Finance Act 2021

• (b) in section 865(1)(a)—

• (i) in the definition of “Acts”, by the substitution of “Part 18C, Part 18D and Part 22A” for “Part 18C and Part 18D”, and

• (ii) in the definition of “tax”, by the substitution of “domicile levy, universal social charge or residential zoned land tax” for “domicile levy or universal social charge”,

• (c) in section 949A, in the definition of “Acts”, by the insertion of the following paragraph after paragraph (c):

• “(ca) Part 22A,”,

• (d) in section 960A, in the definition of “Acts”, by the insertion of the following paragraph after paragraph (g):

• “(ga) Part 22A,”,

• (e) in section 1002(1)(a), in the definition of “the Acts”, by the insertion of the following subparagraph after subparagraph (iiia):

• “(iiib) Part 22A,”,

• (f) in section 1006(1), in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (aa):

• “(ab) Part 22A,”,

• (g) in section 1077A, in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (c):

• “(ca) Part 22A,”,

• (h) in section 1078(1), in the definition of “the Acts”, by the insertion of the following after paragraph (ca):

• “(cb) Part 22A,”,

• (i) in section 1079(1), in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

• “(cb) Part 22A,”,

• (j) in section 1094(1), in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

• “(cb) Part 22A,”,

• (k) in section 1095(1), in the definition of “the Acts”, by the insertion of the following paragraph after paragraph (ca):

• “(cb) Part 22A,”,

and

• (l) in Schedule 29, by the insertion of “section 653T” after “section 508C” in column 1.

• (2) The Ministers and Secretaries (Amendment) Act 2011 is amended, in section 101(3), in the definition of “relevant enactment”, by the insertion of the following paragraph after paragraph (e):

• “(ea) Part 22A of the Taxes Consolidation Act 1997,”.

• (3) The Provisional Collection of Taxes Act 1927 is amended, in section 1, in the definition of “tax”, by the substitution of “local property tax, residential zoned land tax or any other levy” for “local property tax or any other levy”.

• (4) Subsection (1)(a), in so far as it relates to the insertion of section 653T(3) in the Principal Act, shall come into operation on such day as the Minister for Finance may appoint by order.

81. Mandatory disclosure of certain transactions

81. Chapter 3A of Part 33 of the Principal Act is amended—

• (a) in section 817RA(1), by the insertion of the following definitions:

“ ‘authorised officer’ means an officer of the Revenue Commissioners authorised under section 817RE;

‘authorised DAC officer’ means an authorised officer whose authorisation under section 817RE includes authorisation for the purpose of exercising the powers set out in section 817REA(3);

‘AML Directive’ means Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015⁴¹ on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC as amended by Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018⁴²;

‘beneficial owner’ has the same meaning it has in the AML Directive;

‘designated person’ has the same meaning it has in Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010;”,

and

• (b) by the insertion of the following section after section 817RE:

“Revenue powers

817REA. (1) Subject to subsections (2) and (3), an authorised officer may, at all reasonable times, enter any premises or place of business of an intermediary or relevant taxpayer, for the purposes of enquiring into, and determining, whether information—

• (a) included in a return made in accordance with section 817RC or 817RD, as appropriate, was correct and complete, or

• (b) not included in such a return was correctly not so included.

• (2) Where section 817RC(9)(b) applies to any information that was not included in a return made in accordance with section 817RC, any enquiry under subsection (1) shall be limited to the information relevant to the intermediary’s compliance with its obligations under section 817RC(10).

• (3) Where an enquiry under subsection (1) is in respect of a cross-border arrangement that contains, or that an authorised DAC officer believes may contain, one or more specific hallmarks concerning automatic exchange of information and beneficial ownership, then such authorised DAC officer shall also have access to the mechanisms, procedures, documents and information referred to in—

  • (a) Articles 13, 30, 31 and 40 of the AML Directive, and

  • (b) any provisions of the law of the State transposing the said Articles 13, 30, 31 and 40.

• (4) For the purposes of an enquiry referred to in subsection (3), an authorised DAC officer, in particular—

  • (a) shall have access to the Central Register of Beneficial Ownership of Companies and Industrial and Provident Societies, the Central Register of Beneficial Ownership of Irish Collective Asset-management Vehicles, Credit Unions and Unit Trusts and the Central Register of Beneficial Ownership of Trusts, and

  • (b) may, by notice in writing, require a designated person to deliver to the officer, within a period specified in the notice, such information (including copies of any relevant books, records or other documents) as is relevant to the compliance with any obligation imposed on the designated person by Chapter 3 of Part 4 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and retained by that designated person under section 55 of that Act.

• (5) For the purposes of a notice served under subsection (4)(b) the period to be specified in it shall not be less than 14 days.

• (6) Where an authorised DAC officer—

  • (a) accesses any of the registers referred to in subsection (4)(a), the beneficial owner concerned shall be notified in writing by the authorised DAC officer of the access to the register—

    • (i) in a case where the identity of the beneficial owner concerned is known to the authorised DAC officer at the time the register is accessed, at that time or as soon as practicable thereafter, and

    • (ii) in any other case, as soon as practicable after the identity of the beneficial owner concerned becomes known to the authorised DAC officer,

    or

  • (b) serves a notice under subsection (4)(b), the beneficial owner concerned shall be notified in writing by the authorised DAC officer of the service of the notice and of the name of the person upon whom it was served—

    • (i) in a case where the identity of the beneficial owner concerned is known to the authorised DAC officer at the time the notice is served, at that time or as soon as practicable thereafter, and

    • (ii) in any other case, as soon as practicable after the identity of the beneficial owner concerned becomes known to the authorised DAC officer.

• (7) The Data Protection Act 2018 shall apply to the access that this section affords to an authorised DAC officer in respect of the information in the registers referred to in subsection (4)(a) and the information referred to in subsection (4)(b).

• (8) On there being made of the Registrar of Beneficial Ownership of Companies and Industrial and Provident Societies, the Registrar of Beneficial Ownership of Irish Collective Asset-management Vehicles, Credit Unions and Unit Trusts or the Registrar of Beneficial Ownership of Trusts, as the case may be, by an authorised DAC officer, a request for access, in accordance with subsection (4)(a), to a register referred to in subsection (4)(a), the Registrar concerned shall afford the authorised DAC officer access, in a timely manner, to the register.

• (9) An authorised DAC officer may require a designated person to provide any such additional information, explanations and particulars and to give all assistance to him or her which the authorised DAC officer may reasonably require for the purpose of inspecting the information delivered to him or her under subsection (4)(b).”.

82. Amendment of Part 38 of Principal Act (returns of income and gains, other obligations and returns, and Revenue powers)

82. (1) Part 38 of the Principal Act is amended by the insertion of the following section after section 891H:

“Implementation of Article 1(8) of Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation in relation to platform operators

891I. (1) This section provides for the collection and reporting of certain information by reportable platform operators in respect of relevant activities undertaken by reportable sellers on their platforms.

• (2) In this section—

‘business registration number’ means a unique business identification number issued by a Member State, or a functional equivalent in the absence of a business identification number;

‘consideration’, ‘entity’, ‘excluded platform operator’, ‘financial account identifier’, ‘goods’, ‘platform’, ‘platform operator’, ‘primary address’, ‘property listing’, ‘qualified non-union platform operator’, ‘relevant activity’, ‘reportable period’, ‘reportable seller’, ‘reporting platform operator’, ‘seller’, ‘TIN’, and ‘VAT identification number’ have the meanings respectively given to them by Section I of Annex V to the Directive;

‘Directive’ means Council Directive 2011/16/EU of 15 February 2011⁴³ as amended by Council Directive 2014/107/EU of 9 December 2014⁴⁴, Council Directive (EU) 2015/2376 of 8 December 2015⁴⁵, Council Directive (EU) 2016/881 of 25 May 2016⁴⁶, Council Directive (EU) 2016/2258 of 6 December 2016⁴⁷, Council Directive (EU) 2018/822 of 25 May 2018⁴⁸, Council Directive (EU) 2020/876 of 24 June 2020⁴⁹ and Council Directive (EU) 2021/514 of 22 March 2021⁵⁰;

‘Platform Operator ID’ means a unique individual identification number assigned to a platform operator by the Revenue Commissioners;

‘relevant information’ has the meaning given to it by subsection (7)(a).

• (3)

  • (a) Subject to paragraph (b), a platform operator that—

    • (i) is resident in the State for tax purposes,

    • (ii) is incorporated in the State,

    • (iii) has a place of management in the State, or

    • (iv) has a permanent establishment in the State and is not a qualified non-union platform operator,

    shall register with the Revenue Commissioners as a platform operator for the purposes of this section.

  • (b) A platform operator that meets one or more of the conditions in subparagraphs (i) to (iv) of paragraph (a) and also satisfies those conditions in respect of another Member State shall not register with the Revenue Commissioners if it elects to register as a platform operator for the purposes of the Directive in that other Member State and notifies that election in writing to the Revenue Commissioners.

  • (c) Subject to paragraph (d), a platform operator—

    • (i) other than one that is required to register with—

      • (I) the Revenue Commissioners under paragraph (a), or

      • (II) the competent authority of another Member State, under provisions similar to paragraph (a) in force in that Member State, as a platform operator for the purposes of the Directive,

      and

    • (ii) that facilitates the carrying out of a relevant activity in a Member State, including the State—

      • (I) by reportable sellers, or

      • (II) involving the rental of immovable property,

      shall register with the Revenue Commissioners as a platform operator for the purposes of this section and the Revenue Commissioners shall assign a Platform Operator ID to such platform operator.

  • (d) Paragraph (c) shall not apply to a platform operator that has registered with the competent authority of another Member State, under provisions similar to paragraph (c) in force in that Member State, as a platform operator for the purposes of the Directive and has been assigned the equivalent of a Platform Operator ID by that competent authority and such Platform Operator ID has not been revoked.

  • (e) Subject to paragraph (f), where a platform operator, registered under paragraph (c), does not comply with its obligations under this section or regulations made under this section, the Revenue Commissioners shall revoke that platform operator’s Platform Operator ID.

  • (f) The Platform Operator ID shall not be revoked under paragraph (e) before—

    • (i) the Revenue Commissioners have issued 2 reminders in writing to the platform operator of the obligations imposed on that platform operator under this section, and

    • (ii) the expiration of 30 days from the date of the second such reminder referred to in subparagraph (i).

  • (g) An excluded platform operator registered in the State shall make a return, by 31 January of the year immediately following the end of the reportable period, to the Revenue Commissioners confirming that the excluded platform operator has not facilitated any relevant activity in the reportable period and provide such particulars as are necessary to demonstrate that the excluded platform operator is not a reportable platform operator to which subparagraphs (1) to (3) of paragraph A of Section III of Annex V to the Directive apply.

• (4) A reportable platform operator registered in the State for the purposes of this section shall, by 31 January of the year immediately following the end of the reportable period—

  • (a) make a return under this section to the Revenue Commissioners, and

  • (b) provide to a reportable seller a copy of the information contained in that return in respect of such reportable seller.

• (5) A return made under subsection (4) shall contain—

  • (a) the following details in respect of a reporting platform operator:

    • (i) the name of the reporting platform operator;

    • (ii) the registered office address of the reporting platform operator;

    • (iii) the TIN of the reporting platform operator;

    • (iv) the Platform Operator ID, where one has been assigned by the Revenue Commissioners;

    • (v) the business name of each platform in respect of which the reporting platform operator is reporting,

  • (b) the following details in respect of reportable sellers who are individuals:

    • (i) the first name and last name of each reportable seller;

    • (ii) the primary address of each reportable seller;

    • (iii) the TIN issued to each reportable seller, and where a reportable seller has a TIN issued by more than one Member State, the Member State of issuance of each TIN, or in the absence of a TIN the place of birth of such reportable seller;

    • (iv) the VAT identification number of each reportable seller, where available;

    • (v) the date of birth of each reportable seller,

  • (c) the following details in respect of reportable sellers who are not individuals:

    • (i) the legal name of each reportable seller;

    • (ii) the primary address of each reportable seller;

    • (iii) where relevant activities are carried on through a permanent establishment in any Member State, details for each reportable seller of each Member State where such a permanent establishment is located, where available;

    • (iv) any TIN issued to each reportable seller, and where a reportable seller has a TIN issued by more than one Member State, the Member State of issuance of each TIN;

    • (v) the VAT identification number of each reportable seller, where available;

    • (vi) the business registration number of each reportable seller,

  • (d) the following details in respect of all reportable sellers:

    • (i) the total consideration paid or credited to each reportable seller during each quarter of the reportable period and the number of relevant activities in respect of which the consideration was paid or credited;

    • (ii) any fees, commissions or taxes withheld or charged by the reporting platform operator with respect to each reportable seller during each quarter of the reportable period;

    • (iii) the financial account identifier of each reportable seller, if available;

    • (iv) where different from the name of a reportable seller, the name of the holder of the financial account to which the consideration is paid or credited, to the extent available to the reporting platform operator, as well as any other financial identification information available to the reporting platform operator with respect to that account holder;

    • (v) each Member State in which each reportable seller is resident, as determined pursuant to paragraph D of Section II of Annex V to the Directive,

  • (e) where the relevant activity of a reportable seller involves the rental of immovable property, in addition to the information specified in paragraphs (b) to (d), the following information in respect of each reportable seller:

    • (i) the address of each property listing;

    • (ii) the unique identifier, or identifiers, allocated under the Registration of Title Act 1964 to the land of each property listing, if available, or its equivalent under the law of the Member State where it is located, where available;

    • (iii) the total consideration paid or credited during each quarter of the reportable period and the number of relevant activities provided with respect to each property listing;

    • (iv) where available, the number of days each property listing was rented during the reportable period and the type of each property listing,

    and

  • (f) such other information as may be prescribed in regulations made by the Revenue Commissioners under subsection (9).

• (6) A reporting platform operator shall put in place such procedures as may be prescribed in regulations under subsection (10)(c) to identify when a seller becomes a reportable seller.

• (7)

  • (a) A reportable seller shall provide to the reporting platform operator such information as is necessary for that reporting platform operator to comply with the reporting obligations imposed under subsection (5) (referred to in this subsection as the ‘relevant information’).

  • (b) Where a reportable seller does not provide the relevant information to the reporting platform operator—

    • (i) the account of the reportable seller shall be closed by the reportable platform operator, and

    • (ii) the account of the reportable seller cannot be reopened, or a new account opened by the reportable seller, with the reportable platform operator until such time as the relevant information has been provided.

• (8) A reporting platform operator may, subject to such conditions relating to the appointment of a third party as may be prescribed in regulations made under this section, appoint a third party to carry out the duties and obligations imposed on it by this section.

• (9) The Revenue Commissioners, with the consent of the Minister for Finance, may make regulations under this section with respect to the registration of platform operators with the Revenue Commissioners and the return by a reporting platform operator of information regarding relevant activities undertaken by reportable sellers on their platform.

• (10) Regulations made under this section may (without prejudice to the generality of subsection (9)), in particular, include provision for—

  • (a) in respect of the requirements imposed on platform operators by subsection (3), the period within which such requirements shall be satisfied,

  • (b) in respect of a return required to be made under subsection (4)—

    • (i) the manner in which returns are to be made,

    • (ii) the currency in which the reporting platform operator is required to report, and

    • (iii) the rules for conversion of amounts, denominated other than in the currency referred to in subparagraph (ii), into that currency, for the purposes of making a return under subsection (4),

  • (c) in respect of the requirement imposed on the platform operators by subsection (6), the procedures to be put in place by a reporting platform operator for the purposes of identifying when a seller becomes a reportable seller,

  • (d) in respect of the requirement imposed on the platform operators by subsection (7)(b)—

    • (i) the procedures to be followed by a platform operator in respect of closing an account of a reportable seller, and

    • (ii) the requirements to be satisfied before the platform operator can reopen an account, or open a new account, for a reportable seller whose account has previously been closed by the platform operator,

  • (e) the records and documents that are required to be provided by the reportable seller to the reporting platform operator to enable the reporting platform operator to comply with the obligations imposed by paragraph (b), (c), (d) or (e), as the case may be, of subsection (5),

  • (f) the records and documents provided by the reportable seller to the reporting platform operator to enable the reporting platform operator to comply with the obligations imposed by paragraph (b), (c), (d) or (e), as the case may be, of subsection (5) that are required to be retained by the reporting platform operator,

  • (g) the appointment of a third party by a reporting platform operator to carry out the duties and obligations imposed on it by this section or regulations made under this section,

  • (h) in relation to any of the matters specified in paragraphs (a) to (g), the manner in which records shall be kept and the period for the retention of records so kept as provided for in subparagraph (1) of paragraph B of Section IV of Annex V to the Directive, and

  • (i) such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary—

    • (i) to enable persons to fulfil their obligations under the regulations, or

    • (ii) for the general administration and implementation of the regulations.

• (11) 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.

• (12) The Revenue Commissioners may authorise in writing any of their officers to exercise any powers to perform any acts or discharge any functions conferred by this section or regulations made under this section.

• (13) Subject to subsection (14), a Revenue officer authorised under subsection (12) may at all reasonable times enter any premises or place of business of a reporting platform operator for the purposes of—

  • (a) determining whether information regarding a relevant activity—

    • (i) included in a return made under subsection (4) or regulations made under this section by the reporting platform operator was correct and complete, or

    • (ii) not included in such a return was correctly not so included,

    or

  • (b) examining the procedures put in place by the reporting platform operator for the purposes of ensuring compliance with that platform operator’s obligations under this section or regulations made under this section.

• (14) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (15) authorising the entry.

• (15) A judge of the District Court, if satisfied on the sworn evidence of an authorised officer that—

  • (a) there are reasonable grounds for suspecting that any information or records, as the authorised officer may reasonably require for the purposes of his or her functions under this section, is or are held on any premises or part of any premises, and

  • (b) an authorised officer, in the performance of his or her functions under this section has been prevented from entering the premises or any part thereof,

  may issue a warrant authorising the authorised officer, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any of the functions conferred on the authorised officer under this section.

• (16)

  • (a) Section 898O shall apply to—

    • (i) a failure by a reporting platform operator to make a return required under subsection (4) or regulations made under this section, and

    • (ii) the making of an incorrect or incomplete return under subsection (4) or regulations made under this section,

    as it applies to a failure to deliver a return or to the making of an incorrect or incomplete return referred to in section 898O.

  • (b) A person who does not comply with—

    • (i) the requirements of a Revenue officer in the exercise or performance of the officer’s powers or duties under this section or regulations made under this section, or

    • (ii) any requirement of such regulations,

    shall be liable to a penalty of €1,265.

• (17) Where arrangements are entered into by any person and the main purpose or one of the main purposes of the arrangements, or any part of them, is the avoidance of any of the obligations imposed under this section or regulations made under this section, then this section and those regulations shall apply as if the arrangements, or that part of them, had not been entered into.

• (18) A word or expression which is used in this section or in regulations made under this section and which is also used in the Directive has, unless the context otherwise requires, the same meaning in this section or in those regulations as it has in the Directive.

• (19) Sections 888 and 890 shall not apply to a reportable platform operator where that reportable platform operator has fulfilled the obligations imposed under this section and regulations made under this section.”.

• (2) Subsection (1) shall come into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.

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

83. Schedule 24A to the Principal Act is amended in Part 1—

• (a) by the substitution of the following paragraph for paragraph 14A:

“14A. The Double Taxation Relief (Taxes on Income and on Capital) (Federal Republic of Germany) Order 2012 (S.I. No. 22 of 2012), the Double Taxation Relief (Taxes on Income and on Capital) (Federal Republic of Germany) Order 2015 (S.I. No. 438 of 2015) and the Double Taxation Relief (Taxes on Income and on Capital) (Federal Republic of Germany) Order 2021 (S.I. No. 508 of 2021).”,

and

• (b) by the insertion of the following paragraph after paragraph 22:

“22AA. The Double Taxation Relief (Taxes on Income) (Republic of Kosovo) Order 2021 (S.I. No. 507 of 2021).”.

84. Amendment of Chapter 2 of Part 15 of Principal Act

84. Chapter 2 of Part 15 of the Principal Act is amended—

• (a) in section 484(2)(a)(ii), by the substitution of “such day as is later than 31 January 2022 (but not later than 30 April 2022)” for “such day as is later than 30 September 2021 (but not later than 31 December 2021)”, and

• (b) in section 485—

• (i) in subsection (1), by the substitution of the following definition for the definition of “specified period”:

“ ‘specified period’ means the period commencing on 13 October 2020 and expiring on 31 January 2022;”,

and

• (ii) in subsection (3), by the substitution of the following paragraph for paragraph (b):

• “(b) the specification of 31 January 2022 in the definition of ‘specified period’ in subsection (1) as the date on which the period there referred to shall expire;”.

85. Miscellaneous technical amendments in relation to tax

85. (1) The Principal Act is amended—

• (a) in section 959K(b), by the deletion of “such” where it first occurs, and

• (b) in Schedule 34, by the substitution of “trust scheme” for “Trust Scheme” in paragraph 5.

• (2) Section 109X(1) of the Finance Act 2001 is amended by the substitution of “simplified” for “simplifying”.

• (3) The Capital Acquisitions Tax Consolidation Act 2003 is amended in section 2(1), in the definition of “the Income Tax Acts”, by the substitution of “section 1(2)” for “section 2”.

• (4) This section shall have effect on and from the date of the passing of this Act.

86. Care and management of taxes and duties

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

87. Short title, construction and commencement

87. (1) This Act may be cited as the Finance Act 2021.

• (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,

• (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, and

• (k) the temporary wage subsidy or the wage subsidy payment provided for by Part 7 of the next-mentioned Act, shall be construed together with Part 7 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 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 2022.

• (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

Section 75

PART 1 Amendment of Taxes Consolidation Act 1997

The Taxes Consolidation Act 1997 is amended—

• (a) in section 395B(6)—

• (i) in paragraph (a)(ii), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”, and

• (ii) in paragraph (c), by the substitution of “subsection (2) or (5), as the case may be, of section 1077E or subsection (2) of section 1077F, as appropriate,” for “subsection (2) or (5), as the case may be, of section 1077E”,

• (b) in section 396D(7)(b), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”,

• (c) in section 481(3A)(b)—

• (i) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

• (ii) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) or section 1077E(12)”,

• (d) in section 485—

• (i) in subsection (11)(b)(iv), by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”,

• (ii) in subsection (17)(b)(ii), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”, and

• (iii) in subsection (19)—

• (I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

• (II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) or section 1077E(12)”,

• (e) in section 485A—

• (i) in subsection (7)(b)(iv), by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”,

• (ii) in subsection (13)(b)(ii), by the substitution of “section 1077E or 1077F, as appropriate” for “section 1077E”, and

• (iii) in subsection (14)—

• (I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

• (II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “subsection (11) or (12) of that section”,

• (f) in section 508X—

• (i) in subsection (1)—

• (I) by the substitution of “Section 1077E or 1077F, as appropriate” for “Section 1077E”,

• (II) in paragraph (a), by the substitution of “subsections (2) and (5) of section 1077E or subsection (2) of section 1077F, as appropriate” for “subsections (2) and (5) of section 1077E”,

• (III) in paragraph (b)—

• (A) by the substitution of “subsections (4) and (7) of section 1077E or subsections (6) and (8) of section 1077F, as appropriate” for “subsections (4) and (7) of section 1077E”,

• (B) in subparagraph (i), by the substitution of “section 1077E(11) or 1077F(3), as appropriate” for “section 1077E(11)”, and

• (C) in subparagraph (ii), by the substitution of “section 1077E(11) or 1077F(3), as appropriate,” for “section 1077E(11)”,

and

• (IV) in paragraph (c), by the substitution of “subsection (11) of section 1077E or subsection (3) of 1077F, as appropriate,” for “subsection (11) of section 1077E”,

and

• (ii) in subsection (2), by the substitution of “section 1086 or 1086A, as appropriate,” for “section 1086,”,

• (g) in section 530U(1), by the substitution of “, as appropriate, section 1077E or 1077F” for “or section 1077E”,

• (h) in section 696K(7), by the substitution of “Section 1077E or 1077F, as appropriate,” for “Section 1077E”,

• (i) in section 766(7B)(b)—

• (i) in subparagraph (i)—

• (I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

• (II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) and section 1077E(12)”,

and

• (ii) in subparagraph (ii)—

• (I) by the substitution of “section 1077E or 1077F, as appropriate,” for “section 1077E”, and

• (II) by the substitution of “subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate” for “section 1077E(11) and section 1077E(12)”,

• (j) in section 811D(3)(b), by the substitution of “subsection (2) or (5), as the case may be, of section 1077E or subsection (2) of section 1077F, as appropriate, subsection (2) or (5), as the case may be, of section 116 or subsection (2) of section 116A of the Value-Added Tax Consolidation Act 2010, as appropriate,” for “section 1077E(2) or 1077E(5), section 116(2) or 116(5) of the Value-Added Tax Consolidation Act 2010”,

• (k) in section 835G(7)(b), by the substitution of “section 1077E(5) or 1077F(2)(d), as appropriate,” for “section 1077E(5)”,

• (l) in section 1052(4), by the substitution of “under this section, section 1053 or, as appropriate, section 1077E or 1077F” for “under this section, under section 1053 or under section 1077E”,

• (m) in section 1054(3), by the substitution of “or, as appropriate, section 1077E or 1077F” for “or section 1077E”,

• (n) in section 1075, by the substitution of the following for subsection (5):

• “(5) Subsection (3) of section 1053 and, as appropriate, subsection (9) of section 1077E or subsection (12) of section 1077F, shall apply for the purposes of this section as each of those subsections apply for the purposes of section 1053 and, as appropriate, section 1077E or 1077F”,

• (o) in section 1077(1), by the substitution of “sections 1052, 1053 and 1054 and, as appropriate, section 1077E or 1077F” for “sections 1052, 1053, 1054 and 1077E”,

• (p) in section 1077C(2)(b), by the insertion of “or accepted or undertook to accept a settlement amount (within the meaning of section 1086A) in the circumstances mentioned in paragraph (c) or (d) of section 1086A(2), as appropriate,” after “paragraph (c) or (d) of section 1086(2)”,

• (q) in section 1077D(1)(c), by the insertion of “or accepted or undertook to accept a settlement amount (within the meaning of section 1086A) in the circumstances mentioned in paragraph (c) or (d) of section 1086A(2), as appropriate,” after “paragraph (c) or (d) of section 1086(2)”,

• (r) in section 1078(9)—

• (i) by the insertion of “or subsections (12) and (16) of section 1077F, as appropriate,” after “section 1077E”, and

• (ii) by the substitution of “116(16) or 116A(16), as appropriate,” for “and 116(16)”,

• (s) in section 1084(1)(b), by the insertion of “or deliberately or carelessly delivers an incorrect return of income as set out in section 1077F(2), as appropriate,” after “section 1077E(5)”,

• (t) in section 1104—

• (i) in subsection (3), by the insertion of “1086A,” after “1086,”, and

• (ii) in subsections (4), (5) and (6), by the insertion of “, 1086A” after “1086” in each place where it occurs,

• (u) in Schedule 29, by the substitution of the following title for the title to that Schedule:

“Provisions referred to in sections 1052, 1054, 1077E and 1077F”,

and

• (v) in Schedule 32, in paragraph (7)(3)(b), by the substitution of “sections 1052 and 1054 and, as appropriate, section 1077E or 1077F” for “sections 1052, 1054 and 1077E”.

PART 2 Amendment of Value-Added Tax Consolidation Act 2010

The Value-Added Tax Consolidation Act 2010 is amended—

• (a) in section 101(11)(c), by the substitution of “section 116 or 116A, as appropriate” for “section 116”, and

• (b) in section 113(4), by the substitution of “section 116(10) or 116A(13), as appropriate” for “section 116”.

PART 3 Amendment of Finance Act 2001

The Finance Act 2001 is amended, in section 99B(1), in paragraph (a) of the definition of “qualifying disclosure” by the substitution of the following subparagraph for subparagraph (ii):

• “(ii) full particulars of all matters occasioning any liability to tax or duty that gives rise to—

  • (I) a penalty referred to in section 1077E(4) or 1077F(6), as appropriate, of the Taxes Consolidation Act 1997,

  • (II) a penalty referred to in section 134A(2) of the Stamp Duties Consolidation Act 1999,

  • (III) a penalty referred to in section 116(4) or 116A(6), as appropriate, of the Value-Added Tax Consolidation Act 2010, and

  • (IV) the application of section 1077E(4) or 1077F(6), as appropriate, of the Taxes Consolidation Act 1997, to the Capital Acquisitions Tax Consolidation Act 2003,

  and”.

Footnotes