover of—
(a) an electronic simplified administrative document, or
(b) in any case where the computerised system was unavailable at the time of the consignment, and Article 38 of the Directive applied for the time being, a paper document containing all the data required for an electronic simplified administrative document,
and where the Commissioners receive the document referred to in paragraph (a) from the competent authority of the Member State of dispatch, the Commissioners shall forward it without delay to the certified consignee.
(3) An authorised warehousekeeper or registered consignee may act as a certified consignee for the purposes of this Chapter after having notified the Commissioners and complying with such conditions as the Commissioners may prescribe.
Report of receipt of duty-paid consignment
109SC. (1) Except where section 109TA applies, where a consignment has been delivered to a certified consignee in accordance with section 109SB, the certified consignee shall, without delay and no later than five working days after the end of the movement, submit a report of receipt to the Commissioners, using the computerised system.
(2) The Commissioners shall carry out an electronic verification of the data in each report of receipt submitted to them under subsection (1).
(3) (a) Where the data in the report of receipt are verified in accordance with subsection (2), the Commissioners shall by means of the computerised system confirm the registration of that report to the certified consignee and forward it to the competent authority of the Member State of dispatch.
(b) Where the data in the report of receipt cannot be verified in accordance with subsection (2), the Commissioners shall advise the certified consignee accordingly without delay.
(4) Where a consignment is dispatched from the State in accordance with section 109SA, the Commissioners shall, on receipt of a report of receipt from the competent authority of the destination Member State, forward the report of receipt to the certified consignor.
(5) A report of receipt referred to in subsection (4) shall, unless and until there is evidence to the contrary, be evidence that a consignment has been delivered to the certified consignee and that any excise duty due on the consignment in the destination Member State has been paid.”,
(x) by the repeal of section 109T,
(y) by the insertion of the following section after section 109T:
“Consignment to the State where computerised system is unavailable
109TA. (1) (a) Where a report of receipt cannot be submitted in accordance with section 109SC, either because—
(i) the computerised system is unavailable to the certified consignee in the State, or
(ii) the consignment remains, for the time being, under cover of the paper document in accordance with section 109SB(2)(b),
the certified consignee shall submit to the Commissioners a paper confirmation of receipt containing all the data required for a report of receipt and stating that the movement has ended.
(b) Where a paper confirmation of receipt has been submitted in accordance with paragraph (a), the Commissioners shall forward a copy of the paper confirmation of receipt to the competent authority of the Member State of dispatch.
(c) Where a paper confirmation of receipt has been submitted in accordance with paragraph (a), and as soon as subparagraph (i) or (ii) (as the case may be) of paragraph (a) no longer applies, the certified consignee shall submit a report of receipt for the consignment by means of the computerised system in accordance with section 109SC.
(2) (a) A paper confirmation of receipt, as referred to in subsection (1), shall, unless and until there is evidence to the contrary, be evidence that a consignment has been delivered to the certified consignee and that any excise duty due on the consignment in the destination Member State has been paid.
(b) Without prejudice to paragraph (a), the Commissioners may, in any case where evidence under that paragraph is unavailable, accept alternative evidence that a consignment has ended.”,
(z) by the repeal of section 109V,
(aa) by the insertion of the following section after section 109V:
“Unavailability of the computerised system to a certified consignor in the State
109VA. (1) Where the computerised system is unavailable to a certified consignor, the consignor may dispatch a consignment where—
(a) before the consignment is dispatched—
(i) the consignor informs the Commissioners of the consignment in such form as they may prescribe or otherwise require, and
(ii) the consignment is under cover of the paper document containing all the data required for an electronic simplified administrative document,
and
(b) the consignor complies with such other requirements, including the keeping of records, as the Commissioners may prescribe or otherwise require.
(2) (a) A certified consignor who has consigned in accordance with subsection (1) shall, as soon as the computerised system is available to that consignor, submit a draft electronic simplified administrative document in accordance with section 109SA(1) for the consignment.
(b) From such time as a simplified administrative reference code is assigned to the draft electronic simplified administrative document submitted in accordance with paragraph (a), the consignment is under cover of that document, and subject to the provisions of this Chapter that relate to the computerised system.
(3) Where, in respect of a consignment to another Member State, the Commissioners receive a paper confirmation of receipt containing all the data required for a report of receipt from the competent authority of the destination Member State and this has been accepted by the Commissioners—
(a) it shall, unless and until there is evidence to the contrary, be evidence that the consignment has been delivered to the certified consignee and that any excise duty due on the consignment in the destination Member State has been paid, and
(b) the Commissioners shall forward the paper confirmation of receipt to the certified consignor.
(4) Where a consignment has been dispatched to a certified consignee under cover of a paper document, the certified consignor may, in accordance with such procedures as the Commissioners may prescribe, change the destination of the consignment to—
(a) another place of delivery in the destination Member State operated by that certified consignee, or
(b) the place of dispatch,
and the certified consignor shall inform the Commissioners of the change of destination before the change is made.”,
(ab) by the insertion of the following section after section 109X:
“Transitional arrangements
109Y. (1) From 13 February 2023 until 31 December 2023, a consignment to the State for commercial purposes—
(a) may be under cover of the simplified accompanying document, and
(b) may be delivered to a person other than a certified consignee.
(2) The person referred to in subsection (1)(b) shall, in advance of the dispatch of a consignment in accordance with that subsection and subject to such conditions as the Commissioners may prescribe—
(a) notify the Commissioners in such form as they may prescribe,
(b) provide security, valid throughout the European Union, for the excise duty on such consignment, and
(c) pay the excise duty on the excisable products consigned.
(3) The Commissioners may prescribe the procedure for receiving a consignment under the simplified accompanying document in accordance with subsection (1).”,
(ac) in section 122—
(i) in clause (III), by the substitution of “section 109IA” for “section 109IA, or”,
(ii) in clause (IV), by the substitution of “section 109U, or” for “section 109U”, and
(iii) by the insertion of the following clause after clause (IV):
“(V) registration as a certified consignor or certified consignee under section 109RA(4),”,
(ad) in section 125A(1), by the substitution of “products held or stored for wholesale” for “products held for wholesale”,
(ae) in section 131(3)—
(i) in paragraph (a), by the substitution of “processes, holds or stores” for “processes or holds”, and
(ii) in paragraph (b), by the substitution of “section 109SB” for “section 109T”,
(af) in section 136(3A), by the substitution of the following paragraph for paragraph (b):
“(b) for any declaration under the Council Regulation, Commission Delegated Regulation (EU) 2015/2446, Commission Delegated Regulation (EU) 2016/341 of 17 December 2015[^37], Commission Implementing Regulation (EU) 2015/2447 or the Customs Act 2015 in relation to such foreign packet,”,
(ag) in section 144A(2), by the insertion of the following paragraph after paragraph (d):
“(da) the registration of a certified consignor or a certified consignee under section 109RA(4),”,
(ah) in section 146(1A), by the insertion of the following paragraph after paragraph (d):
“(da) a refusal to register a person as a certified consignor or a certified consignee under section 109RA(4) or a revocation under that section of any such registration;”,
and
(ai) in section 153(2)—
(i) in paragraph (b), by the substitution of “processing, holding and storing” for “processing and holding”,
(ii) in paragraph (e), by the insertion of “and a registered consignor” after “registered consignee”,
(iii) by the insertion of the following paragraph after paragraph (h):
“(ha) specifying in relation to the electronic simplified administrative document (within the meaning of Chapter 2B) and movements of excisable products which have been released for consumption between Member States—
(i) the correct completion of that document and the person responsible for that completion,
(ii) the submission of that document and the cancellation or amendment of that document after it is submitted,
(iii) the submission of a report of receipt (within the meaning of Chapter 2B), and
(iv) the confirmation of receipt where the computerised system is unavailable,”,
(iv) in paragraph (l), by the substitution of “section 109B” for “section 109J(7)”,
(v) in paragraph (p), by the substitution of “holding, storing or transportation” for “holding or transportation”,
(vi) in paragraph (s), by the deletion of “and” after “producer,”,
(vii) in paragraph (t)(vi), by the insertion of “and” after “necessary,”, and
(viii) by the insertion of the following paragraph after paragraph (t):
“(u) governing the registration and the conditions to be attached to such registration of a certified consignor and of a certified consignee.”.
(2) Subsection (1) shall come into operation on 13 February 2023.
48. Amendment of section 132 of Finance Act 1992 (charge of excise duty)
48. Section 132 of the Finance Act 1992 is amended, in subsection (3), with effect as on and from 1 January 2022, by the substitution of the following Table for Table 1 to that subsection:
“Table 1
| CO2 Emissions (CO2 g/km) | Percentage payable of the value of the vehicle |
|---|---|
| 0g/km up to and including 50g/km | 7% or €140 whichever is the greater |
| More than 50g/km up to and including 80g/km | 9% or €180 whichever is the greater |
| More than 80g/km up to and including 85g/km | 9.75% or €195 whichever is the greater |
| More than 85g/km up to and including 90g/km | 10.5% or €210 whichever is the greater |
| More than 90g/km up to and including 95g/km | 11.25% or €225 whichever is the greater |
| More than 95g/km up to and including 100g/km | 12% or €240 whichever is the greater |
| More than 100g/km up to and including 105g/km | 12.75% or €255 whichever is the greater |
| More than 105g/km up to and including 110g/km | 13.5% or €270 whichever is the greater |
| More than 110g/km up to and including 115g/km | 15.25% or €305 whichever is the greater |
| More than 115g/km up to and including 120g/km | 16% or €320 whichever is the greater |
| More than 120g/km up to and including 125g/km | 16.75% or €335 whichever is the greater |
| More than 125g/km up to and including 130g/km | 17.5% or €350 whichever is the greater |
| More than 130g/km up to and including 135g/km | 19.25% or €385 whichever is the greater |
| More than 135g/km up to and including 140g/km | 20% or €400 whichever is the greater |
| More than 140g/km up to and including 145g/km | 21.5% or €430 whichever is the greater |
| More than 145g/km up to and including 150g/km | 25% or €500 whichever is the greater |
| More than 150g/km up to and including 155g/km | 27.5% or €550 whichever is the greater |
| More than 155g/km up to and including 170g/km | 30% or €600 whichever is the greater |
| More than 170g/km up to and including 190g/km | 35% or €700 whichever is the greater |
| More than 190g/km | 41% or €820 whichever is the greater |
”.
49. Amendment of section 135C of Finance Act 1992 (remission or repayment in respect of vehicle registration tax, etc.)
49. Section 135C of the Finance Act 1992 is amended, in subsections (3)(b) and (4), by the substitution of “31 December 2023” for “31 December 2021” in each place where it occurs.
PART 3 Value-Added Tax
50. Interpretation (Part 3)
50. In this Part, “Principal Act” means the Value-Added Tax Consolidation Act 2010.
51. VAT groups
51. The Principal Act is amended—
(a) in section 15—
(i) in subsection (1), by the substitution of “accountable person” for “taxable person” in each place where it occurs,
(ii) in subsection (3), by the deletion of “(which date shall not be earlier than the date of issue of the notice)”, and
(iii) by the insertion of the following subsections after subsection (4):
“(4A) Where there has been a significant change in the financial, economic and organisational links between the persons in a group, the person in the group notified in accordance with subsection (1)(a)(i) shall, not later than 30 days after the end of the taxable period during which the significant change concerned occurs, notify the Revenue Commissioners in writing that there has been such a significant change.
(4B) Where—
(a) a person in a group ceases to be established in the State, or
(b) the requirement that at least one of the persons in the group concerned is an accountable person is no longer met,
the person in the group notified in accordance with subsection (1)(a)(i) shall, not later than 30 days after the end of the taxable period during which the circumstance described in paragraph (a) or (b), as the case may be, has occurred, notify the Revenue Commissioners in writing of the occurrence of that circumstance.”,
and
(b) in section 115, by the insertion of the following subsections after subsection (1):
“(1A) A person who does not comply with subsection (4B) of section 15 shall be liable to a penalty of €4,000 in respect of the taxable period during which the person failed to comply with that subsection and to a further penalty of €4,000 for each subsequent taxable period during which the person has failed to comply with that subsection.
(1B) Where the person referred to in subsection (1A) is a body of persons, the secretary to that body of persons shall be liable to a separate penalty of €4,000 in respect of the taxable period during which the person referred to in subsection (1A) failed to comply with subsection (4B) of section 15 and to a separate further penalty of €4,000 for each subsequent taxable period during which that person has failed to comply with that subsection.”.
52. Amendment of section 56 of Principal Act (zero-rating scheme for qualifying businesses)
52. Section 56 of the Principal Act is amended, in subsection (1), in the definition of “qualifying person”, by the insertion of “or more” after “75 per cent”.
53. Cancellation deposits
53. The Principal Act is amended with effect from 1 January 2022—
(a) in section 67, by the deletion of subsections (4) and (6)(a), and
(b) in section 74, by the deletion of subsection (4).
54. Amendment of section 86 of Principal Act (special provisions for tax invoiced by flat-rate farmers)
54. Section 86 of the Principal Act is amended, in subsection (1), with effect from 1 January 2022, by the substitution of “5. 5 per cent” for “5. 6 per cent”.
55. Amendment of section 103 of Principal Act (Ministerial refund orders)
55. Section 103 of the Principal Act is amended by the insertion of the following subsection after subsection (2A):
“(2AA) Where a person referred to in subsection (1) has received a refund of tax, which is the subject of an order made under this section, and where, at any time after the refund of tax has been made, the Revenue Commissioners have reasonable grounds to believe that details of the claim giving rise to the refund were incorrect and that the person was therefore not entitled to all or part of that refund, it shall be considered that the conditions as specified in the order were not fulfilled by that person and accordingly that person shall be required to repay all or part of the refund, as appropriate, to the Revenue Commissioners.”.
56. Amendment of Schedules to Principal Act
56. (1) The Principal Act is amended—
(a) in Schedule 1, in paragraph 15, by the insertion of the following subparagraph after subparagraph (1):
“(1A) (a) The importation of goods by the European Commission or by an agency or body established under European Union law where the European Commission or such agency or body imports those goods in the execution of tasks conferred on it by European Union law in order to respond to the Covid-19 pandemic, except where the goods imported are supplied for consideration by the European Commission or an agency or body established under European Union law.
(b) In this subparagraph, ‘Covid-19’ has the same meaning as in the Emergency Measures in the Public Interest (Covid-19) Act 2020.”,
and
(b) in Schedule 2—
(i) in paragraph 5, by the insertion of the following subparagraph after subparagraph (1D):
“(1E) (a) The supply of goods or services to the European Commission or to an agency or body established under European Union law where the European Commission or such agency or body purchases those goods or services in the execution of tasks conferred on it by European Union law in order to respond to the Covid-19 pandemic, except where the goods and services purchased are supplied for consideration by the European Commission or an agency or body established under European Union law.
(b) In this subparagraph, ‘Covid-19’ has the same meaning as in the Emergency Measures in the Public Interest (Covid-19) Act 2020.”,
and
(ii) in paragraph 11, by the insertion of the following subparagraph after subparagraph (4):
“(5) (a) The supply, during the period from 12 December 2020 to 31 December 2022, of—
(i) Covid-19 vaccines and services closely linked to those vaccines, where those vaccines have been authorised by the State or by the European Commission, and
(ii) Covid-19 in vitro diagnostic medical devices and services closely linked to those devices, where those devices comply with the requirements of EU legislation (or the law of a Member State giving effect to such legislation) applicable to such devices, including Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998[^38] and Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017[^39].
(b) In this subparagraph, ‘Covid-19’ has the same meaning as in the Emergency Measures in the Public Interest (Covid-19) Act 2020.”.
(2) Subsection (1)(a) shall apply in respect of the importation of goods on or after 1 January 2021 by the European Commission or by an agency or body established under European Union law.
(3) Subsection (1)(b)(i) shall apply in respect of the supply of goods or services on or after 1 January 2021 to the European Commission or to an agency or body established under European Union law.
PART 4 Stamp Duties
57. Interpretation (Part 4)
57. In this Part, “Principal Act” means the Stamp Duties Consolidation Act 1999.
58. Stamp duty on certain acquisitions of residential property
58. The Principal Act is amended—
(a) in section 31E—
(i) by the substitution of the following subsection for subsection (4):
“(4) In this section, a reference to acquisition shall include a reference to—
(a) acquisition by way of a conveyance, transfer, lease, instrument, contract or agreement referred to in subsection (2), and
(b) acquisition by way of a change in the person or persons having direct or indirect control by virtue of a conveyance or transfer on sale of stocks, marketable securities, units or interests referred to in subsection (9).”,
(ii) by the insertion of the following subsection after subsection (8):
“(8A) For the purposes of subsection (8)(b), a person shall not be regarded as entering into a housing authority lease on the same day as the residential unit concerned is acquired by the person where the residential unit was subject to a housing authority lease immediately prior to that day.”,
(iii) in subsection (13), by the substitution of “then the contract or agreement shall be treated as a conveyance or transfer on sale of stocks, marketable securities, units or interests for the purposes of subsection (12), but paragraph (ii) of that subsection shall not apply in respect of the contract or agreement as so treated” for “then the contract or agreement shall be treated as a conveyance or transfer on sale of stocks, marketable securities, units or interests for the purposes of subsection (12)”,
(iv) by the substitution of the following subsection for subsection (19):
“(19) Where a conveyance, transfer or lease effects the acquisition of a relevant residential unit, sections 82(1), 82C(2) and 88(1)(b) shall not apply as respects stamp duty that is chargeable on the conveyance, transfer or lease in respect of the consideration which is attributable to the relevant residential unit.”,
and
(v) by the insertion of the following subsection after subsection (22):
“(23) A reference in subsection (9), (12) or (13) to a residential unit shall not include a reference to a residential unit in an apartment block.”,
and
(b) in section 83E, by the substitution of the following subsection for subsection (3):
“(3) This subsection applies where a person enters into a qualifying lease after the date of execution of a relevant instrument effecting the acquisition of the relevant residential unit leased under the qualifying lease, but not later than 24 months after that date (and such a relevant residential unit leased within that period is referred to in this section as a ‘qualifying relevant residential unit’).”.
59. Amendment of section 81AA of Principal Act (transfers to young trained farmers)
59. Section 81AA of the Principal Act is amended, in subsection (16), by the substitution of “31 December 2022” for “31 December 2021”.
60. Amendment of section 126AA of Principal Act (further levy on certain financial institutions)
60. The Principal Act is amended in section 126AA—
(a) in subsection (1), in paragraph (d) of the definition of “base year”, by the substitution of “years 2021 and 2022” for “year 2021”,
(b) by the substitution of the following subsection for subsection (2):
“(2) (a) Subject to paragraph (b), a relevant person shall, for each of the years 2014 to 2022, not later than the due date in respect of that year, deliver to the Commissioners a statement in writing showing the assessable amount for that person.
(b) In the case of the year 2022, the following persons shall not be regarded as relevant persons for the purposes of paragraph (a):
(i) KBC Bank Ireland plc;
(ii) Ulster Bank Ireland DAC.”,
(c) in subsection (3), by the substitution of “Subject to subsection (3A), where at any time” for “Where at any time”, and
(d) by the insertion of the following subsection after subsection (3):
“(3A) Where the due date falls within the year 2022, the following persons shall not be regarded as relevant persons for the purposes of subsection (3):
(a) KBC Bank Ireland plc;
(b) Ulster Bank Ireland DAC.”.
61. Banking levies modernisation
61. (1) The Principal Act is amended—
(a) in section 123B—
(i) in subsection (1), by the insertion of the following definition:
“ ‘electronic means’ has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997;”,
(ii) in subsections (2) and (2B), by the deletion of “in writing”, and
(iii) by the insertion of the following subsection after subsection (12):
“(13) Any statement required to be delivered to the Commissioners pursuant to subsection (2) or (2B), as the case may be, shall be delivered by electronic means and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply.”,
(b) by the insertion of the following section after section 123C:
“Bills of Exchange
123D. (1) In this section—
‘credit institution’ and ‘financial institution’ have the same meanings respectively as they have in the European Union (Capital Requirements) Regulations 2014;
‘electronic means’ has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997;
‘processed’, in relation to an instrument that is a bill of exchange, means a bill of exchange that has been presented for payment and has been paid;
‘promoter’ means a credit institution or a financial institution;
‘relevant bill of exchange’ means a bill of exchange drawn on an account in the State maintained by a promoter but does not include the following:
(a) a draft or order drawn by any promoter in the State on any other promoter in the State, not payable to bearer or to order, and used solely for the purpose of settling or clearing any account between such promoters;
(b) a letter written by a promoter in the State to any other promoter in the State, directing the payment of any sum of money, the same not being payable to bearer or to order, and such letter not being sent or delivered to the person to whom payment is to be made or to any person on such person’s behalf;
(c) a draft or order drawn by the Accountant of the Courts of Justice;
(d) a coupon or warrant for interest attached to and issued with any security, or with an agreement or memorandum for the renewal or extension of time for payment of a security;
(e) a coupon for interest on a marketable security being one of a set of coupons whether issued with the security or subsequently issued in a sheet;
(f) direct debits and standing orders;
(g) a bill drawn on or on behalf of the Minister by which payment in respect of prize bonds is effected.
(2) A promoter shall, within one month of the end of each year, commencing with the year 2024, deliver to the Commissioners a statement showing the number of relevant bills of exchange processed in the year.
(3) On the first occasion of a promoter delivering a statement to the Commissioners under subsection (2), the promoter may elect that the first statement and all subsequent statements shall show the number of relevant bills of exchange issued in the year rather than the number of relevant bills of exchange processed in the year.
(4) Where an election is made by a promoter under subsection (3), each statement delivered by the promoter under subsection (2) shall—
(a) indicate that the election has been made, and
(b) show the number of relevant bills of exchange issued in the year rather than the number of relevant bills of exchange processed in the year.
(5) Stamp duty shall be charged on every statement delivered by a promoter under subsection (2) at the rate of €0. 50 for each relevant bill of exchange shown on the statement.
(6) The duty charged by subsection (5) on a statement delivered by a promoter under subsection (2) shall be paid by the promoter on delivery of the statement.
(7) There shall be furnished to the Commissioners by a promoter such particulars as the Commissioners may deem necessary in relation to any statement required by this section to be delivered by the promoter.
(8) In the case of failure by a promoter to pay any duty required to be paid in accordance with this section, the promoter shall be liable to pay, in addition to the duty, interest on the duty, calculated in accordance with section 159D, for the period commencing on the date it was required to be paid and ending on the date on which the duty was paid.
(9) A statement required to be delivered to the Commissioners under subsection (2) shall be delivered by electronic means and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply.”,
(c) in section 124—
(i) in subsection (1)—
(I) in paragraph (a)—
(A) by the substitution of the following definition for the definition of “chargeable period”:
“ ‘chargeable period’ means—
(i) the 12 month period ending on 1 April 2006 and each subsequent 12 month period ending with the period ending on 1 April 2023,
(ii) the period commencing on 2 April 2023 and ending on 31 December 2023, and
(iii) each subsequent 12 month period beginning with the period ending on 31 December 2024;”,
and
(B) by the deletion of the definition of “relevant period”,
(II) in paragraph (b)—
(A) by the substitution of “within 3 months of the end of a chargeable period referred to in subparagraph (i) of the definition of ‘chargeable period’ in paragraph (a) and within one month of the end of a chargeable period referred to in subparagraph (ii) or (iii) of that definition” for “within 3 months of the end of each relevant period”, and
(B) by the deletion of “in writing”,
(III) in paragraph (c), by the substitution of “at the rate of €22.50 for the chargeable period referred to in subparagraph (ii) of the definition of ‘chargeable period’ in paragraph (a) and at the rate of €30 for a chargeable period referred to in subparagraph (i) or (iii) of that definition” for “at the rate of €30”, and
(IV) by the substitution of “chargeable period” for “relevant period” in each place where it occurs,
(ii) in subsection (2)—
(I) in paragraph (a)—
(A) by the substitution of the following definition for the definition of “chargeable period”:
“ ‘chargeable period’ means—
(i) the 12 month period ending on 1 April 2006 and each subsequent 12 month period ending with the period ending on 1 April 2023,
(ii) the period commencing on 2 April 2023 and ending on 31 December 2023, and
(iii) each subsequent 12 month period beginning with the period ending on 31 December 2024;”,
and
(B) by the deletion of the definition of “relevant period”,
(II) in paragraph (b)—
(A) by the substitution of “within 3 months of the end of a chargeable period referred to in subparagraph (i) of the definition of ‘chargeable period’ in paragraph (a) and within one month of the end of a chargeable period referred to in subparagraph (ii) or (iii) of that definition” for “within 3 months of the end of each relevant period”, and
(B) by the deletion of “in writing”,
(III) in paragraph (c), by the substitution of “at the rate of €22.50 for the chargeable period referred to in subparagraph (ii) of the definition of ‘chargeable period’ in paragraph (a) and at the rate of €30 for a chargeable period referred to in subparagraph (i) or (iii) of that definition” for “at the rate of €30”, and
(IV) by the substitution of “chargeable period” for “relevant period” in each place where it occurs,
(iii) in subsection (5), by the substitution of the following paragraph for paragraph (a):
“(a) In this subsection, ‘due date’ means—
(i) in relation to a statement required to be delivered pursuant to subsection (1)(b), the date on which the chargeable period to which the statement relates ends, and
(ii) in relation to a statement required to be delivered pursuant to subsection (2)(b), the date on which the chargeable period to which the statement relates ends.”,
and
(iv) by the insertion of the following subsection after subsection (7):
“(8) (a) In this subsection, ‘electronic means’ has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997.
(b) Any statement required to be delivered to the Commissioners pursuant to subsection (1)(b) or (2)(b), as the case may be, shall be delivered by electronic means and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply.”,
and
(d) in Schedule 1, by the deletion of the following Headings and the provisions and cross-references under those Headings:
(i) “BILL OF EXCHANGE”,
(ii) “CHEQUE”,
(iii) “DRAFT for money”, and
(iv) “ORDER for the payment of money”.
(2) Sections 123C and 124A of the Principal Act are repealed.
(3) Notwithstanding the repeals effected by subsection (2)—
(a) section 123C of the Principal Act shall continue to apply in respect of a statement required to be delivered under subsection (3) of that section not later than 15 December 2022, and
(b) section 124A of the Principal Act shall continue to apply in respect of a statement required to be delivered under subsection (3) of that section not later than 15 December 2022.
(4) Subsections (1) to (3) shall come into operation on such day as the Minister may appoint by order.
62. Insurance levies modernisation
62. (1) The Principal Act is amended—
(a) in section 124B—
(i) in subsection (1), by the insertion of the following definition:
“ ‘electronic means’ has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997;”,
(ii) in subsection (2), by the deletion of “in writing”, and
(iii) by the insertion of the following subsection after subsection (8):
“(9) Any statement required to be delivered to the Commissioners pursuant to subsection (2) shall be delivered by electronic means and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply.”,
(b) in section 125—
(i) in subsection (1), by the insertion of the following definition:
“ ‘electronic means’ has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997;”,
(ii) in subsection (2), by the deletion of “in writing”, and
(iii) by the insertion of the following subsection after subsection (7):
“(8) Any statement required to be delivered to the Commissioners pursuant to subsection (2) shall be delivered by electronic means and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply.”,
(c) by the insertion of the following section after section 125B:
“Policies of insurance other than life insurance
125C. (1) In this section—
‘electronic means’ has the same meaning as it has in section 917EA of the Taxes Consolidation Act 1997;
‘insurer’, ‘premium’ and ‘quarter’ have the same meanings respectively as they have in section 125;
‘relevant policy’ means a policy of insurance other than life insurance where the risk to which the policy relates is located in the State and—
(a) there is one premium only and the amount of that premium equals or exceeds €20, or
(b) there is more than one premium and the total amount payable in respect of that premium in any period of 12 months equals or exceeds €20.
(2) An insurer shall, in each year, within 25 days from the end of each quarter, deliver to the Commissioners a statement showing the number of relevant policies issued by the insurer in the quarter.
(3) There shall be charged on every statement delivered under subsection (2) a stamp duty at the rate of €1 in respect of each relevant policy shown in the statement.
(4) The duty charged by subsection (3) on a statement delivered by an insurer under subsection (2) shall be paid by the insurer on delivery of the statement.
(5) There shall be furnished to the Commissioners by an insurer such particulars as the Commissioners may deem necessary in relation to any statement required by this section to be delivered by the insurer.
(6) In the case of failure by an insurer to pay any duty chargeable on any such statement on the delivery of the statement, the insurer shall be liable to pay, in addition to the duty, interest on the duty, calculated in accordance with section 159D, for the period commencing on the date on which the statement was due to be delivered and ending on the date on which the duty is paid.
(7) A statement required to be delivered to the Commissioners pursuant to subsection (2) shall be delivered by electronic means and the relevant provisions of Chapter 6 of Part 38 of the Taxes Consolidation Act 1997 shall apply.”,
and
(d) in Schedule 1, by the deletion of the following Headings, the provisions thereto and cross-references under those Headings:
(i) “POLICY OF INSURANCE other than life insurance where the risk to which the policy relates is located in the State”, and
(ii) “INSURANCE”.
(2) Sections 59 and 62 of the Principal Act are repealed.
(3) Subsections (1) and (2) shall come into operation on such day as the Minister may appoint by order.
63. Banking and insurance levies compliance
63. (1) The Principal Act is amended—
(a) in section 123B—
(i) in subsection (7), by the deletion of “and also, by means of a penalty, a sum of €380 for each day in that period”, and
(ii) by the deletion of subsection (8),
(b) in section 124—
(i) in subsection (5)(b), by the deletion of “and also, by means of further penalty, a sum of €380 for each day the duty remains unpaid after the expiration of 3 months from the due date”, and
(ii) by the deletion of subsection (6),
(c) in section 124B—
(i) by the substitution of the following subsection for subsection (6):
“(6) In the case of failure by an insurer to deliver not later than the due date any statement required to be delivered by the insurer pursuant to subsection (2), or to pay the stamp duty chargeable on any such statement on delivery of the statement, the insurer shall, from that due date until the day on which the stamp duty is paid, be liable to pay, in addition to the stamp duty, interest on the stamp duty calculated in accordance with section 159D.”,
and
(ii) by the deletion of subsection (8),
(d) in section 125, by the deletion of subsection (7),
(e) in section 126B—
(i) in subsection (1)—
(I) by the substitution of the following definition for the definition of “relevant person”:
“ ‘relevant person’ means a person that is required to deliver a statement to the Commissioners under a specified section;”,
and
(II) by the substitution of the following definition for the definition of “specified section”:
“ ‘specified section’ means section 123B, 123C, 123D, 124, 124A, 124B, 125, 125A, 125B, 125C or 126AA.”,
and
(ii) by the insertion of the following subsection after subsection (10):
“(11) An assessment of duty under this section shall include any surcharge within the meaning of section 126C(3).”,
(f) by the insertion of the following section after section 126B:
“Surcharge for late filing of return
126C. (1) In this section—
‘due date’ means the date on which a statement is required to be delivered to the Commissioners under a specified section;
‘relevant person’ means a person that is required to deliver a statement to the Commissioners under a specified section;
‘specified section’ means section 123B, 123C, 123D, 124, 124A, 124B, 125 or 125C.
(2) For the purposes of this section—
(a) where a relevant person deliberately or carelessly causes the delivery of an incorrect statement on or before the due date, that person shall be deemed to have failed to have delivered the statement on or before that date unless the error in the statement is remedied by the delivery of a correct statement on or before that date,
(b) where a relevant person causes the delivery of an incorrect statement on or before the due date, but does so neither deliberately nor carelessly and it comes to that person’s notice that it is incorrect, the person shall be deemed to have failed to have delivered the statement on or before the due date unless the error in the statement is remedied by the delivery of a correct statement without unreasonable delay, and
(c) where a relevant person causes the delivery of a statement on or before the due date, but the Commissioners, by reason of being dissatisfied with any information contained in the statement, require that person, by notice in writing served on him or her, to deliver a statement or evidence, or further statement or evidence, as may be required by them, the person shall be deemed not to have delivered the statement on or before the due date unless the person delivers the statement or evidence, or further statement or evidence, within the time specified in any notice.
(3) Where a relevant person fails to cause the delivery of a statement on or before the due date, any amount of stamp duty which would have been payable had a correct statement been delivered shall be increased by an amount (in this subsection referred to as a ‘surcharge’) equal to—
(a) 5 per cent of that amount of duty, subject to a maximum surcharge of €12,695, where the statement is delivered before the expiry of 2 months from the due date, and
(b) 10 per cent of that amount of duty, subject to a maximum surcharge of €63,485, where the statement is not delivered before the expiry of 2 months from the due date.”,
(g) in section 128A—
(i) in subsection (1), by the insertion of the following definitions:
“ ‘relevant person’ means—
(a) an accountable person, or
(b) a person that is required to deliver a statement to the Commissioners under Part 9;
‘return’ means—
(a) an electronic return,
(b) a paper return, or
(c) any statement that is required to be delivered to the Commissioners under Part 9.”,
(ii) in subsection (2)—
(I) by the substitution of “relevant person” for “accountable person”, and
(II) in paragraph (a), by the deletion of “or statement”,
and
(iii) in subsection (4)(a), by the substitution of “a return” for “an electronic return or a paper return”,
(h) in section 128B(1)—
(i) by the substitution of the following definition for the definition of “relevant person”:
“ ‘relevant person’ means—
(a) an accountable person, or
(b) a person that is required to deliver a statement to the Commissioners under Part 9,
and, where records are retained on behalf of a person referred to in paragraph (a) or (b), as the case may be, a person who retains the records;”,
and
(ii) by the substitution of the following definition for the definition of “return”:
“ ‘return’ means—
(a) an electronic return,
(b) a paper return, or
(c) any statement that is required to be delivered to the Commissioners under Part 9.”,
and
(i) in section 134A—
(i) in subsection (1)—
(I) in the definition of “person”, by the substitution of “an accountable person or a relevant person, as the case may be, where a return” for “an accountable person where an electronic return or a paper return” in each place where it occurs, and
(II) by the insertion of the following definitions:
“ ‘relevant person’ means a person that is required to deliver a relevant statement;
‘relevant statement’ means a statement that is required to be delivered to the Commissioners under section 123B, 123C, 123D, 124, 124A, 124B, 125 or 125C;
‘return’ means—
(a) an electronic return,
(b) a paper return, or
(c) a relevant statement;”,
(ii) in subsection (2)—
(I) by the substitution of the following paragraph for paragraph (c):
“(c) causes an incorrect return to be delivered, or delivers an incorrect return, to the Commissioners which does not reflect all the facts and circumstances affecting the liability of such instrument or relevant statement, as the case may be, to duty or the amount of the duty with which such instrument or relevant statement is chargeable that are required by the Commissioners to be disclosed on such return, or”,
and
(II) in paragraph (d), by the substitution of “a return” for “an electronic return or a paper return”,
(iii) in subsection (4)—
(I) by the substitution of the following paragraph for paragraph (c):
“(c) causes an incorrect return to be delivered, or delivers an incorrect return, to the Commissioners which does not reflect all the facts and circumstances affecting the liability of such instrument or relevant statement, as the case may be, to duty or the amount of the duty with which such instrument or relevant statement is chargeable that are required by the Commissioners to be disclosed on such return, or”,
and
(II) in paragraph (d), by substituting “a return” for “an electronic return or a paper return”,
(iv) in subsection (6)—
(I) by the substitution of the following paragraph for paragraph (c):
“(c) causes to be delivered or delivers a return and it comes to that person’s notice that the return does not reflect all the facts and circumstances that are required by the Commissioners to be disclosed on such return, or”,
and
(II) in paragraph (d), by the substitution of “a return” for “an electronic return or a paper return”,
and
(v) in subsection (9)—
(I) in paragraph (a), by the substitution of “instrument or relevant statement, as the case may be” for “instrument”, and
(II) by the substitution of the following paragraph for paragraph (b):
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