Finance Act, 1979

Finance Act, 1979 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1979 Finance Act, 1979 Finance Act, 1979 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 11 of 1979 FINANCE ACT, 1979 ARRANGEMENT OF SECTIONS

PART I

Income Tax, Corporation Tax and Capital Gains Tax

Chapter I

Income Tax Section

Section 1

Amendment of section 142 (dependent relatives) of Income Tax Act, 1967.

Section 2

Amendment of section 5 (charge of income tax) of Finance Act, 1977.

Section 3

Personal reliefs.

Section 4

Additional relief for widows and others in respect of children.

Section 5

Special deduction for 1979-80.

Section 6

Withdrawal of income tax relief in respect of contributions under Social Welfare Acts, 1952 to 1979.

Section 7

Relief for certain expenditure on residential premises.

Section 8

Permanent health benefit schemes.

Section 9

Amendment of provisions relating to relief in respect of certain interest.

Section 10

Restriction of relief in respect of interest paid on certain loans at a reduced rate.

Section 11

Treatment for tax purposes of certain benefits payable under Social Welfare Acts, 1952 to 1979, and under Insurance (Intermittent Unemployment) Acts, 1942 to 1978.

Section 12

Amendment of section 488 of Income Tax Act, 1967 (High Court proceedings).

Chapter II

Taxation of Farming Profits

Section 13

Extension of tax charge on farming profits.

Section 14

Application for 1979-80 of section 20A (optional basis of assessment) of Finance Act, 1974.

Section 15

Amendment of section 20 (basis of assessment) of Finance Act, 1974.

Section 16

Amendment of section 21 (notional basis of assessment) of Finance Act, 1974.

Chapter III

Provisions Relating to Losses

Section 17

Amendment of section 307 (right to repayment of tax by reference to losses) of Income Tax Act, 1967.

Section 18

Amendment of section 308 (persons carrying on two or more trades) of Income Tax Act, 1967.

Section 19

Amendment of section 318 (option to treat capital allowances as creating or augmenting a loss) of Income Tax Act, 1967.

Section 20

Amendment of section 319 (extent to which capital allowances to be taken into account) of Income Tax Act, 1967.

Chapter IV

Corporation Tax

Section 21

Amendment of limit to relief for certain interest treated as a charge on income for corporation tax purposes.

Section 22

Amendment of Chapter IV (manufacturing companies) of Part I of Finance Act, 1977.

Chapter V

Income Tax and Corporation Tax

Section 23

Amendment of provisions relating to relief in respect of increase in stock values.

Section 24

Amendment of section 22 (investment allowance for machinery and plant in designated areas) of Finance Act, 1971.

Section 25

Amendment of section 25 (increase of writing-down allowances for certain industrial buildings) of Finance Act, 1978.

Section 26

Continuation of certain capital allowances for period to 1st April, 1984.

Section 27

Exemption of certain payments made by Minister for Labour.

Section 28

Retirement annuities.

Chapter VI

Anti-evasion

Section 29

Time limit for certain summary proceedings.

Section 30

Amendment of section 70 (power to require returns as to source of partnership income and amounts derived therefrom) of Income Tax Act, 1967.

Section 31

Power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayers.

Chapter VII

Anti-avoidance

Section 32

Repeal of section 144 (exemption where total income does not exceed £240, and marginal relief) of Income Tax Act, 1967.

Section 33

Amendment of section 439 (income under dispositions for short periods) of Income Tax Act, 1967.

Section 34

Amendment of Schedule 12 (dividends regarded as paid out of profits accumulated before given date) to Income Tax Act, 1967.

Chapter VIII

Capital Gains Tax

Section 35

Amendment of section 25 (private residence) of Capital Gains Tax Act, 1975.

Section 36

Amendment of section 27 (disposal within the family of business or farm) of Capital Gains Tax Act, 1975.

Section 37

Amendment of section 31 (unit trusts) of Capital Gains Tax Act, 1975.

PART II

Customs and Excise

Section 38

Interpretation (Part II).

Section 39

Beer.

Section 40

Spirits.

Section 41

Tobacco products.

Section 42

Wine and made wine.

Section 43

Cider and perry.

Section 44

Amendment of section 2 (prohibition of acting as bookmaker without licence) of Betting Act, 1931.

Section 45

Repeal.

Section 46

Provisions in relation to excise duties on agricultural produce.

Section 47

Confirmation of Order.

PART III

Value-Added Tax

Section 48

Amendment of section 18 (inspection and removal of records) of Value-Added Tax Act, 1972.

Section 49

Amendment of Third Schedule to Value-Added Tax Act, 1972.

PART IV

Stamp Duties

Section 50

Exemption from stamp duty of certain instruments.

Section 51

Amendment of section 70 (amount on which stamp duty chargeable) of Finance Act, 1973.

Section 52

Amendment of section 72 (reconstructions or amalgamations of capital companies) of Finance Act, 1973.

Section 53

Amendment of section 69 (statement to be charged with stamp duty) of Finance Act, 1973.

Section 54

Exemption from stamp duty of certain transfers.

Section 55

Agreement as to stamp duty on certain instruments.

Section 56

Revocation of Order.

PART V

Miscellaneous

Section 57

Capital Services Redemption Account.

Section 58

Care and management of taxes and duties.

Section 59

Short title, construction and commencement.

FIRST SCHEDULE Amendment of Enactments SECOND SCHEDULE Relief for certain Expenditure on Residential Premises THIRD SCHEDULE Rates of Excise Duty on Spirits FOURTH SCHEDULE Rates of Excise Duty on Tobacco Products FIFTH SCHEDULE Rates of Excise Duty on Wine and Made Wine SIXTH SCHEDULE Rates of Excise Duty on Cider and Perry Number 11 of 1979 FINANCE ACT, 1979 AN ACT TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE), TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE) AND TO MAKE FURTHER PROVISIONS IN CONNECTION WITH FINANCE. [1st June, 1979] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS :

PART I

Income Tax, Corporation Tax and Capital Gains Tax

Chapter I

Income Tax Amendment of section 142 (dependent relatives) of Income Tax Act, 1967.

1.—

Section 142

of the Income Tax Act, 1967 , is hereby amended, as respects the year 1979-80 and subsequent years of assessment, by the substitution for subsection (1A) (inserted by the Finance Act, 1978 ) of the following subsection : “(1A) For the purposes of this section ‘specified amount’ means the aggregate of the payments to which a person is entitled in that year of assessment in respect of an old age (contributory) pension at the maximum rate under the Social Welfare Acts, 1952 to 1979, if throughout that year of assessment, he is entitled to such a pension and— (a) he has no adult dependant or qualified children (within the meaning, in each case, of those Acts), (b) he is over the age of 80 years (or such other age as may stand specified in those Acts for the time being in lieu of the said age of 80 years), and (c) he is living alone.”.

Amendment of section 5 (charge of income tax) of Finance Act, 1977.

2.—(1)

Section 5

of the Finance Act, 1977 , is hereby amended, as respects the year 1979–80 and subsequent years of assessment— (a) by the substitution of “the first two rates” for “the first three rates” in subsection (1), and (b) by the substitution of the following Table for the Table to subsection (1) of the said section : “TABLE Part of taxable income Rate of tax Description of rate

(1)

(2)

Personal reliefs.

3.—(1) Where a deduction falls to be made from the total income of an individual for the year 1979-80 or any subsequent year of assessment in respect of relief to which the individual is entitled under a provision mentioned in column (1) of the Table to this subsection and the amount of the deduction would, but for this section, be an amount specified in column (2) of the said Table, the amount of the deduction shall, in lieu of being the amount specified in the said column (2), be the amount specified in column (3) of the said Table opposite the mention of the amount in the said column (2).

TABLE Statutory provision Amount to be deducted for 1978-79 Amount to be deducted for 1979–80 and subsequent years

(1)

(2)

(2)

Section 10

of the Finance Act, 1976 , and section 6 of the Finance Act, 1978 , shall have effect subject to the provisions of this section.

Additional relief for widows and others in respect of children.

4.—

Part VI

of the Income Tax Act, 1967 , is hereby amended by the insertion, after section 138, of the following section : “138A.—(1) This section applies to a person who— (a) is— (i) a widow, (ii) a widower, or (iii) a person who is not entitled to the deduction first-mentioned in subsection (1) of section 138, and (b) is entitled, for the year of assessment, to a deduction under section 141 in respect of a child resident with him.

Special deduction for 1979-80.

5.—(1) For the purposes of ascertaining the amount of the income on which an individual is to be charged to income tax for the year 1979-80 in a case where the total income of the individual for the said year consists of or includes emoluments— (a) a deduction of £175 shall be made from so much, if any, of the emoluments (but not including any emoluments deemed to be his income by virtue of section 192 of the Income Tax Act, 1967 ) as arise to the individual, and (b) a deduction of £175 shall be made from so much, if any, of the emoluments as arise to the wife of the individual and as are in excess of the amount, if any, by which the deduction to which the individual is entitled for that year under section 138 of the Income Tax Act, 1967 , is increased by virtue of subsection (3) of the said section 138.

Part IV

of the Finance (Miscellaneous Provisions) Act, 1968 , to a proprietary director of the body corporate or to the spouse of such a proprietary director, and (b) emoluments paid, directly or indirectly, by an individual, or by a partnership in which the individual is a partner, to the spouse of the individual; “proprietary director” has the meaning assigned to it by section 226 of the Income Tax Act, 1967 .

Withdrawal of income tax relief in respect of contributions under Social Welfare Acts, 1952 to 1979.

6.—In relation to the year 1979-80 or any subsequent year of assessment— (a) subsections (3), (5) and (6) of section 224 of the Income Tax Act, 1967 , shall not apply or have effect, and (b) no relief or deduction under any provision of the Income Tax Acts shall be given or allowed in respect of any contribution paid under the Social Welfare Acts, 1952 to 1979, by a person as an employed contributor or as a voluntary contributor.

Relief for certain expenditure on residential premises.

7.—(1) Subject to the provisions of the Second Schedule, 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 he incurred expenditure in respect of the labour cost of qualifying work carried out by a registered person in the qualifying period on a residence of the individual, he shall be entitled, for the purpose of ascertaining the amount of the income on which he is to be charged to income tax for the year 1979-80, to have a deduction made from his total income of the amount by which the aggregate of the expenditure in respect of the labour cost of qualifying work carried out in the qualifying period exceeds £50 :

Provided that no such deduction shall exceed £450.

Permanent health benefit schemes.

8.—(1) In this section— “benefit” means a payment made to a person in the event of loss or diminution of income, in consequence of ill-health, under a permanent health benefit scheme; “a permanent health benefit scheme” means any scheme, contract, policy, or other arrangement, approved by the Revenue Commissioners for the purposes of this section, which provides for periodic payments to an individual in the event of loss or diminution of income in consequence of ill-health; “contribution”, in relation to a permanent health benefit scheme, means any premium paid or other periodic payment made to the scheme in consideration of the right to benefit under it, being a premium or payment which bears a reasonable relationship to the benefits secured by it.

Amendment of provisions relating to relief in respect of certain interest.

9.—As respects the year 1979-80 and subsequent years of assessment, the provisions specified in the Table to this section shall have effect as if “£2,400” were substituted for “£2,000” in each place where it occurs.

TABLE (a) Subsection (2) (b) of section 496 (restriction on repayment of tax on interest in certain cases) (inserted by the Finance Act, 1974 ) of the Income Tax Act, 1967 . (b) Subsection (1) of section 38 (aggregation of interest paid by connected persons) of the Finance Act, 1974 . (c)

Section 44

(amendment of section 76 of Income Tax Act, 1967 ) of the Finance Act, 1974 . (d) Paragraph (b) of section 52 (restriction of Schedule 6 to Income Tax Act, 1967 ) of the Finance Act, 1974 . (e) Subsection (2) of section 8 (relief to individuals on loans applied in acquiring interest in companies) of the Finance Act, 1978 .

Restriction of relief in respect of interest paid on certain loans at a reduced rate.

10.—(1) (a) In this section— “employee”, in relation to an employer, means a person employed by the said employer including, in a case where the employer is a body corporate, a director, within the meaning of Chapter III of Part V of the Income Tax Act, 1967 , of the body corporate; “employer”, in relation to an individual, means— (i) a person of whom the individual or his spouse is an employee, (ii) a person of whom the individual becomes an employee subsequent to the making of a loan by the person to the individual and while any part of the loan, or of another loan replacing it, is outstanding, and (iii) a person connected with a person referred to in paragraph (i) or (ii); “loan” includes any form of credit, and references to a loan include references to any other loan applied directly towards the replacement of another loan; “preferential loan” means a loan made to an individual or his spouse by a person who in relation to the individual is an employer save that a loan shall not be a preferential loan if it was made before the 6th day of April, 1979, and at the time the loan was made, the making of loans to persons, other than employees, for a stated term of years at a rate of interest which does not vary for the duration of the loans, formed part of the trade of the said employer and interest is payable in respect of it at the rate of interest at which the employer in the course of his trade, at the time the loan was made, made loans at arm's length to persons other than employees for the purpose of purchasing dwelling-houses for occupation by the borrowers as residences; “the specified rate” means the rate of 12 per cent. per annum. (b) For the purposes of this section, a person shall be regarded as connected with another if that person would be so regarded for the purposes of section 8 of the Finance Act, 1978 . (c) In this section a reference to a loan being made by a person includes a reference to a person assuming the rights and liabilities of the person who originally made the loan and to a person arranging, guaranteeing or in any way facilitating a loan or the continuation of a loan already in existence.

(3)

Section 178

Treatment for tax purposes of certain benefits payable under Social Welfare Acts, 1952 to 1979, and under Insurance (Intermittent Unemployment) Acts, 1942 to 1978.

11.—(1) The following provisions shall have effect for the year 1980-81 and subsequent years of assessment.

TABLE

Part I

Benefits referred to in subsection (2) (a) the following benefits under the Social Welfare Acts, 1952 to 1979 : (i) disability benefit, (ii) unemployment benefit, (iii) maternity allowance comprised in maternity benefit, (iv) pay-related benefit, (v) deserted wife's benefit, and (vi) injury benefit, and disablement benefit, which are comprised in occupational injuries benefit; (b) intermittent unemployment benefit under the Insurance (Intermittent Unemployment) Acts, 1942 to 1978.

Part II

The following benefits under the Social Welfare Acts, 1952 to 1979 : (i) invalidity pension, or (ii) death benefit which is comprised in occupational injuries benefit, insofar as consisting of a pension payable to a widow, a widower, an orphan or a parent under section 17 , 18 , 19 , 20 or 21 of the Social Welfare (Occupational Injuries) Act, 1966 .

Amendment of section 488 of Income Tax Act, 1967 (High Court proceedings).

12.—

Section 488

of the Income Tax Act, 1967 , is hereby amended by the substitution, in subsection (5), of the following paragraph for paragraph (a) : “(a) a certificate signed by an inspector certifying the fact that, before the institution of the proceedings, a stated sum for income tax became due and payable by the defendant— (i) under an assessment which had become final and conclusive, or (ii) under the provisions relating to the specified amount of tax within the meaning of section 30 of the Finance Act, 1976 , and”.

Chapter II

Taxation of Farming Profits Extension of tax charge on farming profits.

13.—As respects the year 1979-80 and subsequent years of assessment— (a) section 15 (farming profits to be charged under Schedule D) of the Finance Act, 1974 , is hereby amended by the substitution in subsection (3) of “£50” for “£60”, and (b) section 19 (limit on amount of tax to be charged in certain cases) of the said Finance Act, 1974 (inserted by the Finance Act, 1978 ), is hereby amended— (i) by the substitution in the definition of V in subsection (1) of “£49” for “£59”, and (ii) by the substitution in subsection (2) of “£59” for “£69”, and the said subsection (3) (apart from the proviso), the said definition and the said subsection (2), as so amended, are set out in the Table to this section.

TABLE

V is 1 or, if greater, the number equivalent to the amount by which the rateable valuation of the farm land occupied by him for that year exceeds £49.

Application for 1979-80 of section 20A (optional basis of assessment) of Finance Act, 1974.

14.—Section 20A (inserted by the Finance Act, 1978 ) of the Finance Act, 1974 , shall have effect for the year 1979-80 as if— (a) “1979-80” were substituted for “1978-79” in each place where it occurs, (b) “section 13 of the Finance Act, 1979” were substituted for “ section 13 of the Finance Act, 1978 ” in paragraph (a) (ii), and (c) “1979” were substituted for “1978” in paragraph (a) (II).

Amendment of section 20 (basis of assessment) of Finance Act, 1974.

15.—As respects assessments for the year 1979-80 and any subsequent year of assessment, section 20 (inserted by the Finance Act, 1978 ) of the Finance Act, 1974 , is hereby amended by the addition of the following subsections: “(4) Notwithstanding the provisions of subsection (3), where, by virtue of the said subsection (3), an assessment in respect of profits or gains from farming is made in accordance with the provisions of section 21 on an individual for any year of assessment, he shall be entitled, on giving, within 30 days after the date of the notice of assessment, notice in writing to that effect to the inspector, to elect to be charged to tax for that year in respect of those profits or gains on an amount determined in accordance with the provisions of section 58 of the Income Tax Act, 1967 , and all the provisions of the Income Tax Acts (including, in particular, the provisions relating to appeals against assessments and payments on account) shall apply in relation to the said assessment as if the notice given to the inspector were a notice of appeal against the assessment under section 416 of the Income Tax Act, 1967 , and the said assessment shall be amended as necessary so as to give effect to the election so made by the individual.

Provided that paragraph (a) shall not apply for any year of assessment in which the individual is not, by virtue of section 15 (3), chargeable to tax on profits or gains from farming.

Amendment of section 21 (notional basis of assessment) of Finance Act, 1974.

16.—

Section 21

(inserted by the Finance Act, 1978 ) of the Finance Act, 1974 , is hereby amended by the substitution in the formula in subsection (1) of “125” for “90” and the said formula, as so amended, is set out in the Table to this section.

TABLE (V × l25) - W - C

Chapter III

Provisions Relating to Losses Amendment of section 307 (right to repayment of tax by reference to losses) of Income Tax Act, 1967.

17.—

Section 307

of the Income Tax Act, 1967 , is hereby amended— (a) by the deletion from subsection (1) of “or in the occupation of woodlands managed on a commercial basis and with a view to the realisation of profits,”, and (b) by the insertion after subsection (1A) of the following subsections: “(1AA) Where in any year of assessment any person carries on any trade other than farming, or any profession or employment, either solely or in partnership, or farming in a case in which this section applies, in the carrying on of which he has sustained a loss in the year preceding the year of assessment, he may make a claim under subsection (1) for the year of assessment in respect of the said loss in so far as relief has not already been given for that loss under the said subsection (1) or under any other provision of this Act; and any repayment of tax by virtue of this subsection shall be made in priority to any repayment of tax under the said subsection (1) in respect of a loss sustained in the year for which the repayment is claimed. (1AAA) The provisions of this section shall not apply to any loss sustained in the year of assessment 1979-80 or any subsequent year of assessment by the owner of a stallion from the sale of services of mares by the stallion or of rights to such services or by the part-owner of a stallion from the sale of such services or such rights.”.

Amendment of section 308 (persons carrying on two or more trades) of Income Tax Act, 1967.

18.—

Section 308

of the Income Tax Act, 1967 , is hereby amended by the insertion of the following proviso : “Provided that no deduction or set off shall be allowed in respect of a loss sustained in the year 1979-80 or in any subsequent year of assessment.”.

Amendment of section 318 (option to treat capital allowances as creating or augmenting a loss) of Income Tax Act, 1967.

19.—

Section 318

of the Income Tax Act, 1967 , is hereby amended by the substitution for subsection (1) of the following subsection : “(1) Subject to the provisions of this Chapter, any claim made under section 307 for relief in respect of a loss sustained in any trade in any year of assessment (hereafter referred to as ‘the year of loss’) may require the amount of the loss to be determined as if an amount equal to the capital allowances for the year of assessment for which the year of loss is the basis year were to be deducted in computing the profits or gains or losses of the trade in the year of loss and a claim may be so made notwithstanding that, apart from those allowances, a loss had not been sustained in the trade in the year of loss.”.

Amendment of section 319 (extent to which capital allowances to be taken into account) of Income Tax Act, 1967.

20.—

Section 319

of the Income Tax Act, 1967 , is hereby amended by the substitution for subsection (1) of the following subsection: “(1) The capital allowances for any year of assessment shall be taken into account under section 318 (1) only if and so far as they are not required to offset balancing charges for the year; and, where the capital allowances tàken into account are allowances for the year of claim or for the preceding year (the year of loss being the basis year for that year itself, or the claim being made by virtue of section 307 (1AA)), relief shall not be given by reference to those allowances in respect of an amount greater than the amount non-effective in the year for which the claim is, made or, in the case of allowances for the preceding year, the amount non-effective in both years.”.

Chapter IV

Corporation Tax Amendment of limit to relief for certain interest treated as a charge on income for corporation tax purposes.

21.—(1) Subsection (6) of section 10 (allowance of charges on income) of the Corporation Tax Act, 1976 , shall have effect as respects any accounting period of a company which commences on or after the 6th day of April, 1979, as if— (a) in paragraph (a), “£2,400” were substituted for “£2,000”, and (b) in the formula in paragraph (b), “2,400” were substituted for “2,000”.

(3)

Section 169

(limitations on deductions in respect of interest) of the Corporation Tax Act, 1976 , shall have effect as if “in respect of the accounting period in which the charges are paid” were added after “the amount specified in section 10 (6)”.

Amendment of Chapter IV (manufacturing companies) of Part I of Finance Act, 1977.

22.—

Chapter IV

of

Part I

of the Finance Act, 1977 , is hereby amended by the insertion after section 25 of the following section : “Determination of number of employment contributions.

25A.—(1) For the purposes of this Chapter the number of employment contributions payable in respect of an employed contributor in a relevant period, or part of a relevant period, falling wholly after the 5th day of April, 1979, shall be equal to the number of contribution weeks in that period, or part of a period, for which the appropriate employment contribution or contributions in respect of that employed contributor was or werepaid or would have been paid but for section 6

Chapter V

Income Tax and Corporation Tax Amendment of provisions relating to relief in respect of increase in stock values.

23.—(1) Section 31A (inserted by the Finance Act, 1976 ) of the Finance Act, 1975 , is hereby amended— (a) by the substitution of the following paragraphs for paragraphs (ii) and (iii) of the proviso (inserted by the Finance Act, 1977 ) to subsection (4) (a)— “(ii) the company's trading income to be taken into account in computing a deduction shall be that income before any deduction is made under this section or the Fifth Schedule, (iii) in relation to an accounting period which ends on or after the 6th day of April, 1978, the amount of the deduction under this section shall, notwithstanding any provision to the contrary, be three-fourths of the amount which, apart from this paragraph of this proviso, would be the amount of the deduction for that accounting period, and (iv) a deduction shall not be allowed under the provisions of this section in computing a company's trading income for any accounting period which ends on or after the 6th day of April, 1979.”, (b) by the substitution of the following paragraph for paragraph (b) of subsection (5)— “(b) the 31st day of December next following the end of the year of assessment in which the accounting period ends,”, and (c) by the substitution of “1979” for “1978”— (i) in subsection (7) (inserted by the Finance Act, 1977 ), and (ii) in subsection (9) (inserted by the Finance Act, 1977 ) in each place where it occurs, and the said subsection (7) (other than the proviso) and the said subsection (9) (other than the proviso), as so amended, are set out in the Table to this subsection.

TABLE

(2)

Section 12

of the Finance Act, 1976 , is hereby amended— (a) by the insertion of the following paragraph after paragraph (b) of subsection (2)— “(c) Where a deduction allowed by virtue of this section in computing a person's trading profits of a trade for an accounting period has effect for the year 1979-80, the amount of the deduction shall, notwithstanding any provision to the contrary, be three-fourths of the amount which, apart from this paragraph, would be the amount of the deduction for that accounting period.”, (b) by the substitution in subsection (3) of “1979-80” for “1978-79” (inserted by the Finance Act, 1978 ), (c) by the substitution of the following paragraph for paragraph (b) of subsection (4)— “(b) the 31st day of December in the year of assessment for which the assessment is made”, (d) by the substitution of “1979” for “1978” in each place where it occurs in subsection (5) (inserted by the Finance Act, 1978 ) and subsection (6) (inserted by the Finance Act, 1977 ), and (e) by the substitution of the following subsection for subsections (7) (inserted by the Finance Act, 1977 ) and (7A) (inserted by the Finance Act, 1978 )— “(7) Where a deduction allowed by virtue of this section in computing a person's trading profits of a trade for an accounting period has effect for a year of assessment (being a year of assessment later than 1978-79) (in this subsection referred to as ‘the relevant year’)— (a) the person shall not be entitled to relief— (i) under section 309 of the Income Tax Act, 1967 , for any year of assessment later than the relevant year in respect of a loss sustained in the trade before the commencement of the relevant year, or (ii) under section 311 of the Income Tax Act, 1967 , for any year of assessment earlier than the relevant year in respect of a loss sustained in the trade, (b) the provisions of section 241

TABLE

Amendment of section 22 (investment allowance for machinery and plant in designated areas) of Finance Act, 1971.

24.—

Section 22

(inserted by the Corporation Tax Act, 1976 ) of the Finance Act, 1971 , is hereby amended by the substitution of “1st day of January, 1981” for “1st day of April, 1977”.

Amendment of section 25 (increase of writing-down allowances for certain industrial buildings) of Finance Act, 1978.

25.—

Section 25

of the Finance Act, 1978 , is hereby amended by the substitution in subsection (1) of “the person” for “a person” and of “the allowance” for “an allowance” and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

Continuation of certain capital allowances for period to 1st April, 1984.

26.—For the purpose of continuing to the 1st day of April, 1984, the capital allowances provided for by the sections of the Income Tax Act, 1967 , specified in the Table to this section, the said sections (which were inserted by the Corporation Tax Act, 1976 ) shall have effect as if each reference therein to the 1st day of April, 1977, were a reference to the 1st day of April, 1984.

TABLE

Section 251 (initial allowances)

Section 254 (industrial building allowance)

Section 264 (annual allowances)

Section 265 (balancing allowances and balancing charges)

Exemption of certain payments made by Minister for Labour.

27.—The following section shall be substituted for section 25 of the Finance Act, 1976 : “25.—(1) A payment to which this section applies shall be disregarded for all the purposes of the Tax Acts.

Retirement annuities.

28.—(1) The Revenue Commissioners may, if they think fit, and subject to any conditions they think proper to impose, approve an annuity contract under section 235 of the Income Tax Act, 1967 , notwithstanding that the contract provides that the individual by whom it is made may require a sum representing the value of his accrued rights thereunder— (a) to be paid, by the person with whom it is made, to such other person as the individual may specify, and (b) to be applied by such other person in payment of the premium or other consideration under an annuity contract made between the individual and that other person and approved by the Revenue Commissioners under that section, if the first-mentioned contract otherwise falls to be approved by the Revenue Commissioners under that section.

(4)

Section 239

(5)

Section 50

TABLE (a) any contract with an individual who is, or would but for an insufficiency of profits or gains be, chargeable to tax in respect of relevant earnings (as defined in section 235 of the Income Tax Act, 1967 (retirement annuities; relief for premiums)) from a trade, profession, office or employment carried on or held by him, being a contract approved by the Revenue Commissioners under that section or section 235A (approval of contracts for dependants or for life assurance) of the Income Tax Act, 1967 (inserted by section 66 of the Finance Act, 1974 ) or any contract under which there is payable an annuity in relation to which section 28 (3) of the Finance Act, 1979, has effect;

Chapter VI

Anti-evasion Time limit for certain summary proceedings.

29.—The Tax Acts are hereby amended in relation to offences committed after the passing of this Act— (a) by the deletion in section 517 of the Income Tax Act, 1967 , of “, 413”, and (b) by the substitution of “10 years” for “three years” in the said section 517 and in section 148 of the Corporation Tax Act, 1976 , and the said sections 517 and 148, as so amended, are set out in the Table to this section.

TABLE 517. Notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act, 1851 , summary proceedings under section 128, 173 or 516 may be instituted within 10 years from the date of the committing of the offence or incurring of the penalty (as the case may be).

Amendment of section 70 (power to require returns as to source of partnership income and amounts derived therefrom) of Income Tax Act, 1967.

30.—

Section 70

of the Income Tax Act, 1967 , is hereby amended by the insertion after subsection (3) of the following subsections: “(3A) The precedent partner of any partnership, when required to do so by a notice given to him by an inspector, shall, within the time limited by such notice, prepare and deliver to the inspector a statement in writing, signed by him, stating the amount of the profits or gains arising to the partnership from each and every source chargeable according to the respective schedules, estimated for the period specified in the notice and according to the provisions of this Act and there shall be added to the statement a declaration that such amounts are estimated in respect of all the sources of income mentioned in this Act, describing the same, after deducting only such sums as are allowed. (3B) Section 174 shall have effect in relation to a partnership carrying on a trade or profession as if in that section— (a) ‘precedent partner’ were substituted for ‘person’ wherever it occurs, (b) ‘a partnership’ were substituted for ‘him’ where it firstly occurs, and (c) ‘or in the possession or power of the partnership’ were inserted after ‘ power’.”.

Power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayers.

31.—(1) (a) In this section— “an authorised officer” means an inspector authorised by the Revenue Commissioners to exercise the powers conferred by this section; “business” means any trade, profession or business (other than banking business within the meaning of the Central Bank Act, 1971 ); “documents” includes books, accounts and records; “tax” means income tax or corporation tax. (b) The persons who may be treated as “the taxpayer” under this section include a company which has ceased to exist and an individual who has died; and,in relation to such an individual, the reference in subsection (2) to the spouse is then instead to the widow or widower (the circumstance that she or he may have re-married being immaterial for the purposes of that subsection).

Chapter VII

Anti-avoidance Repeal of section 144 (exemption where total income does not exceed £240, and marginal relief) of Income Tax Act, 1967.

32.—(1)

Section 144

of the Income Tax Act, 1967 , is hereby repealed.

Amendment of section 439 (income under dispositions for short periods) of Income Tax Act, 1967.

33.—As respects income tax for the year 1979-80 and any subsequent year of assessment, section 439 of the Income Tax Act, 1967 , is hereby amended by the insertion after subsection (1) of the following subsection : “(1A) (a) This paragraph applies to a disposition or dispositions referred to in subsection (1) made, directly or indirectly, by a person (in this subsection referred to as the ‘disponer’) insofar as, by virtue or in consequence thereof, income is payable or applicable in a year of assessment, in the manner referred to in paragraph (iii) or (iv) of the said subsection (1), to or for the benefit of one or more descendants of the disponer. (b) Notwithstanding the provisions of the said subsection (1), in relation to a disponer, any income which is payable or applicable by virtue or in consequence of a disposition or dispositions to which paragraph (a) applies in excess of 5 per cent. of the total income of that disponer for the year of assessment shall be deemed for the purposes of this Act to be the income of the disponer, if living, and not to be the income of any other person. (c) In a case where this subsection has effect, in relation to any disponer, for the purpose of determining, for income tax purposes, the amount of income which remains the income of descendants of the disponer for a year of assessment by virtue or in consequence of a disposition or dispositions referred to in the said subsection (1), the aggregate of the income so remaining shall be apportioned amongst the descendants in the proportions of their entitlements under such disposition or dispositions for that year. (d) In this subsection ‘descendant’ means a child, or a child of a child, other than a child, or a child of a child, who is permanently incapacitated by reason of mental or physical infirmity.”.

Amendment of Schedule 12 (dividends regarded as paid out of profits accumulated before given date) to Income Tax Act, 1967.

34.—Schedule 12 to the Income Tax Act, 1967 , is hereby amended— (a) by the insertion of the following clause after clause (a) of subparagraph (3) (inserted by the Corporation Tax Act, 1976 ) of paragraph 5— “(aa) any group relief given to the company in accordance with the provisions of Part XI of the Corporation Tax Act, 1976 , for any accounting period in the period,” and (b) by the substitution in paragraph 6 (inserted by the Corporation Tax Act, 1976 ) of “references therein to an amount for an” for “reference therein to corporation profits tax or corporation tax payable for any”, and the said paragraph 6, as so amended, is set out in the Table to this section.

TABLE 6. Any reference in paragraph 4 or 5 to an amount for a year of assessment in the period in question shall be taken as a reference to the full amount for any year of assessment falling wholly within the period and a proportionate part of the amount (on a time basis) for any year of assessment falling partly within that period, and the references therein to an amount for an accounting period in the said period shall be construed in a corresponding manner.

Chapter VIII

Capital Gains Tax Amendment of section 25 (private residence) of Capital Gains Tax Act, 1975.

35.—

Section 25

of the Capital Gains Tax Act, 1975 , is hereby amended by the insertion after subsection (9) of the following subsection : “(9A) (a) In this subsection ‘dependent relative’ means, in relation to an individual, a relative of the individual, or of the wife or husband of the individual, who is incapacitated by old age or infirmity from maintaining himself, or the widowed mother (whether or not she is so incapacitated) of the individual or of the wife or husband of the individual. (b) If as respects a gain accruing to an individual on the disposal, on or after the 6th day of April, 1979, of, or of an interest in, a dwelling-house or part of a dwelling-house which is, or has at any time in his period of ownership been, the sole residence of a dependent relative of the individual, provided rent free and without any other consideration, the individual so claims, such relief shall be given in respect of it and of its garden or grounds as would be given under this section if the dwelling-house (or part of the dwelling-house) had been the individual's only or main residence in the period of residence by the dependent relative, and shall be so given in addition to any relief available under this section apart from this subsection :

Provided that— (i) not more than one dwelling-house (or part of a dwelling-house) may qualify for relief as being the residence of a dependent relative of the claimant at any one time nor, in the case of a man and his wife living with him, as being the residence of a dependent relative of the claimant or of the claimant's wife or husband at any one time, and (ii) the inspector, before allowing a claim, may require the claimant to show— (I) that the giving of the relief claimed will not, under paragraph (i), preclude the giving of relief to the wife or husband of the claimant, or (II) that a claim by the said wife or husband to any such relief has been relinquished.”.

Amendment of section 27 (disposal within the family of business or farm) of Capital Gains Tax Act, 1975.

36.—

Section 27

(inserted by the Capital Gains Tax (Amendment) Act, 1978 ) of the Capital Gains Tax Act, 1975 , is hereby amended by the insertion after subsection (1) (c) of the following paragraph : “(d) For the purposes of paragraph (a), an illegitimate child who has not, on or before the date of the disposal, been legitimated or adopted in the manner described in section 36 (a) (ii) of the Finance Act, 1977 , shall, if the disposal is made to him by his mother on or after the 6th day of April, 1979, be the child of his mother.”.

Amendment of section 31 (unit trusts) of Capital Gains Tax Act, 1975.

37.—(1) It is hereby declared and enacted that, for the purposes of any assessment to capital gains tax made on or after the 11th day of May, 1979, subsection (4) of section 31 of the Capital Gains Tax Act, 1975 , shall not have effect and shall be deemed never to have had effect as respects a unit trust to which the provisions of subsection (5A) (inserted by the Finance Act, 1977 ) of that section apply.

TABLE

PART II

Customs and Excise Interpretation (Part II).

38.—In this Part— “the Act of 1976 ”means the Finance Act, 1976 ; “the Order of 1975” means the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975).

Beer.

39.—(1) The duty of excise on beer imposed by paragraph 7 (1) of the Order of 1975 shall be charged, levied and paid, as on and from the 8th day of February, 1979, at the rate of £67.976 for, in the case of all beer brewed within the State, every 36 gallons of worts of a specific gravity of 1,055 degrees, and, in the case of all imported beer, every 36 gallons of beer of which the worts were before fermentation of a specific gravity of 1,055 degrees, in lieu of the rates mentioned in section 36 (1) of the Act of 1976.

Spirits.

40.—(1) The duty of excise on spirits imposed by paragraph 4 (2) of the Order of 1975 shall be charged, levied and paid, as on and from the 8th day of February, 1979, at the several rates specified in the Third Schedule to this Act in lieu of the several rates specified in the Second Schedule to the Act of 1976.

Tobacco products.

41.—(1) In this section— “the Order of 1977” means the Imposition of Duties (No. 233) (Rates of Excise Duty on Tobacco Products) Order, 1977 (S.I. No. 384 of 1977); “cavendish or negrohead”, “cigars”, “hard pressed tobacco”, “other pipe tobacco” and “tobacco products” have the same meaning as they have in the Finance (Excise Duty on Tobacco Products) Act, 1977 .

Wine and made wine.

42.—(1) The duty of excise on wine imposed by paragraph 5 (2) of the Order of 1975 shall be charged, levied and paid, as on and from the 8th day of February, 1979, at the several rates specified in Part I of the Fifth Schedule to this Act in lieu of the several rates specified in Part I of the Fourth Schedule to the Act of 1976.

Cider and perry.

43.—(1) In this section— “actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature; “% vol” means alcoholic strength by volume.

Amendment of section 2 (prohibition of acting as bookmaker without licence) of Betting Act, 1931.

44.—

Section 2

of the Betting Act, 1931 , is hereby amended by the substitution in subsection (2) of “£500” for “one hundred pounds” (inserted by the Finance Act, 1963 ) and the said subsection (2), as so amended, is set out in the Table to this section.

TABLE

Repeal.

45.—

Section 15

of the Finance Act, 1934 , is hereby repealed.

Provisions in relation to excise duties on agricultural produce.

46.—(1) It is hereby declared that the exportation from the State of produce that is subject, upon such exportation, to payment of a duty imposed by the Imposition of Duties (No. 239) (Agricultural Produce) (Cattle and Milk) Order, 1979 (S.I. No. 152 of 1979), or by the Imposition of Duties (No. 240) (Agricultural Produce) (Cereals and Sugar Beet) Order, 1979 (S.I. No. 153 of 1979), shall be prohibited unless, before such exportation, the amount of the duty is paid to the Revenue Commissioners or security that is, in the opinion of the Revenue Commissioners, adequate for its payment is given to the Revenue Commissioners.

Confirmation of Order.

47.—The Imposition of Duties (No. 234) (Excise Duties on Hydrocarbon Oils and Beer) Order, 1978, (S.I. No. 2 of 1978), is hereby confirmed.

PART III

Value-Added Tax Amendment of section 18 (inspection and removal of records) of Value-Added Tax Act, 1972.

48.—

Section 18

of the Value-Added Tax Act, 1972 , is hereby amended by the substitution of the following subsection for subsection (1): “(1) An authorised officer may, for the purpose of making any enquiry which he considers necessary concerning matters relating to liability to tax or repayment of tax in regard to any person, enter any premises in which the officer has reason to believe that such person is carrying on business and the officer may request the production of, search for and inspect any books, invoices, credit notes, debit notes, receipts, accounts, bank statements, vouchers or other documents whatsoever relating to the said business and may remove and retain any such books, invoices, credit notes, debit notes, receipts, accounts, vouchers, bank statements or other documents for such period as may be reasonable for their examination or for the purpose of any proceedings for the recovery of a penalty under this Act.”

Amendment of Third Schedule to Value-Added Tax Act, 1972.

49.—With effect as on and from the 1st day of March, 1979, the rate of value-added tax on radio receiving sets that are of the domestic or portable type or that are of a type suitable for use in road vehicles, and on gramophones, radio-gramophones and record players, shall be increased from 10 per cent. of the amount or value, as the case may be, in respect of which tax is chargeable on those goods to 20 per cent. of that amount or value and, accordingly, the Third Schedule to the Value-Added Tax Act, 1972 , shall be amended— (a) by the deletion of “radio receiving sets and” in paragraph (xxix), and (b) by the deletion of paragraph (xxx).

PART IV

Stamp Duties Exemption from stamp duty of certain instruments.

50.—Stamp duty shall not be chargeable on any conveyance, transfer or lease of land made, or agreed to be made, after the passing of this Act for charitable purposes in the State or Northern Ireland to a body of persons established for charitable purposes only or to the trustees of a trust so established:' Provided that a conveyance, transfer or lease to which this section applies shall not be deemed to be duly stamped unless it has, in accordance with the provisions of section 12 of the Stamp Act, 1891, been stamped with a particular stamp denoting that it is not chargeable with stamp duty.

Amendment of section 70 (amount on which stamp duty chargeable) of Finance Act, 1973.

51.—

Section 70

of the Finance Act, 1973 , is hereby amended by the deletion in the first proviso of “the actual value or” and “(whichever is the greater)” and the proviso, as so amended, is set out in the Table to this section.

TABLE Provided that, in any case, the amount in respect of which stamp duty is charged shall not be less than the nominal value of the shares (if any) in the company concerned allotted to the members of the capital company in connection with the transaction or belonging to the members of the capital company immediately after the transaction:

Amendment of section 72 (reconstructions or amalgamations of capital companies) of Finance Act, 1973.

52.—

Section 72

of the Finance Act, 1973 , is hereby amended by the insertion after subsection (5) of the following subsection: “(6) For the purposes of this section, a company, partnership, firm, association or legal person that is considered to be a capital company in another Member State shall be deemed to be a transferor company notwithstanding that it is not considered to be a capital company.”.

Amendment of section 69 (statement to be charged with stamp duty) of Finance Act, 1973.

53.—

Section 69

of the Finance Act, 1973 , is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Simple interest shall be payable by way of penalty upon so much of the stamp duty charged on the statement required to be delivered under subsection (1) (b) of this section as remains unpaid after the expiration of one month from the date of the transaction which gave rise to the charge for duty or after the date of the passing of this Act, whichever is the later, and such interest shall be payable at the rate of 1.25 per cent., without deduction of income tax, for each month or part of a month for which duty so remains unpaid and it shall be chargeable and recoverable in the same manner as if it were part of the duty.”.

Exemption from stamp duty of certain transfers.

54.—(1) Stamp duty shall not be chargeable on any transfer to a stock exchange nominee which is executed for the purposes of a stock exchange transaction.

Agreement as to stamp duty on certain instruments.

55.—(1) The Revenue Commissioners may, if they in their discretion so think proper, enter into an agreement with, or with persons acting on behalf of, the Stock Exchange—Irish (hereinafter in this section referred to as “the other parties to the agreement”) for the composition, in accordance with the provisions of this section, of the stamp duty chargeable under the heading “CONVEYANCE or TRANSFER on sale of any stocks or marketable securities” in the First Schedule to the Finance Act, 1970 , on such instruments as may be specified in the agreement.

Revocation of Order.

56.—The Imposition of Duties (No. 238) (Exemption from and Agreement as to Stamp Duty on Certain Transfers) Order, 1979, (S.I. No. 121 of 1979), is hereby revoked.

PART V

Miscellaneous Capital Services Redemption Account.

57.—(1) In this section— “the principal section” means section 22 of the Finance Act, 1950 ; “the 1978 amending section” means section 45 of the Finance Act, 1978 ; “the twenty-ninth 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.

Care and management of taxes and duties.

58.—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.

59.—(1) This Act may be cited as the Finance Act, 1979.

(2)

Part I

of this Act (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.

(3)

Part II

of this Act, so far as it relates to Customs, shall be construed together with the Customs Acts and the said Part II, so far as it relates to duties of excise, shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(4)

Part III

of this Act shall be construed together with (the Value-Added Tax Acts, 1972 to 1978, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1979.

(5)

Part IV

of this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(6)

Part I

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, 1979.

FIRST SCHEDULE Amendment of Enactments

Section 2.

PART I

Amendments Consequential on Changes in Rates of Tax The Income Tax Act, 1967 , is, in relation to income tax for the year 1979-80 and subsequent years of assessment, hereby amended in accordance with the following provisions: (a) in section 1 (1), the definition of “initial rate” (inserted by section 5 of the Finance Act, 1977 ) shall be deleted, (b) in section 153 (1) (dd), “or rates”, in each place where it occurs, shall be deleted, (c) in section 497, “initial rate or”, in each place where it occurs, and “as appropriate” shall be deleted, and (d) in section 525 (1), subparagraph (i) (a) shall be deleted.

PART II

Amendments Consequential on Changes in Personal Reliefs

Section 3.

The Income Tax Act, 1967 , is hereby amended in accordance with the following provisions: (a) in section 138— (i) in subsection (1), for “£1,730” in each place where it occurs, there shall be substituted “£2,230”, for “£865” there shall be substituted “£1,115” and for “£1,845” there shall be substituted “£2,345”, and (ii) in subsection (2), for “£865” in each place where it occurs, there shall be substituted “£1,115” and for “£935” there shall be substituted “£1,185”, (b) in section 141, in subsection (1A), for “£240” there shall be substituted “£218”.

SECOND SCHEDULE Relief for Certain Expenditure on Residential Premises

Section 7.

THIRD SCHEDULE Rates of Excise Duty on Spirits

Section 40.

Description of Spirits Rate of Duty £ For every gallon computed at proof of spirits of any description not mentioned hereinafter and imported mixtures and preparations containing spirits 31.0246 For every gallon of imported perfumed spirits entered in such manner as to indicate that the strength is not to be tested 49·639 For every gallon of imported liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested 41·883 FOURTH SCHEDULE Rates of Excise Duty on Tobacco Products

Section 41.

Description of Product Rate of Duty Cigarettes £9·10 per thousand together with the amount equal to 20·2 per cent. of the price at which the cigarettes are sold by retail.

Cigars £8·064 the lb.

Cavendish or negrohead £8·149 the lb.

Hard pressed tobacco £5·212 the lb.

Other pipe tobacco £6·551 the lb.

Other smoking or chewing tobacco £6·805 the lb.

FIFTH SCHEDULE

Section 42.

PART I

Rates f Excise Duty on Wine Description of Wine Rate of Duty Still £ Not exceeding 25° of proof spirit 2·844 the gallon Exceeding 25° but not exceeding 30° of proof spirit 3·701 the gallon Exceeding 30° of proof spirit 4·570 the gallon Sparkling 5·588 the gallon Wine whether still or sparkling exceeding 42° of proof spirit An additional duty for every degree or fraction of a degree above 42° of proof spirit 0·310 the gallon

PART II

Rates of Excise Duty on Made Wine Description of Made Wine Rate of Duty Still £ Not exceeding 25° of proof spirit 2·466 the gallon Exceeding 25° but not exceeding 30° of proof spirit 3·081 the gallon Exceeding 30° of proof spirit 3·392 the gallon Sparkling 4·291 the gallon Whether still or sparkling exceeding 42° of proof spirit An additional duty for every degree or fraction of a degree above 42° of proof spirit 0·276 the gallon SIXTH SCHEDULE Rates of Excise Duty on Cider and Perry

Section 43.

Description of Cider and Perry Rate of Duty £ Of an actual alcoholic strength by volume not exceeding 6% vol 0·30 the gallon Of an actual alcoholic strength by volume exceeding 6% vol but not exceeding 8·7% vol 1·25 the gallon Of an actual alcoholic strength by volume exceeding 8·7 % vol 2.466 the gallon Acts Referred to Betting Act, 1931 1931, No. 27 Capital Gains Tax Act, 1975 1975, No. 20 Capital Gains Tax (Amendment) Act, 1978 1978, No. 33 Central Bank Act, 1971 1971, No. 24 Companies (Amendment) Act, 1977 1977, No. 31 Corporation Tax Act, 1976 1976, No. 7 Finance Act, 1934 1934, No. 31 Finance Act, 1950 1950, No. 18 Finance Act, 1963 1963, No. 23 Finance Act, 1966 1966, No. 17 Finance Act, 1970 1970, No. 14 Finance Act, 1971 1971, No. 23 Finance Act, 1973 1973, No. 19 Finance Act, 1974 1974, No. 27 Finance Act, 1975 1975, No. 6 Finance Act, 1976 1976, No. 16 Finance Act, 1977 1977, No. 18 Finance Act, 1978 1978, No. 21 Finance (Excise Duty on Tobacco Products) Act, 1977 1977, No. 32 Finance (Miscellaneous Provisions) Act, 1968 1968, No. 7 Imposition of Duties Act, 1957 1957, No. 7 Income Tax Act, 1967 1967, No. 6 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Social Welfare Act, 1952 1952, No. 11 Social Welfare (Amendment) Act, 1978 1978, No. 25 Social Welfare (Occupational Injuries) Act, 1966 1966, No. 16 Stamp Act, 1891 1891, c. 39 Value-Added Tax Act, 1972 1972, No. 22 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais