Number 21 of 1969
FINANCE ACT, 1969
ARRANGEMENT OF SECTIONS
INCOME TAX
Section | |
Exemption of certain earnings of writers, composers and artists. | |
PROVISIONS CONSEQUENT UPON OR INCIDENTAL TO THE ABOLITION OF ASSESSMENTS UNDER SCHEDULES A AND B OF INCOME TAX ACT, 1967
Tax treatment of receipts and outgoings on sale of premises. | |
CUSTOMS AND EXCISE
DEATH DUTIES
STAMP DUTIES
Stamp duty on contracts for construction of office buildings. |
CORPORATION PROFITS TAX
Amendment of section 10 of Finance (Miscellaneous Provisions) Act, 1956. | |
Amendment of section 3 of Finance (Miscellaneous Provisions) Act, 1958. | |
TURNOVER TAX
WHOLESALE TAX
MISCELLANEOUS
Spirits (Rates of Ordinary Customs Duty)
Part I
Part II
Duties On Tobacco
Part I
Part II
Part III
Part IV
Duties On Wine
Part I
Part II
Part III
Part IV
Amendment of Enactments
Part I
Part II
Enactments Repealed
Part I
Part II
Part III
Part IV
Part V
Part VI
Part VII
Acts Referred to | |
1967, No 6. | |
1952, No 1. | |
1929, No. 32. | |
1944, No. 18. | |
1963, No. 23. | |
1967, No. 17. | |
1952, No. 25. | |
1969, No. 11. | |
1968, No. 37. | |
1933, No. 15. | |
Finance Act, 1920 | 1920, c. 18. |
Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966 | S.I. No. 132 of 1966. |
Finance Act, 1919 | 1919, c. 32. |
1926, No. 35. | |
1935, No. 28. | |
1968, No, 33. | |
1931, No. 43. | |
1935, No. 7. | |
Imposition of Duties (No. 84) (Hydrocarbon Oils) (Customs Duties) Order, 1959 | S.I. No. 219 of 1959. |
1957, No. 20. | |
1932, No. 20. | |
1940, No. 14. | |
1934, No. 31. | |
1966, No. 17. | |
Customs Consolidation Act, 1876 | 1876, c. 36. |
Customs and Inland Revenue Act, 1881 | 1881, c. 12. |
Excise Licences Act, 1825 | 1825, c. 81. |
Excise Act, 1840 | 1840, c. 17. |
Finance (New Duties) Act, 1916 | 1916, c. 11. |
Finance (1909-10) Act, 1910 | 1910, c. 8. |
1951, No. 15. | |
1947, No. 33. | |
Stamp Act, 1891 | 1891, c 39. |
1949, No. 13. | |
1962, No. 27. | |
1966, No. 21. | |
1950, No. 18. | |
Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964 | S.I. No. 221 of 1964. |
1963, No. 28. | |
1941, No. 23. | |
Succession Duty Act, 1853 | 1853, c. 51. |
1959, No. 18 | |
1956, No. 47. | |
1958, No. 28. | |
1966, No. 22. | |
1927, No. 7. | |
1965, No. 26. | |
1965 No. 4. | |
1968, No. 37. | |
Number 21 of 1969
FINANCE ACT, 1969
PART I
Income Tax
Income tax and sur-tax for the year 1969-70.
1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1969, at the rate of seven shillings in the pound.
(2) Sur-tax for the year beginning on the 6th day of April, 1969, shall be charged in respect of the income of any individual the total of which from all sources exceeds two thousand five hundred pounds and shall be so charged at the same rates as those at which it is charged for the year beginning on the 6th day of April, 1968.
Exemption of certain earnings of writers, composers and artists.
2.—(1) In this section “a work” means an original and creative work, whether written, composed or executed, as the case may be, before or after the passing of this Act, which falls into one of the following categories—
(a) a book or other writing;
(b) a play;
(c) a musical composition;
(d) a painting or other like picture;
(e) a sculpture.
(2) (a) This section applies to an individual—
(i) who is resident in the State and is not resident elsewhere, and
(ii) (I) who is determined by the Revenue Commissioners, after consideration of any evidence in relation to the matter which the individual submits to them and after such consultation (if any) as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them, to have written, composed or executed, as the case may be, either solely or jointly with another individual, a work or works generally recognised as having cultural or artistic merit, or
(II) who has written, composed or executed, as the case may be, either solely or jointly with another individual, a particular work which the Revenue Commissioners, after consideration of the work and of any evidence in relation to the matter which the individual submits to them and after such consultation (if any) as may seem to them to be necessary with such person or body of persons as in their opinion may be of assistance to them, determine to be a work having cultural or artistic merit.
(b) The Revenue Commissioners shall not make a determination under this subsection unless—
(i) the individual concerned duly makes a claim to the Revenue Commissioners for the determination, being, where the determination is sought under paragraph (a) (ii) (II), a claim made after the publication, production or sale, as the case may be, of the work in relation to which it is sought, and
(ii) the individual complies with any request to him under subsection (4).
(3) (a) An individual to whom this section applies and who duly makes a claim to the Revenue Commissioners in that behalf shall, subject to paragraph (b), be entitled to have the profits or gains arising to him from the publication, production or sale, as the case may be, of a work or works in relation to which the Revenue Commissioners have made a determination under clause (I) or (II) of subsection (2) (a) (ii), or of a work of his in the same category as that work, and which would, apart from this section, fall to be included in an assessment made on him under Case II of Schedule D, disregarded for all purposes of the Income Tax Acts.
(b) The exemption authorised by this section shall not apply for any year of assessment prior to the year of assessment in which the individual concerned makes a claim under clause (I) or (II) of subsection (2) (a) (ii) in respect of which the Revenue Commissioners make such a determination as is referred to in the said clause (I) or (II), as the case may be.
(c) The relief provided by this section may be given by repayment or otherwise.
(4) (a) Where an individual makes a claim to which subsection (2) (a) (ii) (I) relates, the Revenue Commissioners may serve on him a notice or notices in writing requesting him to furnish to them within such period as may be specified in the notice or notices such information, books, documents or other evidence as may appear to them to be necessary for the purposes of a determination under the said subsection (2) (a) (ii) (I).
(b) Where an individual makes a claim to which subsection (2) (a) (ii) (II) relates, he shall—
(i) in the case of a book or other writing or a play or musical composition, if the Revenue Commissioners so request, furnish to them three copies, and
(ii) in the case of a painting or other like picture or a sculpture, if the Revenue Commissioners so request, provide, or arrange for the provision of, such facilities as the Revenue Commissioners may consider necessary for the purposes of a determination under the said subsection (2) (a), (ii) (II) (including any requisite permissions or consents of the person who owns or has in his possession the painting, picture or sculpture).
(5) The Revenue Commissioners may serve on an individual who makes a claim under subsection (3) a notice or notices in writing requiring him to make available within such time as may be specified in the notice all such books, accounts and documents in his possession or power as may be requested, being books, accounts and documents relating to the publication, production or sale, as the case may be, of the work in respect of the profits or gains of which exemption is claimed.
(6) For the purpose of arriving at the amount of the profits or gains to be disregarded under this section for all purposes of the Income Tax Acts, the Revenue Commissioners may make such apportionment of receipts and expenses as may be necessary.
(7) Notwithstanding any exemption provided by this section, the provisions of the Income Tax Acts as regards the making by the individual of a return of his total income shall apply as if the exemption had not been authorised.
Employed person taking care of incapacitated individual.
3.—(1) Subject to the provisions of this section, an individual who, in the manner prescribed by the Income Tax Acts makes a claim in that behalf, makes a return in the prescribed form of his total income and proves—
(a) (i) that, throughout the year of assessment, he was totally incapacitated by physical or mental infirmity, or
(ii) that, being a married man, his wife was, throughout the year of assessment, totally incapacitated by physical or mental infirmity, and
(b) that for the year of assessment he has employed a person for the purpose of having the care of the person (being the individual or his wife) who is so incapacitated,
shall, in computing the amount of his taxable income, be entitled to have a deduction of £100 made from his assessable income.
(2) No more than one deduction shall be allowed under this section to any claimant for any year.
(3) (a) The provisions of sections 146 and 149 of the Income Tax Act, 1967, shall apply to a deduction under this section as they apply to any allowance, deduction or relief under sections 134 to 145 of that Act.
(b) The provisions of Schedule 4 to the Income Tax Act, 1967, and of paragraph IX of Schedule 18 to that Act shall, with any necessary modifications, apply in relation to a deduction under this section.
(4) Where for any year of assessment a deduction is allowed to an individual under this section in respect of an employed person, the individual shall not be entitled to a deduction in respect of that person under section 141 or 142 of the Income Tax Act, 1967.
(5) Section 153 (1) (d) of the Income Tax Act, 1967, is hereby amended by the insertion after “1967” of “, and section 3 of the Finance Act, 1969,”.
(6) Section 193 of the Income Tax Act, 1967, is hereby amended—
(a) by the insertion in subsection (2) after paragraph (c) of the following paragraph:
“(cc) so far as it flows from relief under section 3 of the Finance Act, 1969, in the proportions in which they bear the cost of employing the person in respect of whom the relief is given,”; and
(b) by the addition at the end of subsection (6) of “or under section 3 of the Finance Act, 1969”.
(7) Section 497 of the Income Tax Act, 1967, is hereby amended by the insertion after “sections 138 to 143” of “or under section 3 of the Finance Act, 1969,”.
(8) Section 523 of the Income Tax Act, 1967, is hereby amended—
(a) by the substitution in subsection (1) (a) of “, 142 and section 3 of the Finance Act, 1969” for “and 142”; and
(b) by the addition at the end of subsection (3) (b) (i) of “and by treating any amount included in a deduction under the said paragraph (a) in respect of relief under section 3 of the Finance Act, 1969, as reducing the income of the husband or the wife according as he or she bears the cost of employing the person in respect of whom the relief is given”.
Deductions in respect of decimalised machinery or plant.
4.—(1) In this section—
“conversion”, in relation to machinery or plant, means any conversion or adaptation of the machinery or plant which is made because of the introduction in the State of a system of decimal currency;
“decimalised machinery or plant” means machinery or plant—
(a) which before the 6th day of April, 1971, is provided for use in any area other than an undeveloped area for the purposes of a trade or profession and which, at the time it is so provided, is unused and not secondhand,
(b) which is of a kind which is so provided because of the introduction in the State of a system of decimal currency, and
(c) which is not so provided for use in the manufacture of machinery or plant;
“undeveloped area” has the same meaning as in the Undeveloped Areas Act, 1952.
(2) Subject to the provisions of this section, where for any year of assessment a deduction falls to be allowed under section 241 of the Income Tax Act, 1967, for wear and tear of any decimalised machinery or plant, the deduction shall, subject to subsection (6) of that section, be increased by such amount as is specified by the person to whom the deduction is to be allowed in making his claim for the deduction; and, in relation to a case in which this subsection has had effect, any reference in the Income Tax Acts to a deduction allowed under the said section 241 shall be construed as a reference to that deduction as increased under this subsection.
(3) Subsection (2) shall not apply to decimalised machinery or plant which is let to a person on the terms mentioned in section 241 (2) of the Income Tax Act, 1967, unless the contract of letting provides that the person shall or may become the owner of the machinery or plant on the performance of the contract; and where the contract so provides, if the person ceases to be entitled (otherwise than on his death) to the benefit of the contract so far as it relates to the machinery or plant, but without having become the owner of the machinery or plant, subsection (2) shall be deemed not to have applied in relation to the machinery or plant, and, accordingly, there shall be made all such additional assessments and adjustments of assessments as may be appropriate.
(4) Where for any year of assessment the deduction under section 241 of the Income Tax Act, 1967, for wear and tear of any machinery or plant is increased under this section, no allowance under Chapter I of Part XV of the said Act shall be made in relation to the machinery or plant for that or any subsequent year of assessment.
(5) Where before the 6th day of April, 1971, a person carrying on a trade or profession incurs expenditure on the conversion of machinery or plant which is in use for the purposes of the trade or profession and is not in use for the purpose of manufacturing machinery or plant, the amount of the said expenditure shall (if not otherwise so allowable) be allowable as a deduction in computing for the purposes of income tax the profits or gains or losses of the trade or profession, and, where it is so allowed, shall not be regarded as capital expenditure for any of the purposes of the Income Tax Acts.
Income of foreign life assurance fund.
5.—(1) Section 76 of the Income Tax Act, 1967, is hereby amended by the insertion, after subsection (6), of the following subsections:
“(7) Where—
(a) any securities issued by the Minister for Finance with a condition in the terms specified in section 464, or
(b) any stocks or other securities to which section 474 applies and which are issued with either or both of the conditions specified in subsection (2) of that section,
for the time being form part of the investments of the foreign life assurance fund of an assurance company, the income arising from any of those stocks or securities, if applied for the purposes of that fund or reinvested so as to form part of that fund, shall not be liable to tax.
(8) Where the Revenue Commissioners are satisfied that any income arising from the investments of the foreign life assurance fund of an assurance company has been remitted to the State and invested, as part of the investments of that fund, in any stocks or securities issued as aforesaid, that income shall not be liable to tax and any tax paid thereon shall, if necessary, be repaid to the company.”.
(2) Where an assurance company having its head office in the State carries on business in Northern Ireland or Great Britain and under provisions of the law therein corresponding with section 237 of the Income Tax Act, 1967, exemption from income tax is allowable in respect of income from investments and deposits referable to pension annuity business, section 76 of the Income Tax Act, 1967, shall apply in relation to the income as if paragraphs 1 (1) and 2 of Part III of the Sixth Schedule to that Act did not have effect.
(3) Paragraph 1 (2) of Part III of the said Schedule shall have effect subject to subsection (2) of this section.
(4) Section 214 (5) of the Income Tax Act, 1967, shall apply as if the reference therein to income included a reference to income relieved from tax under this section.
(5) Section 237 (3) of the Income Tax Act, 1967, is hereby amended by the substitution of “subsection (3), (7) or (8) of section 76” for “section 76 (3)”.
Making of assessments for years prior to 1963-64.
6.—(1) Where, after the passing of this Act, an assessment for the year 1962-63 or any earlier year of assessment falls to be made—
(a) under Schedule A or Schedule B in accordance with section 3 (1) of the Finance Act, 1929, or
(b) under Schedule D or Schedule E in accordance with section 9 (1) of the Finance Act, 1944,
any such assessment may be made as if the repeal of paragraph (b) of the said section 3 (1) and the said section 9 (1) by section 104 (2) of and the Sixth Schedule to the Finance Act, 1963, had effect in relation to the making of assessments for the year 1962-63 or any earlier year of assessment as it has effect in relation to the making of assessments for the year 1963-64 or any later year of assessment.
(2) Where, after the passing of this Act, two or more assessments for the year 1962-63 or any earlier year of assessment fall to be made on a person under Schedule A, B, D or E or under any two or more of those Schedules, the provisions of section 183 of the Income Tax Act, 1967, shall apply to such assessments as they apply in relation to assessments for the year 1963-64 or any later year of assessment.
Amendment of section 12 of Finance Act, 1967.
7.—Section 12 (2) of the Finance Act, 1967, is hereby amended—
(a) by the substitution in paragraph (b) (i) of “£500” for “£300”,
(b) by the substitution in paragraph (b) (ii) of “£500-£450” for “£300-£250”, and
(c) by the addition of the following new paragraph—
“(c) Where an individual, having made a claim in that behalf and having made a return in the prescribed form of his total income, proves that in the year of assessment he defrayed health expenses which were incurred for the provision of health care for qualified persons and which amount in the aggregate to more than £100, but excluding from the computation of that aggregate any such expenses in excess of £500 for any one qualified person, he shall be entitled, for the purpose of ascertaining the amount of the income on which he is to be charged to income tax, to have a deduction of the amount by which the aggregate of the health expenses so computed exceeds £100 made from his assessable income and such deduction shall be in substitution for and not in addition to a deduction under paragraph (a).”.
Amendment of section 125 of Income Tax Act, 1967.
8.—Section 125 (a) of the Income Tax Act, 1967, is hereby amended by the addition of—
“not being emoluments of an employee arising from an office under or employment with the Bank of Ireland which he commences to hold on or after the date on which the business of the National Bank of Ireland Limited and the Hibernian Bank, Limited is transferred to the Bank of Ireland”.
Amendment of section 138 of Income Tax Act, 1967.
9.—Section 138 of the Income Tax Act, 1967, is hereby amended—
(a) by the substitution in subsection (1) of “£424” for “£394”, in each place where it occurs, of “£249” for “£234” and of “£524” for “£494”; and
(b) by the substitution in subsection (2) of “£249” for “£234” in both places where it occurs and of “£274” for “£259”.
Amendment of section 141 of Income Tax Act, 1967.
10.—Section 141 of the Income Tax Act, 1967, is hereby amended by the substitution of the following subsections for subsection (1):
“(1) If the claimant proves that he has living at any time during the year of assessment any child—
(a) who is under the age of 16 years, or
(b) who, if over the age of 16 years at the commencement of that year—
(i) is receiving full-time instruction at any university, college, school or other educational establishment, or
(ii) is permanently incapacitated by reason of mental or physical infirmity from maintaining himself and had become so permanently incapacitated before he had attained the age of 21 years or had become so permanently incapacitated after attaining the age of 21 years but while he had been in receipt of full-time instruction as aforesaid,
he shall, subject to the provisions of this section, be entitled in respect of each such child to the deduction specified in the next succeeding subsection.
(1A) The deduction referred to in subsection (1) shall be:
(a) in the case of a child to whom paragraph (a) of that subsection applies and who is shown by the claimant to have been over the age of 11 years at the commencement of the year of assessment, £150, and in the case of any other such child, £135:
Provided that all but one of the deductions to be given under subsections (1) and (2) in respect of children for whom the claimant is, or would on due application be, entitled throughout the year of assessment to a children's allowance shall be reduced by £10 each for the year 1969-70 and by £15 each for any subsequent year,
(b) in the case of a child to whom subsection (1) (b) (i) applies, £150,
(c) in the case of a child to whom subsection (1) (b) (ii) applies and who is wholly or partly maintained by the claimant at his own expense, £150 if the amount expended by the claimant in the year of assessment on the maintenance of the child is not less than £150, and, where the amount so expended is less than £150, that amount:
Provided that—
(i) any deduction under subsection (1) (b) (ii) shall be in substitution for, and not in addition to, any deduction to which the claimant might be entitled in respect of the child under section 142; and
(ii) a claimant shall not be entitled to more than one deduction under subsection (1) in respect of the same child.
(1B) In the preceding provisions of this section—
‘child’ includes a stepchild and an illegitimate child whose parents have married each other after his birth and a child in respect of whom an adoption order under the Adoption Act, 1952, is in force:
‘children's allowance’ means an allowance under the Social Welfare (Children's Allowances) Acts, 1944 to 1966.”.
Amendment of section 142 of Income Tax Act, 1967.
11.—Section 142 (1) of the Income Tax Act, 1967, is hereby amended by the substitution of “£256” for “£200” in both places where it occurs and by the substitution of “£196” for “£140”.
Amendment of section 157 of Income Tax Act, 1967.
12.—The following paragraph is substituted for paragraph (c) of section 157 of the Income Tax Act, 1967:
“(c) all other interest, annuities, and dividends, and salaries and pensions payable by the Bank other than salaries and pensions payable to persons who commence to hold an office under or employment with the Bank on or after the date on which the business of the National Bank of Ireland Limited and the Hibernian Bank, Limited is transferred to the Bank; and”.
Amendment of section 193 of Income Tax Act, 1967.
13.—Section 193 of the Income Tax Act, 1967, is hereby amended by the insertion of the following subsection after subsection (2) :
“(2A) For the purposes of paragraphs (c) and (f) of subsection (2), the benefit flowing from the aggregate of the deductions allowable under subsections (1) and (2) of section 141 to which the proviso to section 141 (1A) (a) applies shall be allocated as if each such deduction amounted to the said aggregate divided by the number of such deductions.”.
Amendment of section 246 of Income Tax Act, 1967.
14.—Section 246 of the Income Tax Act, 1967, is hereby amended by the insertion after subsection (1) of the following subsection :
“(1A) (a) A shipping investment allowance shall not be made under subsection (1) in respect of any capital expenditure (whether incurred before or after the passing of the Finance Act, 1969) which is taken into account for the purposes of any grant made towards that expenditure by the Minister for Transport and Power under the Shipping Investment Grants Act, 1969.
(b) Where a shipping investment allowance has been made under subsection (1) in respect of capital expenditure which is taken into account for the purposes of such a grant as is mentioned in paragraph (a), the shipping investment allowance shall be withdrawn and all such additional assessments and adjustments of assessments shall be made as may be necessary as a consequence of the withdrawal of a shipping investment allowance or the substitution therefor of an initial allowance under Chapter I of Part XV.”.
Amendment of section 374 of Income Tax Act, 1967.
15.—Section 374 (2) of the Income Tax Act, 1967, is hereby amended by the substitution of “5th day of April, 1990” for “expiration of the period of twenty-five years from the 25th day of November, 1958”.
Amendment of section 402 of Income Tax Act, 1967,
16.—Section 402 of the Income Tax Act, 1967, is hereby amended by—
(a) the substitution, except in relation to section 405 of that Act, of “fifteen” for “ten” in each place where it occurs, and
(b) the substitution of “1990-91” for “1980-81” in paragraph (a) of the proviso.
Amendment of section 523 of Income Tax Act, 1967.
17.—Section 523 of the Income Tax Act, 1967, is hereby amended by the addition of the following subsection—
“(5) for the purposes of subparagraph (i) and (ii) of subsection (3) (b), the relief from sur-tax resulting from aggregate of the deductions allowable under subsections (1) and (2) of section 141 to which the proviso to subsection 141 (1A) (a) applies shall be divided as if each such deduction amounted to the said aggregate divided by the number of such deductions.”.
PART II
Provisions Consequent Upon Or Incidental To The Abolition Of Assessments Under Schedules A And B Of Income Tax Act, 1967
Profits from the occupation of certain lands.
18.—(1) In this section—
“farming” means farming farm land, that is, land in the State wholly or mainly occupied for the purposes of husbandry, the profits or gains from the occupation of which would, but for the repeal by this Act of Schedule B of the Income Tax Act, 1967, be chargeable under that Schedule;
“occupation”, in relation to any land, means the having the use thereof;
“woodlands” means woodlands in the State.
(2) Except as otherwise provided by section 81 of the Income Tax Act, 1967, or by section 19 of this Act, the profits or gains arising—
(a) from farming, or
(b) to the owner of a stallion from the sale of services of mares by the stallion or to the part-owner of a stallion from the sale of such services or of rights to such services, or
(c) from the occupation of woodlands managed on a commercial basis and with a view to the realisation of profits,
shall not be taken into account for any purpose of the Income Tax Acts.
Cattle and milk dealers.
19.—(1) In this section “farm land” and “occupation” have the same meanings as in section 18.
(2) The occupation by a dealer in cattle or a dealer in or a seller of milk of farm land which is insufficient for the keep of the cattle brought on to the land shall be treated as the carrying on of a trade and the profits or gains thereof shall be charged under Case 1 of Schedule D.
Dividends paid out of certain exempt profits.
20.—(1) In this section “exempt profits” means any profits or gains which by virtue of section 18 are not chargeable to tax under Schedule D.
(2) Where a dividend is paid in part out of exempt profits and in part out of other profits, sections 456 and 457 of the Income Tax Act, 1967, shall apply as if the dividend consisted of two dividends respectively paid out of exempt profits and out of other profits.
(3) So much of any dividend as has been paid out of exempt profits shall not be regarded as income or profits for any purpose of the Income Tax Acts.
(4) Section 458 of the Income Tax Act, 1967, shall apply and have effect in relation to every warrant, cheque or order drawn or made by a company (within the meaning of that section) for the payment of a dividend payable wholly or in part out of exempt profits as if the statement referred to in that section were required to show, in addition to the particulars required to be given apart from this section, either (as the case may require)—
(a) that the whole of the sum for which the warrant, cheque or order is drawn or made is a payment of a dividend out of exempt profits, or
(b) that a part of such sum is a payment out of exempt profits and that a part (the gross amount of which, before any deduction in respect of income tax, is separately stated) of such sum is a payment out of other profits.
Amendment of Schedule 6 to Income Tax Act, 1967.
21.—Paragraph 1 of Part III of Schedule 6 to the Income Tax Act, 1967, is hereby amended—
(a) by the insertion in subparagraph (2) after “stocks, shares, or rents” of “or the occupation of land”;
(b) by the deletion of the proviso to subparagraph (2); and
(c) by the deletion of subparagraph (3).
Taxation of rents and other receipts.
22.—The following section is hereby substituted for section 81 of the Income Tax Act, 1967:
“81.—(1) Without prejudice to any other provisions of the Income Tax Acts, the profits or gains arising from—
(a) any rent in respect of any premises, and
(b) any receipts in respect of any easement,
shall, subject to and in accordance with the provisions of the Income Tax Acts, be deemed for all purposes of those Acts to be annual profits or gains within Schedule D and the person entitled to such profits or gains (hereafter in this Chapter referred to as the person chargeable) shall be chargeable in respect thereof under Case V (inserted by the Finance Act, 1969) of that Schedule:
Provided that the said rents or receipts do not include any payments to which section 93 applies.
(2) Profits or gains chargeable under Case V of Schedule D shall, for all the purposes of ascertaining liability to income tax, be deemed to issue from a single source and the provisions of subsection (3) shall apply accordingly.
(3) (a) Tax under Case V of Schedule D shall, subject to the provisions of this subsection, be computed—
(i) as respects the year of assessment in which the profits or gains first arise, on the full amount of the profits or gains arising within that year, and
(ii) as respects subsequent years of assessment, on the full amount of the profits or gains arising within the year preceding the year of assessment:
Provided that—
(I) where the profits or gains first arose on some day in the year preceding the year of assessment other than the 6th day of April, the computation shall be made on the profits or gains of the year of assessment;
(II) where the profits or gains first arose on the 6th day of April in the year preceding the year of assessment, or on some day in the year next before the year preceding the year of assessment other than the 6th day of April, the person chargeable shall be entitled, on making a claim at any time within twelve months after the end of the year of assessment, to be charged on the amount of the profits or gains of that year, and, if the tax charged has been paid, any amount overpaid shall be repaid; and
(III) where in computing the profits or gains on which tax is finally charged for any year of assessment any part of a premium or other sum chargeable by virtue of section 83 and in respect of which no election has been or could have been made under subsection (6) of that section, has been taken into account, the amount so taken into account shall be disregarded in computing the amount of the profits or gains on which tax is charged for any subsequent year.
(b) If in any year of assessment the person chargeable ceases to possess the whole of such single source of profits or gains as is mentioned in subsection (2), section 58 (5) shall, subject to the necessary modifications, apply in any such case as if the cesser of the possession of such single source were the discontinuance of a trade.
(c) The reference in paragraph (b) to a person ceasing to possess the whole of a single source of profits or gains shall be construed as referring to a cesser occurring by reason of the person dying while in possession of such single source of profits or gains as well as to a cesser occurring in the lifetime of such person and for the purposes of paragraph (b) such death shall be deemed to cause a cesser and such cesser shall be deemed to take place on the day of such death.
(4) Subject to the subsequent provisions of this Chapter, the amount of the profits or gains arising in any year shall, for the purposes of Case V of Schedule D, be computed as follows:
(a) the amount of any rent shall be taken to be the gross amount thereof before any deduction for income tax;
(b) subject to section 82, the amount of the profits or gains arising in any year shall be the aggregate of the surpluses computed in accordance with paragraph (c), reduced by the aggregate of the deficiencies as likewise computed;
(c) the amount of the surplus or deficiency in respect of each rent or in respect of the total receipts from easements shall be computed by making from the rent or total receipts from easements, as the case may be, to which the person chargeable becomes entitled in any year, the deductions authorised by the next following subsection.
(5) The deductions authorised by this subsection are deductions by reference to any or all of the following matters:
(a) the amount of any rent payable by the person chargeable in respect of the premises or in respect of a portion thereof;
(b) any sums borne by the person chargeable—
(i) in the case of a rent under a lease, in accordance with the conditions of the lease, and
(ii) in any other case, relating to and constituting an expense of the transaction or transactions under which the rents or receipts were received,
in respect of county rate, municipal rate or other rate, whether such sums are by law chargeable upon him or upon some other person;
(c) the cost to the person chargeable of any services rendered or goods provided by him, otherwise than by way of maintenance or repairs, being services or goods which—
(i) in the case of a rent under a lease, he is legally bound under the lease to render or provide but in respect of which he receives no separate consideration, and
(ii) in any other case, relate to and constitute an expense of the transaction or transactions under which the rents or receipts were received not being an expense of a capital nature;
(d) the cost of maintenance, repairs, insurance and management of the premises borne by the person chargeable and relating to and constituting an expense of the transaction or transactions under which the rents or receipts were received, not being an expense of a capital nature;
(e) interest on borrowed money employed in the purchase, improvement or repair of the premises.
(6) (a) The amount of the deductions authorised by subsection (5) shall be the amount which would fall to be deducted in computing profits or gains under the provisions applicable to Case I of Schedule D if the receipt of rent were deemed to be a trade carried on—
(i) in the case of a rent under a lease, during the currency of the lease, and
(ii) in the case of a rent not under a lease, during the period during which the person chargeable was entitled to the rent,
by the person chargeable and the premises comprised in the lease or to which the rent relates were deemed to be occupied for the purpose of that trade.
(b) For the purpose of this subsection the currency of a lease shall be deemed to include a period immediately following its termination, during which the lessor immediately before the termination was not in occupation of the premises or any part thereof, but was entitled to possession thereof, if at the end of that period the premises have become subject to another lease granted by him.
(7) (a) Where the person chargeable is entitled in respect of any premises (hereafter in this subsection referred to as the said premises) to a rent or to receipts from any easement and a sum by reference to which a deduction is authorised to be made by subsection (5) is payable by him in respect of premises which comprise the whole or a part of the said premises and other premises, the inspector shall make, according to the best of his knowledge and judgment, any appropriate apportionment of the said sum in determining the amount of any deduction under that subsection.
(b) Where the person chargeable retains possession of a part of any premises and that part is used in common by persons respectively occupying other parts of the premises, the provisions of paragraph (a) shall apply as if a payment made in respect of the part used in common had been made in respect of those other parts.
(8) Any amount or part of an amount shall not be deducted under subsection (5) if it has otherwise been allowed as a deduction in computing the income of any person for the purposes of income tax.
(9) Notwithstanding anything in section 190, relief shall not be given under that section by reason only of the fact that a rent falling due on or before the 5th day of April, 1969, and from which income tax was deducted on payment thereof was taken into account in computing the profits or gains on which tax is chargeable under Case V of Schedule D for the year 1969-70.
(10) If any person who was assessed and charged to tax for the year 1969-70 in respect of profits or gains chargeable under Case V of Schedule D proves that the amount of the assessment in respect of the said profits or gains was greater by more than 20 per cent, than the actual amount of those profits or gains arising to him in the said year he shall be entitled on making a claim on or before the 30th day of September, 1970, to have the assessment for the year 1969-70 reduced to the amount of the actual profits or gains of the year and if the tax charged has been paid any amount overpaid shall be repaid.”.
Additional deductions in certain cases.
23.—The following section is hereby substituted for section 82 of the Income Tax Act, 1967:
“82.—(1) In this section—
‘excepted profits or gains’ means profits or gains arising from rent under a lease in respect of premises where, for the year on the profits or gains of which tax under Case V of Schedule D is finally computed for the year of assessment, all the following conditions are satisfied that is to say:
(a) the premises are premises to which subsection (2) applies;
(b) the lease was granted for a term not exceeding fifty years and imposes no obligation on the lessee to maintain or repair the fabric or exterior of any building or to contribute to the cost of such maintenance or repairs, and
(c) the rent to which the lessor is entitled or, in a case in which a deduction is allowable under section 81 (5) (b) in arriving at the amount of the profits or gains for the purpose of assessment under Case V of Schedule D, the said rent reduced by the deduction allowable as aforesaid does not exceed £52 per annum;
‘profit rent’ means, in relation to any premises in respect of which the person chargeable is, in the year on the profits or gains of which tax under Case V of Schedule D is finally computed for the year of assessment, entitled to a rent under a lease, the amount of the rent receivable in that year reduced by the deductions authorised by section 81 (5).
(2) (a) This subsection applies to any premises which are shown to be, in the year on the profits or gains of which tax is finally computed for the year of assessment, a controlled dwelling within the meaning of the Rent Restrictions Acts, 1960 and 1967.
(b) Where, in computing the profits or gains on which tax under Case V of Schedule D is finally computed for any year of assessment, a rent under a lease of any premises to which this subsection applies falls to be taken into account, the amount which would, apart from this subsection, be required to be taken into account shall be reduced by an amount equal to two-fifths of the profit rent:
Provided that, for any year of assessment, the aggregate of all amounts by which profits or gains, other than excepted profits or gains, arising to any person are reduced by virtue of this paragraph shall not exceed £200
(3) The reference, in the proviso to subsection (2) (b), to profits or gains arising to any person shall be deemed to include, in the case of an individual, a reference to profits or gains arising to the wife or husband of the individual.
In this subsection and subsection (4) ‘wife’ means a married woman who under section 196 (1) is to be treated as living with her husband, and ‘husband’ has a corresponding meaning.
(4) (a) Where in any year of assessment profits or gains chargeable under Case V of Schedule D arise to both a husband and a wife from rents in respect of premises to which subsection (2) applies and the aggregate (hereafter in this subsection referred to as the gross aggregate) of all amounts by which the said profits or gains would have fallen to be reduced under this section, if the proviso to subsection (2) (b) (hereafter in this subsection referred to as the limiting provision) had been omitted from this section, exceeds what in consequence of the operation of the limiting provision is the aggregate (hereinafter in this subsection referred to as the net aggregate) of all amounts by which the said profits or gains may be reduced, the aggregate of all amounts by which the profits or gains arising to either spouse are reduced shall not exceed the sum which bears to the net aggregate the same proportion as the aggregate of all amounts by which, but for the limiting provision, the profits or gains arising to that spouse would have fallen to be reduced bears to the gross aggregate.
(b) Any reference in this subsection to profits or gains does not include a reference to excepted profits or gains.”.
Relief in respect of losses.
24.—(1) The following section is hereby substituted for section 89 of the Income Tax Act, 1967:
“89.—(1) Where in any year of assessment the aggregate amount of the deficiencies, computed in accordance with section 81 (4), exceeds the aggregate of the surpluses as so computed, the excess may, on a claim being made in that behalf, be deducted from or set off, as far as may be, against the amount of profits or gains on which the person chargeable is assessed under Case V of Schedule D for that year, and any portion of the excess for which relief is not so given shall be carried forward and, so far as may be, deducted from or set off against the amount of profits or gains on which he is assessed under Case V of Schedule D for any subsequent year of assessment, and, if tax has been overpaid, the amount overpaid shall be repaid.
(2) Any relief under this section by way of carrying forward any portion of such excess as is referred to in subsection (1) shall be given as far as possible from the first subsequent assessment, and so far as it cannot be so given then from the next assessment and so on.”.
(2) (a) Where in any of the years of assessment 1963-64 to 1968-69—
(i) the aggregate amount of the deductions authorised by section 81 (4) of the Income Tax Act, 1967, in relation to any lease of a duration not exceeding fifty years exceeded the amount of the rent to which a person became entitled, and
(ii) such excess, having been deemed to be such a loss as is mentioned in section 310 of the Income Tax Act, 1967, was not relieved or was not fully relieved under that section,
then, any loss or portion of a loss not so relieved shall be carried forward and, as far as may be, deducted from or set off against the amount of the profits or gains on which that person is assessed under Case V of Schedule D for the year 1969-70 or any subsequent year.
(b) Any relief under paragraph (a) shall be given as far as possible from the assessment for the year 1969-70, and, so far as it cannot be so given, then from the assessment for the year 1970-71 and so on:
Provided that where, by reason of an insufficiency of profits or gains chargeable under Case V of Schedule D for any year, full relief in respect of any loss or portion thereof carried forward under paragraph (a) cannot be given by deduction from or set-off against the profits or gains so chargeable, that portion of the loss for which relief has not been so given shall, so far as may be, be deducted from or set off, against the amount of any profits or gains on which that person is assessed under Case IV of Schedule D for that year; and the balance of any loss so carried forward to that year for which relief cannot be given against profits or gains so chargeable for that year under the said Cases IV or V shall be carried forward to any subsequent year of assessment.
Rents, etc., payable to non-residents.
25.—(1) Section 200 of the Income Tax Act, 1967, shall not apply to—
(a) tax on profits or gains chargeable to tax under Case V of Schedule D, or
(b) tax on any of the profits or gains chargeable under Case IV of Schedule D which arise under the terms of a lease, but to a person other than the lessor, or otherwise arise out of any disposition or contract such that if they arose to the person making it they would be chargeable under the said Case V,
where payment is made (whether in the State or elsewhere) directly to a person whose usual place of abode is outside the State, but section 434 of the Income Tax Act, 1967, shall apply in relation to the payment as it applies to other payments being annual payments charged with tax under Schedule D and not payable out of profits or gains brought into charge to tax.
(2) Where by virtue of subsection (1) the tax chargeable for any year of assessment on a person's profits or gains chargeable to tax under either or both of the Cases therein mentioned would but for this subsection be greater than the tax which would be chargeable thereon but for the said subsection (1), then on a claim in that behalf being made relief shall be given from the excess, whether by repayment or otherwise.
Tax treatment of receipts and outgoings on sale of premises.
26.—(1) Where by virtue of a contract for the sale of an estate or interest in premises there falls to be apportioned between the parties a receipt or outgoing in respect of the estate or interest which becomes due after the making of the contract but before the time at which the apportionment falls to be made, and a part of the receipt is therefore receivable by the vendor in trust for the purchaser or, as the case may be, a part of the outgoing is paid by the vendor as trustee for the purchaser, the purchaser shall be treated for the purposes of tax under Case V of Schedule D as if that part had become receivable or payable on his behalf immediately after the time at which the apportionment falls to be made.
(2) Where by virtue of such a contract there falls to be apportioned between the parties a receipt or outgoing in respect of the estate or interest which became due before the making of the contract, the parties shall be treated for the purposes of tax under Case V of Schedule D as if the contract had been entered into before the receipt or outgoing became due, and subsection (1) shall apply accordingly.
(3) Where on the sale of an estate or interest in premises there is apportioned to the vendor a part of a receipt or outgoing in respect of the estate or interest which becomes receivable or is paid by the purchaser after the making of the apportionment, then for the purposes of tax under Case V of Schedule D—
(a) when the receipt becomes due or, as the case may be, the outgoing is paid, the amount of it shall be treated as reduced by so much thereof as was apportioned to the vendor;
(b) the part apportioned to the vendor shall be treated as if it were of the same nature as the receipt or outgoing and had become receivable, or had been paid, directly by him, and, where it is a part of an outgoing, had become due, immediately before the time at which the apportionment is made.
(4) Any reference in subsection (1) or (2) to a party to a contract shall include a person to whom the rights and obligations of that party under the contract have passed by assignment or otherwise.
(5) In this section “premises” has the same meaning as in section 80 (1) of the Income Tax Act, 1967.
(6) This section shall come into operation on the date of the passing of this Act.
Amendment of section 80 of Income Tax Act, 1967.
27.—Section 80 of the Income Tax Act, 1967, is hereby amended—
(a) by the deletion in subsection (1) of the definitions of “long lease”, “short lease” and “unit of valuation”.
(b) by the substitution in subsection (1) of the following definition for the definition of “rent”:
“‘rent’ includes—
(i) any rentcharge, fee farm rent and any payment in the nature of rent, notwithstanding that the payment may relate partly to premises and partly to goods or services, and
(ii) any payment made by the lessee to defray the cost of work of maintenance of or repairs to the premises, not being work required by the lease to be carried out by the lessee;”,
(c) by the substitution in subsection (2) of “for the purposes of this Chapter” for “for the purpose of the definition of ‘long lease’ and ‘short lease’ contained in subsection (1)”, and
(d) by the substitution in subsection (3) of “section 16 (3) of the Finance (Miscellaneous Provisions) Act, 1968” for “section 96 (3)”.
Relief for amount not received.
28.—The following section is hereby substituted for section 90 of the Income Tax Act, 1967:
“90.—Where on a claim in that behalf a person chargeable proves that he has not received an amount to which he is entitled and which falls to be taken into account in computing the profits or gains on which he is chargeable by virtue of this Chapter under Case IV or V of Schedule D, and
(a) if the non-receipt of the said amount was attributable to the default of the person by whom it was payable, that the said amount is irrecoverable, or
(b) if he has waived payment of the said amount, that the waiver was made without consideration and was reasonably made in order to avoid hardship,
the person chargeable shall be treated for tax purposes for all relevant years of assessment as if he had not been entitled to receive the said amount, and such adjustment shall be made, by repayment or otherwise, as the case may require; but if all or any part of the said amount is subsequently received, the person's liability to tax for all relevant years of assessment shall be appropriately re-adjusted by additional assessment or otherwise.”.
Deduction of tax from certain rents and other payments.
29.—The following section is hereby substituted for section 93 of the Income Tax Act, 1967:
“93.—(1) This section applies to the following payments:
(a) any rent payable in respect of any premises or easements, where the premises or easements are used, occupied or enjoyed in connection with any of the concerns the profits or gains arising out of which are chargeable to tax under Case 1 (b) of Schedule D by virtue of section 53, and
(b) any yearly interest, annuity or other annual payment reserved in respect of, or charged on or issuing out of any premises, not being a rent or a payment in respect of an easement,
being payments falling due on or after the 6th day of April, 1969.
In paragraph (a) the reference to rent shall be deemed to include a reference to a toll, duty, royalty or annual or periodical payment in the nature of rent, whether payable in money or money's worth or otherwise.
(2) Any payment to which this section applies shall—
(a) so far as it does not fall within any other Case of Schedule D, be charged with tax under Case IV of that Schedule, and
(b) be treated, for the purposes of paragraph (m) of section 61 and of sections 433 and 434 as if it were a royalty paid in respect of the user of a patent:
Provided that where such a rent as is mentioned in subsection (1) (a) is rendered in produce of the concern, this subsection shall have effect as if paragraph (b) were omitted; and the value of the produce so rendered shall be taken to be the amount of profits or gains arising therefrom.
(3) Section 8 (2) shall have effect as if ‘other annual payment’ in both places where occurring in that subsection, included a reference to any payment to which this section applies not being a payment of rent, interest or annuity.”.
Amendment of section 65 of Income Tax Act, 1967.
30.—Section 65 of the Income Tax Act, 1967, is hereby amended—
(a) by the addition to subsection (1) of the following proviso—
“Provided that where the computation is for the purposes of tax for the year 1968-69, the amount to be excluded in respect of the annual value of such property shall, if the person carrying on the trade or profession so elects by notice in writing given to the inspector on or before the 31st day of December, 1969, be the annual value of such property as assessed and charged under Schedule A for the year 1968-69.”, and
(b) by the insertion after subsection (4) of the following new subsection—
“(5) This section shall cease to have effect for the year 1969-70 and subsequent years.”.
Amendment of section 67 of Income Tax Act, 1967.
31.—Section 67 of the Income Tax Act, 1967, is hereby amended—
(a) by the deletion in subsection (2) of “notwithstanding anything in section 65” and “, and situate outside the State”,
(b) by the substitution in subsections (2) and (3) for “one-third of the annual value” of “five-twelfths of the rateable valuation”, and
(c) by the insertion of the following subsection after subsection (3)—
“(3A) (a) Where, in the case of property valued under the Valuation Acts as a unit, a part is, and a part is not, premises, the rateable valuation of each part shall be arrived at by apportionment of the rateable valuation of the property.
(b) Any apportionment required by this subsection shall be made by the inspector according to the best of his knowledge and judgment.
(c) An apportionment made under paragraph (b) may be amended by the Appeal Commissioners or by the Circuit Court on the hearing, or the rehearing, of an appeal against an assessment made on the basis of the apportionment, but, on the hearing, or the rehearing, of any such appeal, a certificate of the Commissioner of Valuation tendered by either party to the appeal and stating, as regards property valued under the Valuation Acts as a unit, the amount of the rateable valuation of the property attributable to any part of the property, shall be evidence of the amount so attributable.”; and
(d) by the deletion of subsection (4).
Amendment of section 118 of Income Tax Act, 1967.
32.—Section 118 of the Income Tax Act, 1967, is hereby amended in relation to tax for the year 1969-70 and subsequent years—
(a) by the deletion of subsections (3) and (5),
(b) by the deletion from subsection (4) of “and the asset is not premises”, and
(c) by the insertion at the end of subsection (4) of the following—
“In the case of an asset being premises, the annual value of the use of the asset shall be taken for the purposes of this subsection to be the rent which might reasonably be expected to be obtained on a letting from year to year if the tenant undertook to pay all usual tenant's rates, and if the landlord undertook to bear the costs of the repairs and insurance, and the other expenses, if any, necessary for maintaining the premises in a state to command that rent.”.
Amendment of certain enactments.
33.—(1) Each enactment mentioned in column (2) of Part I of the Fourth Schedule to this Act is, in relation to tax for the year 1969-70 and subsequent years, hereby amended as specified in column (3) of that Part.
(2) The enactment mentioned in column (2) of Part II of the Fourth Schedule to this Act is, in relation to deaths occurring after the 5th day of April, 1969, hereby amended as specified in column (3) of that Part.
PART III
Customs And Excise
Beer.
34.—(1) In lieu of the duty of excise imposed by section 2 (1) of the Finance (No, 2) Act, 1968, there shall be charged, levied and paid on all beer brewed within the State on or after the 8th day of May, 1969, a duty of excise at the rate of twenty-seven pounds, three shillings and nine pence for every thirty-six gallons of worts of a specific gravity of one thousand and fifty-five degrees.
(2) In lieu of the duty of customs imposed by section 2 (2) of the Finance (No. 2) Act, 1968, there shall, as on and from the 8th day of May, 1969, be charged, levied and paid on all beer of any description imported into the State, a duty of customs at the rate of twenty-seven pounds, four shillings and three pence for every thirty-six gallons of beer of which the worts were before fermentation of a specific gravity of one thousand and fifty-five degrees.
(3) There shall be allowed and paid on the exportation as merchandise or the shipment for use as stores of beer on which it is shown, to the satisfaction of the Revenue Commissioners, that the duty imposed by subsection (1) or subsection (2) of this section has been paid, a drawback calculated according to the original specific gravity of the beer, at the rate of twenty-seven pounds and four shillings on every thirty-six gallons of beer of which the original specific gravity was one thousand and fifty-five degrees.
(4) Where, in the case of beer which is chargeable with the duty imposed by subsection (1) or subsection (2) of this section or in the case of beer on which drawback under subsection (3) of this section is payable, the specific gravity of the beer is not one thousand and fifty-five degrees, the duty or drawback shall be varied proportionately.
(5) Section 24 of the Finance Act, 1933, shall not apply or have effect in relation to the duty of customs imposed by this section.
Spirits.
35.—(1) The Finance Act, 1920, shall, as on and from the 8th day of May, 1969, be amended by the substitution in Part I of the First Schedule thereto of the matter set out in Part I of the First Schedule to this Act for the matter inserted in the said Part of the said First Schedule by section 3 of the Finance (No. 2) Act, 1968, and section 3 (1) of the said Finance Act, 1920, shall have effect accordingly.
(2) (a) This subsection applies to spirits known as whiskey which at importation are shown to the satisfaction of the Revenue Commissioners to have been wholly manufactured in Northern Ireland and to have been bottled and consigned by the distiller.
(b) The duties of customs to which subsection (1) of this section relates shall, as on and from the 8th day of May, 1969, be charged, levied and paid on spirits to which this subsection applies at the rate of fourteen pounds and two pence the gallon (computed at proof) in lieu of the rate chargeable under subsection (1) of this section.
(c) Section 3 (2) of the Finance (No. 2) Act, 1968, is hereby repealed as on and from the 8th day of May, 1969.
(3) (a) This subsection applies to spirits, other than spirits mentioned in subsection (2) of this section, which at importation are shown to the satisfaction of the Revenue Commissioners to have been manufactured in, and consigned from, the United Kingdom and to have been manufactured therein from materials other than materials falling within Tariff Heading number 22.08 or Tariff Heading number 22.09 in the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966.
(b) The duties of customs to which subsection (1) of this section relates shall, as on and from the 8th day of May, 1969, be charged, levied and paid on spirits to which this subsection applies at the rates set out in Part II of the First Schedule to this Act in lieu of the rates chargeable under subsection (1) of this section.
(c) The provisions of section 8 of the Finance Act, 1919, shall not apply to the duties imposed by this subsection.
(d) Section 3 (3) of the Finance (No. 2) Act, 1968, is hereby repealed as on and from the 8th day of May, 1969.
(e) In this subsection the expression “the United Kingdom” means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.
(4) The duty of excise imposed by section 3 (2) of the Finance Act, 1920, shall, as on and from the 8th day of May, 1969, be charged, levied and paid at the rate of thirteen pounds, nineteen shillings and nine pence the gallon (computed at proof) in lieu of the rate chargeable by virtue of section 3 (4) of the Finance (No. 2) Act, 1968.
(5) Nothing in this section shall operate to relieve from or to prejudice or affect the additional customs duties or the additional excise duty in respect of immature spirits imposed by section 9 of the Finance Act, 1926.
Hydrocarbon oils.
36.—(1) In this section—
“the Act of 1935” means the Finance Act, 1935;
“the Act of 1968” means the Finance Act, 1968.
(2) The duty of customs imposed by section 1 of the Finance (Customs Duties) (No. 4) Act, 1931, shall, in respect of mineral hydrocarbon light oil chargeable with that duty, be charged, levied and paid as on and from the 8th day of May, 1969, at the rate of 4s. 2.82d. the gallon in lieu of the rate specified in section 20 (2) of the Act of 1968.
(3) The duty of excise imposed by section 1 of the Finance (Miscellaneous Provisions) Act, 1935, shall, in respect of mineral hydrocarbon light oil chargeable with that duty which is sent out, on or for sale or otherwise, from the premises of the manufacturer thereof on or after the 8th day of May, 1969, or is used by such manufacturer on or after that date for any purpose other than the manufacture or production of mineral hydrocarbon oil, be charged, levied and paid at the rate of 4s. 1.82d. the gallon in lieu of the rate specified in section 20 (3) of the Act of 1968.
(4) The duty of customs imposed by section 21 of the Act of 1935 shall, in respect of hydrocarbon oil chargeable with that duty, be charged, levied and paid as on and from the 8th day of May, 1969, at the rate of 3s. 7.57d. the gallon in lieu of the rate specified in section 20 (4) of the Act of 1968.
(5) As on and from the 8th day of May, 1969, the rate of any rebate allowed under section 21 (2) of the Act of 1935 shall—
(a) in respect of hydrocarbon oil on which such rebate is allowable and on which the duty of customs mentioned in subsection (4) of this section was paid at the rate of 3s. 7.57d. the gallon, be 3s. 7.57d. the gallon, and
(b) in respect of hydrocarbon oil on which such rebate is allowable and on which the duty of customs mentioned in subsection (4) of this section was, by virtue of paragraph 6 of the Imposition of Duties (No. 84) (Hydrocarbon Oils) (Customs Duties) Order, 1959, paid at the rate of 3s. 6.57d. the gallon, be 3s. 6.57d. the gallon,
in lieu of the rate allowable immediately before the 8th day of May, 1969, by virtue of section 20 (5) of the Act of 1968.
(6) The duty of excise imposed by section 21 of the Act of 1935 shall, in respect of hydrocarbon oil chargeable with that duty which is sent out, on or for sale or otherwise, from the premises of the manufacturer thereof on or after the 8th day of May, 1969, or is used by such manufacturer on or after that date for any purpose other than the manufacture or production of hydrocarbon oil, be charged, levied and paid at the rate of 3s. 6.57d. the gallon in lieu of the rate specified in section 20 (6) of the Act of 1968.
(7) As on and from the 8th day of May, 1969, the rate of any rebate allowed under section 21 (4) of the Act of 1935, in respect of hydrocarbon oil on which such rebate is allowable and on which the excise duty mentioned in subsection (6) of this section was paid at the rate of 3s. 6.57d. the gallon, shall be 3s. 6.57d. the gallon in lieu of the rate allowable immediately before the 8th day of May, 1969, by virtue of section 20 (7) of the Act of 1968.
(8) As on and from the 8th day of May, 1969, the rate of any repayment allowed under section 10 (8) of the Finance Act, 1957, in respect of hydrocarbon oil on which such repayment is allowable and on which either—
(a) the excise duty mentioned in subsection (6) of this section was paid at the rate of 3s. 6.57d. the gallon, or
(b) the customs duty mentioned in subsection (4) of this section was paid at the rate of 3s. 6.57d. the gallon or 3s. 7.57d. the gallon,
shall be 1s. 11d. the gallon in lieu of the rate allowable immediately before the 8th day of May, 1969.
Tobacco.
37.—(1) Subject to subsections (2) and (3) of this section, the duty of customs on tobacco imposed by section 20 of the Finance Act, 1932, shall, as on and from the 8th day of May, 1969, be charged, levied and paid at the several rates specified in Part I of the Second Schedule to this Act in lieu of the several rates specified in Parts I and II of the Second Schedule to the Finance (No. 2) Act, 1968.
(2) The provisions of section 8 of the Finance Act, 1919, shall apply to the duty mentioned in subsection (1) of this section—
(a) with the substitution of “the area of application of the Acts of the Oireachtas” for “Great Britain and Ireland”, and
(b) as though the descriptions of manufactured tobacco mentioned in Part I of the Second Schedule to this Act were included in the first column of the Second Schedule to that Act after the expression “manufactured tobacco” and the appropriate preferential rates mentioned in that Part were mentioned in the second column of the said Second Schedule opposite the mention of those goods in the first column thereof in lieu of the rate mentioned in the said second column opposite the mention of manufactured tobacco in the said first column.
(3) (a) This subsection applies to manufactured tobacco which was manufactured in, and consigned from, the United Kingdom and was manufactured therein from materials other than materials falling within Tariff Heading number 24.02 in the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966.
(b) The customs duty on tobacco mentioned in subsection (1) of this section shall, as on and from the 8th day of May, 1969, and before the 1st day of July, 1969, be charged, levied and paid on manufactured tobacco to which this subsection applies at the several rates specified in Part II of the Second Schedule to this Act in lieu of the several rates specified in Part I thereof and shall, as on and from the 1st day of July, 1969, be charged, levied and paid on manufactured tobacco to which this subsection applies at the several rates specified in Part III of the Second Schedule to this Act in lieu of the several rates specified in Parts I and II thereof.
(c) The provisions of section 8 of the Finance Act, 1919, shall apply to the duties imposed by this subsection—
(i) with the substitution of “the area of application of the Acts of the Oireachtas” for “Great Britain and Ireland” and as though the expression “manufactured tobacco” in the first column of the Second Schedule to that Act did not include manufactured tobacco to which this subsection applies,
(ii) as though manufactured tobacco to which this subsection applies, together with the descriptions of such manufactured tobacco in Part II or III (as may be appropriate) of the Second Schedule to this Act, were mentioned separately in the said first column and the appropriate preferential rates specified in that Part were mentioned in the second column of the Second Schedule to that Act opposite the mention of those goods in the first column thereof, and
(iii) subject to the last paragraph (beginning with “Goods shall not be deemed”) of subsection (1) of the said section 8 being disregarded.
(d) In this subsection the expression “the United Kingdom” means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.
(e) The expression “hard pressed tobacco” mentioned in Parts II and III of the Second Schedule to this Act and the next paragraph of this subsection has the same meaning as it has in section 17 of the Finance Act, 1940.
(f) The expression “other pipe tobacco” mentioned in Parts II and III of the Second Schedule to this Act means manufactured tobacco of kinds normally intended to be used in pipes, not being hard pressed tobacco.
(4) The duty of excise on tobacco imposed by section 19 of the Finance Act, 1934, shall, as on and from the 8th day of May, 1969, be charged, levied and paid at the several rates specified in Part IV of the Second Schedule to this Act in lieu of the several rates specified in Part III of the Second Schedule to the Finance (No. 2) Act, 1968.
Tobacco (excise duty on certain stocks).
38.—(1) Subject to the provisions of subsection (2) of this section, there shall be charged, levied and paid on all stocks of tobacco of every description which at five o'clock in the afternoon of the 7th day of May, 1969, are in the ownership or possession of a licensed manufacturer of tobacco and in any place in the State other than a bonded warehouse, a duty of excise, payable by the manufacturer, at the following rate, that is to say:
(a) so far as the stocks consist of unmanufactured tobacco, three shillings and seven pence for every pound weight of the stocks, and
(b) so far as the stocks consist of tobacco (including snuff) other than unmanufactured tobacco, three shillings and seven pence for every pound weight of unmanufactured tobacco from which, in the opinion of the Revenue Commissioners, the stocks were derived.
(2) The duty imposed by subsection (1) of this section shall not be chargeable on any manufactured tobacco (including cigarettes, cigars and snuff other than offal snuff) as to which it is shown to the satisfaction of the Revenue Commissioners that it was at five o'clock in the afternoon of the 7th day of May, 1969, fully prepared for sale by retail and that either—
(i) it was not the product of any operation carried out by any manufacturer in whose ownership or possession it was at that time; or
(ii) it was at that time held as retail stock in premises used for selling tobacco by retail; or
(iii) it was at that time in transit from seller to buyer under a contract of sale:
Provided that no tobacco shall be deemed for the purposes of this subsection to have been fully prepared for sale by retail if, according to the ordinary course of business of the person in whose ownership or possession it was or to whom it was in transit, it had still to be subjected to some further process (other than packing) before being sold by him.
(3) Every licensed manufacturer of tobacco shall not later than the 14th day of May, 1969, make a return to the Revenue Commissioners in a form approved by them giving such information as they may thereby require and, in particular, showing the quantities by weight of tobacco of every description in his ownership or possession at five o'clock in the afternoon of the 7th day of May, 1969, in any place in the State other than a bonded warehouse.
(4) Every licensed manufacturer of tobacco shall—
(a) produce, if so required, to any officer of Customs and Excise the trade books and all accounts and documents belonging to or in the possession of such manufacturer which are necessary for verifying the return made in pursuance of subsection (3) of this section, and
(b) render all reasonable assistance to such officer in the taking of an account of the tobacco which was in the ownership or possession of such manufacturer at five o'clock in the afternoon of the 7th day of May, 1969.
(5) Every licensed manufacturer of tobacco shall, immediately upon making the return required by subsection (3) of this section or on the 14th day of May, 1969, whichever is the earlier, pay to the Revenue Commissioners the full amount of the duty imposed by subsection (1) of this section on any tobacco which was in his ownership or possession at five o'clock in the afternoon of the 7th day of May, 1969, and was chargeable with the said duty, and the Revenue Commissioners may, if they think fit, defer the payment of the duty to a date not later than the 1st day of November, 1969, upon the manufacturer giving security by bond or otherwise to their satisfaction that such duty will be paid.
(6) Every manufacturer required by subsection (3) of this section to make such return as is mentioned in that subsection who either fails to make such return or makes a return which is incomplete, false or misleading in any material respect or fails or refuses to do anything which he is required by subsection (4) of this section to do shall be guilty of an offence under the statutes relating to duties of excise and shall for every such offence incur an excise penalty of fifty pounds, and all tobacco in relation to which such offence was committed shall be forfeited.
(7) Where drawback is payable in respect of tobacco on which the excise duty imposed by subsection (1) of this section has been paid, such drawback shall, to the extent of the duty paid in pursuance of the said subsection (1) as determined by the Revenue Commissioners, be a drawback of excise.
Wine.
39.—(1) Subject to subsections (2) and (3) of this section, there shall be charged, levied and paid, as on and from the 8th day of May, 1969, a duty of customs on all wine imported into the State at the several rates specified in Part I of the Third Schedule to this Act in lieu of the several rates specified in Parts I and II of the Third Schedule to the Finance Act, 1968.
(2) The provisions of section 8 of the Finance Act, 1919, shall apply to the duty imposed by subsection (1) of this section—
(a) with the substitution of “the area of application of the Acts of the Oireachtas” for “Great Britain and Ireland”, and
(b) as though the references to wine, sparkling wine in bottle and still wine in bottle in the first column of the Second Schedule to that Act together with the corresponding rates in the second column thereof were deleted and there were substituted therefor, respectively, the descriptions of wine mentioned in Part I of the Third Schedule to this Act and the appropriate preferential rates specified in that Part.
(3) (a) This subsection applies to still wine in bottle which at importation is shown to the satisfaction of the Revenue Commissioners to have been manufactured in and consigned from the United Kingdom.
(b) The customs duty on wine imposed by subsection (1) of this section shall, as on and from the 8th day of May, 1969, and before the 1st day of July, 1969, be charged, levied and paid on wine to which this subsection applies at the several rates specified in column (2) of Part II of the Third Schedule to this Act in lieu of the several rates chargeable under subsection (1) of this section and shall, as on and from the 1st day of July, 1969, be charged, levied and paid on wine to which this subsection applies at the several rates specified in column (3) of Part II of the Third Schedule to this Act in lieu of the several rates specified in column (2) of the said Part II.
(c) In this subsection the expression “the United Kingdom” means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.
(4) Section 24 of the Finance Act, 1933, shall not apply or have effect in relation to the duty of customs imposed by this section.
(5) The duty of excise on Irish wine imposed by section 15 of the Finance Act, 1966, shall, as on and from the 8th day of May, 1969, and before the 1st day of July, 1969, be charged, levied and paid at the several rates specified in Part III of the Third Schedule to this Act in lieu of the several rates specified in Part II of the Fourth Schedule to the Finance Act, 1968, and shall, as on and from the 1st day of July, 1969, be charged, levied and paid at the several rates specified in Part IV of the Third Schedule to this Act in lieu of the several rates specified in Part III thereof.
S.I. No. 155 of 1967.
Application of Customs Acts, etc., to hovercraft.
40.—(1) The provisions of the Customs Acts and instruments made thereunder and of the Statutes which relate to the duties of excise and instruments made thereunder shall, subject to any modifications made therein by regulations under subsection (2) of this section, apply to hovercraft as if references in those provisions to ships, boats and vessels included references to hovercraft.
(2) The Minister for Finance may by regulations make such provision as appears to him to be requisite or expedient for all or any of the following purposes:—
(a) modifying any of the provisions referred to in subsection (1) of this section in relation to hovercraft and to persons, goods, mails, stores and baggage carried therein, disembarked or unladen therefrom or embarked or laden thereon;
(b) applying any of the provisions referred to in subsection (1) of this section, subject to such modifications as he considers appropriate and specifies in the regulations, in relation to hoverports.
(3) In this section—
“hovercraft” means a vehicle which is designed to be supported when in motion on a cushion of air; and
“hoverport” means any place which is designed to be used for the arrival and departure of hovercraft.
Application of certain provisions to Irish wine.
41.—Section 95 of the Customs Consolidation Act, 1876, section 17 of the Customs and Inland Revenue Act, 1881, and section 28 of the Finance Act, 1929, shall apply in relation to Irish wine (within the meaning of section 15 of the Finance Act, 1966) as they apply in relation to wine imported into the State.
Duty on tobacco manufacturers' licences.
42.—On and after the 6th day of July, 1969, the excise duty chargeable on a licence to be taken out by a manufacturer of tobacco or snuff shall be charged, levied and paid at the rate of five pounds on every such licence in lieu of the rates chargeable by virtue of section 2 of the Excise Licences Act, 1825, and section 1 of the Excise Act, 1840.
Amendment of Finance (New Duties) Act, 1916.
43.—Section 6 (1) of the Finance (New Duties) Act, 1916, is hereby amended by the substitution of “two hundred pounds” for “fifty pounds”.
Amendment of Finance Act, 1932.
44.—Section 41 of the Finance Act, 1932, is hereby amended by the insertion of “flaked,” before “malted”.
PART IV
Death Duties
Abatement of estate duty.
45.—(1) In this section—
“benefit” means all property and all interests in property passing or accruing to a dependant on the death of the deceased in respect of which estate duty is payable;
“child” means a child (including a child adopted under the provisions of the Adoption Acts, 1952 and 1964) of the deceased who was living at his death and who had not then attained the age of sixteen years or who was then receiving full time instruction at any university, college, school or other educational establishment;
“deceased” means a person dying domiciled in the State,
“dependant” means the widow or child;
“widow” except in subsection (4) of this section, means the widow of the deceased.
(2) Where the widow is the only dependant entitled to a benefit on the death of the deceased, any estate duty payable in respect of such benefit shall be abated by the sum of £1,000 together with a sum of £500 in respect of each child.
(3) Where there are two or more dependants one of whom is the widow and either a child is the only dependant entitled to a benefit on the death of the deceased or more than one dependant are entitled to benefits thereon—
(a) any estate duty payable in respect of a child's benefit shall be abated by the sum of £500;
(b) if the widow is entitled to a benefit, any estate duty payable in respect thereof shall be abated by the sum of £1,000 together with—
(i) a sum of £500 for each child not entitled to a benefit or entitled only to a benefit not affected by a claim for estate duty, and
(ii) for each child entitled to a benefit which is affected by a claim for duty to an extent less than £500, a sum equal to the difference between the amount by which the benefit is so affected and £500.
(4) Where the deceased was, at death, a widower or widow, any estate duty payable in respect of a benefit shall be abated by the sum of £500.
(5) (a) Subsections (2) to (4) of this section shall have effect subject to the proviso that—
(i) in a case in which the amount of a benefit is not affected by a liability to estate duty arising in connection with the death of the deceased, no abatement shall be made under those subsections in respect of that benefit;
(ii) in a case in which the amount of a benefit is affected by such a liability and the extent to which it is so affected is of an amount which is less than such abatement under those subsections in respect of the benefit as would be appropriate apart from this subparagraph, the abatement under those subsections in respect of the benefit shall be reduced to that amount.
(b) This subsection shall not operate to reduce the amount by which the estate duty payable in respect of a widow's benefit is abated by reason of the fact that a child's benefit is either not affected by a claim for duty or is affected to an extent less than £500.
(6) Subsections (2) to (5) of this section shall have effect subject to the proviso that they shall not apply where the net value of all property passing or deemed to pass on the death of the deceased in respect of which estate duty is payable exceeds £100,000.
(7) In a case in which but for the fact that the estate exceeds £100,000 there would be an abatement of estate duty, this section shall apply with the limitation that the total abatement which would be appropriate apart from paragraph (b) of subsection (5) of this section if the estate did not exceed £100,000 shall be diminished by the amount by which the estate exceeds £100,000 and the said paragraph (b) shall have effect accordingly.
(8) This section shall apply in relation to deaths occurring on or after the 1st day of March, 1968, and appropriate repayments shall be made accordingly.
Amendment of section 61 of Finance (1909–10) Act, 1910.
46.—(1) Section 61 (1) of the Finance (1909-10) Act, 1910, is hereby amended by the substitution of “£2,000” for “£1,000” (inserted by the Finance Act, 1951).
(2) This section shall have effect only in relation to persons dying after the passing of this Act.
PART V
Stamp Duties
Amendment of section 13 of Finance (No. 2) Act, 1947.
47.—(1) Section 13 of the Finance (No. 2) Act, 1947, is hereby amended as follows:
(a) by the substitution for subsection (1) of the following subsection—
“(1) The stamp duties chargeable on conveyances or transfers of lands, tenements and hereditaments under the heading ‘Conveyance or Transfer on sale of any property’ in the First Schedule to the Stamp Act, 1891, shall be at the following rates—
(i) one pound for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration where the amount or value of the consideration does not exceed six thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds six thousand pounds;
(ii) one pound ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration where the amount or value of the consideration exceeds six thousand pounds but does not exceed fifty thousand pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds fifty thousand pounds;
(iii) in any other case, at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration.”
(b) by the substitution for subsection (2) of the following subsection—
“(2) Subsection (1) of this section shall not apply—
(a) where the amount or value of the consideration does not exceed five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration exceeds five hundred pounds, or
(b) where the amount or value of the consideration exceeds five hundred pounds but does not exceed two thousand five hundred pounds and the instrument contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions.”
(c) by the substitution for subsection (3) of the following subsection—
“(3) In such case as is mentioned in subsection (2) (b) of this section the duty chargeable shall be as follows:
Where the amount or value of the consideration for the sale—
Exceeds | £500 | and does not exceed | £600 | £4 | 0 | 0 |
” | £600 | ” | £700 | £5 | 0 | 0 |
” | £700 | ” | £800 | £6 | 0 | 0 |
” | £800 | ” | £900 | £7 | 0 | 0 |
” | £900 | ” | £1,000 | £8 | 0 | 0 |
” | £1,000 | ” | £1,100 | £10 | 0 | 0 |
” | £1,100 | ” | £1,200 | £12 | 10 | 0 |
” | £1,200 | ” | £1,300 | £15 | 0 | 0 |
” | £1,300 | ” | £1,400 | £17 | 10 | 0 |
” | £1,400 | ” | £1,500 | £20 | 0 | 0 |
” | £1,500 | ” | £1,600 | £22 | 10 | 0 |
” | £1,600 | ” | £1,700 | £25 | 0 | 0 |
” | £1,700 | ” | £1,800 | £27 | 10 | 0 |
” | £1,800 | ” | £1,900 | £30 | 0 | 0 |
” | £1,900 | ” | £2,000 | £33 | 0 | 0 |
” | £2,000 | ” | £2,100 | £36 | 10 | 0 |
” | £2,100 | ” | £2,200 | £40 | 0 | 0 |
” | £2,200 | ” | £2,300 | £43 | 10 | 0 |
” | £2,300 | ” | £2,400 | £47 | 0 | 0 |
” | £2,400 | ” | £2,500 | £50 | 0 | 0 |
”.
(2) In the case of any instrument executed but not stamped before the coiming into operation of this section the Revenue Commissioners may require to be furnished with such evidence as they may deem necessary, in order to show to their satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein.
(3) (a) Subject to paragraph (c) of this subsection, this section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect in relation to any instrument executed before such coming into operation.
(b) Appropriate repayments for the purposes of paragraph (a) of this subsection shall be made, provided that in each case the application for repayment is made within two years after the date of the instrument to which the repayment relates.
(c) This section, in so far as it makes provision for the chargeof stamp duty at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration, shall come into operation on the 1st day of August, 1969, or the date of the passing of this Act, whichever is the later, and shall not have effect with respect to any instrument executed before such coming into operation.
Amendment of section 24 of Finance Act. 1949.
48.—(1) Section 24 of the Finance Act, 1949, is hereby amended as follows:
(a) by the substitution for subsection (1) of the following subsection—
“(1) The stamp duties chargeable under paragraph (3) of the heading ‘Lease or Tack’ in the First Schedule to the Stamp Act, 1891, in respect of any consideration which consists of any money, stock or security (other than rent) for a lease shall be at the following rates—
(i) one pound for every fifty pounds or fractional part of fifty pounds of the consideration where the consideration does not exceed six thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds six thousand pounds;
(ii) one pound ten shillings for every fifty pounds or fractional part of fifty pounds of the consideration where the consideration exceeds six thousand pounds but does not exceed fifty thousand pounds and the lease contains a statement certifying that the transaction thereby effected does not form part of a larger transaction or of a series of transactions, in respect of which the amount or value, or the aggregate amount or value, of the consideration other than rent exceeds fifty thousand pounds;
(iii) in any other case, at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the consideration.”
(b) by the substitution for the table set out in subsection (3) of the following table—
“Exceeds | £500 | and does not exceed | £600 | £4 | 0 | 0 |
” | £600 | ” | £700 | £5 | 0 | 0 |
” | £700 | ” | £800 | £6 | 0 | 0 |
” | £800 | ” | £900 | £7 | 0 | 0 |
” | £900 | ” | £1,000 | £8 | 0 | 0 |
” | £1,000 | ” | £1,100 | £10 | 0 | 0 |
” | £1,100 | ” | £1,200 | £12 | 10 | 0 |
” | £1,200 | ” | £1,300 | £15 | 0 | 0 |
” | £1,300 | ” | £1,400 | £17 | 10 | 0 |
” | £1,400 | ” | £1,500 | £20 | 0 | 0 |
” | £1,500 | ” | £1,600 | £22 | 10 | 0 |
” | £1,600 | ” | £1,700 | £25 | 0 | 0 |
” | £1,700 | ” | £1,800 | £27 | 10 | 0 |
” | £1,800 | ” | £1,900 | £30 | 0 | 0 |
” | £1,900 | ” | £2,000 | £33 | 0 | 0 |
” | £2,000 | ” | £2,100 | £36 | 10 | 0 |
” | £2,100 | ” | £2,200 | £40 | 0 | 0 |
” | £2,200 | ” | £2,300 | £43 | 10 | 0 |
” | £2,300 | ” | £2,400 | £47 | 0 | 0 |
” | £2,400 | ” | £2,500 | £50 | 0 | 0 |
.”
(2) In the case of any instrument executed but not stamped before the coming into operation of this section the Revenue Commissioners may require to be furnished with such evidence as they may deem necessary, in order to show to their satisfaction whether all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein.
(3) (a) Subject to paragraph (c) of this subsection, this section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect in relation to any instrument executed before such coming into operation.
(b) Appropriate repayments for the purposes of paragraph (a) of this subsection shall be made, provided that in each case the application for repayment is made within two years after the date of the instrument to which the repayment relates.
(c) This section, in so far as it makes provision for the charge of stamp duty at the rate of two pounds ten shillings for every fifty pounds or fractional part of fifty pounds of the amount or value of the consideration, shall come into operation on the 1st day of August, 1969, or the date of the passing of this Act, whichever is the later, and shall not have effect with respect to any instrument executed before such coming into operation.
Exemption of certain instruments from stamp duty.
49.—(1) Subject to subsection (2) of this section, an instrument giving effect to the purchase of a house upon the erection thereof shall be exempt from all stamp duties.
(2) Subsection (1) of this section shall have effect in relation to an instrument if, but only if, it is shown to the satisfaction of the Revenue Commissioners that—
(a) a grant under section 2 or 7 of the Housing (Loans and Grants) Act, 1962, has been, or will, by virtue of section 6 (2) of the Housing Act, 1966, be made in respect of the house to which the instrument relates, or
(b) a grant under section 15, 16, 17, 18 or 20 of the Housing Act, 1966, has been or will be made in respect of the house aforesaid.
(3) Stamp duties shall not be chargeable in the case of a conveyance, transfer or lease by a local authority under the provisions of the Housing Act, 1966, or of a conveyance, transfer or lease by a society registered under the Industrial and Provident Societies Acts, 1893 to 1966, and made, in accordance with a scheme for the provision of houses for its members, to a member or to such member and the spouse of the member.
(4) Where—
(a) an instrument has been charged with stamp duty under the heading “Conveyance or Transfer on sale of any property” or “Lease or Tack” in the First Schedule to the Stamp Act, 1891,
(b) a person requires under section 12 of the Stamp Act, 1891, the Revenue Commissioners to express their opinion with reference to the instrument, and
(c) it is shown to the satisfaction of the Revenue Commissioners that the instrument is one to which the provisions of subsection (2) or (3) of this section relate,
the instrument shall be exempted from duty, whether or not it has previously been stamped with a particular stamp denoting that it is duly stamped.
(5) In any such case as is referred to in subsection (4) of this section, the Revenue Commissioners may repay the duty charged on the instrument, provided that the application for exemption and repayment is made within two years after the date of the instrument.
(6) Section 16 of the Finance Act, 1950, and section 52 of the Housing Act, 1966, are hereby repealed.
(7) This section shall be deemed to have come into operation on the 7th day of May, 1969, and shall not have effect with respect to any instrument executed before such coming into operation.
Stamp duty on contracts for construction of office buildings.
50.—(1) It shall be the duty of every person who makes one or more contracts for the construction, alteration or enlargement of a building the greater part of which is intended for use as offices to deliver or procure the delivery to the Revenue Commissioners of the instrument or instruments containing every such contract.
(2) Every such instrument shall be chargeable with a stamp duty at the rate of ten per cent, of the amount or value of the consideration for the performance of the contract or contracts to which it relates: Provided that an instrument shall not be chargeable with duty to the extent to which it is shown to the satisfaction of the Revenue Commissioners that the amount or value of the consideration for the performance of the contract or contracts which it contains has formed part of the amount or value of the consideration for the performance of a contract in respect of which duty has been paid under this subsection.
(3) If at the expiration of ninety days after the making of a contract of a kind referred to in subsection (1) of this section the instrument containing it is not duly stamped, all the parties to the contract, as well as being liable for the duty unpaid, shall jointly and severally be liable to a penalty equal to twice the said duty, and the penalty shall be recoverable in the same manner as if it were part of the duty.
(4) Where there is variation in the amount or value of the consideration for the performance of a contract of a kind referred to in subsection (1) of this section, the following provisions shall have effect:
(a) where the amount or value of the consideration is increased, the instrument containing the contract shall, notwithstanding that it may have been stamped already and irrespective of whether or not it has been stamped with a particular stamp denoting that it is duly stamped, again become chargeable with stamp duty,
(b) duty shall be chargeable at the rate of ten per cent, of the increased consideration, due allowance being made for the amount of any duty already paid,
(c) if at the expiration of ninety days from the date of the increase in the consideration the instrument containing the contract is not stamped in accordance with the foregoing subparagraph, all the parties to the contract, as well as being liable for the duty unpaid, shall jointly and severally be liable to a penalty equal to twice the said duty, and the penalty shall be recoverable in the same manner as if it were part of the duty,
(d) where the amount or value of the consideration is decreased, the Revenue Commissioners may repay the difference between the amount of duty actually charged on the instrument containing the contract and the amount chargeable thereon by reference to the decreased consideration:
Provided that the application for repayment is made within two years after the date of the decrease in the consideration.
(5) Where a building the greater part of which is intended for use as offices is constructed, altered or enlarged and—
(a) the contract or any of the contracts for the construction, alteration or enlargement is not contained in any instrument or instruments,
(b) the construction, alteration or enlargement or part of the construction, alteration or enlargement is not the subject of a contact, or
(c) the Revenue Commissioners are of opinion that there existed an arrangement or arrangements in relation to the construction, alteration or enlargement the main purpose or one of the main purposes of which was the avoidance or reduction of liability to stamp duty under this section, the following provisions shall have effect—
(i) the Revenue Commissioners may by notice in writing require the owner of the building to deliver to them, within thirty days after the date of the requisition, the instrument containing the notification or a copy of such instrument (in this section referred to as the notification) given pursuant to the Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964, of the grant under the Local Government (Planning and Development) Act, 1963, by the relevant planning authority, within the meaning of that Act, of permission or approval in relation to the construction, alteration or enlargement, together with a statement of the total outlay expended or to be expended on the construction, alteration or enlargement,
(ii) the said notification shall—
(I) be charged with the amount of stamp duty with which it would be charged, and
(II) be subject to the provisions of this section to which it would be subject,
if it were a contract for the construction, alteration or enlargement aforesaid and the amount or value of the consideration for its performance were the total outlay expended or to be expended on the construction, alteration or enlargement aforesaid.
(6) An instrument or notification of a kind referred to in the foregoing provisions of this section shall not be deemed to be duly stamped unless the Revenue Commissioners have expressed their opinion thereon in accordance with section 12 of the Stamp Act, 1891, and the instrument is stamped with a particular stamp denoting that it is duly stamped.
(7) The foregoing provisions of this section shall not apply—
(a) in any case where the amount or the aggregate amountof the outlay expended on the construction, alteration or enlargement of a building does not exceed £50,000;
(b) in relation to the construction, alteration or enlargementof a building owned by a Minister of State, the Commissioners of Public Works in Ireland, or a local authority for the purposes of section 2 of the Local Government Act, 1941;
(c) in relation to the construction, alteration or enlargement of a building in an area which, at the date of the commencement of the construction, alteration or enlargement is an undeveloped area within the meaning of the Undeveloped Areas Act, 1952.
(8) If a person fails to deliver to the Revenue Commissioners an instrument, notification or statement which he is required by virtue of this section to deliver to them, the delivery of the instrument, notification or statement by the person, or, in the case of a body corporate, by the secretary or any director thereof, may be enforced by the Revenue Commissioners under section 47 of the Succession Duty Act, 1853, in all respects as if the instrument, notification or statement, as the case may be, were such account as is mentioned in that section and the failure to deliver the instrument, notification or statement, as the case may be, were such default as is mentioned in that section.
(9) In determining for the purposes of this section the amount or value of the consideration for the performance of a contract or contracts for the construction, alteration or enlargement of a building or the total outlay expended or to be expended on such construction, alteration or enlargement a car park, and any other ancillary works, for and adjacent to the building shall be deemed to form part of the building.
(10) This section shall come into operation on the 1st day of August, 1969, or the date of the passing of this Act, whichever is the later.
PART VI
Corporation Profits Tax
Withdrawal of shipping investment allowance.
51.—Where the amount of a shipping investment allowance is deducted in accordance with section 22 of the Finance Act, 1957, in computing the profits of a company for the purposes of corporation profits tax, and the shipping investment allowance is withdrawn for the purposes of income tax in accordance with subsection (1A) (b) of section 246 of the Income Tax Act, 1967, the shipping investment allowance shall be withdrawn for the purposes of corporation profits tax and all such additional corporation profits tax assessments and adjustments of corporation profits tax assessments shall be made as may be necessary for or in consequence of the withdrawal of a shipping investment allowance or the substitution therefor of an initial allowance under section 69 of the Finance Act, 1959.
Amendment of section 10 of Finance (Miscellaneous Provisions) Act, 1956.
52.—The definition of “accounting period” in section 10 of the Finance (Miscellaneous Provisions) Act, 1956, is, except in relation to section 13 (10) of that Act, hereby amended—
(a) by the substitution of “fifteen” for “ten”, and
(b) by the substitution of “6th day of April, 1975” for “6th day of April, 1970”.
Amendment of section 3 of Finance (Miscellaneous Provisions) Act, 1958.
53.—Section 3 (2) of the Finance (Miscellaneous Provisions) Act, 1958, is hereby amended by the substitution of “5th day of April, 1990” for “expiration of the period of twenty-five years from the passing of this Act”.
Amendment of section 69 of Finance Act, 1959.
54.—(1) Any reference in section 69 of the Finance Act, 1959, to an allowance under section 241 of the Income Tax Act, 1967, shall, in a case in which section 4 (2) of this Act has had effect, be construed as a reference to the allowance as increased under that subsection.
(2) Where the said section 4 (2) is deemed not to have applied to any machinery or plant for any year of assessment, there shall be made for the purposes of corporation profits tax all such additional assessments and adjustments of assessments as may be appropriate.
PART VII
Turnover Tax
Amendment of section 46 of Finance Act, 1963.
55.—(1) Section 46 of the Finance Act, 1963, is hereby amended by the insertion of the following definition after the definition of “hotel”
“‘moneys received’ includes—
(a) money lodged or credited to the account of a person in any bank, savings bank, building society, hire purchase finance concern or similar financial concern, and
(b) money, other than money referred to in paragraph (a) of this definition, which, under an agreement, other than an agreement providing for discount or a price adjustment made in the ordinary course of business, or an arrangement with creditors, has ceased to be due to a person, and money lodged or credited to the account of a person as aforesaid shall be deemed to have been received by the person on the date of the making of the lodgment or credit and money which has ceased to be due to a person as aforesaid shall be deemed to have been received by the person on the date of the cesser.”.
(2) This section shall have, and be deemed to have had, effect as on and from the 8th day of May, 1969.
Amendment of section 64 of Finance Act, 1963.
56.—(1) Section 64 of the Finance Act, 1963, is hereby amended—
(a) by the substitution of “sections 48 and 50 to 63” for “sections 48 to 63” in subsection (1), and
(b) by the substitution of the following subsection for subsection (2):
“(2) Tax as aforesaid shall not be charged on—
(a) an article the sale of which for delivery within the State would, apart from any exemption in relation to sales of such articles to or by persons of a particular class, be an exempted activity for the purposes of section 48 (2) of this Act,
(b) an article mentioned in the Second Schedule to this Act imported as stock for his business by a registered person who is a dealer in such articles,
(c) an article, not being an article mentioned in the Second Schedule to this Act, imported—
(i) as stock for his business,
(ii) as materials for manufacture,
(iii) as furniture, fittings, office requisites, plant or equipment for his business,
by a registered person,
(d) an article (other than a motor vehicle designed for the conveyance of persons by road or hydrocarbon oil for road transport vehicles) imported by a body corporate which establishes to the satisfaction of the Revenue Commissioners that its main activity consists in the transport of passengers or goods outside the State and that the article is imported for use in its business,
(e) an article imported by the Commissioners of Irish Lights for use in the maintenance of lightships or lighthouses.”
(2) Subsection (1) of this section shall come into operation in respect of articles imported on or after the first day of the month immediately following that in which this Act is passed and, in relation to such articles, the tax provided for by section 47 (1) (b) of the Finance Act, 1963, shall be charged, levied and paid as if no order had been made under section 64 of the said Act
PART VIII
Wholesale Tax
Rates of wholesale tax.
57.—(1) The following subsection shall be substituted for subsection (1) of section 7 of the Finance (No. 2) Act, 1966:
“(1) Wholesale tax shall be fifteen per cent, of that part of the taxable turnover, as defined by this section, of the accountable person which relates to the sale of any goods of a kind specified in the Table to this subsection and shall be ten per cent, of the remainder of the taxable turnover as so defined, and the amount of tax chargeable during every month shall be paid after the expiration of the month in accordance with regulations.
TABLE
(Wholesale Tax)
(1) Motor vehicles designed and constructed for the conveyance of persons by road including sports motor vehicles, estate cars, station wagons, motor cycles, motor scooters, mopeds and auto cycles, but not including vehicles designed and constructed for the carriage of more than sixteen persons (inclusive of the driver), invalid carriages and other vehicles of a type designed for use by invalids or infirm persons.
(2) Caravans, including mobile homes.
(3) Ships, boats or other vessels designed and constructed for the conveyance of passengers and not exceeding one hundred tons gross; and sports and pleasure craft of all descriptions including yachts, cabin cruisers, dinghies, canoes, skiffs and racing boats.
(4) Radio receiving sets and television receiving sets of the domestic or portable type including sets suitable for use in road vehicles.
(5) Gramophones, radiogramophones, record players and electric gramophone record reproducers.
(6) Gramophone records.”
(2) The following subsection shall be substituted for subsection (1) of section 11 of the Finance (No. 2) Act, 1966:
“(1) Sections 3 and 5 to 10 of this Act shall not apply to wholesale tax provided for by section 2 (b) of this Act and that tax shall, subject to subsection (2) of this section, be charged on every article which is of a kind specified in the Table to section 7 (1) of this Act and is imported on or after the 1st day of June, 1969, at the rate of fifteen per cent, of the value of the article and on every other article so imported at the rate of ten per cent, of the value of the article.”
(3) This section shall have, and be deemed to have had, effect as on and from the 1st day of June, 1969.
Additions to certain payments.
58.—Where the whole or part of the taxable turnover of an accountable person consists of moneys paid under a contract entered into on or after the 1st day of October, 1966, and before the 1st day of June, 1969, the accountable person may, in the absence of agreement to the contrary, recover as an addition to the payment specified in the contract a sum equal to any additional amount payable by him in respect of the moneys on account of the increase in the rate of wholesale tax effected by section 57 of this Act.
Amendment of section 6 of Finance (No. 2) Act, 1966.
59.—(1) Section 6 of the Finance (No. 2) Act, 1966, is hereby amended by the addition of the following subsections:
“(2) Where taxable goods are applied or appropriated by way of hire to a person to whom there has been allotted a registration number under section 4 of this Act and who has, in accordance with section 5 of this Act, given to the person from whom the goods are hired a statement in writing quoting that registration number—
(a) the provisions of subsection (1) of this section shall not apply in relation to the application or appropriation, and
(b) the application or appropriation shall be deemed to be a sale of the goods by wholesale in the course of business and the moneys received in respect of the hire shall be deemed to be moneys received from a person registered under the said section 4 in respect of goods sold to him:
Provided that, if the person to whom the goods are hired, by notice in writing given to the person from whom the goods are hired, withdraws the statement aforesaid, then, on and from the date of the withdrawal, paragraphs (a) and (b) of this subsection shall cease to apply and the provisions of the said subsection (1) shall apply as if the person from whom the goods are hired had on that date applied or appropriated the goods otherwise than—
(i) in the case of a manufacturer—as materials or as stock in trade, or
(ii) in any other case—as stock in trade.
(3) Where a person to whom there has been allotted a registration number under section 4 of this Act—
(a) has, in accordance with section 5 of this Act, given to a person registered under the said section 4 from whom he hires taxable goods a statement in writing quoting that registration number, and
(b) uses those goods otherwise than directly in a production process in the course of making goods,
then, so long as the person to whom the goods are hired does not, by notice in writing given to the person from whom the goods are hired, withdraw the statement aforesaid, the provisions of the said subsection (1) shall apply to him as if—
(i) in accordance with the said section 5 he had purchased the goods in circumstances in which wholesale tax was not chargeable,
(ii) on the occasion of each payment for hire of the goods relating to a period during which he had used the goods otherwise than in a production process in the course of making goods he had applied or appropriated the goods otherwise than—
(I) in the case of a manufacturer—as materials or as stock in trade, or
(II) in any other case—as stock in trade, and
(iii) each such payment for hire was a payment in respect of a sale of goods so applied or appropriated at the wholesale price current at the time of the payment.”
(2) Subsection (1) of this section shall come into operation on the first day of the month immediately following that in which this Act is passed.
Amendment of section 11 of Finance (No. 2) Act, 1966.
60.—(1) Section 11 of the Finance (No. 2) Act, 1966, is hereby amended by the substitution of the following subsection for subsection (2):
“(2) Tax as aforesaid shall not be charged on—
(a) an article the sale of which for delivery within the State would, apart from any exemption in relation to sales of such articles to or by persons of a particular class, or by persons other than persons of a particular class, be an exempted activity for the purposes of section 3(5) of this Act,
(b) an article imported—
(i) by a manufacturer registered under section 4 of this Act and intended for use as materials or as stock for his business, or
(ii) by any other person registered under that section and intended for use as stock for his business,
(c) an article (other than a motor vehicle designed for the conveyance of persons by road or hydrocarbon oil for road transport vehicles) imported by a body corporate which establishes to the satisfaction of the Revenue Commissioners that its main activity consists in the transport of passengers or goods outside the State and that the article is for use in its business,
(d) an article imported by the Commissioners of Irish Lights for use in the maintenance of lightships or lighthouses.”.
(2) Subsection (1) of this section shall come into operation in respect of articles imported on or after the first day of the month immediately following that in which this Act is passed and, in relation to such articles, the tax provided for by section 2 (b) of the Finance (No. 2) Act, 1966, shall be charged, levied and paid as if no order had been made under section 11 of the said Act.
PART IX
Miscellaneous
Capital Services Redemption Account.
61.—(1) In this section—
“the principal section” means section 22 of the Finance Act, 1950;
“the 1968 amending section” means section 33 of the Finance Act, 1968;
“the nineteenth additional annuity” means the sum charged on the Central Fund under subsection (4) of this section;
“the Minister”, “the Account” and “capital services” have the same meanings respectively as they have in the principal section.
(2) Subsection (4) of the 1968 amending section shall, in relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of March, 1970, have effect with the substitution of “£2,636,326” for “£2,453,200”.
(3) Subsection (6) of the 1968 amending section shall have effect with the substitution of “£1,672,492” for “£1,586,900”.
(4) A sum of £3,000,128 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 March, 1970.
(5) The nineteenth 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 nineteenth additional annuity, not exceeding £1,940,575 in any financial year, may be applied towards defraying the interest on the public debt.
(7) The balance of the nineteenth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.
Amendment of Provisional Collection of Taxes Act, 1927.
62.—Section 4 (1) of the Provisional Collection of Taxes Act, 1927, is hereby amended by the deletion of paragraph (f).
Exemption from tax of premiums on certain securities.
63.—(1) The excess of the amount received on the redemption of a unit of securities to which this section applies over the amount paid for the unit on its issue shall, save where the excess falls to be taken into account in computing for the purposes of taxation the profits of a trade, be exempt from income tax (including sur-tax) and corporation profits tax.
(2) The securities to which this section applies are securities created and issued by the Minister for Finance under the Central Fund (Permanent Provisions) Act, 1965, or any other powers in that behalf him enabling, and any stock, debenture, debenture stock, certificate of charge, or other security, which is issued with the approval of the Minister for Finance given under any Act of the Oireachtas and in respect of which the payment of interest and the repayment of capital is guaranteed by the Minister for Finance under that Act, but excluding securities to which section 4 of the Central Fund Act, 1965, section 465 of the Income Tax Act, 1967, or section 8 of the Finance (No. 2) Act, 1968, applies.
Amendment of section 255 of Income Tax Act, 1967.
64.—(1) Section 255 (1) of the Income Tax Act, 1967, is hereby amended by the insertion after paragraph (d) of “and, in particular, the said expression includes any building or structure provided by the person carrying on such a trade or undertaking for the recreation or welfare of workers employed in that trade or undertaking and in use for that purpose”.
(2) Section 255 of the Income Tax Act, 1967, is hereby amended—
(a) by the insertion after “holiday camp” in the proviso to subsection (1) of “or a building or structure in use as a holiday cottage and comprised in premises registered in any register of holiday cottages established by Bord Fáilte Éireann under the provisions of any Act of the Oireachtas passed after the passing of the Finance Act, 1969”, and
(b) by the insertion in subsection (4) (a) after “dwelling-house” in each place where it occurs of “(other than a holiday cottage referred to in the proviso to subsection (1))”.
(3) Where a building or structure which falls to be regarded as an industrial building or structure by virtue of subsection (2) ceases to be comprised in premises registered in a register referred to in the said section 255 in such circumstances that section 265 of the Income Tax Act, 1967, does not apply, the relevant interest in the building or structure shall, for the purposes of Part XVI of the Income Tax Act, 1967, other than section 264 (3), be deemed upon such cesser to have been sold while the building or structure was an industrial building or structure and the net proceeds of the sale shall be deemed, for those purposes, to be an amount equal to the capital expenditure incurred on the construction of the building or structure.
(4) Where a balancing charge is made under the said section 265 by virtue of subsection (3) and the relevant interest in the building or structure is not subsequently sold by the person on whom the charge is made while the building or structure is not an industrial building or structure, that person shall, if the building or structure again becomes comprised in a premises registered in a register referred to in the said section 255, be treated for the purposes of Part XVI of the Income Tax Act, 1967, as if, at the time of the cesser referred to in subsection (3), he were the buyer of the relevant interest deemed under that subsection to have been sold.
(5) (a) Subsection (1) shall have effect in relation to capital expenditure incurred on or after the 6th day of April, 1969.
(b) Subsections (2) to (4) shall have effect in relation to capital expenditure incurred on or after the 1st day of July, 1968.
Repeals.
65.—(1) Each enactment mentioned in column (2) of Part I of the Fifth Schedule to this Act is, in relation to tax for the year 1969-70 and subsequent years, hereby repealed to the extent specified in column (3) of that Part.
(2) (a) The enactment mentioned in column (2) of Part II of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 1st day of April, 1969.
(3) (a) Each enactment mentioned in column (2) of Part III of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 6th day of April, 1969.
(4) (a) Each enactment mentioned in column (2) of Part IV of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(b) Paragraph (a) of this subsection shall be deemed to have come into operation on the 1st day of July, 1969.
(5) Each enactment mentioned in column (2) of Part V of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(6) (a) Each enactment mentioned in column (2) of Part VI of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(b) Paragraph (a) of this subsection shall have effect only in relation to persons dying on or after the 1st day of March, 1968.
(7) (a) Each enactment mentioned in column (2) of Part VII of the Fifth Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.
(b) Paragraph (a) of this subsection shall come into operation on the 1st day of October, 1969.
Care and management of taxes and duties.
66.—All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
Short title, construction and commencement.
67.—(1) This Act may be cited as the Finance Act, 1969.
(2) Parts I and II and (so far as relating to income tax, including sur-tax) section 63 of this Act shall be construed together with the Income Tax Acts.
(3) Part III of this Act, so far as it relates to customs, shall be construed together with the Customs Acts and, so far as it relates to duties of excise, shall be construed together with the Statutes which relate to the duties of excise and the management of those duties.
(4) Part V of this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.
(5) Part VI and (so far as relating to corporation profits tax) section 63 of this Act shall be construed together with Part V of the Finance Act, 1920, and the enactments amending or extending that Part.
(6) Parts VII and VIII shall be construed together with Part VI of the Finance Act, 1963, the Finance (No. 2) Act, 1966, and the enactments amending or extending that Part and the last mentioned Act.
(7) Parts I and II and section 63 of this Act 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, 1969.
(8) 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.
FIRST SCHEDULE
Spirits (Rates of Ordinary Customs Duty)
Part I
Description of Spirits | Preferential Rates | Full Rates | ||||
(1) | (2) | (3) | ||||
£ | s. | d. | £ | s. | d. | |
For every gallon of Perfumed Spirits | 29 | 10 | 2 | 29 | 14 | 2 |
For every gallon of liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested | 24 | 17 | 11 | 25 | 1 | 3 |
For every gallon computed at proof of spirits of any description not heretofore mentioned and mixtures and preparations containing spirits | 18 | 8 | 10 | 18 | 11 | 4 |
Part II
Description of Spirits | United Kingdom Rate | ||
£ | s. | d. | |
For every gallon of Perfumed Spirits | 24 | 15 | 7 |
For every gallon of liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested | 20 | 18 | 2 |
For every gallon computed at proof of spirits of any description not heretofore mentioned and mixtures and preparations containing spirits | 15 | 9 | 9 |
SECOND SCHEDULE
Duties On Tobacco
Part I
Customs
£ | s. | d. | |||||
Unmanufactured: | |||||||
if stripped or stemmed: | |||||||
containing 10 per cent. or more by weight of moisture | the lb. | 4 | 8 | 4.5 | |||
containing less than 10 per cent. by weight of moisture | ” ” | 4 | 18 | 2.5 | |||
if unstripped or unstemmed: | |||||||
containing 10 per cent. or more by weight of moisture | ” ” | 4 | 8 | 4 | |||
containing less than 10 per cent. by weight of moisture | ” ” | 4 | 18 | 2 | |||
Full | Preferential | ||||||
£ | s. | d. | £ | s. | d. | ||
Manufactured: | |||||||
cigars | the lb. | 5 | 7 | 2.1 | 4 | 11 | 4 |
cigarettes | ” ” | 5 | 4 | 10.5 | 4 | 9 | 5 |
cavendish or negrohead | ” ” | 5 | 6 | 6.9 | 4 | 10 | 10 |
cavendish or negrohead manufactured in bond | ” ” | 5 | 5 | 11.7 | 4 | 10 | 4 |
other manufactured tobacco | ” ” | 5 | 4 | 6.9 | 4 | 9 | 2 |
snuff containing more than 13 per cent. by weight of moisture | ” ” | 5 | 4 | 2.1 | 4 | 8 | 10 |
snuff containing 13 per cent. or less by weight of moisture | ” ” | 5 | 6 | 6.9 | 4 | 10 | 10 |
Part II
Customs
Full | Preferential | ||||||
£ | s. | d. | £ | s. | d. | ||
Manufactured: | |||||||
cigars | the lb. | 5 | 1 | 0.2 | 4 | 11 | 4 |
cigarettes | ” ” | 4 | 18 | 9.7 | 4 | 9 | 5 |
cavendish or negrohead | ” ” | 5 | 0 | 5.5 | 4 | 10 | 10 |
cavendish or negrohead manufactured in bond | ” ” | 4 | 19 | 10.8 | 4 | 10 | 4 |
other manufactured tobacco: | |||||||
hard pressed tobacco | the lb. | 4 | 11 | 5.2 | 4 | 2 | 0.5 |
other pipe tobacco | ” ” | 4 | 17 | 2.5 | 4 | 7 | 9.8 |
other manufactured tobacco | ” ” | 4 | 18 | 6.7 | 4 | 9 | 2 |
snuff containing more than 13 per cent. by weight of moisture | ” ” | 4 | 18 | 2 | 4 | 8 | 10 |
snuff containing 13 per cent. or less by weight of moisture | ” ” | 5 | 0 | 5.5 | 4 | 10 | 10 |
Part III
Customs
Full | Preferential | ||||||
£ | s. | d. | £ | s. | d. | ||
Manufactured: | |||||||
cigars | the lb. | 4 | 19 | 7.6 | 4 | 11 | 4 |
cigarettes | ” ” | 4 | 17 | 5.6 | 4 | 9 | 5 |
cavendish or negrohead | ” ” | 4 | 19 | 1 | 4 | 10 | 10 |
cavendish or negrohead manufactured in bond | ” ” | 4 | 18 | 6.4 | 4 | 10 | 4 |
other manufactured tobacco: | |||||||
hard pressed tobacco | ” ” | 4 | 7 | 8.6 | 3 | 19 | 8 |
other pipe tobacco | ” ” | 4 | 15 | 5 | 4 | 7 | 4.4 |
other manufactured tobacco | ” ” | 4 | 17 | 2.6 | 4 | 9 | 2 |
snuff containing more than 13 per cent. by weight of moisture | ” ” | 4 | 16 | 10 | 4 | 8 | 10 |
snuff containing 13 per cent. or less by weight of moisture | ” ” | 4 | 19 | 1 | 4 | 10 | 10 |
Part IV
Excise
£ | s. | d. | ||
Unmanufactured: | ||||
containing 10 per cent. or more by weight of moisture | the lb. | 4 | 7 | 3 |
containing less than 10 per cent. by weight of moisture | ” ” | 4 | 16 | 11 |
Manufactured: | ||||
cavendish or negrohead manufactured in bond | ” ” | 4 | 9 | 3 |
THIRD SCHEDULE
Duties On Wine
Part I
Customs
Description of Wine | Rate of Duty | |||||||
Full | Preferential | |||||||
Still Wine: | £ | s. | d. | £ | s. | d. | ||
Not exceeding 25° of proof spirit: | ||||||||
Not in bottle | the gallon | 1 | 3 | 6 | 18 | 9.2 | ||
In bottle | ” ” | 1 | 7 | 6 | 1 | 0 | 9.2 | |
Exceeding 25° but not exceeding 30° of proof spirit: | ||||||||
Not in bottle | ” ” | 1 | 7 | 6 | 1 | 1 | 2 | |
In bottle | ” ” | 1 | 15 | 6 | 1 | 5 | 2 | |
Exceeding 30° of proof spirit: | ||||||||
Not in bottle | ” ” | 2 | 1 | 6 | 1 | 11 | 6⅔ | |
In bottle | ” ” | 2 | 9 | 6 | 1 | 15 | 6⅔ | |
Sparkling Wine | ” ” | 2 | 16 | 3 | 2 | 1 | 6.5 | |
Wine exceeding 42° of proof spirit: | ||||||||
An additional duty for every degree or fraction of a degree above 42° of proof spirit | ” ” | 3 | 6 | 2 | 10 | |||
Part II
Customs
Description of Wine | Rate of Duty | Rate of Duty | |||||
(1) | (2) | (3) | |||||
£ | s. | d. | £ | s. | d. | ||
Still Wine in Bottle: | |||||||
Not exceeding 25° of proof spirit | the gallon | 1 | 0 | 2 | 19 | 11.6 | |
Exceeding 25° but not exceeding 30° of proof spirit | ” ” | 1 | 3 | 11.6 | 1 | 3 | 6.8 |
Exceeding 30° of proof spirit | ” ” | 1 | 14 |
| 1 | 13 |
|
Exceeding 42° of proof spirit: | |||||||
An additional duty for every degree or fraction of a degree above 42° of proof spirit | ” ” | 2 | 10 | 2 | 10 | ||
Part III
Excise
Description of Wine | Rate of Duty | ||
s. | d. | ||
Irish Wine: | |||
Not exceeding 25° of proof spirit | 13 | 9.5 | the gallon |
Exceeding 25° but not exceeding 30° of proof spirit | 14 | 6.5 | ” ” |
Exceeding 30° of proof spirit | 17 | 8 | ” ” |
Part IV
Excise
Description of Wine | Rate of Duty | ||
s. | d. | ||
Irish Wine: | |||
Not exceeding 25° of proof spirit | 14 | 6 | the gallon |
Exceeding 25° but not exceeding 30° of proof spirit | 15 | 6 | ” ” |
Exceeding 30° of proof spirit | 19 | 7 | ” ” |
FOURTH SCHEDULE
Part I
Amendment of Enactments
Number and Year | Short Title | Amendment |
(1) | (2) | (3) |
No. 6 of 1967. | In section 53 (1), in paragraph (b) of Case I, for “the property in the following lands, tenements and hereditaments” there shall be substituted “profits or gains arising out of lands, tenements and hereditaments in the case of any of the following concerns”; in paragraph (a) of Case III, after “periods” there shall be inserted “but not including any payment chargeable under Case V of Schedule D”; in Case IV, for “any of the foregoing Cases” there shall be substituted “any other Case of Schedule D” and after Case IV there shall be inserted “Case V.—Tax in respect of any rent in respect of any premises or any receipts in respect of any easement;”. | |
In section 83, in subsection (1), for “and the lease is a short lease” there shall be substituted “and the duration of the lease does not exeed fifty years” and in subsection (2), for “section 81 (4)” there shall be substituted “section 81 (5)”. | ||
In section 84 (1), for “a short lease” there shall be substituted “a lease of a duration not exceeding fifty years”. | ||
In section 86, for “(including, where the lease was granted on or after the 6th day of April, 1963, an appropriate sum in respect of any premium payable under the lease)” there shall be substituted “(including in the case of a lease granted on or after the 6th day of April, 1963, the duration of which does not exceed fifty years, an appropriate sum in respect of any premium payable under the lease)”. | ||
In section 89A (inserted by section 7 (1) (b) of the Finance (Miscellaneous Provisions) Act, 1968) in paragraph (b), for “paragraph (f) of section 81 (4)” there shall be substituted “paragraph (e) of section 81 (5)”. | ||
In section 92 (1), for “section 81 (4)” there shall be substituted “section 81 (5)”. | ||
In section 94, after “Case IV” there shall be inserted “or Case V”. | ||
In section 162 (3) (a), for “sections 480 and 481” there shall be substituted “section 480”. | ||
In section 183 (1), for “Schedule A, B, D or E, or under two or more” there shall be substituted “Schedule D or E, or under both”. | ||
In section 184 (1), for from “make an assessment” to the end of the subsection there shall be substituted “, but subject to section 133, make an assessment upon that person of the amount at which he ought to be charged under Schedule E”. | ||
In section 214 (3), for “as to which relief may be claimed or allowed under section 23 or 24” there shall be substituted “which are deductible in computing the profits or gains of the company or bank for the purposes of Case V of Schedule D”. | ||
In section 267 (5) (a) for “Schedule A” there shall be substituted “Case V of Schedule D” and after “structure,” there shall be inserted “or”. | ||
In section 307 (1) for “in respect of which he has elected to be charged to tax under Schedule D” there shall be substituted “managed on a commercial basis and with a view to the realisation of profits”. | ||
In section 316 (2), after “or 435” there shall be inserted “or section 25 (1) of the Finance Act, 1969”. | ||
In section 334 (1), for paragraph (a) there shall be substituted the following paragraph: | ||
“(a) from income tax chargeable under Case I (b) of Schedule D by virtue of section 53 where the profits or gains so chargeable arise out of lands, tenements or hereditaments which are owned and occupied by a charity;”. | ||
In sections 335 and 336, for “Schedules A, C, and D” there shall be substituted “Schedules C and D”. | ||
In section 433, the following subsection shall be added: | ||
“(3) This section shall not apply to any rents or other sums falling due for payment on or after the 6th day of April, 1969, and in respect of which the person entitled to them is chargeable to tax under Case V of Schedule D or would be so chargeable but for any exemption from tax”. | ||
In section 434, the following subsection shall be added: | ||
“(8) Except as provided by section 25 (1) of the Finance Act, 1969, this section shall not apply to any rents or other sums falling due for payment on or after the 6th day of April, 1969, and in respect of which the person entitled to them is chargeable to tax under Case V of Schedule D or would be so chargeable but for any exemption from tax.”. | ||
In Schedule 18, in the heading of paragraph VII, for “SCHEDULES A, B, D, OR E” there shall be substituted “SCHEDULES D OR E”. | ||
No. 7 of 1968. | Finance (Miscellaneous Provisions) Act, 1968. | In section 18 (2) (g), for “(other than a payment to which section 87 of the Income Tax Act, 1967, applies)” there shall be substituted “(other than receipts falling within subsection (1) (b) of section 81 of the Income Tax Act, 1967, the profits or gains arising from which are, by virtue of that section, chargeable to tax under Case V of Schedule D)”. |
Part II
Session and Chapter | Short Title | Amendment |
(1) | (2) | (3) |
57 & 58 Vic., c. 30. | Finance Act, 1894. | In the proviso to section 7 (5), for from “as assessed” to the end of the proviso there shall be substituted “as would, but for the provisions of the Finance Act, 1969, be assessed under Schedule A, after making such deductions as would not have been allowed in that assessment and are allowed under the Succession Duty Act, 1853, and making a deduction for expenses of management not exceeding five per cent, of such annual value”. |
FIFTH SCHEDULE
Enactments Repealed
Part I
Number and Year | Short Title | Extent of Repeal |
(1) | (2) | (3) |
No. 6 of 1967. | In section 1 (1), the definition of “rating authority”. | |
In section 2 (1) (c), the words “Schedule B or”. | ||
Section 2 (2) (d). | ||
In section 4, the words “Schedule A—Section 9; Schedule B— Section 30;”. | ||
Sections 9 to 42 and 44 and 45. | ||
In section 52, in paragraph 1 (b) of Schedule D, the words “Schedule A, Schedule B”. | ||
In section 53 (1), in paragraph (a) of Case I, the words “not contained in any other Schedule”. | ||
In section 54 (2), the words “Notwithstanding anything in Schedule B, or in the provisions applicable thereto,” and the words from “and (b) income tax shall not be charged” to the end of the subsection. | ||
Sections 54 (3) and (4) and 56 (4), (5) and (6). | ||
In section 60 (1), the words “or of the occupation of any land occupied solely or mainly for the purpose of husbandry or of the occupation of any woodlands”. | ||
In section 61 (c), the words “or annual value” and “of the annual value or”. | ||
Sections 66, 75 (2) (ii) and 78. | ||
In section 86, the words from, “and for this purpose” to the end of the section. | ||
Sections 87, 88 (2) and (3), 95, 104 and 106 (2). | ||
In section 107 (1), the words “chargeable under Case III of Schedule D pursuant to section 78 or”. | ||
Sections 147, 148, 150 and 169 (1) (a). | ||
In section 169 (2), the words “values or”. | ||
Sections 180 and 183 (1) (b). | ||
In section 183 (1), the words from “, but particulars” to the end of the subsection. | ||
Section 183 (5) (b) and (6). | ||
In section 186 (1), the letters “A, B”. | ||
Section 210 (3). | ||
In section 219 (1), the words “or of section 78”. | ||
In section 235 (7) (c), the words “Schedule B or”. | ||
Sections 243 (3), 244 (6) (b) and 245 (8) (a). | ||
In section 251 (1), the words “(otherwise than consequent upon an election under section 34)”. | ||
Sections 267 (5) (b) and 283 (2). | ||
Section 309 (3). | ||
In section 322, the words from “and in relation to” to “under Schedule D,”. | ||
In section 333 (1) (a), the words “under Schedule A or, by virtue of Chapter VI of Part IV,” and the proviso. | ||
In section 334, subsection (1) (b) and subsection (2). | ||
Sections 351, 352 and 385 (2). | ||
In section 388, the words “or under Schedule A”. | ||
In section 416 (1), the words “or of the notice under section 180 that assessments have been made (as the case may be)”. | ||
Sections 436, 437 and 477 (2) (a) and (b). | ||
In section 480 (1), the words “distrain upon the lands, tenements and premises in respect of which the tax is charged, or” and the proviso. | ||
Sections 480 (6) and 481. | ||
In section 485, in subsection (1), the words “, and notwithstanding (in the case of a Schedule A assessment) that the defaulter is not named in the assessment of the tax” and the words “or (when the tax in default is charged on lands or tenements) in which the lands and tenements are situate”, and in subsection (2), the words “and (when the tax in default is charged on lands or tenements) all or any goods, animals and other chattels which may be found on such lands or tenements,”. | ||
Section 524 (3) (a). | ||
In section 533, the words “annual value or”. | ||
In section 544 (1), the words from “and where any such clergyman” to the end of the section. | ||
Sections 545 (2) and 548. | ||
In Schedule 15, in column 2, the words “section 104 (3)”. | ||
In Schedule 18, paragraph I. | ||
No. 33 of 1968. |
Part II
Number and Year | Short Title | Extent of Repeal |
(1) | (2) | (3) |
No. 19 of 1926. | Damage to Property (Compensation) (Amendment) Act, 1926. | Section 6. |
Part III
Number and Year | Short Title | Extent of Repeal |
(1) | (2) | (3) |
No. 22 of 1965. | Finance Act, 1965. | Section 33 (3) and (4). |
No. 6 of 1967. | Section 404 (7) and (8). |
Part IV
Session and Chapter | Short Title | Extent of Repeal |
(1) | (2) | (3) |
1 Edw. 7, c. 7. | Finance Act, 1901. | Sections 5 and 9. |
3 Edw. 7, c. 46. | Revenue Act, 1903. | Section 2. |
Part V
Session and Chapter | Short Title | Extent of Repeal |
(1) | (2) | (3) |
43 & 44 Vict., c. 24. | Spirits Act, 1880. | In section 74, the words “Spirits to which any sweetening or colouring matter or any other ingredient has been added in warehouse,” and in section 95 (12), the words “and on payment of the same duty”. |
58 & 59 Vict., c. 16. | Finance Act, 1895. | In section 8, the words “Spirits to which any sweetening or colouring matter or any other ingredient has been added in warehouse, and” and “, and British liqueurs,”. |
Part VI
Number and Year | Short Title | Extent of Repeal |
(1) | (2) | (3) |
No. 22 of 1965. | Finance Act, 1965. | Section 29. |
No. 17 of 1966. | ||
No. 33 of 1968. |
Part VII
Session and Chapter or Number and Year | Short Title | Extent of Repeal |
(1) | (2) | (3) |
5 & 6 Geo. 5, c. 89. | Finance (No. 2) Act, 1915. | Section 7 and Part III of the First Schedule. |
12 & 13 Geo. 5, c. 17. | Finance Act, 1922. | Section 6 (2). |
No. 37 of 1925. | Beet Sugar (Subsidy) Act, 1925. | Section 2. |