📄 Legal text
Finance Act 2015
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
2015
Finance Act 2015
Finance Act 2015
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
Open PDFOscail PDF
Print Full ActPriontáil an tAcht Iomlán
Number 52 of 2015
FINANCE ACT 2015
CONTENTS
PART 1
Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax
Chapter 1
Interpretation
Section
1. Interpretation (Part 1)
Chapter 2
Universal Social Charge
2. Amendment of Part 18D of Principal Act (universal social charge)
Chapter 3
Income Tax
3. Earned income tax credit
4. Amendment of section 466A of Principal Act (home carer tax credit)
5. Amendment of section 192A of Principal Act (exemption in respect of certain payments under employment law)
6. Exemption in respect of certain expense payments for relevant directors
7. Exemption in respect of certain expenses of State Examinations Commission examiners
8. Amendment of section 470 of Principal Act (relief for insurance against expenses of illness)
9. Amendment of section 477B of Principal Act (home renovation incentive)
10. Professional services withholding tax
11. Granting of vouchers
12. Amendment of section 372AP of Principal Act (relief for lessors)
13. Amendment of section 959B of Principal Act (supplemental interpretation provisions)
14. Amendment of Schedule 25B to Principal Act (list of specified reliefs and method of determining amount of specified relief used in a tax year)
Chapter 4
Income Tax, Corporation Tax and Capital Gains Tax
15. Amendment of section 97 of Principal Act (computational rules and allowable deductions)
16. Amendment of section 256 of Principal Act (interpretation (Chapter 4))
17. Amendment of section 481 (relief for investment in films) and section 851A (confidentiality of taxpayer information) of Principal Act
18. Income tax relief for investment in corporate trades - employment and investment incentive and seed capital scheme
19. Farming and market gardening
20. Petroleum production tax
21. Amendment of Chapter 1 of Part 33 of Principal Act (anti-avoidance)
22. Amendment of Schedule 2 to Principal Act (machinery for assessment, charge and payment of tax under Schedule C and, in certain cases, Schedule D)
23. Amendment of section 730E of Principal Act (declarations)
24. Charities Regulatory Authority and Common Investment Fund
25. Amendment of Part 18 of Principal Act (payments in respect of professional services by certain persons and payments to subcontractors in certain industries)
26. Amendment of Part 27 of Principal Act (unit trusts and offshore funds)
27. Industrial building allowances: aviation services facilities
28. Amendment of section 1035A of Principal Act (relieving provision to section 1035)
29. Amendment of Part 36 of Principal Act (miscellaneous special provisions)
Chapter 5
Corporation Tax
30. Amendment of section 486C of Principal Act (relief from tax for certain start-up companies)
31. Amendment of section 765 of Principal Act (allowances for capital expenditure on scientific research)
32. Amendment of Part 29 of Principal Act (patents, scientific and certain other research, know-how and certain training)
33. Country-by-country reporting
34. Amendment of section 831 of Principal Act (implementation of Council Directive No. 90/435/EEC concerning the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States)
Chapter 6
Capital Gains Tax
35. Entrepreneur relief
36. Amendment of section 29 of Principal Act (persons chargeable)
37. Amendment of section 541B of Principal Act (restrictive covenants)
38. Amendment of section 542 of Principal Act (time of disposal and acquisition)
39. Amendment of section 590 of Principal Act (attribution to participators of chargeable gains accruing to non-resident company)
40. Amendment of Part 20 of Principal Act (companies’ chargeable gains)
41. Amendment of section 615 of Principal Act (company reconstruction or amalgamation: transfer of assets)
42. Amendment of section 980 of Principal Act (deduction from consideration on disposal of certain assets)
PART 2
Excise
43. Amendment of Chapter 1 of Part 2 of Finance Act 2003 (alcohol products tax)
44. Amendment of Chapter 4 of Part 2 of Finance Act 2001 (powers of officers)
45. Rates of tobacco products tax
46. Amendment of section 99 of Finance Act 2001 (liability of persons)
47. Amendment of section 109 of Finance Act 2001 (authorisation of warehousekeepers and approval of tax warehouses)
48. Amendment of section 130 of Finance Act 1992 (interpretation)
49. Amendment of section 135D of Finance Act 1992 (repayment of amounts of vehicle registration tax on export of certain vehicles)
50. Amendment of section 141 of Finance Act 1992 (regulations)
PART 3
Value-Added Tax
51. Interpretation (Part 3)
52. Supplies of gas, electricity, gas certificates and electricity certificates - reverse charge
53. Adjustments to returns
54. Exempted education activities
55. Amendment of section 64 of Principal Act (capital goods scheme)
56. Amendment of section 65 of Principal Act (registration)
57. Amendment of section 87 of Principal Act (margin scheme - taxable dealers)
58. Cancellation of a registration number - special provisions for notification and publication
59. Amendment of section 110 of Principal Act (estimation of tax due)
60. Amendment of Schedule 1 to Principal Act (exempt activities)
PART 4
Stamp Duties
61. Interpretation (Part 4)
62. Amendment of Schedule 2B to Principal Act (qualifications for applying for relief from stamp duty in respect of transfers to young trained farmers)
63. Amendment of section 81AA of Principal Act (transfers to young trained farmers)
64. Amendment of section 123B of Principal Act (cash, combined and debit cards)
65. Amendment of section 124 of Principal Act (credit cards and charge cards)
PART 5
Capital Acquisitions Tax
66. Interpretation (Part 5)
67. Amendment of Schedule 2 to Principal Act (computation of tax)
PART 6
Miscellaneous
68. Interpretation (Part 6)
69. Tax treatment of return of value on certain shares where shareholders affected by postal delays
70. Marriage equality
71. Amendment of Chapter 3 of Part 33 of Principal Act (mandatory disclosure of certain transactions)
72. Amendment of section 851A of Principal Act (confidentiality of taxpayer information)
73. Amendment of section 886 of Principal Act (obligation to keep certain records)
74. Amendment of Part 38 of Principal Act (returns of income and gains, other obligations and returns, and Revenue powers)
75. Amendment of Chapter 4 of Part 38 of Principal Act (Revenue powers)
76. Amendment of section 888 of Principal Act (returns, etc. by lessors, lessees and agents)
77. Discharge of Revenue Commissioners’ and Collector-General’s functions
78. Amendment of section 1077E of Principal Act (penalty for deliberately or carelessly making incorrect returns, etc.)
79. Amendment of section 826 of Principal Act (agreements for relief from double taxation)
80. Amendment of Schedule 24A to Principal Act (arrangements made by the Government with the government of any territory outside the State in relation to affording relief from double taxation and exchanging information in relation to tax)
81. Fuel grant
82. Offences and penalties relating to fuel grant
83. Exemption in respect of fuel grant
84. Amendment of section 92 of Finance Act 1989
85. Exemption in respect of water conservation grant
86. Miscellaneous amendments of Principal Act in relation to authorisations granted under section 9A of Central Bank Act 1971
87. Amendment of section 54 of Finance Act 1970
88. Miscellaneous technical amendments in relation to tax
89. Care and management of taxes and duties
90. Short title, construction and commencement
SCHEDULE
Miscellaneous Amendments of Principal Act in relation to Authorisations granted under section 9A of Central Bank Act 1971
Acts Referred to
Animal Health and Welfare Act 2013
(No. 15)
Broadcasting Act 2009
(No. 18)
Building Control Act 1990
(No. 3)
Capital Acquisitions Tax Consolidation Act 2003
(No. 1)
Capital Gains Tax Acts
Central Bank Act 1971
(No. 24)
Charities Act 1961
(No. 17)
Civil Service Regulation Act 1956
(No. 46)
Companies Act 1990
(No. 33)
Copyright and Related Rights Act 2000
(No. 28)
Credit Union Acts 1997 to 2012
Education Act 1998
(No. 51)
Education and Training Boards Act 2013
(No. 11)
Finance (Local Property Tax) Act 2012
(No. 52)
Finance Act 1970
(No. 14)
Finance Act 1989
(No. 10)
Finance Act 1992
(No. 9)
Finance Act 2001
(No. 7)
Finance Act 2002
(No. 5)
Finance Act 2003
(No. 3)
Finance Act 2005
(No. 5)
Finance Act 2013
(No. 8)
Finance Act 2014
(No. 37)
Further Education and Training Act 2013
(No. 25)
Health (Nursing Homes) Act 1990
(No. 23)
Health Insurance Act 1994
(No. 16)
Housing (Miscellaneous Provisions) Act 1992
(No. 18)
Housing (Miscellaneous Provisions) Act 2009
(No. 22)
Housing (Miscellaneous Provisions) Act 2014
(No. 21)
Irish Collective Asset-management Vehicles Act 2015
(No. 2)
Partnership Act 1890
(53 & 54 Vict. c.39)
Patents Act 1992
(No. 1)
Plant Varieties (Proprietary Rights) Act 1980
(No. 24)
Post Office Savings Bank Act 1861
(24 Vict. c.14)
Qualifications and Quality Assurance (Education and Training) Act 2012
(No. 28)
Residential Tenancies Act 2004
(No. 27)
Social Welfare Consolidation Act 2005
(No. 26)
Stamp Duties Consolidation Act 1999
(No. 31)
Taxes Consolidation Act 1997
(No. 39)
Value-Added Tax Consolidation Act 2010
(No. 31)
Water Services Act 2014
(No. 44 of 2014)
Number 52 of 2015
FINANCE ACT 2015
An Act to provide for the imposition, repeal, remission, alteration and regulation of taxation, of stamp duties and of duties relating to excise and otherwise to make further provision in connection with finance including the regulation of customs.
[21 st December, 2015]
Be it enacted by the Oireachtas as follows:
PART 1
Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax
Chapter 1
Interpretation
Interpretation (Part 1)
1. In this Part “Principal Act” means the
Taxes Consolidation Act 1997
.
Chapter 2
Universal Social Charge
Amendment of Part 18D of Principal Act (universal social charge)
2. (1) Part 18D of the Principal Act is amended—
(a) in section 531AM—
(i) in paragraph (a) of the Table to subsection (1) —
(I) in subparagraph (IV), by substituting “Schedule 3,” for “Schedule 3, and”,
(II) in subparagraph (V), by substituting “782A(3), and” for “782A(3).”, and
(III) by inserting the following subparagraph after subparagraph (V):
“(VI) emoluments in the nature of a contribution by an employer to a PRSA (within the meaning of Chapter 2A of Part 30).”,
and
(ii) in subsection (2), by substituting “€13,000” for “€12,012”,
and
(b) in section 531AN—
(i) in subsection (3) by substituting—
(I)“€18,668” for “€17,576”, and
(II)“3 per cent” for “3.5 per cent”,
(ii) in subsection (3A)(a) by substituting “3 per cent” for “3.5 per cent”,
(iii) by inserting the following after subsection (4):
“(5) Subject to subsection (7), where relevant emoluments are paid on 31 December in a tax year or, if that year is a leap year, on 30 or 31 December in that year (referred to in this section as the ‘relevant date’) to an individual who is paid weekly or fortnightly, the part of aggregate income specified in column (1) of Part 1 or column (1) of Part 2, as appropriate, of the Table to this section shall be increased by—
(a) where the individual is paid weekly, one-fifty second of the amounts referred to in the appropriate column, and
(b) where the individual is paid fortnightly, one-twenty sixth of the amounts referred to in the appropriate column,
but where the relevant emoluments paid on the relevant date is less than the increase provided in paragraph (a) or (b), as appropriate, the increase in the part of the aggregate income shall be limited to the amount of the relevant emoluments.
(6) Where subsection (5) applies in respect of an individual, each amount of aggregate income referred to in subsections (1) and (3) and section 531AM(2) shall be increased by—
(a) where the individual is paid weekly, one-fifty second of the amount, and
(b) where the individual is paid fortnightly, one-twenty sixth of the amount,
but where the amount of the relevant emoluments paid on the relevant date is less than the increase provided in paragraph (a) or (b), as appropriate, the increase shall be limited to the amount of the relevant emoluments.
(7) Subsection (5) shall not apply where the normal day on which relevant emoluments are paid to an individual, who is paid weekly or fortnightly, during a tax year changes either during that year or the preceding year.”,
and
(iv) by substituting the following Table for the Table to that section:
“TABLE
PART 1
Part of aggregate income
Rate of universal social charge
(1)
(2)
The first €12,012
1 per cent
The next €6,656
3 per cent
The next €51,376
5.5 per cent
The remainder
8 per cent
PART 2
Part of aggregate income
Rate of universal social charge
(1)
(2)
The first €12,012
1 per cent
The remainder
3 per cent
”.
(2) (a) Subsection (1), other than subparagraph (iii) of paragraph (b), applies for the year of assessment 2016 and each subsequent year of assessment.
(b) Subsection (1)(b)(iii) applies for the year of assessment 2015 and each subsequent year of assessment.
Chapter 3
Income Tax
Earned income tax credit
3. (1) The Principal Act is amended by inserting the following after section 472AA:
“472AB. (1) In this section—
‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;
‘qualifying earned income’ means earned income but does not include emoluments within the meaning of section 472.
(2) Subject to subsection (3), where, for any year of assessment, a claimant proves that his or her total income for the year consists in whole or in part of qualifying earned income (including, in a case where the claimant is a married person assessed to tax in accordance with section 1017, or a civil partner assessed to tax in accordance with section 1031C, any qualifying earned income of the claimant’s spouse or civil partner deemed to be income of the claimant by either of those sections for the purposes referred to in the relevant section) the claimant shall be entitled to a tax credit (to be known as the ‘earned income tax credit’) of—
(a) where the qualifying earned income (but not including, in the case where the claimant is a married person or a civil partner so assessed, the qualifying earned income, if any, of the claimant’s spouse or civil partner, as the case may be) arises to the claimant, the lesser of an amount equal to the appropriate percentage of the qualifying earned income and €550, and
(b) where, in a case where the claimant is a married person or a civil partner so assessed, the qualifying earned income arises to the claimant’s spouse or civil partner, as the case may be, the lesser of an amount equal to the appropriate percentage of the qualifying earned income and €550.
(3) Where the claimant is entitled to—
(a) employee tax credit in accordance with subsection (4)(a) of section 472 and earned income tax credit under paragraph (a) of subsection (2), the aggregate of those tax credits shall not exceed €1,650, and
(b) employee tax credit in accordance with subsection (4)(b) of section 472 and earned income tax credit under paragraph (b) of subsection (2), the aggregate of those tax credits shall not exceed €1,650.”.
(2) Subsection (1) applies for the year of assessment 2016 and each subsequent year of assessment.
Amendment of section 466A of Principal Act (home carer tax credit)
4. (1) Section 466A of the Principal Act is amended—
(a) in subsection (2), by substituting “€1,000” for “€810”, and
(b) in subsection (6)(a), by substituting “€7,200” for “€5,080”.
(2) Subsection (1) applies for the year of assessment 2016 and each subsequent year of assessment.
Amendment of section 192A of Principal Act (exemption in respect of certain payments under employment law)
5. Section 192A(1) of the Principal Act is amended in the definition of “relevant authority” by substituting the following for paragraph (b):
“(b) the Director of the Equality Tribunal,
(ba) an adjudication officer of the Workplace Relations Commission,
(bb) the Workplace Relations Commission,
(bc) the District Court,”.
Exemption in respect of certain expense payments for relevant directors
6. The Principal Act is amended by inserting the following section after section 195A:
“Exemption in respect of certain expense payments for relevant directors
195B. (1) In this section—
‘company’ has the same meaning as it has in section 4;
‘director’ has the same meaning as it has in section 770;
‘expenses’ means vouched expenses;
‘relevant director’, in relation to a company, means a director who is not resident in the State and is a non-executive director of that company;
‘relevant meeting’ means a meeting attended by a relevant director in his or her capacity as a director for the purposes of the conduct of the affairs of the company;
‘travel’ means travel by car, motorcycle, taxi, bus, rail, boat or aircraft.
(2) This section applies to payments made by a company to or on behalf of a relevant director of that company in respect of expenses of travel and subsistence incurred by the relevant director, on and from 1 January 2016, solely for the purpose of the attendance by him or her at a relevant meeting.
(3) So much of a payment to which this section applies shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”.
Exemption in respect of certain expenses of State Examinations Commission examiners
7. The Principal Act is amended by inserting the following section after section 195B:
“Exemption in respect of certain expenses of State Examinations Commission examiners
195C. (1) In this section—
‘civil servant’ has the meaning assigned to it by the
Civil Service Regulation Act 1956
;
‘employee’ has the same meaning as in section 983;
‘examination purposes’ means:
(a) the development of examination papers or other examination materials;
(b) the marking of such papers or other such materials; or
(c) the carrying out of invigilator duties at an examination;
‘examination’ means any examination standing specified for the time being in Schedule 2 to the Education Act 1998;
‘examination paper’ includes any paper, plan, map, drawing, diagram, pictorial or graphic work or other document and any photograph, film or recording (whether of sound or images or both)—
(a) in which questions are set for answer by candidates as part of an examination or which are related to such questions, or
(b) in which projects or practical exercises are set which candidates are required to complete as part of an examination or which are related to such projects or exercises;
‘examiner’ means, other than a person employed as an Examinations and Assessment Manager, a person who is an employee of the relevant employer for examination purposes;
‘relevant employer’ means the State Examinations Commission;
‘travel’ means travel by car, motorcycle, taxi, bus or rail.
(2) This section applies to payments made by the relevant employer to or on behalf of an examiner in respect of expenses of travel and subsistence incurred by the examiner, on and from 1 January 2016, for examination purposes.
(3) So much of any payment to which this section applies, as does not exceed the upper of any relevant rate or rates laid down from time to time by the Minister for Public Expenditure and Reform in relation to the payment of expenses of travel and subsistence of a civil servant, shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”.
Amendment of section 470 of Principal Act (relief for insurance against expenses of illness)
8. (1) Section 470 of the Principal Act is amended in subsection (1) by substituting the following for the definition of “child”:
“ ‘child’ means an individual under the age of 21 years in respect of whom the payment under a relevant contract has been reduced in accordance with paragraph (a)(ii) or (b)(i)(I) of
section 7
(5) of the
Health Insurance Act 1994
;”.
(2) This section shall apply in respect of relevant contracts (within the meaning of section 470 of the Principal Act) entered into or renewed on or after 1 May 2015.
Amendment of section 477B of Principal Act (home renovation incentive)
9. Section 477B of the Principal Act is amended in subsection (2) —
(a) in paragraph (a) by substituting “2016” for “2015” in each place where it occurs, and
(b) in paragraph (d) —
(i) by substituting “2016” for “2015” in each place where it occurs, and
(ii) by substituting “2017” for “2016” in each place where it occurs.
Professional services withholding tax
10. (1) The definition of “professional services” in section 520(1) of the Principal Act is amended—
(a) in paragraph (d) by substituting “other legal services, and” for “other legal services,”,
(b) in paragraph (e) by substituting “geological services;” for “geological services, and”, and
(c) by deleting paragraph (f).
(2) Schedule 13 to the Principal Act is amended—
(a) by deleting paragraphs 24, 28, 100, 101, 103, 114, 121, 149 and 182,
(b) by inserting the following paragraph after paragraph 195:
“196. Irish Human Rights and Equality Commission.
197. Competition and Consumer Protection Commission.
198. Regulator of the National Lottery.
199. Shannon Group plc.
200. Charities Regulatory Authority.”,
and
(c) (i) in paragraph 35 by substituting “daa public limited company” for “Dublin Airport Authority public limited company”,
(ii) in paragraph 40 by substituting “Ervia” for “Bord Gáis Éireann”,
(iii) in paragraph 82 by substituting “The Pensions Authority” for “The Pensions Board”, and
(iv) in paragraph 148 by substituting “Health Products Regulatory Authority” for “Irish Medicines Board”.
Granting of vouchers
11. (1) The Principal Act is amended by inserting the following after section 112A:
“112B. (1) In this section—
‘benefit’ means a tangible asset other than cash;
‘qualifying incentive’ means either a voucher or a benefit that is given to an employee by his or her employer in a year of assessment where the following conditions are satisfied:
(a) the voucher or the benefit does not form part of a salary sacrifice arrangement;
(b) the voucher can only be used to purchase goods or services and cannot be redeemed, in full or in part, for cash;
(c) the voucher or the benefit cannot exceed €500 in value;
(d) not more than one voucher or benefit can be given to that employee in any year of assessment;
‘salary sacrifice arrangement’ means any arrangement under which an employee forgoes the right to receive any part of his or her remuneration due under his or her terms or contract of employment and in return his or her employer agrees to provide him or her with a qualifying incentive.
(2) A qualifying incentive shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”.
(2) Subsection (1) comes into operation on 22 October 2015.
Amendment of section 372AP of Principal Act (relief for lessors)
12. (1) Section 372AP of the Principal Act is amended by inserting the following subsection after subsection (13):
“(13A) Section 555 shall apply as if a deduction under this section were a capital allowance and, where subsection (7) applies, as if the amount represented by ‘A’ in the formula in that subsection were a balancing charge.”.
(2) Subsection (1) shall have effect in relation to an event, referred to either in paragraph (a) or (b) of subsection (7) of section 372AP of the Principal Act, occurring on or after 1 January 2012.
Amendment of section 959B of Principal Act (supplemental interpretation provisions)
13. (1) Section 959B of the Principal Act is amended in subsection (1)(a) by substituting “€5,000” for “€3,174”.
(2) Subsection (1) applies for the year of assessment 2016 and each subsequent year of assessment.
Amendment of Schedule 25B to Principal Act (list of specified reliefs and method of determining amount of specified relief used in a tax year)
14. (1) Schedule 25B to the Principal Act is amended by deleting the entry at Reference Number 7 and the matters set out opposite that reference number.
(2) Subsection (1) applies as respects profits or gains, to which section 232 of the Principal Act applies, arising on or after 1 January 2016.
Chapter 4
Income Tax, Corporation Tax and Capital Gains Tax
Amendment of section 97 of Principal Act (computational rules and allowable deductions)
15. (1) Section 97 of the Principal Act is amended by inserting the following subsection after subsection (2J):
“(2K) (a) In this subsection—
‘Board’ means the Private Residential Tenancies Board;
‘household’ has the meaning assigned by the
Housing (Miscellaneous Provisions) Act 2009
;
‘housing authority’ has the meaning assigned by the
Housing (Miscellaneous Provisions) Act 1992
;
‘lease’ means any lease or tenancy in respect of a residential premises required to be registered by the person chargeable under Part 7 of the
Residential Tenancies Act 2004
;
‘Minister’ means Minister for the Environment, Community and Local Government;
‘qualifying lease’ means a lease granted by the person chargeable to a qualifying tenant;
‘qualifying tenant’, in relation to a qualifying lease, means—
(i) a household in respect of which rent is payable by a housing authority—
(I) in accordance with Part 4 of the
Housing (Miscellaneous Provisions) Act 2014
, or
(II) under a contract under
section 19
of the
Housing (Miscellaneous Provisions) Act 2009
, between the housing authority and the person chargeable,
or
(ii) an individual in respect of whom a rent supplement is payable by, or on behalf of, the Minister for Social Protection;
‘register’ means the private residential tenancies register maintained by the Board under Part 7 of the
Residential Tenancies Act 2004
;
‘relevant borrowings’ means borrowed money employed in the purchase, improvement or repair of a premises or a part of a premises which, at a time interest accrues on the borrowings, is a residential premises let under a qualifying lease;
‘relevant interest’, in relation to relevant borrowings and a specified period, means the amount by which the aggregate deductions authorised by subsection (2)(e) are reduced by the application of subsection (2J) in respect of that part of the chargeable periods (within the meaning of section 321) that falls within the specified period and, for the purposes of this definition, interest shall be treated as accruing from day to day;
‘relevant undertaking’, in relation to a residential premises, means an undertaking under paragraph (b) (i) ;
‘rent supplement’ means any payment under section 198 of the
Social Welfare Consolidation Act 2005
towards the amount of rent payable by an individual in respect of a residential premises;
‘specified period’ means a continuous period of 3 years commencing on or after 1 January 2016 but not later than 31 December 2019.
(b) (i) The person chargeable shall submit to the Board, in such form and containing such information as shall be prescribed by the Minister for the purposes of this subsection, an undertaking to the effect that the person chargeable will let a residential premises under a qualifying lease for the duration of a specified period commencing on—
(I) in the case of a qualifying lease commencing on or after 1 January 2016, the date of commencement of that lease, or
(II) in the case of a lease that commenced prior to 1 January 2016, which would, if the lease commenced on that date, be a qualifying lease, 1 January 2016.
(ii) The Board shall register the relevant undertaking in the register, and the provisions of Part 7 of the Residential Tenancies Act 2004 shall apply to information regarding a relevant undertaking registered in the register as they apply to information regarding a tenancy registered in the register, subject to any necessary modifications.
(iii) A relevant undertaking shall be submitted to the Board under subparagraph (i) —
(I) in the case of a lease referred to in clause (I) of that subparagraph, at the time the person chargeable is required to make an application to register the tenancy under section 134 of the Residential Tenancies Act 2004, and
(II) in any other case, by 31 March 2016.
(iv) Where the person chargeable submits a relevant undertaking in accordance with this paragraph and, following the end of the specified period (in this subparagraph referred to as the ‘first period’), submits a relevant undertaking (in this subparagraph referred to as the ‘subsequent undertaking’) in respect of a subsequent specified period (in this subparagraph referred to as the ‘second period’), the second period shall commence on—
(I) in the case of a qualifying lease commencing on or after the day following the end of the first period, the date of commencement of that lease, and
(II) in the case of a qualifying lease that commenced before the end of the first period, the day following the end of the first period, and
the subsequent undertaking shall be submitted to the Board—
(A) in the case of a lease referred to in clause (I), at the time referred to in subparagraph (iii)(I), and
(B) in any other case, not later than 3 months after the second period commences,
and subparagraph (ii) shall apply to a subsequent undertaking as it applies to an undertaking.
(c) For the purposes of this subsection, where a lease has commenced before 1 January 2016, which would, if the lease commenced on that date, be a qualifying lease and a relevant undertaking is submitted to and registered by the Board, the lease shall be deemed to be a qualifying lease commencing on 1 January 2016.
(d) (i) For the purposes of this subsection, where a qualifying lease (in this subparagraph referred to as the ‘first lease’) terminates during a specified period the currency of that lease shall be deemed to include a period immediately following its termination (in this paragraph referred to as the ‘intervening period’) if—
(I) at the end of the intervening period, the person chargeable grants a subsequent qualifying lease in respect of the residential premises (in this paragraph referred to as the ‘subsequent lease’), and
(II) during the intervening period—
(A) the premises was not let under a lease that was not a qualifying lease,
(B) the person chargeable immediately before the termination was not in occupation of the premises or any part of the premises but was entitled to possession of the premises, and
(C) a person connected (within the meaning of section 10) with the person chargeable was not in occupation of the premises or any part of the premises,
and the first lease and the subsequent lease shall be taken together and treated as one qualifying lease.
(ii) More than one subsequent lease may be granted in respect of a premises under and in accordance with subparagraph (i).
(e) For the purposes of this subsection, where a qualifying tenant ceases to be a qualifying tenant during a specified period, the lease shall nonetheless be treated as a qualifying lease for so much of that period as the tenant occupies the premises under the lease.
(f) This subsection shall apply where the following conditions are met:
(i) a residential premises is let under a qualifying lease for one or more than one specified period, and
(ii) a relevant undertaking in respect of that premises for each specified period is submitted to and registered by the Board.
(g) (i) Subject to this section, a person chargeable who meets the conditions referred to in paragraph (f) may, after the end of the specified period, make a claim to have a deduction authorised by subsection (2)(e) in respect of the residential premises referred to in paragraph (f) computed as if the relevant interest for the specified period accrued on the day immediately following the end of that specified period, and subsection (2J) shall not apply to that relevant interest.
(ii) The relevant interest referred to in subparagraph (i) shall not be included in any computation of relevant interest for a specified period subsequent to the specified period referred to in that subparagraph.
(h) Any claim under this subsection shall—
(i) contain a statement to the effect that the conditions referred to in paragraph (f) are satisfied, and
(ii) be furnished to the Revenue Commissioners by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for the purpose of a claim, and the relevant provisions of Chapter 6 of Part 38 shall apply.
(i) Where a premises in respect of which the person chargeable is entitled to a rent is let in part under a qualifying lease and in part under a lease other than a qualifying lease (in this paragraph referred to as the ‘other lease’), the amount of deduction authorised under subsection (2)(e) by reference to interest on borrowed money employed in the purchase, improvement or repair of those premises shall be computed on the amount of interest on that part of the borrowed money which can, on a just and reasonable basis, be respectively attributed to the parts of the premises which are let under the qualifying lease and the other lease.
(j) Notwithstanding section 886, where a person chargeable makes a claim under this subsection, the period for which the linking documents and records (within the meaning of that section) relating to the claim are to be retained by the person required to keep the records under that section shall commence on the final day of the specified period in respect of which the claim is made.”.
(2) Subsection (1) shall come into operation on 1 January 2016.
Amendment of section 256 of Principal Act (interpretation (Chapter 4))
16. Section 256(1) of the Principal Act is amended in the definition of “relevant deposit” by inserting the following subparagraph after paragraph (a)(iiif):
“(iiig) the Minister for Social Protection in respect of accounts held under
section 9
of the
Social Welfare Consolidation Act 2005
,”.
Amendment of section 481 (relief for investment in films) and section 851A (confidentiality of taxpayer information) of Principal Act
17. (1) Section 481 of the Principal Act is amended—
(a) in subsection (1) —
(i) by substituting the following for the definitions of “broadcast” and “broadcaster”:
“ ‘broadcast’ has the meaning assigned to it by
section 2
of the
Broadcasting Act 2009
;
‘broadcaster’ means a person who has responsibility for a ‘broadcasting service’ as defined in
section 2
of the
Broadcasting Act 2009
;”,
and
(ii) in paragraph (c) of the definition of “film corporation tax credit” by substituting “€70,000,000” for “€50,000,000”,
and
(b) in subsection (3A)(c)(II) by substituting “fortieths” for “forty-firsts”.
(2) Section 851A of the Principal Act is amended—
(a) in subsection (1) by inserting the following definition after the definition of “agent”:
“ ‘film corporation tax credit’ means that credit within the meaning assigned to it by section 481;”,
and
(b) in subsection (8A)—
(i) by deleting paragraph (c),
(ii) by substituting the following for paragraph (d):
“(d) the amount of film corporation tax credit granted, by reference to ranges set out in page 30, paragraph 166(vi) of the Guidelines on State Aid to Promote Risk Finance1
, inserted by Communication from the Commission (2014/C 198/02)2
;”,
and
(iii) by inserting the following paragraphs after paragraph (d):
“(e) whether the company is—
(i) a category of enterprise referred to Article 2.1 of Annex 1 to Commission Regulation (EU) No. 651/2014 of 17 June 20143
, or
(ii) a category of enterprise which is larger than the categories of enterprise referred to in subparagraph (i) ;
(f) the territorial unit, within the meaning of the NUTS Level 2 classification specified in Annex 1 to Regulation (EC) No. 1059/2003 of the European Parliament and of the Council of 26 May 20034
amended by Regulation (EC) No. 1888/2005 of the European Parliament and of the Council of 26 October 20055
, Commission Regulation (EC) No. 105/2007 of 1 February 20076
, Regulation (EC) No. 176/2008 of the European Parliament and of the Council of 20 February 20087
, Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 20088
, Commission Regulation (EU) No. 31/2011 of 17 January 20119
, Council Regulation (EU) No. 517/2013 of 13 May 201310
, Commission Regulation (EU) No. 1319/2013 of 9 December 2013 11
, and Commission Regulation (EU) No. 868/2014 of 8 August 201412
, in which the company is located;
(g) the date on which film corporation tax credit is granted.”.
(3) (a) Paragraph (b) of subsection (1) shall apply for the year of assessment 2016 and subsequent years.
(b) Paragraph (a)(ii) of subsection (1) shall come into operation on such day or days as the Minister for Finance may by order or orders appoint either generally or with reference to any particular purpose or provision of it and different days may be so appointed for different purposes or different provisions.
Income tax relief for investment in corporate trades - employment and investment incentive and seed capital scheme
18. (1) Section 27 of the Finance Act 2014 is amended—
(a) in subsection (1) (a) (ii), in paragraph (d) of the definition of “relevant period”, by substituting “ ‘relevant amount’ ” for “ ‘average relevant amount’ ”,
(b) in subsection (1)(g) by substituting “Article 11 of Commission Regulation (EU) No. 651/2014 of 17 June 201413
” for “section 5.4 of the Community Guidelines on State aid to promote risk finance investments3”, and
(c) in subsection (2) by substituting the following for paragraph (b):
“(b) Paragraphs (a) and (c) to (g) of subsection (1) have effect in respect of shares issued on or after 13 October 2015.”.
(2) Part 16 of the Principal Act is amended—
(a) in section 488(1) —
(i) by deleting the definitions of “average relevant amount” and “average threshold amount”,
(ii) in the definition of “eligible shares” by substituting “the relevant period” for “the period of 3 years beginning on the date on which they are issued”,
(iii) by substituting the following for the definition of “qualifying employee”:
“‘qualifying employee’, in relation to a qualifying company, means an employee (within the meaning of section 983), other than a director, of that company—
(i) who throughout his or her period of employment with that company is employed by that company for at least 30 hours duration per week, and
(ii) his or her employment is capable of lasting at least 12 months;”,
and
(iv) by inserting the following definitions:
“‘qualifying nursing home’ means—
(a) a nursing home within the meaning of
section 2
of the
Health (Nursing Homes) Act 1990
and which is registered under section 4 of that Act, and
(b) where applicable, a qualifying residential unit constructed on the site of, and operated by, a nursing home within the meaning of paragraph (a),
but does not include any nursing home or qualifying residential unit which is subject to any power on the exercise of which the nursing home or residential units, or any part or interest in the nursing home or residential units, may be revested in the person from whom it was purchased or exchanged or in any person on behalf of such person;
‘qualifying residential unit’ means a house which—
(a) is constructed on the site of, or on a site which is immediately adjacent to the site of, a registered nursing home,
(b) is—
(i) a single storey house, or
(ii) a house that is comprised in a building of one or more storeys in relation to which building a fire safety certificate under Part III of the Building Control Regulations 1997 (
S.I. No. 496 of 1997
) is required, and prior to the commencement of the construction works on the building, is granted by the building control authority (within the meaning of
section 2
of the
Building Control Act 1990
) in whose functional area the building is situated where—
(I) the house is, or (as the case may be) the house and the building in which it is comprised are, designed and constructed to meet the needs of persons with disabilities, including in particular the needs of persons who are confined to wheelchairs, and
(II) the house consists of one or two bedrooms, a kitchen, a living room, bath or shower facilities, toilet facilities and a nurse call system linked to the registered nursing home,
and
(c) is comprised in a development where—
(i) those units are operated or managed by the registered nursing home and an on-site caretaker is provided, and
(ii) back-up medical care, including nursing care, is provided by the registered nursing home to the occupants of those units when required by those occupants;
‘relevant amount’ means total emoluments (other than non-pecuniary emoluments) paid by a qualifying company to qualifying employees as referred to in the definition of ‘employment relevant number’, in the year of assessment in which, in relation to a subscription for eligible shares, a relevant period ends;
‘threshold amount’ means the total of the emoluments (other than non- pecuniary emoluments) paid by a qualifying company to the qualifying employees referred to in the definition of ‘employment threshold number’, in the year of assessment preceding the year of assessment in which the subscription for eligible shares was made but where there was a general reduction in the basic pay rate of qualifying employees then the threshold amount shall be reduced accordingly;”,
(b) in section 489—
(i) by substituting the following for subsection (1)(b):
“(b) those shares are issued to the individual for the purpose of raising money by a qualifying company where that money was used, is being used or is intended to be used by the qualifying company—
(i) for the purposes of carrying on relevant trading activities,
(ii) in the case of a company which has not commenced to trade, in incurring expenditure on research and development within the meaning of section 766, or
(iii) in the case of a company that owns and operates a qualifying nursing home, for the purposes of enlarging the capacity of the qualifying nursing home,
and”,
(ii) by inserting the following after subsection (3):
“(3A) Notwithstanding subsection (3), where—
(a) in accordance with section 506, relief is due in respect of an amount subscribed between 1 January 2014 and 31 December 2014 as nominee for a qualifying individual by the managers of a designated fund, and
(b) the eligible shares in respect of which the amount is subscribed are issued between 1 January 2016 and 31 January 2016,
the individual may elect by notice in writing to the inspector to have the relief due under subsection (2)(a) given as a deduction from his or her total income for the year of assessment in which the amount was subscribed to the designated fund instead of (as provided for in subsection (2)(a)) as a deduction from his or her total income for the year of assessment in which the shares are issued.”,
and
(iii) by substituting the following for subsection (10) (a):
“(a) (i) the employment relevant number exceeds the employment threshold number by at least one qualifying employee, and
(ii) the relevant amount exceeds the threshold amount by at least the total emoluments of one qualifying employee in the year of assessment in which the relevant period ends,
or”,
and
(c) in section 494—
(i) by inserting the following after subsection (4):
“(4A) A company that does not meet the requirements of paragraphs 5 and 6 of Article 21 of Commission Regulation (EU) No. 651/2014 of 17 June 201414
shall not be a qualifying company.”,
and
(ii) by inserting the following after subsection (7):
“(7A) A company whose relevant trading activities includes operating a qualifying nursing home and is engaged in enlarging its capacity pursuant to section 489(1) (b) (iii) shall cease to be a qualifying company unless it has expended all of the money subscribed for eligible shares on such activities, within a period ending 30 days before the end of the relevant period.”.
(3) Subsections (1) and (2) shall apply to shares issued on or after 13 October 2015.
Farming and market gardening
19. (1) Section 598 of the Principal Act is amended—
(a) in subsection (1)(a), by inserting the following definition:
“ ‘farm partnership’ means a milk production partnership or a registered farm partnership (within the meaning of section 667C);”,
and
(b) in subsection (1)(d)(iib), by substituting “farm partnership” for “milk production partnership” in both places where it occurs.
(2) Part 23 of the Principal Act is amended—
(a) in section 657—
(i) in subsection (8) —
(I) in paragraph (c), by substituting “section 959AA” for “section 959Z”, and
(II) in paragraph (d), by substituting “section 959AA” for “section 959Z”,
and
(ii) in subsection (10A) by substituting “section 667C applies” for “European Communities (Milk Quota) (Amendment) Regulations 2002 (S.I. No. 97 of 2002) apply”,
(b) in section 664—
(i) in subsection (1)(a) —
(I) by inserting the following definition before the definition of “farm land”:
“ ‘EU Single Payment Scheme’ means the scheme administered by the Minister for Agriculture, Food and the Marine under Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 201315
, amended by Commission Delegated Regulation (EU) No. 639/2014 of 11 March 201416
, Commission Delegated Regulation (EU) 994/2014 of 13 May 201417
, Commission Delegated Regulation (EU) 1001/2014 of 18 July 201418
, Commission Delegated Regulation (EU) 1378/2014 of 17 October 201419
and Commission Delegated Regulation (EU) 2015/851 of 27 March 201520
;”,
(II) in the definition of “the specified amount”—
(A) in subparagraph (ii)(VII)(B) by deleting “or”, and
(B) in subparagraph (ii)(VIII)(C) by substituting “case, or” for “case,”,
(ii) in subsection (7), by deleting “operated by the Department of Agriculture and Food under Council Regulation (EC) No. 1782/2003 of 29 September 2003 (OJ No. L270 of 21.10.2003, p 1)”, and
(iii) by inserting the following subsection after subsection (7):
“(8) A lease which would otherwise be a qualifying lease shall not be a qualifying lease if—
(a) a qualifying lessee of the lease (the ‘first mentioned lease’), or a person connected with that qualifying lessee of the first mentioned lease, is a qualifying lessor of another qualifying lease (the ‘second mentioned lease’) where the qualifying lessee of the first mentioned lease is a qualifying lessor of the second mentioned lease,
(b) a qualifying lessee of the lease (the ‘first mentioned lease’) is a qualifying lessor of another qualifying lease (the ‘second mentioned lease’) where that qualifying lessee of the first mentioned lease, or a person connected with that qualifying lessee, is a qualifying lessor of the second mentioned lease, or
(c) the farm land which is the subject of the lease is farmed, in whole or in part, by the qualifying lessor.”,
(c) in section 666(4) —
(i) in paragraph (a), by substituting “31 December 2018” for “31 December 2015”, and
(ii) in paragraph (b), by substituting “year 2018” for “year 2015”,
(d) in section 667B—
(i) in subsection (5) (b), by substituting “2018” for “2015”, and
(ii) in paragraph 2 of the Table to that section—
(I) in subparagraph (q), by substituting “Sustainable Agriculture,” for “Sustainable Agriculture.”, and
(II) by inserting the following after subparagraph (q):
“(r) Bachelor of Science (Honours) in Agriculture.”,
(e) in section 667C—
(i) in subsection (1) by—
(I) substituting “In this section and sections 667D to 667G” for “In this section”,
(II) inserting the following definitions:
“ ‘common agricultural payments’ means any payment arising directly to a partner under the Common Agricultural Policy of the European Union;
‘excluded farm asset’ means farm land or livestock or machinery used for any of the following farming activities where that activity is excluded, by the terms of the partnership agreement, from the partnership:
(a) pig farming;
(b) poultry farming;
(c) mushroom farming;
(d) forestry;
(e) bloodstock farming;
(f) intensive horticultural cropping;
(g) on-farm milk processing, other than milking and storage of milk;
(h) generation of fuel or electricity;
‘farm asset’, other than an excluded farm asset, means—
(a) farm land,
(b) an entitlement to common agricultural payments, and
(c) livestock or machinery used for farming,
but shall not include farm land which is to be disposed of to an authority possessing compulsory purchase powers where the disposal would not be made but for the exercise of those powers, or the giving by the authority concerned of formal notice of its intention to exercise those powers;
‘farm land’ means land which includes a building (other than a building or part of a building used as a dwelling) occupied by a partner for the purposes of farming that land;
‘Minister’ means Minister for Agriculture, Food and the Marine;
‘non-active partner’ means—
(a) in the case of an individual, an individual who, during the accounting period spends not more than an average of at least 10 hours per week personally engaged in the activities of the several trade, or
(b) in the case of a company, a company whose officers and employees, during the accounting period between them, spend an average of not more than 10 hours per week personally engaged in the activities of the several trade,
where the activities of the several trade are carried on on a commercial basis and in such a way that profits of the several trade could reasonably be expected to be made in that period or within a reasonable time thereafter;
‘partner’ means a person who is a partner in a registered farm partnership;
‘primary participant’ means the precedent partner, within the meaning of section 1007;
‘register’ means the register of farm partnerships established and maintained by the Minister under and in accordance with this section and regulations under subsection (4A);
‘register of succession farm partnerships’ shall be construed in accordance with section 667D(1);
‘several trade’ has the meaning given to it by section 1008.”,
and
(III) substituting the following for the definition of registered farm partnership:
“ ‘registered farm partnership’ means a farm partnership entered on the register;”,
and
(ii) by inserting the following subsection after subsection (1):
“(1A) (a) A primary participant, in relation to a farm partnership, may apply to the Minister to enter the farm partnership on the register and shall comply with all requirements relating to the application specified in regulations made under subsection (4A).
(b) In order to be entered on the register, a farm partnership shall comply with all of the following conditions:
(i) the farm partnership shall exist wholly for the purpose of carrying on the trade of farming;
(ii) the farm partnership agreement shall be in writing and shall:
(I) comply with the
Partnership Act 1890
;
(II) include information identifying the partners, the farm land farmed by the partnership, relating to their shares in the partnership and to the operation of the partnership;
(III) commit the partners to the agreement to a period of operation as a farm partnership of not less than 5 years,
(iii) subject to subsection (1C), the farm partnership shall have at least 2 members and not more than 10 members;
(iv) no member of the farm partnership shall be a non-active partner;
(v) of the members of the farm partnership—
(I) at least one shall be a person who has been engaged in the trade of farming on farm land owned or leased by that person, consisting of at least 3 hectares of useable farm land, for at least 2 years immediately preceding the date of formation of the partnership, and
(II) other than the person referred to in clause (I), at least one is a natural person and either satisfies the requirements of clause (I) or—
(A) has a qualification in agriculture specified in regulations made under subsection (4A) or, if not so specified a qualification determined by Teagasc - the Agriculture and Food Development Authority, to the satisfaction of the Minister, as being equivalent to a qualification so specified, and
(B) under the terms of the farm partnership, holds an entitlement to at least 20 per cent of the profits of the partnership;
(vi) other than an excluded farm asset, a partner in a farm partnership shall not have an interest in any farm asset outside of the farm partnership at any time during the period of registration of the farm partnership, and for the purposes of this section, farm land owned or leased by a partner but licensed to the farm partnership concerned shall not be treated as the partner having an interest in land outside of the farm partnership;
(vii) any payment arising to a partner in a farm partnership, from the trade of farming for the purposes of the farm partnership agreement is liable to be, and shall be paid by the partner to the farm partnership.”.
(iii) by inserting the following subsection after subsection (1A) (inserted by subparagraph (ii)):
“(1B) (a) The primary participant shall notify the Minister within 21 days of any change to the farm partnership or its activities and failure to do so shall result in the removal of the partnership from the register from the date of the change unless the Minister is satisfied that—
(i) the change does not affect the farm partnership’s eligibility to be entered, and remain on, the register, and
(ii) the failure was neither the result of careless nor deliberate behaviour on the part of the precedent partner and it is remedied without unreasonable delay upon the precedent partner becoming aware of the failure.
(b) (i) The primary participant shall notify the Minister, prior to a new partner joining, or an existing partner ceasing to be a partner in the farm partnership (in this paragraph referred to as an ‘alteration’), of the proposed alteration and shall request the Minister to amend the relevant entry on the register accordingly.
(ii) The Minister shall not approve a proposed alteration and amend the relevant entry on the register under subparagraph (i) unless he or she is satisfied that the farm partnership will continue to comply with the requirements of this section, and that the proposed alteration is made for bona fide commercial purposes.”,
(iv) by inserting the following subsection after subsection (1B) (inserted by subparagraph (iii)):
“(1C) A farm partnership shall not be eligible to be entered on the register if any partner in that partnership—
(a) is a director of a company that is also a partner in that farm partnership, or
(b) has a shareholding in a company—
(i) that is also a partner in that farm partnership, or
(ii) has a shareholding in a company which directly or indirectly has a shareholding in a company which is a partner in that farm partnership.”,
(v) by inserting the following subsection after subsection (1C) (inserted by subparagraph (iv)):
“(1D) (a) The Minister shall only enter a farm partnership on the register where he or she is satisfied that the farm partnership has met the conditions set out in subsection (1A).
(b) Where the Minister is not satisfied that the farm partnership is continuing to meet the conditions set out in subsection (1A), then the Minister shall remove the partnership from the register with effect from the date upon which the partnership ceased to meet those conditions.
(c) A farm partnership shall stand suspended from the register where an order has been made under
section 9
of the
Animal Health and Welfare Act 2013
, which relates to an area where any part of the farm land of the partnership is situated, but each partner in a partnership that is so suspended shall continue to be treated as a partner in a registered farm partnership for the purposes of subsection (2).”.
(vi) in subsection (2) (b), by substituting “2018” for “2015” in both places where it occurs,
(vii) in subsection (3A)(a), in paragraph (ii) of the definition of “qualifying period” by substituting “years of assessment” for “years of assessment where the specified person is not a company”,
(viii) in subsection (4) by substituting “2018” for “2015”, and
(ix) in subsection (4A)(a) —
(I) by substituting “The Minister,” for “The Minister for Agriculture, Food and the Marine (in this subsection referred to as the ‘Minister’),”
(II) by substituting “and those regulations may make separate provision for different classes of farm partner and farm partnership and may provide for-” for “and those regulations may provide for-”, and
(III) by substituting the following for subparagraphs (i) to (vi):
“(i) different divisions of the register relating to different classes of registered farm partnership,
(ii) the form and manner of, and information and documentation required for, an application for entry on the register,
(iii) the form and manner of registration of a farm partnership on the register,
(iv) the assignment of a unique identifier to a farm partnership entered on the register and purposes for which and conditions subject to which, it may be used,
(v) procedures where subsection (1B) or subsection (1D)(b) applies,
(vi) the agriculture qualifications required by a person for the purposes of subsection (1A)(c),
(vii) conditions relating to what the Minister considers to be an appropriate distance between farm land to be used by the partners in carrying on the several trade, having regard to resources and best agricultural practice, provided that no part shall be more than 75 kilometres from another part, and
(viii) such supplemental, transitional and incidental matters as appear to the Minister to be necessary and appropriate.”,
(f) by inserting the following section after section 667C—
“Succession farm partnerships
667D. (1) A primary participant, in relation to a registered farm partnership may apply to the Minister to also enter the registered farm partnership on the register of succession farm partnerships established and maintained under and in accordance with this section and regulations under subsection (7) (in this section referred to as the ‘register of succession farm partnerships’) and shall comply with all requirements relating to the application so specified.
(2) In order to be entered on the register of succession farm partnerships, a registered farm partnership shall …
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.