Finance Act, 1952

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FINANCE ACT, 1952.

ARRANGEMENT OF SECTIONS

PART I.

Income Tax.

Section

Section 1

Income tax and sur-tax for the year 1952–53.

Section 2

Alteration of earned income allowance and of allowance from total income (person aged sixty-five or upwards).

Section 3

Deduction in respect of dependent relative—increase of income limit of relative.

Section 4

Alteration of reduced rate relief and consequential amendment of section 32 of Income Tax Act, 1918.

Section 5

Cesser of section 2 of Finance Act, 1941.

PART II.

Customs and Excise.

Section 6

Mineral hydrocarbon light oil.

Section 7

Hydrocarbon oil.

Section 8

Spirits.

Section 9

Beer—customs duties.

Section 10

Beer—excise duties.

Section 11

Increase of rebate on beer brewed from home malted cereals.

Section 12

Tobacco.

Section 13

Tobacco (excise duty on certain stocks).

Section 14

Termination of entertainments duty in respect of ball or dance.

Section 15

Valuation of imported goods.

Section 16

Release of imported goods.

PART III.

Death Duties.

Section 17

Amendment of section 33 of Finance Act, 1935.

PART IV.

Stamp Duties.

Section 18

Amendment of section 13 (4) of Finance (No. 2) Act, 1947.

Section 19

Conveyance or transfer on sale—limit on stamp duty in the case of certain transactions between bodies corporate.

Section 20

Amendment of section 13 (6) (b) of Finance (No. 2) Act, 1947.

Section 21

Restriction of application of section 13 of Finance (No. 2) Act, 1947.

Section 22

Amendment of section 24 (4) of Finance Act, 1949.

PART V.

Miscellaneous and General.

Section 23

Capital Services Redemption Account.

Section 24

Care and management of taxes and duties.

Section 25

Short title, construction and commencement.

FIRST SCHEDULE.

Spirits (Rates of Ordinary Customs Duty) SECOND SCHEDULE.

Duties on Tobacco THIRD SCHEDULE.

Value of Imported Goods Acts Referred to Finance Act, 1939 No. 18 of 1939 Finance Act, 1951 No. 15 of 1951 Finance Act, 1944 No. 18 of 1944 Finance Act, 1949 No. 13 of 1949 Finance Act, 1932 No. 20 of 1932 Finance Act, 1941 No. 14 of 1941 Finance (Customs Duties) (No. 4) Act, 1931 No. 43 of 1931 Finance (Miscellaneous Provisions) Act, 1935 No. 7 of 1935 Finance Act, 1935 No. 28 of 1935 Finance (No. 2) Act, 1947 No. 33 of 1947 Finance Act, 1926 No. 35 of 1926 Finance Act, 1948 No. 12 of 1948 Finance Act, 1933 No. 15 of 1933 Finance Act, 1940 No. 14 of 1940 Finance Act, 1934 No. 31 of 1934 Finance Act, 1950 No. 18 of 1950 Finance Act, 1937 No. 18 of 1937 Number 14 of 1952.

FINANCE ACT, 1952.

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 [2nd July, 1952].

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Income Tax.

Income tax and sur-tax for the year 1952–53.

1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1952, at the rate of seven shillings and six pence in the pound.

Alteration of earned income allowance and of allowance from total income (person aged sixty-five or upwards).

2.—(1) The following provision shall be substituted for section 16 of the Finance Act, 1920 , as amended by section 4 of the Finance Act, 1939 (No. 18 of 1939), that is to say:— “An individual who makes, in the manner prescribed by the Income Tax Acts, a claim in that behalf and makes a return in the prescribed form of his total income shall, for the purposes of ascertaining the amount of his assessable income for the purpose of income tax, be allowed a deduction from the amount of his earned income as estimated in accordance with the provisions of the Income Tax Acts of a sum equal to— (a) one-fourth of so much of that income as does not exceed eight hundred pounds; and (b) one-fifth of so much of that income as exceeds eight hundred pounds; but not exceeding, in the case of any individual, the sum of four hundred pounds.”

(2)

Section 4

of the Finance Act, 1951 (No. 15 of 1951), shall be construed and have effect as if— (a) “one-fourth” were substituted for “one-fifth” in paragraph (a) of subsection (1), and (b) “six hundred pounds” were substituted for “five hundred pounds” wherever the latter words occur in paragraphs (a) and (b) of subsection (1), and (c) a reference to subsection (1) of this section were substituted in subsection (2) for the reference to section 4 of the Finance Act, 1939 .

Deduction in respect of dependent relative—increase of income limit of relative.

3.—Subsection (1) of section 22 of the Finance Act, 1920 , as amended by section 5 of the Finance Act, 1944 (No. 18 of 1944), and section 7 of the Finance Act, 1949 (No. 13 of 1949), is hereby further amended by the substitution of “whose total income from all sources does not exceed eighty pounds a year” for “whose total income from all sources does not exceed fifty pounds a year”.

Alteration of reduced rate relief and consequential amendment of section 32 of Income Tax Act, 1918.

4.—(1) The following provision shall be substituted for section 23 of the Finance Act, 1920 , as amended by subsection (4) of section 3 of the Finance Act, 1932 (No. 20 of 1932), that is to say:— “An individual who makes, in the manner prescribed by the Income Tax Acts, a claim in that behalf and makes a return in the prescribed form of his total income shall be entitled to be charged at two-fifths of the standard rate of tax on the first one hundred pounds of his taxable income and at four-fifths of the standard rate of tax on the next one hundred pounds of that income.”

Cesser of section 2 of Finance Act, 1941.

5.—

Section 2

of the Finance Act, 1941 (No. 14 of 1941), shall, notwithstanding subsection (2) thereof, not apply to the year beginning on the 6th day of April, 1952, or to any subsequent year.

PART II.

Customs and Excise.

Mineral hydrocarbon light oil.

6.—(1) The duty of customs imposed by section 1 of the Finance (Customs Duties) (No. 4) Act, 1931 (No. 43 of 1931), as amended by subsequent enactments, shall, in respect of mineral hydrocarbon light oil chargeable with that duty, be charged, levied and paid— (a) during the period beginning on the 3rd day of April, 1952, and ending on the 16th day of April, 1952, at the rate of one shilling and eight pence the gallon in lieu of the rate now chargeable by virtue of subsection (1) of section 7 of the Finance Act, 1951 (No. 15 of 1951), and (b) as on and from the 17th day of April, 1952, at the rate of one shilling and nine and one half pence the gallon in lieu of the rate specified in paragraph (a) of this subsection.

Hydrocarbon oil.

7.—(1) The duty of customs imposed by section 21 of the Finance Act, 1935 (No. 28 of 1935), shall, in respect of hydrocarbon oil, chargeable with that duty, be charged, levied and paid, as on and from the 3rd day of April, 1952, at the rate of one shilling and eight pence the gallon in lieu of the rate now chargeable by virtue of subsection (1) of section 8 of the Finance Act, 1951 (No. 15 of 1951).

Spirits.

8.—(1) The Finance Act, 1920 , as amended by section 6 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), shall, as on and from the 3rd day of April, 1952, be amended by the substitution in Part I of the First Schedule to the said Finance Act, 1920 , of the matter set out in the First Schedule to this Act for the matter inserted therein by the said section 6, and subsection (1) of section 3 of the said Finance Act, 1920, shall have effect accordingly.

Beer—customs duties.

9.—(1) In lieu of the duties of customs imposed by subsection (1) of section 9 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), as amended by section 6 of the Finance Act, 1948 (No. 12 of 1948), there shall, as on and from the 3rd day of April, 1952, be charged, levied and paid on all mum, spruce or black beer, Berlin white beer and other preparations (whether fermented or not fermented) of a similar character imported into the State, a duty of customs at the following rates, that is to say: (a) for every thirty-six gallons of beer of which the worts are, or were before fermentation, of a specific gravity not exceeding one thousand two hundred and fifteen degrees, thirty-eight pounds, fourteen shillings; (b) for every thirty-six gallons of beer of which the worts are, or were before fermentation, of a specific gravity exceeding one thousand two hundred and fifteen degrees, forty-five pounds, eight shillings.

(5)

Section 24

of the Finance Act, 1933 (No. 15 of 1933), shall not apply or have effect in relation to either of the duties of customs imposed by this section.

Beer—excise duties.

10.—(1) In lieu of the duty of excise imposed by section 10 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), as amended by section 7 of the Finance Act, 1948 (No. 12 of 1948), there shall be charged, levied and paid on all beer brewed within the State on or after the 3rd day of April, 1952, a duty of excise at the rate of nine pounds, thirteen shillings for every thirty-six gallons of worts of a specific gravity of one thousand and fifty-five degrees.

Increase of rebate on beer brewed from home malted cereals.

11.—

Section 41

of the Finance Act, 1932 (No. 20 of 1932), as amended by section 15 of the Finance Act, 1940 (No. 14 of 1940), shall have effect in relation to beer brewed in the year beginning on the 1st day of July, 1951, and in relation to beer brewed in any year beginning on any subsequent 1st day of July as if the reference now contained in that section, as so amended, to a rate of ten shillings per standard barrel were a reference to a rate of one pound ten shillings per standard barrel.

Tobacco.

12.—(1) The duty of customs on tobacco imposed by section 20 of the Finance Act, 1932 (No. 20 of 1932), shall, as on and from the 3rd day of April, 1952, be charged, levied and paid at the several rates specified in Part I of the Second Schedule to this Act in lieu of the several rates at which the said duty is now chargeable by virtue of section 8 of the Finance Act, 1948 (No. 12 of 1948).

Tobacco (excise duty on certain stocks).

13.—(1) Subject to the provisions of subsection (2) of this section, there shall be charged, levied and paid on all stocks of tobacco of every description which at five o'clock in the afternoon of the 2nd day of April, 1952, are in the ownership or possession of a licensed manufacturer of tobacco and in any place in the State other than a bonded warehouse, a duty of excise, payable by the manufacturer, at the following rate, that is to say: (a) so far as the stocks consist of unmanufactured tobacco, eleven shillings for every pound weight of the stocks, and (b) so far as the stocks consist of tobacco (including snuff) other than unmanufactured tobacco, eleven shillings for every pound weight of unmanufactured tobacco from which, in the opinion of the Revenue Commissioners, the stocks were derived.

Provided that no tobacco shall be deemed for the purposes of this subsection to have been fully prepared for sale by retail if, according to the ordinary course of business of the person in whose ownership or possession it was or to whom it was in transit, it had still to be subjected to some further process (other than packing) before being sold by him.

Termination of entertainments duty in respect of ball or dance.

14.—(1) On and after the 1st day of August, 1952, the excise duty referred to as entertainments duty in and chargeable under section 1 of the Finance (New Duties) Act, 1916, as amended by subsequent enactments shall not be charged or levied on payments for admission to any ball or dance.

Valuation of imported goods.

15.—(1) (a) For the purpose of any enactment (whether contained in an Act or an Order) for the time being in force under which a duty of customs is chargeable on goods by reference to their value, the value of any imported goods shall, whether it is or is not otherwise specifically provided, be that laid down in the Third Schedule to this Act, and duty shall be paid on that value:

Provided that, in the case of goods imported under a contract of sale and entered for home consumption, duty shall be deemed to have been paid on that value if, before the goods are delivered for home consumption, duty is tendered and accepted on a declared value based on the contract price. (b) The value of any imported goods which it is otherwise necessary to value for the purpose of any enactment (whether contained in an Act or an Order) for the time being in force relating to the customs shall, unless it is otherwise specifically provided, also be that laid down in the Third Schedule to this Act.

Release of imported goods.

16.—(1) Where it is impracticable immediately to ascertain whether any or what duty of customs is payable in respect of any imported goods which are entered for home use, whether on importation or from warehouse, the Revenue Commissioners may, if they think fit, allow the goods to be delivered without payment of duty upon the giving by the importer or his agent of security for payment of the duty by deposit of money or otherwise to their satisfaction.

Provided that where no amount has been deposited under subsection (1) of this section or the amount deposited thereunder is less than the amount specified in the notice, it shall not be competent for proceedings to be commenced in accordance with the said section 30 to ascertain whether any or what duty is payable on the goods until the amount specified in the notice, or the difference between that amount and the amount so deposited, as the case may be, has been paid, and no interest shall be allowed under the said section 31 in respect of any period before the said amount or the said difference, as the case may be, is paid.

PART III.

Death Duties.

Amendment of section 33 of Finance Act, 1935.

17.—Where the person referred to in subsection (1) of section 33 of the Finance Act, 1935 (No. 28 of 1935), as amended by section 16 of the Finance Act, 1937 (No. 18 of 1937), as the deceased dies on or after the day on which this Act is passed, the restrictions imposed by the said section 33 as so amended on the payment by a banker to the survivor or all or any of the survivors of such deceased or to any other person shall not apply where the sum lodged or deposited does not exceed five hundred pounds, and accordingly the said section 33 as so amended shall in its application to any such deceased have effect as if in subsection (1) thereof “five hundred pounds” were substituted for “one hundred pounds.”

PART IV.

Stamp Duties.

Amendment of section 13 (4) of Finance (No. 2) Act, 1947.

18.—(1) Subsection (4) of section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), shall have effect and be deemed always to have had effect as if the word “or” were not contained therein at the end of paragraph (e) and the following paragraphs were contained therein after paragraph (f): “(g) a body corporate not having a share capital incorporated in the State after the 15th day of October, 1947, where— (i) a majority (or, in the case of such a body corporate incorporated by Act of the Oireachtas, at least one-half) of the members of the body corporate is composed of persons each of whom is within one of paragraphs (a) to (f) of this subsection, and (ii) a majority (or, in the case of such a body corporate incorporated by Act of the Oireachtas, at least one-half) of the persons exercising control and management of the body corporate is composed as aforesaid, or (h) a body corporate incorporated in the State after the 15th day of October, 1947, where the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within one of paragraphs (a) to (g) of this subsection.”

Conveyance or transfer on sale—limit on stamp duty in the case of certain transactions between bodies corporate.

19.—(1) (a) Subject to paragraph (b) of this subsection, this section applies to every instrument which is chargeable with stamp duty under or by reference to the heading “Conveyance or transfer on sale” in the First Schedule to the Stamp Act, 1891, and which is made for the purposes of or in connection with the conveyance or transfer of property from one body corporate (in this subsection referred to as the transferor) to another body corporate (in this subsection referred to as the transferee). (b) This section shall not apply to an instrument such as aforesaid unless it is shown to the satisfaction of the Revenue Commissioners that— (i) the transferor and the transferee are each within one of paragraphs (c), (d), (e), (f) and (h) of subsection (4) of section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), as amended by section 18 of this Act, (ii) immediately before the execution of the instrument, the transferor was entitled to the entire beneficial interest in the relevant property, (iii) the entire beneficial interest in the relevant property becomes vested in the transferee, (iv) the transferor is the beneficial owner of not less than ninety per cent. of the issued share capital of the transferee, and (v) the conveyance or transfer is not made in pursuance of an arrangement whereunder, whether directly or indirectly, the transferor will no longer be the beneficial owner of not less than ninety per cent, of the issued share capital of the transferee.

Amendment of section 13 (6) (b) of Finance (No. 2) Act, 1947.

20.—Paragraph (b) of subsection (6) of section 13 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), is hereby amended by the insertion of “parent, grand-parent, step-parent, husband or wife, brother or sister of a parent or” after “as a lineal descendant,” and by the insertion of “parent, husband or wife or” after “lineal descendant of a”.

Restriction of application of section 13 of Finance (No. 2) Act, 1947.

21.—(1)

Section 13

of the Finance (No. 2) Act, 1947 (No. 33 of 1947), shall not apply to a conveyance or transfer on sale of lands, tenements and hereditaments where the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest therein, each of them) is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property in one or other of the following ways, that is to say, as a lineal descendant, parent, grand-parent, step-parent, husband or wife, brother or sister of a parent or brother or sister, or lineal descendant of a parent, husband or wife or brother or sister, and the instrument contains a certificate to that effect by the party to whom the property is being conveyed or transferred.

Amendment of section 24 (4) of Finance Act, 1949.

22.—(1) Subsection (4) of section 24 of the Finance Act, 1949 (No. 13 of 1949), shall have effect and be deemed always to have had effect as if the word “or” were not contained therein at the end of paragraph (e) and the following paragraphs were contained therein after paragraph (f): “(g) a body corporate not having a share capital incorporated in the State after the 15th day of October, 1947, where— (i) a majority (or, in the case of such a body corporate incorporated by Act of the Oireachtas, at least one-half) of the members of the body corporate is composed of persons each of whom is within one of paragraphs (a) to (f) of this subsection, and (ii) a majority (or, in the case of such a body corporate incorporated by Act of the Oireachtas, at least one-half) of the persons exercising control and management of the body corporate is composed as aforesaid, or (h) a body corporate incorporated in the State after the 15th day of October, 1947, where the issued shares of each class are, to an extent exceeding one-half (in nominal value) thereof, in the beneficial ownership of persons each of whom is within one of paragraphs (a) to (g) of this subsection.”

PART V.

Miscellaneous and General.

Capital Services Redemption Account.

23.—(1) In this section— “the principal section” means section 22 of the Finance Act, 1950 (No. 18 of 1950); “the amending section” means section 22 of the Finance Act, 1951 (No. 15 of 1951); “the second 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.

24.—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.

25.—(1) This Act may be cited as the Finance Act, 1952.

(2)

Part I

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

(3)

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 Statutes which relate to the duties of excise and the management of those duties.

(4)

Part IV

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

(5)

Part I

of this Act shall be deemed to come into force on and shall take effect as on and from the 6th day of April, 1952.

FIRST SCHEDULE.

Spirits (Rates of Ordinary Customs Duty).

Section 8.

Description of Spirits Preferential Rates Full Rates In Cask In Bottle In Cask In Bottle £ s. d. £ s. d. £ s. d. £ s. d.

For every gallon computed at proof of:— Brandy or rum 8 16 4 8 17 4 8 18 10 8 19 10 Imitation rum or geneva 8 16 5 8 17 5 8 18 11 8 19 11 Unsweetened spirits other than those already enumerated 8 16 5 8 16 5 8 18 11 8 18 11 For every gallon of perfumed spirits 14 1 7 14 2 7 14 5 7 14 6 7 For every gallon of liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested — 11 18 11 — 12 2 3 For every gallon computed at proof of spirits of any description not heretofore mentioned including naphtha and methylic alcohol purified so as to be potable, and mixtures and preparations containing spirit 8 16 5 8 17 5 8 18 11 8 19 11 SECOND SCHEDULE.

Duties on Tobacco.

Section 12.

Part I.

Customs. £ s. d.

Unmanufactured:— If Stripped or Stemmed:— Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb.

1 14 10½ Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ”

1 18 9½ If Unstripped or Unstemmed:— Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof ”

1 14 10 Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ”

1 18 9 Full Preferential £ s. d. £ s. d.

Manufactured:— Cigars the lb.

2 5 0 1 17 6 Cigarettes ”

2 4 6 1 17 1 Cavendish or Negrohead ”

2 4 0 1 16 8 Cavendish or Negrohead Manufactured in Bond ”

2 3 6 1 16 3 Other Manufactured Tobacco ”

2 3 6 1 16 3 Snuff containing more than 13 lbs. of moisture in every 100 lbs. weight thereof ”

2 2 0 1 15 0 Snuff not containing more than 13 lbs. of moisture in every 100 lbs. weight thereof ”

2 4 0 1 16 8

Part II.

Excise. £ s. d.

Unmanufactured:— Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb.

1 12 2½ Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ”

1 15 9 Manufactured:— Cavendish or Negrohead Manufactured in Bond ”

1 16 3 THIRD SCHEDULE.

Value of Imported Goods.

Section 15.

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