PART VII

Miscellaneous

123. —(1) In this section—

“the principal section” means section 22 of the Finance Act, 1950 ;

“the 1990 amending section” means section 132 of the Finance Act, 1990 ;

“the forty-first additional annuity” means the sum charged on the Central Fund under subsection (4);

“the Minister”, “the Account” and “capital services” have the same meanings respectively as they have in the principal section.

(2) In relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of December, 1991, subsection (4) of the 1990 amending section shall have effect with the substitution of “£47,057,633” for “£44,965,113”.

(3) Subsection (6) of the 1990 amending section shall have effect with the substitution of “£35,625,154” for “£34,561,200”.

(4) A sum of £49,030,307 to redeem borrowings, and interest thereon, in respect of capital services shall be charged annually on the Central Fund or the growing produce thereof in the thirty successive financial years commencing with the financial year ending on the 31st day of December, 1991.

(5) The forty-first additional annuity shall be paid into the Account in such manner and at such times in the relevant financial year as the Minister may determine.

(6) Any amount of the forty-first additional annuity, not exceeding £37,685,800 in any financial year, may be applied towards defraying the interest on the public debt.

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

124. — Section 92 of the Finance Act, 1989 , is hereby amended in subsection (1) by the substitution in paragraph (ii) of “20 per cent.” for “30 per cent.”.

125. —Each enactment specified in column (2) of the Fourth Schedule is hereby repealed to the extent specified in column (3) of that Schedule.

126. —As respects the year 1991-92 and subsequent years of assessment, section 141 (inserted by the Finance Act, 1986 ) of the Income Tax Act, 1967 , is hereby amended by the substitution, in subsection (4), of “£2,100” for “£720” and the said subsection (4), as so amended, is set out in the Table to this section.

TABLE

(4) No deduction shall be allowed under this section in respect of any child who is entitled in his own right to an income exceeding £2,100 a year, except that, if the amount of the excess is less than the deduction which apart from this subsection would be allowable, a deduction reduced by that amount shall be allowed:

Provided that in calculating the income of the child for the purposes of the foregoing provision no account shall be taken of any income to which the child is entitled as the holder of a scholarship, bursary, or other similar educational endowment.

127. —Section 13 of the Inland Revenue Regulation Act, 1890, is hereby amended, in subsection (1), by the deletion of “at their chief office”.

128. — Section 17 (as amended by the Finance Act, 1976 ) of the Finance Act, 1970 , is hereby amended by the insertion, in paragraph (a) of subsection (5), of “refusal to issue, appeal against refusal to issue,” after “the issue,” and the said paragraph, as so amended, is set out in the Table to this section.

TABLE

(a) the issue, refusal to issue, appeal against refusal to issue, recall or cancellation of certificates of authorisation and the surrender of the certificates;

129. —(1) In this section—

“the Collector” means the Collector-General appointed under section 162 of the Income Tax Act, 1967 ;

“the Commissioners” means the Revenue Commissioners;

“functions” includes powers and duties;

“the Principal Act” means the Capital Acquisitions Tax Act, 1976 ;

“tax” means any tax chargeable under the provisions of the Principal Act.

(2) Notwithstanding anything in the Principal Act, all sums due under the provisions of that Act shall be paid to the Collector or to such person as may be nominated under the provisions of this section.

(3) Section 187 of the Income Tax Act, 1967 , shall, with any necessary modifications, apply in relation to an assessment of tax, a correcting assessment of tax, or an additional assessment of tax as it applies in relation to assessments to income tax.

(4) The Collector shall collect and levy the tax from time to time charged in all assessments, correcting assessments and additional assessments of which particulars have been transmitted to him under subsection (3).

(5) All the provisions of the Income Tax Acts relating to the collection and recovery of income tax shall, subject to any necessary modifications, apply in relation to tax as they apply in relation to income tax chargeable under Schedule D.

(6) (a) The Revenue Commissioners may nominate persons to exercise on behalf of the Collector any or all of the functions conferred upon him by this section and, accordingly, those functions, as well as being exercisable by the Collector, shall also be exercisable on his behalf by persons so nominated.

(b) A person shall not be nominated under this subsection unless he is an officer or employee of the Commissioners.

(7) This section shall apply and have effect as on and from the 1st day of October, 1991.

130. —(1) Section 73 of the Finance Act, 1988 , is hereby amended in subsection (1) by the substitution of the following definition for the definition of “the Acts”:

“‘the Acts’ means—

(i) the Tax Acts,

(ii) the Capital Gains Tax Acts,

(iii) the Value-Added Tax Act, 1972 , and the enactments amending or extending that Act,

(iv) the Capital Acquisitions Tax Act, 1976 , and the enactments amending or extending that Act, and

(v) the Stamp Act, 1891, and the enactments amending or extending that Act,

and any instruments made thereunder;”.

(2) This section shall apply and have effect as on and from the 1st day of October, 1991.

131. —All taxes and duties (except the excise duties on mechanically propelled vehicles imposed by section 75 ) imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.

132. —(1) This Act may be cited as the Finance Act, 1991.

(2) Parts I and VII (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.

(3) Part II (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(4) Part III shall be construed together with the Value-Added Tax Acts, 1972 to 1990, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1991.

(5) Part IV and section 130 (so far as relating to stamp duties) shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(6) Part V shall be construed together with Part VI of the Finance Act, 1983 , and the enactments amending or extending that Part.

(7) Part VI (other than section 122 ) and sections 129 and 130 (so far as relating to gift tax or inheritance tax) shall be construed together with the Capital Acquisitions Tax Act, 1976 , and the enactments amending or extending that Act.

(8) Part I shall, save as is otherwise expressly provided therein, be deemed to have come into force and shall take effect as on and from the 6th day of April, 1991.

(9) Part III (other than sections 77 to 79 , section 81 , sections 83 to 85 , section 86 (2), paragraphs (c) to (e) of section 87 (1) and section 87 (2)) shall be deemed to have come into force and shall take effect as on and from the 1st day of March, 1991, paragraph (c) of section 87 (1) shall take effect as on and from the 1st day of July, 1991, sections 77 and 78 , paragraphs (b) to (d) of section 85 , paragraph (b) of section 86 (2) and paragraph (d) of section 87 (1) shall take effect as on and from the 1st day of January, 1992.

(10) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

(11) In this Act, a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(12) In this Act, a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.