Finance Act, 1928
What is this act about?
This law sets out the financial provisions for the year 1928, primarily dealing with income tax, customs and excise duties, and other financial matters. It introduces sur-tax and makes changes to existing tax and duty regulations.
Who it applies to: Individuals liable for income tax, super-tax, and sur-tax; Importers and manufacturers of goods subject to customs and excise duties.
At a glance
- Country
- Ireland
- Area of law
- Tax law
- Articles
- 36
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Income tax and super-tax for the year 1928-29.
- The discontinuation of super-tax and the introduction of sur-tax.
- Customs and excise duties on various goods, including motor cars, glass bottles, sugar, and certain other articles.
- Exemptions from certain duties, such as entertainments duty for specific events.
Who does this act apply to?
- Individuals liable for income tax, super-tax, and sur-tax.
- Importers and manufacturers of goods subject to customs and excise duties.
- Persons employed in the consular service of foreign states, under certain conditions.
What are the key points?
- Income tax for the year beginning April 6, 1928, is charged at three shillings in the pound.
- Super-tax will not be charged for the year beginning April 6, 1929, or any subsequent year.
- Sur-tax is an additional income tax charged on individual incomes exceeding two thousand pounds, with rates varying from Ninepence to Four Shillings and Sixpence on different portions of the excess.
- Persons in the consular service of a foreign state may be exempt from income tax (including super-tax and sur-tax) on their emoluments and income from outside Saorstát Eireann, provided their home country offers a similar exemption to Saorstát Eireann's consular staff.
Tax law
Legal text
Legal text
Contents (36)
- Section 1
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 7
- Section 8
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
Finance Act, 1928 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 1928 Finance Act, 1928 Finance Act, 1928 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 1928.
FINANCE ACT, 1928.
ARRANGEMENT OF SECTIONS
Part I
.
INCOME TAX.
Section
Section 1
Income tax and super-tax for the year 1928-29.
Section 2
Discontinuance of charge to super-tax.
Section 3
Charge to sur-tax.
Section 4
Sur-tax for the year 1928-29.
Section 5
Amendment of section 157 of Income Tax Act, 1918.
Section 6
Certificate of payment of income tax under Schedules A and B.
Section 7
Exemption of persons in consular service of foreign state.
Section 8
Confirmation of Agreement.
Section 9
General notice to deliver lists, declarations or statements.
Section 10
Notices of assessments and time for giving notice of appeals.
Part II
.
CUSTOMS AND EXCISE.
Section 11
Motor car duty.
Section 12
Drawback in respect of motor car duty.
Section 13
Exemptions from motor car duty.
Section 14
Further exemptions from motor car duty.
Section 15
Allowance of credit for motor car duty.
Section 16
Duty on empty glass bottles and empty glass jars.
Section 17
Duty on certain bottles and jars containing dutiable commodities.
Section 18
Continuance of new import duties.
Section 19
Continuance of additional duties on dried fruits.
Section 20
Amendment of section 15 of the Finance Act, 1924.
Section 21
Alteration of duties on sugar.
Section 22
Alteration of duties on articles made from or containing sugar, etc.
Section 23
Exemption of certain spirit varnish from duty.
Section 24
Exemption from duty of certain parts of hats.
Section 25
Remission of entertainments duty.
Section 26
Exemption of race meetings from entertainments duty.
Section 27
Exemption of Aonach Tailteann from entertainments duty.
Section 28
Extension of exemption of agricultural exhibitions from entertainments duty.
Section 29
Amendment of section 6 of the Customs and Inland Revenue Act, 1879.
Part III
.
DEATH DUTIES.
Section 30
Repeal of section 16 of the Finance Act, 1907.
Part IV
.
CORPORATION PROFITS TAX.
Section 31
Corporation profits tax on profits of foreign companies.
Part V
.
MISCELLANEOUS AND GENERAL.
Section 32
Amendment of section 63 of the Finance Act, 1916.
Section 33
Unemployment insurance stamps.
Section 34
Care and management of taxes and duties.
Section 35
Repeals.
Section 36
Short title, construction and commencement.
First Schedule.
Agreement.
Second Schedule.
Sugar, Molasses, Glucose, Saccharin.—Rates of duties, drawbacks and allowances.
Third Schedule.
Enactments Repealed.
Acts Referred to Finance Act, 1927 No. 18 of 1927 Finance Act, 1924 No. 27 of 1924 Finance Act, 1925 No. 28 of 1925 Adaptation of Enactments Act, 1922 No. 2 of 1922 Number 11 of 1928.
FINANCE ACT, 1928.
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. [17th July, 1928.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
PART I.
Income Tax.
Income tax and super-tax for the year 1928-29.
1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1928, at the rate of three shillings in the pound.
Discontinuance of charge to super-tax.
2.—Super-tax shall not be charged for the year beginning on the 6th day of April, 1929, or any subsequent year.
Charge to sur-tax.
3.—(1) In addition to the income tax charged at the rate prescribed for any year there shall be charged, levied, and paid for that year in respect of the income of any individual, the total of which from all sources exceeds two thousand pounds, an additional duty of income tax (in this Act referred to as sur-tax) at the rate or rates prescribed by the Oireachtas for that year.
Sur-tax for the year 1928-29.
4.—Sur-tax shall be charged for the year beginning on the 6th day of April, 1928, at the following rates:— In respect of the first two thousand pounds of the income Nil.
In respect of the excess over two thousand pounds, for every pound of the first five hundred pounds of the excess Ninepence, for every pound of the next five hundred pounds of the excess One Shilling. for every pound of the next one thousand pounds of the excess One Shilling and Sixpence. for every pound of the next one thousand pounds of the excess Two Shillings and Threepence. for every pound of the next one thousand pounds of the excess Three Shillings. for every pound of the next two thousand pounds of the excess Three Shillings and Sixpence. for every pound of the next two thousand pounds of the excess Four Shillings. for every pound of the remainder of the excess Four Shillings and Sixpence.
Amendment of section 157 of Income Tax Act 1918.
5.—Sub-section (2) of section 157 (which relates to the date when income tax is due) of the Income Tax Act, 1918, shall cease to have effect so far as it relates to tax chargeable under Schedule A, other than any tax so chargeable in respect of income which is or is to be treated as earned income.
Certificate of payment of income tax under Schedules A and B.
6.—(1) The landlord or immediate lessor or the occupier of any property charged or chargeable under Schedule A or Schedule B of the Income Tax Act, 1918, may apply to the inspector of taxes for the district in which such property is situated for a certificate that all income tax charged under the said Schedules for all the years of assessment ending prior to the 6th day of April preceding the date of the application has been paid and that no further income tax under the said Schedules is chargeable for such years, and the inspector of taxes on being satisfied as to the facts shall issue a certificate to that effect.
Exemption of persons in consular service of foreign state.
7.—(1) Subject to the provisions of this section, exemption shall be granted from income tax (including super-tax and sur-tax) in respect of the emoluments payable by a foreign state to which this section applies to any person who, being a citizen of such foreign state, is permanently employed in the consular service of such state and is appointed to serve in Saorstát Eireann and in respect of any income arising outside Saorstát Eireann accruing to any such person, and no account shall be taken of any such emoluments or income in estimating the amount of income of such person for the purposes of the Income Tax Acts.
Confirmation of Agreement.
8.—The Agreement set forth in the First Schedule to this Act is hereby confirmed and shall have effect with respect to the exemption or relief to be granted from Saorstát Eireann Income Tax, super-tax and sur-tax for the year beginning on the 6th day of April, 1928, and from Saorstát Eireann income tax and sur-tax for every subsequent year in which the said Agreement has, by virtue of an Act of the British Parliament, effect with respect to the exemption or relief to be granted, in the case of the year beginning on the 6th day of April, 1928, from British income tax, super-tax and sur-tax for that year and, in the case of any subsequent year, from British income tax and sur-tax for such year.
General notice to deliver lists, declarations or statements.
9.—(1) The Special Commissioners shall in each year of assessment cause general notice to be given, requiring all persons who, by the Income Tax Acts, are required to deliver any list, declaration, or statement to make out and deliver such list, declaration or statement to the inspectors of taxes for the respective districts or to the Revenue Commissioners within such time as shall be limited by such notice, not being less than twenty-one days from the giving thereof.
Notices of assessments and time for giving notice of appeals.
10.—(1) When assessments under Schedules A and B shall have been signed, the Special Commissioners shall cause notice thereof and of the time for giving notice of appeal to be given in such manner as they shall deem expedient.
PART II.
Customs and Excise.
Motor car duty.
11.—(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 motor cars and component parts and accessories of motor cars imported into Saorstát Eireann on or after the 26th day of April, 1928.
Drawback in respect of motor car duty.
12.—(1) If it is proved to the satisfaction of the Revenue Commissioners that motor car duty has been duly paid in respect of any article and that such article has not been used in Saorstát Eireann, a drawback equal to the amount of the duty so paid shall be allowed on such article if it is exported as merchandise.
(2)
Section 6
of the Customs and Inland Revenue Act, 1879 , shall not apply to articles liable to motor car duty and any such article re-imported into Saorstát Eireann after exportation therefrom shall be exempt from such duty if it is shown to the satisfaction of the Revenue Commissioners either that the article had not been imported previously to exportation or that no drawback of duty was allowed on exportation or that any drawback so allowed has been repaid to the Revenue Commissioners.
Exemptions from motor car duty.
13.—(1) Where it is proved to the satisfaction of the Revenue Commissioners that a motor car is constructed and adapted for propulsion or traction along rail tracks and is intended to be or has been and is being used exclusively for such propulsion or traction or that a motor tractor is constructed and adapted for agricultural purposes not involving use on a public road and is intended to be or has been and is being used exclusively for such agricultural purposes or that an article is a component part or accessory and is intended to be or has been and is being exclusively used as a component part or accessory of any such motor car or motor tractor as aforesaid, or that an article is of a kind mainly used as a component part or accessory of a motor car but is imported for use for some other purpose, the Revenue Commissioners shall, subject to such conditions (if any) as to labelling, marking, stamping, proof, security or otherwise as they think fit to impose, allow such article to be imported without payment of motor car duty, or, where such duty has been paid on importation, shall repay such duty.
Further exemptions from motor car duty.
14.—(1) The Minister for Finance may by order exempt from motor car duty any specified article liable to such duty if he is satisfied that, having regard to the small value of the article, it is inexpedient that the duty should be charged.
Orders made under sub-section (5) of section 13 of the Finance (No. 2) Act, 1915 , and in force on the 25th day of April, 1928, may be revoked or amended by an order made under this sub-section and, until so revoked and subject to any such amendment, shall apply to motor car duty and continue in force accordingly.
Regulations made under sub-section (6) of section 13 of the Finance (No. 2) Act, 1915 , and in force on the 25th day of April, 1928, may be revoked or amended by regulations made under this sub-section and, until so revoked and subject to any such amendment, shall apply to motor car duty and to motor cars liable to that duty and shall continue in force accordingly.
Allowance of credit for motor car duty.
15.—Notwithstanding anything contained in section 56 of the Customs Consolidation Act, 1876 , the Revenue Commissioners may, in respect of any motor car chassis imported without a body and liable to motor car duty, allow, subject to such conditions as to security for payment of the duty and otherwise as they shall think proper to prescribe, the payment of the duty properly payable on the importation of such chassis to be deferred for a period not exceeding three months from the date on which such chassis was entered under the Customs Acts.
Duty on empty glass bottles and empty glass jars.
16.—(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 of the kind hereinafter mentioned of a capacity of five fluid ounces or more and imported into Saorstát Eireann on or after the 26th day of April, 1928, that is to say:— (a) all empty glass bottles of a kind ordinarily used for bottling table waters as defined by sub-section (2) of section 7 of the Finance Act, 1916 , spirits (excluding perfumed spirits and medicinal spirits) wine, beer or cider, and (b) all empty glass jars of a kind ordinarily used for containing jams, marmalades, or jellies.
(6)
Section 6
of the Customs and Inland Revenue Act, 1879 , shall not apply to articles liable to the duty imposed by this section.
Duty on certain bottles and jars containing dutiable commodities.
17.—There shall be charged, levied, and paid on every bottle or jar of the capacity of five fluid ounces or more imported into Saorstát Eireann on or after the 26th day of April, 1928, and containing at the time of importation any dutiable commodity a duty of customs at the rate of sixpence for every dozen or part of a dozen such bottles or jars.
Continuance of new import duties.
18.—(1) The new import duties which were first imposed by section 12 of the Finance (No. 2) Act, 1915 , and were (with the exception of the duty on records and other means of reproducing music and the duty on blank film on which no picture has been impressed) continued up to the 1st day of May, 1928, by section 12 of the Finance Act, 1927 (No. 18 of 1927), shall, with the exceptions aforesaid and with the further exception of the duty on motor cars (including motor bicycles and motor tricycles) and accessories and component parts thereof other than tyres, continue to be charged, levied, and paid on and from the said 1st day of May, 1928, up to the 1st day of May, 1929.
Continuance of additional duties on dried fruits.
19.—(1) The additional duties on dried fruits which were first imposed by section 8 of the Finance (No. 2) Act, 1915 , and were continued up to the 1st day of August, 1928, by section 13 of the Finance Act, 1927 (No. 18 of 1927), shall continue to be charged, levied and paid on and from the said 1st day of August, 1928, up to the 1st day of August, 1929.
Amendment of section 15 of the Finance Act, 1924.
20.—In sub-section (3) of section 15 of the Finance Act, 1924 (No. 27 of 1924) the expression “sugar confectionery” shall not include ginger preserved in syrup imported into Saorstát Eireann in wooden barrels or casks of a capacity of not less than one hundredweight.
Alteration of duties on sugar.
21.—(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 26th day of April, 1928, the duties specified in the second column of Part I of the Second Schedule to this Act, and there shall be paid and allowed the drawbacks and allowance set out in Part II of the said Second 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 First Schedule to the Finance Act, 1925 (No. 28 of 1925).
Alteration of duties on articles made from or containing sugar, etc.
22.—(1) In lieu of the duties of customs chargeable under section 21 of the Finance Act, 1925 (No. 28 of 1925) there shall be charged, levied, and paid 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 21 (which relates to alteration of duties on sugar) of this Act) imported into Saorstát Eireann on or after the 26th day of April, 1928, and made from or containing sugar or other sweetening matter, the following duties of customs, 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 and one farthing 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 one shilling on the gallon.
Exemption of certain spirit varnish from duty.
23.—(1) Where a manufacturer in Saorstát Eireann of goods in the manufacture or preparation for sale of which varnish made with spirit (in this section referred to as spirit varnish) is used shows to the satisfaction of the Revenue Commissioners— (a) that a spirit varnish made in Saorstát Eireann and reasonably efficient for the purpose of such manufacturer is not obtainable, and (b) that a substantial proportion of the said goods is exported, the Revenue Commissioners may, subject to the provisions of this section and to compliance with such conditions as they think fit for the security of the revenue from time to time to prescribe, allow the importation by such manufacturer without payment of spirit duty of such quantity of spirit varnish as they consider reasonable for the said purpose of such manufacturer.
Exemption from duty of certain parts of hats.
24.—The duty of customs imposed by section 16 of the Finance Act, 1925 (No. 28 of 1925) shall not be charged or levied on the following articles imported into Saorstát Eireann on or after the 26th day of April, 1928, that is to say, hoods and shapes for the manufacture of hats which require for the purpose of such manufacture to be blocked, shaped, or cut, and in respect of which it appears to the satisfaction of the Revenue Commissioners that the process of blocking, shaping, or cutting represents a substantial portion of the process of manufacture.
Remission of entertainments duty.
25.—Entertainments duty shall not be chargeable or leviable under section 1 of the Finance (New Duties) Act, 1916 , as amended by subsequent enactments on any payment for admission to an entertainment which does not exceed fourpence.
Exemption of race meetings from entertainments duty.
26.—On and after the 1st day of May, 1928, 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 one or more horse races.
Exemption of Aonach Tailteann from entertainments duty.
27.—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 provided by the Council of Aonach Tailteann if it is shown to the satisfaction of the Revenue Commissioners that the entertainment is held in immediate connection with Aonach Tailteann and solely for the benefit thereof.
Extension of exemption of agricultural exhibitions from entertainments duty.
28.—An entertainment provided by a society which is established solely for the purpose of promoting the interest of the industry of agriculture or some branch thereof shall not be excluded from the exemption given by section 7 of the Finance Act, 1921 , solely by reason of the inclusion in the entertainment of any item which is not part of an exhibition of the kind specified in paragraph (b) of sub-section (1) of the said section 7, if such item is shown to the satisfaction of the Revenue Commissioners to be included in the entertainment merely as a subsidiary part thereof.
Amendment of section 6 of the Customs and Inland Revenue Act, 1879.
29.—
Section 6
of the Customs and Inland Revenue Act, 1879 , shall, on and after the 26th day of April, 1928, have effect in relation to plain spirits distilled in the Irish Free State reimported from Great Britain or Northern Ireland as if the words “the same shall be brought back within five years from the time of the exportation thereof, and” were omitted therefrom.
PART III.
Death Duties.
Repeal of section 16 of the Finance Act, 1907.
30.—(1)
Section 16
(which relates to the abolition of limited aggregation of certain settled property) of the Finance Act, 1907 , is hereby repealed so far as relates to persons dying after the passing of this Act.
PART IV.
Corporation Profits Tax.
Corporation profits tax on profits of foreign companies.
31.—(1) Corporation profits tax chargeable on profits of a foreign company arising in an accounting period ending after the 31st day of December, 1928, shall, subject to the provisions of this section, be charged, levied and paid at the rate of seven and one-half per cent. in lieu of the rate of five per cent.
PART V.
Miscellaneous and General.
Amendment of section 63 of the Finance Act, 1916.
32.—
Section 63
of the Finance Act, 1916 , as adapted by and under the Adaptation of Enactments Act, 1922 (No. 2 of 1922) is hereby amended as follows:— (a) by the deletion of the words “in the United States of America” now contained therein and the insertion in lieu of the words so deleted of the words “outside Saorstát Eireann,” and (b) by the deletion of the words “by British subjects” now contained therein.
Unemployment insurance stamps.
33.—(1) Section 20 of the Finance Act, 1911, shall be construed and have effect and be deemed always to have had effect as from the commencement of the Unemployment Insurance Act, 1920, as if the expression “stamps used to denote other duties” contained therein included stamps used for the purposes of the said Unemployment Insurance Act, 1920.
Care and management of taxes and duties.
34.—(1) All taxes and duties imposed or continued by this Act are hereby placed under the care and management of the Revenue Commissioners.
Repeals.
35.—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.
36.—(1) This Act may be cited as the Finance Act, 1928.
(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 the Acts of the Oireachtas which relate to duties of excise and the management of those duties.
FIRST SCHEDULE.
Agreement made the 25th day of April, 1928, between the British Government and the Government of the Irish Free State, amending the Agreement made on the fourteenth day of April, 1926, between the said Governments in respect of Double Income Tax.
With a view to making such alterations in the Agreement made the 14th April, 1926, between the British Government and the Government of the Irish Free State in respect of Double Income Tax as may be necessary in consequence of the alterations in the British Income Tax Acts effected by the British Finance Act, 1927 , and of the alterations contemplated in the Irish Free State Income Tax Acts, it is hereby agreed between the said Governments that the said Agreement shall be amended as follows:— 1.(a) In Article 1 (a) of the said Agreement the words “British income tax” shall as respects the year 1928/29 and any subsequent year be construed as meaning British income tax charged or chargeable at the standard rate and the expression “British super-tax” shall for the year 1928/29 include British sur-tax and shall for subsequent years mean British sur-tax. (b) In Article 1 (b) of the said Agreement the expression “Irish Free State super-tax” shall for the year 1928/29 include Irish Free State sur-tax and shall for subsequent years mean Irish Free State sur-tax.
Section 27
of the Finance Act, 1920 , provided that (a) the rate of relief to be allowed from British income tax shall be one-half of that person's appropriate rate of British income tax or one-half of his appropriate rate of Irish Free State tax, whichever is the lower; (b) the rate of relief to be allowed from Irish Free State tax shall be one-half of that person's appropriate rate of British income tax or one-half of his appropriate rate of Irish Free State tax, whichever is the lower; (c) the appropriate rate of British income tax for any year shall in the case of a person whose income is chargeable to British income tax at the standard rate only be a rate ascertained by dividing the amount of tax payable by him for that year in respect of his total income (before deduction of any relief granted in respect of life assurance premiums or any relief granted under the provisions of
Section 27
of the Finance Act, 1920 , as amended by this Article) by the amount of his total income, and shall in the case of a person part of whose total income is chargeable to British income tax at a rate or rates in excess of the standard rate be the sum of the following rates:— (i) the rate which would have been the appropriate rate in the case of that person if his income had been chargeable at the standard rate only, and (ii) the rate ascertained by dividing the amount of the British sur-tax payable by that person for that year by the amount of his total income for that year; (d) the appropriate rate of Irish Free State tax for any year shall in the case of a person whose income is chargeable in the Irish Free State to income tax only be a rate ascertained by dividing the amount of tax payable by him for that year in respect of his total income (before deduction of any relief granted in respect of life assurance premiums or any relief granted under the provisions of
Section 27
of the Finance Act, 1920 , as amended by this Article) by the amount of his total income, and shall in the case of a person whose income is chargeable to Irish Free State sur-tax be the sum of the following rates:— (i) the rate which would have been the appropriate rate in the case of that person if his income had been chargeable to income tax only, and (ii) the rate ascertained by dividing the amount of the Irish Free State sur-tax payable by that person for that year by the amount of his total income for that year; (e) relief under this Article from British income tax allowable to any person for any year shall be given as to such an amount as would be due if his income for the year were chargeable to British income tax at the standard rate only and to Irish Free State income tax only by repayment of or set off against the tax at the standard rate payable by him for that year, and as to any balance by repayment of or set off against any British sur-tax payable by him for that year; (f) relief under this Article from Irish Free State tax allowable to any person for any year shall be given as to such an amount as would be due if his income for the year were chargeable to British income tax at the standard rate only and to Irish Free State income tax only by repayment of or set off against the income tax payable by him for that year, and as to any balance by repayment of or set off against any Irish Free State sur-tax payable by him for that year.
Section 27
of the Finance Act, 1920 , so far as applicable, from British super-tax for that year and Irish Free State super-tax for that year respectively at one-half of the lower of the two following rates:— (a) that person's rate of British super-tax for the year 1928/29 ascertained by dividing the amount of the super-tax payable by him for that year by the amount of his total income from all sources for that year as estimated for super-tax purposes, (b) that person's rate of Irish Free State super-tax for the year 1928/29 ascertained by dividing the amount of the super-tax payable by him for that year by the amount of his total income from all sources for that year as estimated for super-tax purposes.
Section 27
of the Finance Act, 1920 , shall in relation to British taxation be construed as references to that section subject to the amendments thereof effected by the British Finance Act, 1927 , other than the amendment of the said section numbered (iv) in Part II of the Fifth Schedule to the said Act of 1927.
Dated this 25th day of April, Nineteen Hundred and Twenty-eight. (Signed) (Signed) WINSTON S. CHURCHILL.
EARNAN DE BLAGHD, Chancellor of the Exchequer.
Minister for Finance, Saorstát Eireann.
SECOND SCHEDULE.
SUGAR, MOLASSES, GLUCOSE, SACCHARIN.—RATES OF 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.
11 8 11 8 Sugar of a polarisation not exceeding seventy-six degrees, the cwt.
5 7 5 7 Sugar of a polarisation— Exceeding 76 and not exceeding 77 the cwt.
5 9.4 5 9.4 77 78 5 11.6 5 11.6 78 79 6 1.9 6 1.9 79 80 6 4.1 6 4.1 80 81 6 6.4 6 6.4 81 82 6 8.6 6 8.6 82 83 6 10.8 6 10.8 83 84 7 1.4 7 1.4 84 85 7 3.9 7 3.9 85 86 7 6.4 7 6.4 86 87 7 8.9 7 8.9 87 88 7 11.7 7 11.7 88 89 8 2.5 8 2.5 89 90 8 5.9 8 5.9 90 91 8 9.2 8 9.2 91 92 9 0.6 9 0.6 92 93 9 4.0 9 4.0 93 94 9 7.3 9 7.3 94 95 9 10.7 9 10.7 95 96 10 2.0 10 2.0 96 97 10 5.4 10 5.4 97 98 10 8.8 10 8.8 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.
7 5 7 5 If containing less than 70 per cent. and more than 50 per cent. of sweetening matter, the cwt.
5 4 5 4 If containing not more than 50 per cent. of sweetening matter, the cwt.
2 7 2 7 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.
7 5 7 5 Liquid the cwt.
5 4 5 4 Saccharin (including substances of a like nature or use) the oz.
3 9 3 9
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.
2s. 7d.
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.
2s. 7d.
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.
Allowance on molasses produced from sugar on which duty has been paid on importation or on which the excise duty has been paid the cwt.
2s. 7d.
THIRD SCHEDULE.
ENACTMENTS REPEALED.
Session and Chapter or Number and Year.
Short Title.
Extent of Repeal.
Date of Repeal.
63 & 64 Vic. c. 7.
Finance Act, 1900 .
Sub-section (2) of section 12, except so far as relates to persons dying before the 19th day of April, 1907.
The passing of this Act.
8 & 9 Geo. V. c. 40.
Income Tax Act, 1918.
Sections 98 and 134.
6th. April, 1928.
No. 28 of 1925.
Finance Act, 1925 .
Paragraph (e) of sub-section (2) of section 16 , and sections 19 and 20 .
26th April, 1928.
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