Finance Act, 1948
What is this act about?
This law, the Finance Act, 1948, is about charging and imposing various taxes and duties, and amending existing laws related to these financial matters. It also includes other provisions connected with finance.
Who it applies to: Individuals liable for income tax and sur-tax; Importers and manufacturers of goods subject to customs and excise duties (e.g., oils, wine, beer, tobacco, sugar confectionery).
At a glance
- Country
- Ireland
- Area of law
- Tax law
- Articles
- 19
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- Income tax and sur-tax for the year 1948–49.
- Customs and excise duties on various goods like mineral hydrocarbon light oils, hydrocarbon oil, wine, and beer.
- Stamp duties, including exemptions for Ministers of State and customs bonds for airborne goods.
- Miscellaneous financial provisions such as the transfer of money from the Road Fund to the Exchequer and interest on Post Office Savings Bank deposits.
Who does this act apply to?
- Individuals liable for income tax and sur-tax.
- Importers and manufacturers of goods subject to customs and excise duties (e.g., oils, wine, beer, tobacco, sugar confectionery).
What are the key points?
- Income tax for the year beginning April 6, 1948, is charged at seven shillings in the pound.
- Sur-tax for the same year applies to individual incomes exceeding one thousand five hundred pounds, at the same rates as the previous year.
- Customs duty on mineral hydrocarbon light oils is one shilling and two pence the gallon from May 5, 1948.
- Customs duties on wine vary by proof spirit, ranging from 0 pounds 7 shillings 6 pence per gallon for wine not exceeding 25 degrees of proof spirit, up to 1 pound 10 shillings 0 pence per gallon for wine exceeding 30 but not exceeding 42 degrees of proof spirit, with additional duties for sparkling or bottled wine.
Tax law
Legal text
Legal text
Finance Act, 1948 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 1948 Finance Act, 1948 Finance Act, 1948 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 12 of 1948.
FINANCE ACT, 1948.
ARRANGEMENT OF SECTIONS
Part I.
Income Tax.
Section
Section 1
Income tax and sur-tax for the year 1948–49.
Section 2
Confirmation of agreement on double taxation.
Part II.
Customs and Excise.
Section 3
Mineral hydrocarbon light oils.
Section 4
Hydrocarbon oil.
Section 5
Wine.
Section 6
Beer—customs duties.
Section 7
Beer—excise duties.
Section 8
Tobacco.
Section 9
Sugar confectionery—licensing provision.
Section 10
Entertainments duty.
Part III.
Stamp Duties.
Section 11
Exemption from stamp duties of Ministers of State.
Section 12
Exemption for customs bonds in relation to airborne goods.
Part IV.
Miscellaneous and General.
Section 13
Transfer of money from the Road Fund to the Exchequer.
Section 14
Interest on deposits in Post Office Savings Bank.
Section 15
Transition Development Fund.
Section 16
Repeals.
Section 17
Orders to cease to have effect.
Section 18
Care and management of taxes and duties.
Section 19
Short title, construction and commencement.
FIRST SCHEDULE.
SECOND SCHEDULE.
Part I.
Customs.
Part II.
Excise.
THIRD SCHEDULE.
Enactments repealed.
FOURTH SCHEDULE.
Orders ceasing to have effect.
Acts Referred to Finance Act, 1926 No. 35 of 1926 Finance Act, 1928 No. 11 of 1928 Finance (Customs Duties) (No. 4) Act, 1931 No. 43 of 1931 Finance Act, 1946 No. 15 of 1946 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, 1933 No. 15 of 1933 Finance Act, 1932 No. 20 of 1932 Finance Act, 1934 No. 31 of 1934 Finance Act, 1940 No. 14 of 1940 Finance (Customs Duties) (No. 2) Act, 1932 No. 11 of 1932 Finance (Agreement with United Kingdom) Act, 1938 No. 12 of 1938 Finance Act, 1931 No. 31 of 1931 Finance Act, 1936 No. 31 of 1936 Finance Act, 1947 No. 15 of 1947 Emergency Imposition of Duties (No. 229) Order, 1948 S.I. No. 52 of 1948 Emergency Imposition of Duties (No. 230) Order, 1948 S.I. No. 68 of 1948 Emergency Imposition of Duties (No. 231) Order, 1948 S.I. No. 69 of 1948 Emergency Imposition of Duties (No. 232) Order, 1948 S.I. No. 70 of 1948 Number 12 of 1948.
FINANCE ACT, 1948.
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. [7th July, 1948.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I.
Income Tax.
Income tax and sur-tax for the year 1948–49.
1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1948, at the rate of seven shillings in the pound.
Confirmation of agreement on double taxation.
2.—The agreement, set forth in the First Schedule to this Act, made on the 21st day of July, 1947, between the Government and the United Kingdom Government amending the agreement set out in
Part I of the First Schedule to the
Finance Act, 1926 (No. 35 of 1926), (as amended by the agreement set out in the First Schedule to the Finance Act, 1928 (No. 11 of 1928)) is hereby confirmed and, subject to confirmation by the United Kingdom Parliament, shall have effect accordingly.
PART II.
Customs and Excise.
Mineral hydrocarbon light oils.
3.—(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 as on and from the 5th day of May, 1948, at the rate of one shilling and two pence the gallon in lieu of the rate now chargeable by virtue of subsection (1) of section 10 of the Finance Act, 1946 (No. 15 of 1946).
Hydrocarbon oil.
4.—(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 5th day of May, 1948, at the rate of one shilling and two pence the gallon in lieu of the rate now chargeable by virtue of subsection (1) of section 11 of the Finance Act, 1946 (No. 15 of 1946).
Wine.
5.—(1) In lieu of the customs duties on wine imposed by section 5 of the Finance (No. 2) Act, 1947 (No. 33 of 1947), there shall (subject to the provisions of this section) be charged, levied and paid as on and from the 5th day of May, 1948, the following customs duties on all wine imported into the State, that is to say:— Wine— £ s. d.
Not exceeding 25 degrees of proof spirit, the gallon 0 7 6 Exceeding 25 but not exceeding 30 degrees of proof spirit, the gallon 0 12 6 Exceeding 30 but not exceeding 42 degrees of proof spirit, the gallon 1 10 0 And for every degree or fraction of a degree beyond the highest above charged, an additional duty, the gallon 0 2 6 Sparkling wine in bottle, an additional duty, the gallon 1 11 3 Still wine not exceeding 25 degrees of proof spirit in bottle, an additional duty, the gallon 0 5 0 Still wine exceeding 25 degrees of proof spirit in bottle, an additional duty, the gallon 0 10 0
(4)
Section 24
of the Finance Act, 1933 (No. 15 of 1933), shall not apply or have effect in relation to the customs duties imposed by this section.
Beer—customs duties.
6.—(1) In this section, the expression “the Act of 1947” means the Finance (No. 2) Act, 1947 (No. 33 of 1947).
(6)
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 to which this section refers.
Beer—excise duties.
7.—(1) In this section the expression “the Act of 1947” means the Finance (No. 2) Act, 1947 (No. 33 of 1947).
Tobacco.
8.—(1) The duty of customs imposed by section 20 of the Finance Act, 1932 (No. 20 of 1932), shall, in respect of tobacco imported on or after the 5th day of March, 1948, be charged, levied and paid at the several rates specified in Part I of the Second Schedule to this Act.
Part II
of the Second Schedule to this Act.
Sugar confectionery—licensing provision.
9.—Whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce, so thinks proper, the Revenue Commissioners may by licence authorise any particular person, subject to compliance with such conditions as they may think fit to impose, to import without payment of the duty imposed by section 12 of the Finance (Customs Duties) (No. 2) Act, 1932 (No. 11 of 1932), as amended by subsequent enactments (being a duty on sugar confectionery) any articles chargeable therewith or, in the case of any such articles already imported, to take delivery thereof without payment of the said duty either, as the Revenue Commissioners shall think proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity, but so that no such licence shall be exempt from the provisions of section 15 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938).
Entertainments duty.
10.—(1) In this section— the expression “the Act of 1916” means the Finance (New Duties) Act, 1916 , as amended by subsequent enactments, including this section; the expression “entertainments duty” means the excise duty referred to by that name in, and chargeable under, section 1 of the Act of 1916; the expression “personal performance” means an entertainment the performers in which are personally present and performing and which consists of one or more of the following matters, that is to say:— (a) a dramatic performance, (b) a musical concert, whether vocal or instrumental or both vocal and instrumental, (c) a number of variety items or turns such as are ordinarily given in a music-hall; the expression “cinematographic exhibition” means an entertainment which consists of an exhibition of moving pictures or other optical effects produced by means of a cinematograph or similar apparatus, whether accompanied or not accompanied by vocal or other sounds produced by mechanical means; the expression “patent theatre” means a theatre in respect of which letters patent have been issued and are in force under the pre-union Irish Statute passed in the year 1786 and entitled “An Act for Regulating the Stage in the City and County of Dublin”; the expression “the operative date” means the 1st day of June, 1948.
0 4½ ” ”
0 6 0 2 ”
0 6 ” ”
0 8 0 3 ”
0 8 ” ”
0 11½ 0 4½ ”
0 11½ ” ”
1 3½ 0 6½ ”
1 3½ ” ”
1 9 0 9 ”
1 9 ” ”
2 4½ 1 1½ ”
2 4½ ” ”
3 0 1 6 ”
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4 0 2 0 ”
4 0 2 0 for the first 4s. and 2s. for every additional 4s. or part of 4s.
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0 6 0 2 ”
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0 7 0 3 ”
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0 8 0 4 ”
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0 10 0 5 ”
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1 0½ 0 7½ ”
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1 4 0 10 ”
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1 6 1 0 ”
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1 9 1 3 ”
1 9 ” ”
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2 10½ 2 1½ ”
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4 0 3 0 ”
4 0 3 0 for the first 4s. and 3s. for every additional 4s. or part of 4s.
PART III.
Stamp Duties.
Exemption from stamp duties of Ministers of State.
11.—No stamp duty shall be chargeable or payable on any agreement, conveyance, lease, assignment, memorial or other instrument (including an instrument executed but not stamped before the passing of this Act) made for the purposes of or in connection with the acquisition of land or any interest in, or right to or over, land by a Minister of State.
Exemption for customs bonds in relation to airborne goods.
12.—It is hereby declared that, in the heading “Bond given pursuant to the directions of any Act, etc.” in the First Schedule to the Stamp Act, 1891, and in subsection (1) of section 5 of the Finance Act, 1905 (which extends the exemption under that heading), references to shipping include references to lading on an aircraft.
PART IV.
Miscellaneous and General.
Transfer of money from the Road Fund to the Exchequer.
13.—With a view to providing moneys to meet general charges which will fall upon the Central Fund, the sum of three hundred thousand pounds shall be transferred and paid from the Road Fund to the Exchequer at such time or times in the financial year ending on the 31st day of March, 1949, and in such manner as the Minister for Finance shall direct.
Interest on deposits in Post Office Savings Bank.
14.—(1) In this section, the word “deposit” means the total amount for the time being standing to the credit of a depositor's account in the Post Office Savings Bank, but does not include moneys standing to the credit of a trustee savings bank in the name of the Minister for Finance in the Post Office Savings Bank.
Transition Development Fund.
15.—The latest date for winding-up the Transition Development Fund shall be the 31st day of March, 1949, in lieu of the date, the 31st day of December, 1948, stipulated in subsection (4) of section 30 of the Finance Act, 1946 (No. 15 of 1946).
Repeals.
16.—Each enactment specified in column (2) of the Third Schedule to this Act is hereby repealed to the extent specified in column (3) as on and from the date mentioned in column (4).
Orders to cease to have effect.
17.—Each order specified in column (2) of the Fourth Schedule to this Act shall cease to have effect on the date mentioned in column (3).
Care and management of taxes and duties.
18.—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.
19.—(1) This Act may be cited as the Finance Act, 1948.
(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 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, 1948.
FIRST SCHEDULE.
Section 2
AGREEMENT between the Irish Government and the United Kingdom Government amending the Agreement of 1926 (as amended by the Agreement of 1928) in respect of Double Income Tax.
With a view to making such alterations in the Agreement dated the 14th April, 1926 (as amended by the Agreement dated the 25th April, 1928), made between the Government of the Irish Free State and the British Government in respect of Double Income Tax as may be necessary in consequence of the alterations in the British Income Tax Acts effected by section 52 of the British Finance (No. 2) Act, 1945, it is hereby agreed between the Irish Government and the United Kingdom Government that the said Agreement (as amended as aforesaid) shall be further amended as follows:— 1. In Article 1 (a) of the said Agreement, the words “British income tax” shall, as regards any dividend in respect of which relief or repayment in respect of the tax deducted or authorised to be deducted therefrom is restricted by section 52 (2) (a) of the British Finance (No. 2) Act, 1945, to “the net United Kingdom rate” therein referred to, be construed as meaning British income tax at the said net United Kingdom rate applicable to such dividend for the purposes of the said Section.
Done in duplicate the 21st day of July, 1947. (Signed), (Signed), For the Irish Government, For the United Kingdom Government, PROINSIAS MAC AOGÁIN, Minister for Finance.
HUGH DALTON, Chancellor of the Exchequer.
SECOND SCHEDULE.
Duties on Tobacco.
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 3 10½ Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof the lb.
1 6 6½ If Unstripped or Unstemmed:— Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb.
1 3 10 Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof the lb.
1 6 6 Full Preferential £ s. d. £ s. d.
Manufactured:— Cigars the lb.
1 18 0 1 11 8 Cigarettes ”
1 16 7 1 10 5⅚ Cavendish or Negrohead ”
1 14 11 1 9 1⅙ Cavendish or Negrohead Manufactured in Bond ”
1 10 3 1 5 2½ Other Manufactured Tobacco ”
1 10 3 1 5 2½ Snuff containing more than 13 lbs. of moisture in every 100 lbs. weight thereof ”
1 8 9 1 3 1½ Snuff not containing more than 13 lbs. of moisture in every 100 lbs. weight thereof ”
1 14 11 1 9 1⅙
Part II.
Excise. £ s. d.
Unmanufactured:— Containing 10 lbs. or more of moisture in every 100 lbs. weight thereof the lb.
1 2 9 Containing less than 10 lbs. of moisture in every 100 lbs. weight thereof ”
1 5 3 Manufactured:— Cavendish or Negrohead Manufactured in Bond ”
1 9 6 THIRD SCHEDULE.
Enactments Repealed.
Number and Year Short Title Extent of Repeal Date of Repeal
(1)
(2)
(3)
Section 22
The 1st day of June, 1948.
No. 20 of 1932 Finance Act, 1932 Subsections (5) and (6) of section 25 .
The 1st day of June, 1948.
No. 28 of 1935 Finance Act, 1935
Section 24
The 1st day of June, 1948.
No. 31 of 1936 Finance Act, 1936
Section 11
The 1st day of June, 1948.
No. 15 of 1946 Finance Act, 1946
Section 28
The 1st day of July, 1948.
No. 15 of 1947 Finance Act, 1947
Section 10
The 1st day of June, 1948.
No. 33 of 1947 Finance (No. 2) Act, 1947 .
Section 8
The 1st day of June, 1948.
FOURTH SCHEDULE.
Orders Ceasing to Have Effect.
Section 17
Number and Year Short Title Date of Cessation S.I. No. 52 of 1948 Emergency Imposition of Duties (No. 229) Order, 1948.
The date of the passing of this Act.
S.I. No. 68 of 1948 Emergency Imposition of Duties (No. 230) Order, 1948.
The date of the passing of this Act.
S.I. No. 69 of 1948 Emergency Imposition of Duties (No. 231) Order, 1948.
The date of the passing of this Act.
S.I. No. 70 of 1948 Emergency Imposition of Duties (No. 232) Order, 1948.
The 1st day of June, 1948.
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