Finance Act, 1925

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FINANCE ACT, 1925.

ARRANGEMENT OF SECTIONS

PART I

INCOME TAX Section

Section 1

Income tax and super-tax for 1925-26.

Section 2

Continuance of exemption of income of charities in Great Britain and Northern Ireland.

Section 3

Exemption of certain military pensions and gratuities.

Section 4

Exemption of certain profits of agricultural societies.

Section 5

Word “interest” to include “payment”.

Section 6

Relief from tax assessed on income under Case V. of Schedule D.

Section 7

Liability of citizens occasionally residing abroad.

Section 8

Extension of certain time limits.

Section 9

Extension of times for claiming certain reliefs, etc.

Section 10

Certain amendments in relation to penalties.

Section 11

Rate of tax at which certain repayments are to be made.

Section 12

Right of appeal on questions of domicile, residence, and ordinary residence.

Section 13

Explanation of income tax, deduction to be annexed to dividend warrants, etc.

Section 14

Remuneration of persons entrusted with the payment of interest, etc.

Section 15

Declaration as to effect of section 69 of Local Government Act, 1925.

PART II

CUSTOMS AND EXCISE

Section 16

Duty on personal clothing and wearing apparel.

Section 17

Duty on blanketing and blankets.

Section 18

Duty on bedsteads and furniture.

Section 19

Duty on empty glass bottles and empty glass jars.

Section 20

Duty on glass bottles and jars containing dutiable commodities.

Section 21

Duty on articles made from or containing sugar, etc.

Section 22

Additional duty on toilet soaps.

Section 23

Continuance of new import duties.

Section 24

Continuance of additional duties on dried fruits.

Section 25

Amendment of section 15 of the Finance Act, 1924.

Section 26

Reduced customs duties on sugar.

Section 27

Reduced excise duties on sugar.

Section 28

Reduced excise duty on cider and perry.

Section 29

Exemption of certain games, etc., from entertainments duty.

Section 30

Exemption of certain exhibitions of pictures, etc., from entertainments duty.

Section 31

Abolition of customs duties on tea.

Section 32

Abolition of customs duties on coffee.

Section 33

Abolition of customs duties on cocoa.

Section 34

Abolition of customs and excise duties on chicory.

Section 35

Drawback on cocoa preparations.

Section 36

Abolition of excise duty on coffee and chicory substitutes.

Section 37

Excise duty on dogs.

Section 38

Production of dog licences.

Section 39

Penalties and offences in relation to dog duty.

Section 40

Firearm certificate duty.

Section 41

Registered firearms dealers' duty.

Section 42

Salmon dealers' licence duty.

Section 43

Collection of firearm certificate and salmon dealers' licence duties.

Section 44

Determination of value of dutiable articles.

PART III

CORPORATION PROFITS TAX

Section 45

Increase of exemption from Corporation profits tax.

PART IV

STAMP DUTIES

Section 46

Ad valorem stamp duty in case of foreign currency.

Section 47

Exemption from stamp duty of certain thrift certificates.

PART V

MISCELLANEOUS AND GENERAL

Section 48

Certain particulars to be evidence in certain appeals.

Section 49

Repeals.

Section 50

Short title, construction and commencement.

FIRST SCHEDULE Rates of Sugar, etc., Duties, Drawbacks, and Allowances SECOND SCHEDULE Rates of Firearm Certificate Duty THIRD SCHEDULE Enactments Repealed Acts Referred to Finance Act, 1924 No. 27 of 1924 Army Pensions Act, 1923 No. 26 of 1923 Double Taxation (Relief) Act, 1923 No. 8 of 1923 Finance Act, 1923 No. 21 of 1923 Local Government Act, 1925 No. 5 of 1925 Adaptation of Enactments Act, 1922 No. 2 of 1922 Number 28 of 1925.

FINANCE ACT, 1925.

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. [11th July, 1925.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

INCOME TAX.

Income tax and super-tax for 1925-26.

1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1925, at the rate of four shillings in the pound.

Continuance of exemption cf income of charities in Great Britain and Northern Ireland.

2.—The like exemptions shall be granted from the tax for the several years beginning on the 6th day of April, 1925, the 6th day of April, 1926, and the 6th day of April, 1927, respectively, as were granted by section 3 of the Finance Act, 1924 (No. 27 of 1924), from the tax for the year beginning on the 6th day of April, 1924.

Exemption of certain military pensions and gratuities.

3.—(1) Military gratuities and demobilisation pay granted to officers of the National Forces or the Defence Forces of Saorstát Eireann on demobilisation shall be exempt and shall be deemed to have been exempt since the 5th day of April, 1923, from income tax (including super-tax) and shall not be reckoned in computing income for the purposes of the Income Tax Acts.

Exemption of certain profits of agricultural societies.

4.—(1) Any profits or gains arising to an agricultural society from an exhibition or show held for the purposes of the society shall, if they are applied solely to the purposes of the society, be exempt from income tax.

Word “interest” to include “payment.”

5.—In paragraph (b) of the proviso to sub-section (1) of section 187 of the Income Tax Act, 1918 the word “interest” shall be deemed to include “payment.”

Relief from tax assessed on income under Case V. of Schedule D.

6.—The Rules applicable to Case V. of Schedule D of the Income Tax Act, 1918, shall be construed and have effect as if the following Rule were inserted therein after Rule 4, that is to say:— “5.—Where a person who has been charged with tax in respect of income from a possession out of Saorstát Eireann proves that the total amount of tax, computed in accordance with Rule 1 of the Rules applicable to Cases I. and II. of Schedule D, which was paid in respect of that income for the first three complete years of assessment during which he was the owner of the possession exceeds the total amount which would have been paid if he had been assessed for each of those years on the actual amount of the income of each year, he shall be entitled to repayment of the excess.

An application for repayment under this Rule shall be made within twelve months after the end of the three years aforesaid and shall be determined by the Special Commissioners, whose determination thereon shall be final and conclusive.”

Liability of citizens occasionally residing abroad.

7.—Rule 3 of the General Rules applicable to Schedules A, B, C, D, and E of the Income Tax Act, 1918, shall be construed and have effect as if there were inserted at the beginning thereof the words “Every citizen of Saorstát Eireann and”.

Extension of certain time limits.

8.—(1) Subject to the provisions of this section, an assessment or an additional first assessment in respect of income tax chargeable for the year beginning on the 6th day of April, 1922, or any subsequent year may be amended or made (as the case may be) under section 125 of the Income Tax Act, 1918, at any time not later than six years after the expiration of the year of assessment.

Extension of times for claiming certain reliefs, etc.

9.—(1) Section 25 (which grants relief from tax in respect of income accumulated under trusts) of the Income Tax Act, 1918, shall, in the case of such a contingency as is referred to in that section happening in the year beginning on the 6th day of April, 1922, or in any subsequent year of assessment, be construed and have effect as if the words “within six years after the end of the year of assessment” were inserted therein in lieu of the words “within three years after the end of the year of assessment” now contained therein.

Certain amendments in relation to penalties.

10.—(1) Proceedings for the recovery of any fine or penalty incurred under the Income Tax Acts as amended by this Act in relation to or connection with the income tax or super-tax charged for the year beginning on the 6th day of April, 1922, or any subsequent year may be begun at any time within six years next after the date on which such fine or penalty was incurred.

Rate of tax at which certain repayments are to be made.

11.—Any repayment of income tax for any year of assessment, whether ending before or after the passing of this Act, to which any person may be entitled in respect of any deduction allowed under sections 18 to 22 of the Finance Act, 1920 , or in respect of the reduction of the rate of tax on the first two hundred and twenty-five pounds of taxable income under section 23 of that Act, shall be made at the standard rate of tax for that year, or at half that rate, as the case may be, but subject to such adjustments as may be proper in cases where relief is given under or by virtue of the Double Taxation (Relief) Act, 1923 (No. 8 of 1923): Provided that, in the case of any person who proves as regards any year that, by reason of the deductions to which he is entitled, he has no taxable income for that year, any repayment to be made shall be a repayment of the whole amount of the tax paid by him, whether by deduction or otherwise, in respect of his income for that year.

Right of appeal on questions of domicile, residence, and ordinary residence.

12.—(1) Any person who is aggrieved by the decision of the Revenue Commissioners on any question to which this section applies may, by notice in writing to that effect given to the Revenue Commissioners within two months from the date on which notice of the decision is given to him, make an application to have his claim for relief heard and determined by the Special Commissioners.

Explanation of income tax deduction to be annexed to dividend warrants, etc.

13.—(1) Every warrant, cheque, or other order drawn or made or purporting to be drawn or made after the 30th day of November, 1925, and sent or delivered for the purpose of paying any interest or dividend distributed by a company which is entitled to deduct income tax from such interest or dividend shall have annexed thereto or be accompanied by a statement in writing showing— (a) the gross amount which, after deduction of the income tax appropriate thereto, corresponds to the net amount actually paid, and (b) the rate and amount of income tax appropriate to such gross amount, and (c) the net amount actually paid.

Remuneration of persons entrusted with the payment of interest, etc.

14.—

Section 6

(which relates to the remuneration of persons entrusted with the payment of interest, etc.) of the Finance Act, 1924 (No. 27 of 1924), shall be construed and have effect and be deemed always to have had effect as if the following sub-section were inserted therein in lieu of the sub-section (1) now contained therein, that is to say:— “(1) Where a person entrusted with the payment of any interest, dividends, or other annual payments payable out of any public revenue other than that of Saorstát Eireann or in respect of the stocks, funds, shares, or securities of any foreign company, society, adventure, or concern complies with the conditions prescribed by the Revenue Commissioners under sub-section (2) of section 10 of the Finance Act, 1923 (No. 21 of 1923), such person shall be entitled to receive as remuneration an allowance to be calculated by reference to the amount of the dividends, interest, or other annual payments in respect of which such conditions have been complied with and to be fixed by the Minister for Finance at a rate or rates not being in any case less than thirteen shillings and sixpence for every thousand pounds of that amount.”

Declaration as to effect of section 69 of Local Government Act, 1925.

15.—To remove doubts it is hereby declared and enacted that so much of section 69 of the Local Government Act, 1925 (No. 5 of 1925), as enacts that for the purposes of the assessment and levying of certain rates the valuation of certain buildings under the Valuation Acts shall be deemed to have been reduced by two-thirds does not and shall not apply to or operate to reduce the annual value with reference to which the tax in respect of such buildings under Schedules A and B of the Income Tax Act, 1918, is to be ascertained, and it is hereby further declared and enacted that, notwithstanding the said section 69 but without prejudice to the proviso to sub-section (1) of section 187 of the Income Tax Act, 1918, the annual value of such buildings shall for the purposes of the ascertainment of the said tax be taken to be the full amount of the valuation thereof for the time being in force under the Valuation Acts.

PART II.

CUSTOMS AND EXCISE.

Duty on personal clothing and wearing apparel.

16.—(1) With the exception hereinafter mentioned, a customs duty of an amount equal to fifteen per cent, of the value of the article shall be charged, levied, and paid on all personal clothing and wearing apparel, whether completely or partially manufactured, and all component parts of personal clothing or wearing apparel, and all accessories of personal clothing or wearing apparel imported into Saorstát Eireann on or after the 24th day of April, 1925.

Duty on blanketing and blankets.

17.—A customs duty of an amount equal to fifteen per cent, of the value of the article shall be charged, levied, and paid on all blanketing and blankets, whether white or coloured, for whatever purpose intended and on all rugs (other than rugs intended to be used as floor coverings) imported into Saorstát Eireann on or after the 24th day of April, 1925.

Duty on bedsteads and furniture.

18.—(1) A customs duty of an amount equal to thirty-three and one-third per cent. of the value of the article shall be charged, levied, and paid on all bedsteads of whatever material made and on all component parts of bedsteads and on all furniture (other than bedsteads) made wholly or partly of wood and whether completely or partially manufactured and on all component parts of furniture (other than bedsteads) which parts are themselves made wholly or partly of wood imported into Saorstát Eireann on or after the 24th day of April, 1925.

Duty on empty glass bottles and empty glass jars.

19.—(1) A customs duty of an amount equal to thirty-three and one-third per cent, of the value of the article shall be charged, levied, and paid on all empty glass bottles and empty glass jars imported into Saorstát Eireann on or after the 24th day of April, 1925.

Duty on glass bottles and jars containing dutiable commodities.

20.—On every glass bottle or glass jar imported into Saorstát Eireann on or after the 9th day of May, 1925, and containing at the time of importation any dutiable commodity there shall be charged, levied, and paid the following customs duty, that is to say:— (a) if the capacity of the bottle or jar does not exceed five fluid ounces, a duty at the rate of three pence for every dozen or part of a dozen such bottles or jars; (b) if the capacity of the bottle or jar exceeds five fluid ounces, a duty at the rate of sixpence for every dozen or part of a dozen such bottles or jars.

Duty on articles made from or containing sugar, etc.

21.—(1) On all articles, other than sugar confectionery, cocoa preparations, beer, table waters, herb beer, cider, perry, wine, tobacco, spirits, and any article on which a duty is imposed by section 26 of this Act, imported into Saorstát Eireann on or after the 15th day of June, 1925, and made from or containing sugar or other sweetening matter there shall be charged, levied, and paid the following customs duty, that is to say:— (a) if the articles are prescribed in the official import lists to be entered on importation by weight, a duty at the rate of one penny on the pound; (b) if the articles are prescribed in the official import lists to be entered on importation by measure, a duty at the rate of tenpence on the gallon.

Additional duty on toilet soaps.

22.—In addition to the customs duty imposed by section 21 of the Finance Act, 1924 (No. 27 of 1924), a customs duty of an amount equal to ten per cent. of the value of the article shall be charged, levied, and paid on all toilet (including shaving) soaps, soap powders, and soap substitutes imported into Saorstát Eireann on or after the 24th day of April, 1925.

Continuance of new import duties.

23.—(1) The new import duties (other than the duty on records and other means of reproducing music) which were first imposed by section 12 of the Finance (No. 2) Act, 1915, and were continued up to the 1st day of May, 1925, by section 13 of the Finance Act, 1924 (No. 27 of 1924), shall continue to be charged, levied, and paid on and from the said 1st day of May, 1925, up to the 1st day of May, 1926.

Continuance of additional duties on dried fruits.

24.—(1) The additional duties on dried fruits which were first imposed by section 8 of the Finance (No. 2) Act, 1915, and were Finance Act, 1924 (No. 27 of 1924), shall continue to be charged, continued up to the 1st day of August, 1925, by section 14 of the levied, and paid on and from the said 1st day of August, 1925, up to the 1st day of August, 1926.

Amendment of section 15 of the Finance Act, 1924.

25.—(1)

Section 15

(which imposes a customs duty on sugar confectionery) of the Finance Act, 1924 (No. 27 of 1924), shall as on and from the 24th day of April, 1925, be construed and have effect as if— (a) the words “or saccharin” were inserted in sub-section (1) thereof immediately after the words “in respect of any spirits” contained in that sub-section, and (b) the words “or saccharin” and the words “except saccharin” now respectively contained in sub-section (3) thereof were omitted therefrom wherever they respectively occur in that sub-section.

Reduced customs duties on sugar.

26.—(1) In lieu of the present customs duties, drawbacks, and allowance in respect of sugar, molasses, glucose, and saccharin there shall be charged, levied, and paid as on and from the 6th day of May, 1925, the duties specified in the second column of Part I. of the First Schedule to this Act, and there shall be paid and allowed the drawbacks and allowance set out in Part II of the said Schedule, but subject both as respects duties and as respects drawbacks and allowance to the provisions, so far as they are applicable, set out in Part III. of the said Schedule.

Reduced excise duties on sugar.

27.—(1) In lieu of the present excise duties, drawbacks, and allowance in respect of sugar, molasses, glucose, and saccharin there shall as on and from the 6th day of May, 1925, be charged, levied, and paid the duties specified in the third column of Part I. of the First Schedule to this Act, and there shall be paid and allowed the drawbacks and allowance set out in Part II. of the said Schedule, but subject both as respects duties and as respects drawbacks and allowances to the provisions, so far as they are applicable, set out in Part III. of the said Schedule.

Reduced excise duty on cider and perry.

28.—(1) In lieu of the present duties of excise in respect of cider and perry there shall as on and from the 1st day of July, 1925, be charged, levied, and paid on all cider and perry which is sold or kept for sale in Saorstát Eireann a duty of excise at the rate of two pence per gallon.

(2)

Section 6

of the Finance (New Duties) Act, 1916 , and any regulations made thereunder shall apply to the duties imposed by this section in like manner as they apply to the duty therein referred to as cider duty.

Exemption of certain games, etc., from entertainments duty.

29.—Entertainments duty within the meaning of section 1 of the Finance (New Duties) Act, 1916 , shall not be charged or levied on payments for admission to any entertainment as respects which it is proved to the satisfaction of the Revenue Commissioners that the entertainment consists solely of an exhibition of all or any of the following games or sports, that is to say:— (a) games of handball, (b) games of badminton, (c) gymnastic displays not involving the use or participation of horses, dogs, or other animals, or the use of mechanically-propelled vehicles, (d) boxing contests at or in connection with which no money is awarded or paid to any of the contestants whether as prizes, remuneration, or otherwise, (e) any games or sports which are ordinarily played or contested out-of-doors by two or more persons or by two or more groups of persons and do not involve the use or participation of horses, dogs, or other animals or the use of mechanically-propelled vehicles.

Exemption of certain exhibitions of pictures, etc., from entertainments duty.

30.—Entertainments duty within the meaning of the Finance (New Duties) Act, 1916 , shall not be charged or levied on payments for admission to any entertainment as respects which it is proved to the satisfaction of the Revenue Commissioners that the entertainment consists solely of an exhibition held by any person of works of graphic art or of sculpture or of both such classes of works of his own execution and whether such exhibition is or is not held with a view to the sale of the works exhibited or otherwise for the personal profit of the person holding the exhibition.

Abolition of customs duties on tea.

31.—The duties of customs chargeable under section 12 of the Finance Act, 1924 (No. 27 of 1924), on tea shall cease to be chargeable or leviable as on and from the 6th day of May, 1925, and no duty of customs shall be chargeable or leviable on tea imported into Saorstát Eireann on or after that date.

Abolition of customs duties on coffee.

32.—The duties of customs chargeable under sub-section (1) of section 3 of the Finance Act, 1922 , on coffee shall cease to be chargeable or leviable as on and from the 6th day of May, 1925 and no duty of customs shall be chargeable or leviable on coffee imported, into Saorstát Eireann on or after that date.

Abolition of customs duties on cocoa.

33.—The duties of customs chargeable under section 2 of the Finance Act, 1922 , on cocoa, cocoa husks, cocoa shells, and cocoa-butter shall cease to be chargeable or leviable as on and from the 6th day of May, 1925, and no duty of customs shall be chargeable or leviable on cocoa, cocoa husks, cocoa shells, or cocoa-butter imported into Saorstát Eireann on or after that date, save in so far as the same may be chargeable with duty under section 16 of the Finance Act, 1924 (No. 27 of 1924).

Abolition of customs and excise duties on chicory.

34.—(1) The duties of customs chargeable under sub-section (1) of section 3 of the Finance Act, 1922 , on chicory shall cease to be chargeable or leviable as on and from the 6th day of May, 1925, and no duty of customs shall be chargeable or leviable on chicory imported into Saorstát Eireann on or after that date.

Drawback on cocoa preparations.

35.—(1) As from the 6th day of May, 1925, there shall be allowed on the due exportation or the due shipment for use as ships' stores of any goods in the manufacture or preparation of which in Saorstát Eireann any imported preparation made from or containing cocoa in any form and chargeable as such with duty under section 16 of the Finance Act, 1924 (No. 27 of 1924) has been used, a drawback equal to the duty paid under the said section 16 in respect of the quantity of such preparation which appears to the Revenue Commissioners to have been used in the manufacture or preparation of the goods.

Abolition of excise duty on coffee and chicory substitutes.

36.—The duty of excise now chargeable under sub-section (3) of section 3 of the Finance Act, 1922 , on any article or substance prepared or manufactured for the purpose of being in imitation of, or in any respect to resemble, or to serve as a substitute for, coffee or chicory, and on any mixture of any such article or substance with coffee or chicory, shall cease to be chargeable or leviable as on and from the 6th day of May, 1925, and no duty of excise shall be chargeable or leviable on any such article, substance, or mixture on or after that date.

Excise duty on dogs.

37.—(1) On and after the 1st day of January, 1926, an excise duty (in this Act referred to as dog duty) of five shillings shall be payable on every dog aged one month or upwards in respect of every year or part of a year during which such dog is kept in Saorstát Eireann.

Production of dog licences.

38.—(1) It shall be the duty of every person who keeps a dog aged one month or upwards to produce on demand for inspection by any member of the Gárda Síochána or any officer of customs and excise a licence issued under this Act in respect of the payment of dog duty on that dog in respect of the year then current: Provided always that when such demand is made elsewhere than at the residence of such person and such person has not the licence with him at the time of such demand, such person shall be deemed to comply with the demand if he undertakes to produce and (on being so required) does produce the licence at his residence for inspection by a member of the Gárda Síochána or an officer of customs and excise within twelve hours thereafter.

Penalties and offences in relation to dog duty.

39.—(1) The penalties imposed by this Act in relation to dog duty shall be excise penalties and the provisions of any Act for the time being in force in relation to the recovery of excise penalties shall apply accordingly to the recovery of such penalties.

Firearm certificate duty.

40.—(1) There shall be charged, levied, and paid at the times hereinafter mentioned on and by every person to whom a firearm certificate is granted at any time after the 31st day of July, 1925, under any Act passed or to be passed during the financial year beginning on the 1st day of April, 1925, an excise duty at the rate specified in the Second Schedule to this Act in respect of every firearm certificate so granted to him.

Registered firearms dealers' duty.

41.—(1) An excise duty of one pound shall be charged, levied, and paid on the occasions hereinafter mentioned on and by every person who has on and from the 1st day of August, 1925, or on or at any time after that day becomes registered in any register of firearms dealers which may be established and kept in pursuance of any Act passed or to be passed during the financial year beginning on the 1st day of April, 1925.

Salmon dealers' licence duty.

42.—(1) There shall be charged, levied, and paid on the occasions hereinafter mentioned on and by every person who, under any Act passed or to be passed during the financial year beginning on the 1st day of April, 1925, takes out or renews a licence for the sale of salmon and trout an excise duty of one pound in respect of every licence so taken out or renewed.

Collection of firearm certificate and salmon dealers' licence duties.

43.—(1) The excise duties imposed by this Act in respect of firearm certificates and licences for the sale of salmon and trout respectively shall be paid and collected by means of stamps denoting the amount of such duty impressed to such certificates and licences and the Stamp Duties Management Act, 1891, shall apply to such duties and stamps.

(3)

Section 58

of the Local Government (Ireland) Act, 1898 , and the Third Schedule to that Act shall be construed and have effect as if the excise duty imposed by this Act in respect of firearm certificates were added to and included in the duties mentioned in the said Third Schedule of that Act.

Determination of value of dutiable articles.

44.—The value of any article for the purposes of this Part of this Act shall be taken to be the price which an importer would give for the article if the article were delivered, freight and insurance paid, in bond at the place of importation, and duty shall be paid on that value as fixed by the Revenue Commissioners.

PART III.

CORPORATION PROFITS TAX.

Increase of exemption from Corporation profits tax.

45.—(1) In respect of every accounting period beginning before and ending on or after the 1st day of January, 1925, the proviso to sub-section (1) of section 52 of the Finance Act, 1920 , shall be construed and have effect as if the following paragraph were inserted therein in lieu of the paragraph (a) now contained in the said proviso, that is to say:— “(a) in the case of every accounting period beginning before and ending on or after the 1st day of January, 1925, the profits arising in the accounting period shall be apportioned between the part of the period which is before that date and the part of the period which is after the 31st day of December, 1924, in proportion to the respective lengths of those parts, and no tax shall be charged on so much of the profits apportioned to the first-mentioned part of the period as bears to five hundred pounds the same proportion as such first-mentioned part of the period bears to twelve months, and no tax shall be charged on so much of the profits apportioned to the second-mentioned part of the period as bears to one thousand pounds the same proportion as such second-mentioned part of the period bears to twelve months”

PART IV.

STAMP DUTIES.

Ad valorem stamp duty in case of foreign currency.

46.—Where an instrument is chargeable with ad valorem duty in respect of money in any currency other than British currency, such duty shall be calculated on the value of that money in British currency according to the rate of exchange current at the date of the instrument.

Exemption from stamp duty of certain thrift certificates.

47.—(1) A certificate issued by an employer to any of his employees in pursuance of a scheme for encouraging thrift amongst such employees whereby the employer— (a) acknowledges the receipt of money deposited with him by the employee out of his earnings in the employment of the employer, and (b) undertakes to repay such money to the employee with interest in accordance with the terms of such scheme, shall be exempt from any stamp duty chargeable under the Stamp Act, 1891, or any Act amending the same.

PART V.

MISCELLANEOUS AND GENERAL.

Certain particulars to be evidence in certain appeals.

48.—The particulars of any instrument which are presented to or obtained by the Revenue Commissioners (whether before or after the passing of this Act) under section 4 of the Finance (1909-10) Act, 1910 , shall, in any appeal under section 33 or sub-section (3) of section 60 of that Act or section 19 of the Finance Act, 1923 , be received as prima facie evidence of all matters and things stated in such particulars.

Repeals.

49.—The several enactments specified in the Third Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said Schedule and as on and from the respective dates specified in the fourth column of the said Schedule.

Short title, construction and commencement.

50.—(1) This Act may be cited as the Finance Act, 1925.

(2)

Part I

. of this Act shall be construed together with the Income Tax Acts, and

Part II

. of this Act, so far as it relates to duties of 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 British Statutes and Acts of the Oireachtas which relate to the duties of excise and the management of those duties.

FIRST SCHEDULE.

Rates of Sugar, etc., Duties, Drawbacks, and Allowances.

PART I.

DUTIES.

Articles.

Customs Duty.

Excise Duty. s. d. s. d.

Sugar which, when tested by the polariscope indicates a polarisation exceeding ninety-eight degrees the cwt.

9 4 9 4 Sugar of a polarisation not exceeding seventy-six degrees the cwt.

4 6 4 6 Sugar of a polarisation— Exceeding 76 and not exceeding 77 the cwt.

4 7.5 4 7.5 77 78 4 9.3 4 9.3 78 79 4 11.1 4 11.1 79 80 5 0.9 5 0.9 80 81 5 2.7 5 2.7 81 82 5 4.5 5 4.5 82 83 5 6.3 5 6.3 83 84 5 8.3 5 8.3 84 85 5 10.3 5 10.3 85 86 6 0.3 6 0.3 86 87 6 2.3 6 2.3 87 88 6 4.6 6 4.6 88 89 6 6.8 6 6.8 89 90 6 9.5 6 9.5 90 91 7 0.2 7 0.2 91 92 7 2.9 7 2.9 92 93 7 5.6 7 5.6 93 94 7 8.2 7 8.2 94 95 7 10.9 7 10.9 95 96 8 1.6 8 1.6 96 97 8 4.3 8 4.3 97 98 8 7.0 8 7.0 Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar and all other sugar and extracts from sugar which cannot be completely tested by the polariscope and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:— If containing 70 per cent. or more of sweetening matter _____________ the cwt.

5 11 5 11 If containing less than 70 per cent. and more than 50 per cent. of sweetening matter ____________________ the cwt.

4 3 4 3 If containing not more than 50 per cent. of sweetening matter ________________________ the cwt.

2 1 2 1 The amount of sweetening matter to be taken to be the total amount of cane, invert and other sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners.

Glucose:— Solid _____________ the cwt.

5 11 5 11 Liquid ____________ the cwt.

4 3 4 3 Saccharin (including substances of a like nature or use) _____________ the oz.

3 0 3 0

PART II.

DRAWBACKS AND ALLOWANCES.

A.—CUSTOMS DRAWBACKS.

Nature of Drawback.

Amount or Rate of Drawback

In the case of molasses produced in bond an amount equal to the duty paid and in any other case an amount equal to the duty which would be chargeable on the importation of the like article.

An amount equal to the duty paid in respect of the sugar or glucose.

An amount equal to the duty chargeable in respect of that quantity of the sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods, or, in the case of residual products, to be contained in the goods.

2 1 B.—EXCISE DRAWBACKS.

Nature of Drawback.

Amount or Rate of Drawback.

An amount equal to the duty paid.

An amount equal to the duty paid in respect of the sugar or glucose.

An amount equal to the duty paid in respect of that quantity of the sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods.

2 1

An amount equal to the drawback which would have been payable on the export of the glucose.

C.—ALLOWANCES TO REFINERS ON MOLASSES PRODUCED IN SAORSTÁT EIREANN AND USED SOLELY FOR THE PURPOSE OF FOOD FOR STOCK.

Nature of Allowance.

Rate of Allowance.

2 1

PART III.

PROVISION AS TO DUTIES.

DRAWBACKS AND ALLOWANCES.

SECOND SCHEDULE.

RATES OF FIREARM CERTIFICATE DUTY. £ s. d.

ENACTMENTS REPEALED.

Session and Chapter Short Title Extent of Repeal Date of Repeal 5 & 6 Vic., c. 81 Game Certificates (Ireland) Act, 1842 The whole Act 1st August, 1925 23 & 24 Vic., c. 90 Game Licences Act, 1860 The whole Act 1st August, 1925 23 & 24 Vic., c. 113 Excise Act, 1860 Sections 8 to 21 6th May, 1925 24 & 25 Vic., c. 91 Revenue (No. 2) Act, 1861

Section 17

1st August, 1925 28 & 29 Vic., c. 50 Dogs Regulation (Ireland) Act, 1865 The whole Act 1st Jan., 1926 30 & 31 Vic., c. 116 Dogs (Ireland) Act, 1867 The whole Act 1st Jan., 1926 33 & 34 Vic., c. 57 Gun Licence Act, 1870 The whole Act 1st August, 1925 45 & 46 Vic., c. 41.

Customs and Inland Revenue Act, 1882 Sections 5, 6 and 7 6th May, 1925 45 & 46 Vic., c. 72 Revenue, Friendly Societies and National Debt Act, 1882

Section 6

1st August, 1925 46 & 47 Vic., c. 10 Customs and Inland Revenue Act, 1883 Sections 4, 5 and 6 1st August, 1925 62 & 63 Vic., c. 9 Finance Act, 1899

Section 12

1st April, 1925 10 Edw. VII., c. 8 Finance (1909–10) Act, 1910 Sections 20, 21 and 24 1st April, 1925 6 Geo. V., c. 11 Finance (New Duties) Act, 1916 Paragraph (d) of sub-section (5) of section 1 from “or is provided” to the end of the paragraph 1st April, 1925 6 & 7 Geo. V., c. 24 Finance Act, 1916

Section 4

6th May, 1925 8 & 9 Geo. V., c. 40 Income Tax Act, 1918 Sub-section (2) of section 48 6th April, 1924 8 & 9 Geo. V., c. 40 Income Tax Act, 1918 Paragraph (b) of sub-section (2) of section 68; in No. 8 of the Rules applicable to Schedule C and entitled “Rules as to interest, etc., payable out of public revenue to or through the Bank of England or the Bank of Ireland, or by the National Debt Commissioners” the words “and the amount of any tax charged on the trading profits of either Bank”; No. 3 of the Rules applicable to Case IV of Schedule D, No. 4 or the Rules applicable to Case V of Schedule D 6th April, 1925 9 & 10 Geo. V., c. 81 Dogs Regulation (Ireland) Act, 1919 The whole Act 1st Jan., 1926 No. 27 of 1924 Finance Act, 1924

Section 12

6th May, 1925 No. 27 of 1924 Finance Act, 1924

Section 20

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