(b) in respect of the diminished value of machinery or plant by reason of wear and tear if that machinery or plant was first acquired on or after the 25th day of January 1984, by the person to whom the capital allowances are to be or have been made, other than capital allowances in respect of machinery or plant to which subsection (6) applies.
\nProvided that— (I) an obligation shall be treated for the purposes of subparagraphs (i) and (ii) as having been entered into before a particular date if, but only if, before that date, there was in existence a binding contract in writing under which that obligation arose, and (II) negotiations pursuant to which an obligation was entered into shall not be regarded for the purposes of subparagraph (ii) as having been in progress before the 25th day of January, 1984, unless, on or before that date, preliminary commitments or agreements in relation to that obligation had been entered into between the lessor and the lessee.
\nCorporation Tax Amendment of Part IX (Schedule F and Company Distributions) of Corporation Tax Act, 1976.
\n41.—Part IX of the Corporation Tax Act, 1976 , is hereby amended by the insertion after section 84 of the following section: “Limitation on meaning of ‘distribution’.
\n84A.—(1) Any interest or other distribution which— (a) is paid on or after the 25th day of January, 1984, out of the assets of a company (hereafter in this section referred to as ‘the borrower’) to another company which is within the charge to corporation tax, and (b) is so paid in respect of a security of the borrower falling within subparagraph (ii), (iii) (I) or (v) of section 84 (2) (d), shall not be a distribution for the purposes of this Act unless the application of this subsection is excluded by subsection (2), (7) or (9).
\nof
\nof the Finance Act, 1980 , fall to be regarded for the purposes of that Chapter as the manufacture of goods), or (b) exempted trading operations within the meaning of Part V (Profits from Trading within Shannon Airport), or (c) the rendering of services in the course of a service undertaking in respect of which an employment grant was made by the Industrial Development Authority under section 2 of the Industrial Development (No. 2) Act, 1981 .
\nProvided that— (i) an obligation shall be treated for the purposes of paragraphs (a) and (b) as having been entered into before a particular date if, but only if, before that date, there was in existence a binding contract in writing (hereafter in this section referred to as a ‘loan contract’) under which that obligation arose, and (ii) negotiations pursuant to which an obligation was entered into shall not be regarded for the purposes of paragraph (b) as having been in progress before the 25th day of January, 1984, unless, on or before that date, preliminary commitments or agreements in relation to that obligation had been entered into between the lender referred to in that paragraph and the borrower.
\nProvided that, where this subsection applies, nothing in subparagraph (ii), (iii) (I) or (v) of section 84 (2) (d) shall operate so as to treat as a distribution for the purposes of this Act so much of the interest or other distribution as represents a reasonable commercial return for the use of that principal.”.
\nTreatment of dividends on certain preference shares.
\n42.—(1) In this section— “preference shares” does not include preference shares— (a) which are quoted on a stock exchange in the State, or (b) which are not so quoted but which carry rights in respect of dividends and capital which are comparable with those general for fixed-dividend shares quoted on a stock exchange in the State; “shares” includes stock.
\nProvided that— (I) an obligation shall be treated for the purposes of paragraph (b) as having been entered into before a particular date if, but only if, before that date, there was in existence a binding contract in writing under which that obligation arose, and (II) negotiations pursuant to which an obligation was entered into shall not be regarded for the purposes of paragraph (b) (ii) as having been in progress before the 25th day of January, 1984, unless, on or before that date, preliminary commitments or agreements in relation to that obligation had been entered into between the issuer and the subscriber.
\nExtension of exempted transactions in relation to agricultural societies.
\n43.—The Second Schedule to the Finance Act, 1978 , is hereby amended by the insertion in paragraph 2 of Part I after “manure spreading” of “relief milking”.
\nContinuance of relief in respect of increase in employment.
\n44.—
\nof
\nof the Finance Act, 1982 , shall have effect as respects an accounting period or part of an accounting period of a company falling within the year ending on the 30th day of June, 1985, as it has effect as respects an accounting period or part of an accounting period of a company falling within the year ending on the 30th day of June, 1983, subject to the modifications that— (a) in section 43 of that Act, in the definition of “relevant period”, “1985” shall be substituted for “1983”, (b) in sections 44 and 45 of that Act, “1984” shall be substituted for “1982” in each place where it occurs, and (c) in section 46 of that Act, “1983” shall be substituted for “1981”.
\nAmendment of Chapter VI (manufacturing companies) of Part I of Finance Act, 1980.
\n45.—
\nof
\nof the Finance Act, 1980 , is hereby amended— (a) by the substitution in section 38 for the definition of “relevant accounting period” of the following definition: “‘relevant accounting period’ means an accounting period or part of an accounting period of a company falling within the period from the 1st day of January, 1981 (or, where subsection (1CC) of section 39 applies, the 13th day of April, 1984) to the 31st day of December, 2000;”, and (b) by the insertion in section 39 after subsection (1C) (inserted by the Finance Act, 1981 ) of the following subsection: “(ICC) (a) In this subsection ‘computer services’ means either or both of the following, that is to say: (i) data processing services, and (ii) software development services, the work on the rendering of which is carried out in the State in the course of a service undertaking in respect of which an employment grant was made by the Industrial Development Authority under section 2 of the Industrial Development (No. 2) Act, 1981 . (b) The following provisions shall apply for the purposes of relief under this Chapter in relation to a company carrying on a trade which consists of or includes the rendering of computer services: (i) the rendering of the computer services shall be regarded as the manufacture within the State of goods, (ii) any amount receivable in payment for the rendering of the computer services shall be regarded as an amount receivable from the sale of goods, and (iii) subsection (1D) shall have effect as respects the company in relation to a claim by it for relief from tax by virtue of this subsection as it has effect as respects a company in relation to a claim by it for relief from tax by virtue of subsection (1B) or (1C).”.
\nAdvance Corporation Tax Amendment of section 51 (cesser of certain provisions) of Finance Act, 1983.
\n46.—Subsection (2) of section 51 of the Finance Act, 1983 , is hereby amended by the insertion before “section 18 (4)” of “section 16 (9),” and the said subsection (2), as so amended, is set out in the Table to this section.
\nTABLE
\nExtension of section 52 (transitional reduction of advance corporation tax) of Finance Act, 1983.
\n47.—
\nof the Finance Act, 1983 , is hereby amended by the substitution of— (a) “31st day of December” for “8th day of February” in each place where it occurs, and (b) “1st day of January, 1985” for “9th day of February, 1984” in each place where it occurs, and the said section 52, as so amended, is set out in the Table to this section.
\nTABLE 52.—(1) Notwithstanding anything in this Chapter, the amount of advance corporation tax which a company shall be liable to pay in respect of distributions made by it in an accounting period ending on or before the 31st day of December, 1984, shall be one-half of the amount of advance corporation tax which, apart from this section, the company would have been liable to pay in respect of those distributions.
\nStock Relief Interpretation (
\n).
\n48.—In this Chapter— “accounting period”— (a) in relation to a company, means an accounting period determined in accordance with the provisions of section 9 of the Corporation Tax Act, 1976 , and (b) in relation to a person other than a company, means a period of one year ending on the date to which the accounts of the person are usually made up or, where accounts have not been made up or where accounts have been made up for a greater or lesser period than one year, such period not exceeding one year as the Revenue Commissioners may determine; “period of account” means the period for which a person's accounts are made up; “qualifying trade” means a trade which is carried on in the State and which during an accounting period consists wholly or mainly of any one or more of the following classes of trading operations (hereafter in this Chapter referred to as “qualifying trading operations”)— (a) the manufacture of goods, (b) the carrying out of construction operations within the meaning of section 17 of the Finance Act, 1970 , or (c) the sale of machinery or plant (excluding vehicles suitable for the conveyance by road of persons) or goods to a person engaged in a trade consisting wholly or mainly of farming or of trading operations of a class specified in paragraph (a) or (b) for use for the purposes of that trade, and a trade which during an accounting period consists partly of qualifying trading operations and partly of other trading operations shall be regarded for the purposes of this definition as a trade which consists wholly or mainly of qualifying trading operations if, but only if, the total amount receivable in the accounting period from sales made in the course of qualifying trading operations is not less than 75 per cent. of the total amount receivable in the accounting period from all sales made in the course of the trade; “trading stock”, in relation to a trade, has the same meaning as in section 62 of the Income Tax Act, 1967 , and in determining the value of trading stock at any time for the purposes of a deduction under section 49 or 51 , to the extent that, at or before that time, any payments on account have been received by the trader in respect of any trading stock, the value of that stock shall be reduced accordingly.
\nStock relief: corporation tax.
\n49.—(1) Subject to the provisions of this Chapter, where a company which is resident in the State carries on in an accounting period a qualifying trade in respect of which it is within the charge to corporation tax under Case I of Schedule D it shall, in the computation for the purposes of corporation tax of its income from the qualifying trade, be entitled to a deduction under this section as if the deduction were a trading expense of the qualifying trade incurred in the accounting period.
\nProvided that in no case shall the amount of the deduction as so computed exceed the amount of the income from the qualifying trade for the accounting period after account has been taken of all reductions of that income for that period by virtue of sections 16 and 18 of the Corporation Tax Act, 1976 , and all deductions from and additions to that income for that period by virtue of section 14 of that Act, but before any deduction is allowed under this section.
\nRecovery of stock relief: corporation tax.
\n50.—Subject to section 56 , where in an accounting period (hereafter in this section referred to as “the first-mentioned accounting period”) a company carrying on a trade in respect of which a deduction under section 49 was allowed for any accounting period— (a) ceases to carry on the trade, or (b) ceases to be resident in the State, or (c) ceases to be within the charge to corporation tax under Case I of Schedule D in respect of the trade, then— (i) the company shall not be entitled to a deduction under section 49 for the first-mentioned accounting period, and (ii) there shall be treated as a trading receipt of the trade for the first-mentioned accounting period an amount equal to the aggregate of the deductions allowed to the company under section 49 in respect of the trade for preceding accounting periods ending in the period of five years which ends on the day immediately preceding the beginning of the first-mentioned accounting period.
\nStock relief: income tax.
\n51.—(1) In this section— “relevant year” means the year 1984-85; “trading profits”, in relation to a trade, means the profits or gains of the trade computed in accordance with the rules applicable to Case I of Schedule D.
\nProvided that in no case shall the amount of the deduction as so computed exceed the amount of the trading profits of the qualifying trade for the accounting period before any deduction is allowed under this section.
\nRecovery of stock relief: income tax.
\n52.—Subject to section 56 , where in an accounting period (hereafter in this section referred to as “the first-mentioned accounting period”) a person carrying on a trade in respect of which a deduction under section 51 was allowed for any accounting period— (a) ceases to carry on the trade, or (b) ceases to be resident in the State, or (c) ceases to be within the charge to income tax under Case I of Schedule D in respect of the trade, then— (i) he shall not be entitled to a deduction under section 51 for the first-mentioned accounting period, and (ii) there shall be treated as a trading receipt of the trade for the first-mentioned accounting period an amount equal to the aggregate of the deductions allowed to him under section 51 in respect of the trade for preceding accounting periods ending in the period of five years which ends on the day immediately preceding the beginning of the first-mentioned accounting period.
\nValuation of stock other than at beginning of period of account.
\n53.—Where for the purposes of this Chapter it is necessary to ascertain the value of a person's trading stock at a date other than the beginning of a period of account and that value has not in fact been ascertained, the person shall be treated as having at that date trading stock of such value as appears to the inspector (or, on appeal, to the Appeal Commissioners) to be reasonable and just having regard to all the relevant circumstances of the case and in particular to— (a) the values of trading stock at the beginning and end of the period of account which includes the date in question, (b) movements during that period of account in the costs of items of a kind comprised in the person's trading stock during the period, and (c) changes during that period in the volume of the trade carried on by him.
\nOpening stock of a new business.
\n54.—Where a person (hereafter in this section referred to as “the first-mentioned person”) carries on in an accounting period a trade in respect of which a deduction under section 49 or 51 is claimed and, immediately before the beginning of that accounting period, the trade was not being carried on by him, then, unless— (a) the first-mentioned person acquired the initial trading stock of the qualifying trade on a sale or transfer from another person on that person's ceasing to carry on the trade, and (b) the stock so acquired is, or is included in, the first-mentioned person's trading stock as valued at the beginning of the accounting period, the first-mentioned person shall be treated for the purposes of this Chapter as having at the beginning of the accounting period trading stock of such value as appears to the inspector (or, on appeal, to the Appeal Commissioners) to be reasonable and just having regard to all the relevant circumstances of the case and in particular to— (i) movements during the accounting period in the costs of items of a kind comprised in the first-mentioned person's trading stock during the period, and (ii) changes during that period in the volume of the trade carried on by him.
\nAdjustment of value of stock in certain circumstances.
\n55.—Where, before or after the beginning of a period of account, a person has acquired or disposed of trading stock otherwise than in the normal conduct of his trade, he shall be treated for the purposes of this Chapter as having at any relevant date in the period of account trading stock of such value as appears to the inspector (or, on appeal, to the Appeal Commissioners) to be reasonable and just having regard to all the circumstances of the case.
\nSuccessions, etc., to trade.
\n56.—(1) Subject to subsection (3), this section applies to a relevant disposal of a trade.
\nTrade carried on by a partnership.
\n57.—The provisions of this Chapter shall apply with any necessary modifications to a trade carried on by a partnership as they apply to a trade carried on otherwise than by a partnership.
\nAssessments, etc.
\n58.—There shall be made such assessments, additional assessments, reductions of assessments or repayments of tax as are required to give effect to this Chapter.
\nAmendment of Provisions in relation to Decrease in Stock Values other than in Trade of Farming Decrease in stock values: corporation tax.
\n59.—(1) Subject to sections 60 and 65 , this section applies to any amount which, as respects an accounting period of a company ending after the 5th day of April, 1982, would, apart from this section, fall to be treated by virtue of section 31A (inserted by the Finance Act, 1976 ) of the Finance Act, 1975 , as a trading receipt of the company's trade for that accounting period.
\nLimitation of application of section 59 .
\n60.—Subject to section 63 , section 59 shall not have effect as respects a trade of a company where the provisions of subsection (10) (inserted by the Finance Act, 1977 ) of section 31A of the Finance Act, 1975 , apply in relation to an accounting period of the company ending before the 6th day of April, 1988.
\nDecrease in stock values: income tax.
\n61.—(1) Subject to sections 62 and 65 , this section applies to any amount which, as respects an accounting period ending after the 5th day of April, 1982, would, apart from this section, fall to be treated by virtue of section 12 of the Finance Act, 1976 , as a trading receipt of a person's trade for that accounting period.
\nLimitation of application of section 61 .
\n62.—Subject to section 63 , section 61 shall not have effect as respects a trade of a person where the provisions of subsection (8) (inserted by the Finance Act, 1977 ) of section 12 of the Finance Act, 1976 , apply in relation to an accounting period of the person ending before the 6th day of April, 1988.
\nSuccessions, etc., to trade.
\n63.—
\nshall have effect with any necessary modifications for the purposes of this Chapter as it has effect for the purposes of
\nas if the references in subsection (4) of that section to section 50 or 52 were references respectively to section 60 or 62 .
\nCesser of certain provisions of Finance Act, 1983.
\n64.—(1) Save as respects a trade of farming, the Tax Acts shall have effect, and shall be deemed always to have had effect, as if subsections (3) and (4) of section 26 of the Finance Act, 1983 , had not been enacted.
\nLimitation of application of
\n.
\n65.—This Chapter shall not have effect as respects any amount which would, apart from this Chapter, fall to be treated by virtue of section 31A of the Finance Act, 1975 , or section 12 of the Finance Act, 1976 , as a trading receipt of a trade of farming.
\nCapital Gains Tax Extension of section 19 (Government and other securities) of Capital Gains Tax Act, 1975.
\n66.—
\nof the Capital Gains Tax Act, 1975 , shall apply in relation to securities issued— (a) in the State, with the approval of the Minister for Finance, by the European Coal and Steel Community, the European Atomic Energy Community or the European Investment Bank as it applies to the forms of security specified in paragraph (a) of that section, and (b) by An Post or Bord Telecom Éireann and guaranteed by the Minister for Finance as it applies to the forms of security specified in paragraph (d) of that section.
\nAmendment of section 25 (private residence) of Capital Gains Tax Act, 1975.
\n67.—
\nof the Capital Gains Tax Act, 1975 , is hereby amended by the insertion after subsection (10) of the following subsection: “(10A) (a) In this subsection— ‘base date’, in relation to an asset disposed of by an individual, means the date of acquisition by him of the asset or, if the asset was held by him on the 6th day of April, 1974, that date; ‘base value’, in relation to an asset disposed of by an individual, means the amount or value of the consideration, in money or money's worth, given by him or on his behalf wholly and exclusively for the acquisition of the asset exclusive of the incidental costs to him of the acquisition or, if the asset was held by him on the 6th day of April, 1974, the market value of the asset on that date; ‘current use value’ and ‘development land’ have the same meanings as in section 36 of the Finance Act, 1982 . (b) Where— (i) a gain accrues to an individual on the disposal of, or of an interest in, an asset which is development land, and (ii) apart from this subsection relief would be given under this section in respect of the disposal of that asset (being an asset within subsection (1) or (9A)), and (iii) the disposal was made on or after the 25th day of January, 1984, then, subject to paragraph (c), the relief aforesaid shall be given in respect of the gain (or, where appropriate, of a portion of the gain), only to the extent (if any) to which such relief would be given if, in computing the chargeable gain accruing on the disposal (notwithstanding that the disposal was a disposal of development land), there were excluded from the computation— (I) the amount (if any) by which the base value of the asset exceeds the current use value of the asset on the base date, (II) the amount by which the consideration for the disposal of the asset exceeds the current use value of the asset on the date of the disposal, (III) if the asset was not held by him on the 6th day of April, 1974, such proportion (if any) of the incidental costs to the individual of the acquisition of the asset as would be referable to the amount (if any) referred to in subparagraph (I), and (IV) such proportion of the incidental costs to the individual of the disposal of the asset as would be referable to the amount referred to in subparagraph (II). (c) Paragraph (b) shall not apply to a disposal made by an individual in any year of assessment if the total consideration in respect of all disposals made by that individual in that year and to which that paragraph would otherwise apply does not exceed £15,000.”.
\nCustoms and Excise Interpretation (
\n).
\n68.—In this Part “the Order of 1975” means the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975).
\nBeer.
\n69.—(1) Subject to paragraph 4 of the Imposition of Duties (No. 258) (Beer) (No. 2) Order, 1982 (S.I. No. 37 of 1982), the duty of excise on beer imposed by paragraph 7 (1) of the Order of 1975 shall be charged, levied and paid, as on and from the 26th day of January, 1984, at the rate of £146.047 for, in the case of all beer brewed within the State, every 36 gallons of worts of a specific gravity of 1,055 degrees, and, in the case of all imported beer, every 36 gallons of beer of which the worts were before fermentation of a specific gravity of 1,055 degrees, in lieu of the rate specified in paragraph 4 (1) of the Imposition of Duties (No. 263) (Excise Duties) (No. 2) Order, 1983 (S.I. No. 42 of 1983).
\nTobacco products.
\n70.—(1) In this section and in the Third Schedule “cigarettes”, “cigars”, “cavendish or negrohead”, “hard pressed tobacco”, “other pipe tobacco”, “smoking tobacco”, “chewing tobacco” and “tobacco products” have the same meanings as they have in the Finance (Excise Duty on Tobacco Products) Act, 1977 , as amended by the Imposition of Duties (No. 243) (Excise Duty on Tobacco Products) Order, 1979 (S.I. No. 296 of 1979).
\nWine and made wine.
\n71.—(1) In this section and in the Fourth Schedule— “actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature; “the Order of 1983” means the Imposition of Duties (No. 263) (Excise Duties) (No. 2) Order, 1983 (S.I. No. 42 of 1983); “% vol” means alcoholic strength by volume.
\nof the Fourth Schedule in lieu of the several rates specified in the Second Schedule to the Order of 1983.
\nProvided, however, that no deferment of payment of duty as provided for in this subparagraph shall be allowed in any case where the duty is charged on or after the twenty-first day in the month of December in any year.”.
\nof the Fourth Schedule in lieu of the several rates specified in the Third Schedule to the Order of 1983.
\nCider and perry.
\n72.—(1) In the Fifth Schedule— “actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature; “% vol” means alcoholic strength by volume.
\nHydrocarbons.
\n73.—(1) In this section— “the Order of 1983” means the Imposition of Duties (No. 264) (Hydrocarbons) Order, 1983 (S.I. No. 85 of 1983); “aviation gasoline” means mineral hydrocarbon light oil within the meaning of paragraph 11 (15) of the Order of 1975 which— (a) is specially manufactured as fuel for aircraft, and (b) is not normally used in motor vehicles, and (c) is delivered for use solely as fuel for aircraft.
\nForeign travel.
\n74.—(1) (a)
\nProvisions relating to excise duties on motor vehicles, televisions and gramophone records.
\n75.—(1) In this section— “the Order of 1979” means the Imposition of Duties (No. 236) (Excise Duties on Motor Vehicles, Televisions and Gramophone Records) Order, 1979 (S.I. No. 57 of 1979); “dutiable goods” has the same meaning as it has in the Order of 1979.
\n(4)
\nof the Excise Act, 1848 , shall apply in relation to the duties imposed by paragraphs 4 and 5 of the Order of 1979 with the modification that “three years” shall be substituted for “six calendar months”.
\nProvisions in relation to betting duty.
\n76.—(1) In this section— “authorised racecourse” has the same meaning as it has in the Racing Board and Racecourses Act, 1945 ; “duty” means, save where the context otherwise requires, the excise duty on bets imposed by section 24 of the Finance Act, 1926 ; “greyhound race track” and “authorised coursing meeting” have the same meanings as they have in the Greyhound Industry Act, 1958 ; “licensed bookmaker”, “premises”, “registered premises” and “registered proprietor” have the same meanings as they have in the Betting Act, 1931 ; “register” means the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 ; “return” includes Official Betting Sheet within the meaning of the Betting Duty (Official Sheets) Regulations, 1934 (S.R. &.O., No. 114 of 1934).
\nAmendment of section 11 (grounds for refusal of certificate of suitability of premises) of Betting Act, 1931.
\n77.—
\nRestriction of Probation of Offenders Act, 1907.
\n78.—
\nof the Probation of Offenders Act, 1907 , shall not apply in relation to offences under the statutes which relate to the duties of excise and to the management of those duties.
\nAmendment of section 29 (temporary importation of motor vehicles) of Finance Act, 1963.
\n79.—Subsection (2) of section 29 of the Finance Act, 1963 , is hereby amended by the substitution of “£1,000” for “one hundred pounds” and the said subsection (2), as so amended, is set out in the Table to this section.
\nTABLE
\nExcise duties on mechanically propelled vehicles.
\n80.—(1) Subject to subsections (2) and (3), the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), shall, as respects licences under section 1 thereof taken out for periods beginning on or after the 1st day of March, 1984, be amended by the substitution in Part I of the Schedule thereto (as amended by section 73 of the Finance Act, 1983 ) of the following subparagraph for subparagraph (d) of paragraph 6: “(d) other vehicles to which this paragraph applies— not exceeding 8 horse-power £8 for each unit or part of a unit of horse-power exceeding 8 horse-power and not exceeding 12 horse-power £10 for each unit or part of a unit of horse-power exceeding 12 horse-power and not exceeding 16 horse-power £12 for each unit or part of a unit of horse-power exceeding 16 horse-power and not exceeding 20 horse-power £14 for each unit or part of a unit of horse-power exceeding 20 horse-power £15 for each unit or part of a unit of horse-power electrically propelled £54”.
\nAmendment of section 3 of Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960.
\n81.—
\nAmendment of section 23 (payment of licence duty by cheque) of Finance Act, 1936.
\n82.—
\nof the Finance Act, 1936 , is hereby amended by the substitution of “£500” for “fifty pounds” in paragraph (c).
\nConfirmation of Orders.
\n83.—The Orders mentioned in the Table to this section are hereby confirmed.
\nTABLE S.I. No. 12 of 1983 Imposition of Duties (No. 262) (Beer) Order, 1983 S.I. No. 126 of 1983 Imposition of Duties (No. 265) (Excise Duty on Hydrocarbon Oils) Order, 1983 S.I. No. 213 of 1983 Imposition of Duties (No. 266) (Tobacco Products) Order, 1983 S.I. No. 398 of 1983 Imposition of Duties (No. 267) (Beer) (No. 2) Order, 1983
\nValue-Added Tax Interpretation (
\n).
\n84.—In this Part— “the Act of 1976” means the Finance Act, 1976 ; “the Act of 1983” means the Finance Act, 1983 ; “the Principal Act” means the Value-Added Tax Act, 1972 .
\nAmendment of section 1 (interpretation) of Principal Act.
\n85.—
\nof the Principal Act is hereby amended— (a) by the insertion in subsection (1) after the definition of “business” of the following definition: “clothing' does not include footwear;”, and (b) by the insertion in the said subsection (1) after the definition of “flat-rate farmer” of the following definition: “‘footwear’ includes shoes, boots, slippers and the like but does not include stockings, under-stockings, socks, ankle-socks or similar articles or footwear without soles or footwear which is or incorporates skating or swimming equipment;”.
\nAmendment of section 8 (accountable persons) of Principal Act.
\n86.—
\nof the Principal Act is hereby amended— (a) in subsection (1) (inserted by the Finance Act, 1978 ) by the insertion after “in the course” of “or furtherance”, (b) in subsection (3) (inserted by the Finance Act, 1978 )— (i) in subparagraph (c) (ii) (inserted by the Finance (No. 2) Act, 1981 ), by the insertion after “taxable goods” of “(not being goods chargeable at either of the rates specified in paragraphs (a) and (c) of subsection (1) of section 11 which were produced or manufactured by him wholly or mainly from materials chargeable at the rate specified in paragraph (b) of that subsection)”, and (ii) by the substitution of the following paragraph for paragraph (e) (inserted by the Finance (No. 2) Act, 1981 ): “(e) a person, other than a person to whom paragraph (a), (b) or (c) applies, for whose supply of taxable goods and services the total consideration has not exceeded and is not likely to exceed £12,000 in any continuous period of twelve months:
\nProvided that, where in the case of two or more persons one of whom exercises control over one or more of the other persons, supplies of goods of the same class or of services of the same nature are made by two or more of those persons, the total of the consideration relating to the said supplies shall, for the purposes of the application of paragraphs (c) and (e) in relation to each of the persons aforesaid who made the said supplies be treated as if all of the supplies in question had been made by each of the last-mentioned persons.”, and (c) by the insertion after subsection (3A) (inserted by the Finance Act, 1982 ) of the following subsection: “(3B) In this section ‘control’, in relation to a body corporate, means the power of a person to secure, by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate, that the affairs of the first-mentioned body corporate are con ducted in accordance with the wishes of that person, and, in relation to a partnership, means the right to a share of more than one-half of the assets, or of more than one-half of the income, of the partnership.”.
\nAmendment of section 11 (rates of tax) of Principal Act.
\n87.—
\nof the Principal Act is hereby amended— (a) in subsection (1) (inserted by the Value-Added Tax (Amendment) Act, 1978 )— (i) by the insertion after paragraph (aa) (inserted by the Act of 1983) of the following paragraph: “(aaa) 8 per cent of the amount on which tax is chargeable in relation to the supply of goods of a kind specified in the Seventh Schedule,”, and (ii) by the insertion in paragraph (c) (inserted by the Finance Act, 1980 ) after “(aa)” of “, (aaa)”, (b) in subsection (7) (inserted by the Act of 1976), by the insertion in paragraph (e) (i) after “subsection (1) (aa)” of “, subsection (1) (aaa)”, and (c) in subsection (8), by the substitution in paragraph (a) (inserted by the Finance Act, 1973 ) of “Second, Third, Sixth or Seventh” for “Second, Third or Sixth”.
\nAmendment of section 15 (charge of tax on imported goods) of Principal Act.
\n88.—
\nof the Principal Act is hereby amended by the insertion after paragraph (aa) (inserted by the Act of 1983) of subsection (1) of the following paragraph: “(aaa) on goods of a kind specified in the Seventh Schedule at the percentage specified in section 11 (1) (aaa) of the value of the goods, and”.
\nAmendment of section 18 (inspection and removal of records) of Principal Act.
\n89.—
\nof the Principal Act is hereby amended— (a) by the substitution of the following subsection for subsection (1): “(1) (a) For the purposes of this Act and regulations, an authorised officer may at all reasonable times enter any premises or place where he has reason to believe that business is carried on or anything is done in connection with business and— (i) may require the person carrying on the business, or any person on those premises or in that place who is employed by the person carrying on the business or who is associated with him in the carrying on of the business, to produce any books, records, accounts or other documents relating to the business or to any other business which he has reason to believe may be, or have been, connected with the said business or have, or have had, trading relations with the said business, (ii) may, if he has reason to believe that any of the books, records, accounts or other documents, which he has required to be produced to him under the provisions of this subsection have not been so produced, search in those premises or that place for those books, records, accounts or other documents, (iii) may, in the case of any such books, records, accounts or other documents produced to or found by him, take copies of or extracts from them and remove and retain them for such period as may be reasonable for their further examination or for the purposes of any proceedings for the recovery of a penalty in relation to tax, (iv) may, if he has reason to believe that goods connected with taxable supplies or importations are held on those premises or in that place and that particulars of such goods have not been kept and retained, as required by this Act or by regulations, in the books, records, accounts or other documents of the business or of any other business similarly required to keep and retain particulars of those goods, search those premises or that place for the said goods and, on their discovery, examine and take particulars of them, (v) may require the person carrying on the business, or any person on those premises or in that place, who is employed by the person carrying on the business or who is associated with him in the carrying on of the business, to give the authorised officer all reasonable assistance. (b) Nothing in this subsection shall be construed as requiring any person carrying on a profession, or any person employed by any person carrying on a profession, to produce to an authorised officer any documents relating to a client, other than such documents as are material to the tax affairs of the person carrying on the profession, and, in particular, he shall not be required to disclose any information or professional advice of a confidential nature given to a client.”,
\nand (b) by the deletion of subsection (2).
\nAmendment of section 26 (penalties generally) of Principal Act.
\n90.—
\nof the Principal Act is hereby amended, as respects non-compliance occurring on or after the date of passing of this Act— (a) in subsection (1), by the deletion of “18 (2)”, and (b) in subsection (3A), by the substitution of “subsection (3) of section 18 or with a requirement of an authorised officer under that section” for “section 18 (3)”.
\nAmendment of section 32 (regulations) of Principal Act.
\n91.—
\nof the Principal Act is hereby amended— (a) by the insertion in subsection (1) after paragraph (v) of the following paragraph: “(w) the determination of average build for the purposes of paragraph (xvii) of the Second Schedule;”, and (b) by the insertion in subsection (2A) after “section 15” of “or in relation to the matter specified in subsection (1) (w)”.
\nAmendment of Second Schedule to Principal Act.
\n92.—The Second Schedule (inserted by the Act of 1976) to the Principal Act is hereby amended— (a) by the substitution for paragraph (xvii) of the following paragraph: “(xvii) articles of children's personal clothing of sizes which do not exceed the sizes of those articles appropriate to children of average build of 10 years of age (a child whose age is 10 years or 10 years and a fraction of a year being taken for the purposes of this paragraph to be a child of 10 years of age), but excluding— (a) articles of clothing made wholly or partly of fur skin other than garments merely trimmed with fur skin, unless the trimming has an area greater than one-fifth of the area of the outside material, and (b) articles of clothing which are not described, labelled, marked or marketed on the basis of age or size;”, and (b) by the substitution for paragraph (xviii) of the following paragraphs: “(xviii) sanitary towels and sanitary tampons; (xviiia) footwear;”.
\nAmendment of Third Schedule to Principal Act.
\n93.—The Third Schedule (inserted by the Act of 1976) to the Principal Act is hereby amended— (a) in Part I— (i) by the deletion in paragraph (x) (b) of “concrete,”, and (ii) by the insertion in paragraph (xxviii) after “Second” of “, Sixth or Seventh”, and (b) in Part II, by the substitution of the following paragraph for paragraph (viii): “(viii) the hiring of goods specified in paragraphs (xvii) and (xviii) of the Second Schedule and paragraph (i) of the Seventh Schedule.”.
\nAmendment of Sixth Schedule to Principal Act.
\n94.—The Sixth Schedule (inserted by the Act of 1983) to the Principal Act is hereby amended— (a) by the insertion after paragraph (ii) of the following paragraph: “(iia) concrete ready to pour;”, and (b) by the insertion after paragraph (iii) of the following paragraph: “(iiia) promotion of or admission to live theatrical or musical performances, including circuses, but not including— (a) dances to which section 11 (7) relates, or (b) performances in conjunction with which facilities are available for the consumption of food or drink during all or part of the performance by persons attending the performance;”.
\nInsertion of Seventh Schedule in Principal Act.
\n95.—The Principal Act is hereby amended by the insertion after the Sixth Schedule (inserted by the Act of 1983) of the following Schedule: “SEVENTH SCHEDULE Goods Chargeable at the Rate Specified in Section 11 (1) (aaa) (i) Articles of personal clothing and textile handkerchiefs, excluding— (a) articles of clothing made wholly or partly of fur skin, other than garments merely trimmed with fur skin unless the trimming has an area greater than one-fifth of the area of the outside material, and (b) articles of personal clothing of a kind specified in paragraphs (xvii) and (xviii) of the Second Schedule; (ii) (a) fabrics, yarn, thread and leather, of a kind normally used in the manufacture of clothing, including elastics, tapes and padding materials in the form supplied for the manufacture of clothing, and (b) yarn of a kind normally used in the manufacture of clothing fabrics.”.
\nRate of tax in relation to short-term hiring of certain goods.
\n96.—Notwithstanding the provisions of section 11 of the Principal Act, the rate of value-added tax chargeable on the following services shall be 18 per cent. of the amount in respect of which tax is chargeable in relation to those services: (a) the service specified in paragraph (ii) of Part II of the Third Schedule to the Principal Act, and (b) the service consisting of the hiring to a person, under an agreement of the kind specified in the said paragraph (ii) of a tent or of a vehicle designed and constructed, or adapted, for the conveyance of persons by road.
\nStamp Duties Levy on banks.
\n97.—(1) In this section— “assessable amount” means the amount arrived at by dividing the specified amount by three and deducting £10,000,000 from the quotient; “bank” means a person who, on the 1st day of September, 1983, was the holder of a licence granted under section 9 of the Central Bank Act, 1971 ; “returns”, in relation to a bank, means the returns, entitled “MONTHLY RETURN OF ALL LICENSED BANKS: RESIDENT BRANCHES”, furnished to the Central Bank of Ireland by the bank in respect of the assets and liabilities of the bank as on the 30th day of September, 1983, the 19th day of October, 1983, and the 16th day of November, 1983; “specified amount” in relation to a bank, means the amount obtained by deducting the aggregate of the sums shown in respect of Item 302.2 in supplement 1 of the returns of the bank from the aggregate of all sums shown in respect of Items 107 and 108 as liabilities of the bank in such returns.
\nProvided that in the case where the assessable amount shown in the statement does not exceed £100,000,000 stamp duty of an amount equal to 0.2 per cent. of the assessable amount shown therein shall be charged.
\nAmendment of section 92 (levy on certain premiums of insurance) of Finance Act, 1982.
\n98.—
\nof the Finance Act, 1982 , is hereby amended by the insertion after subsection (7) of the following subsection: “(8) (a) In this subsection— ‘life insurance amount’ means so much of an assessable amount as consists of relevant premiums received on or after the 1st day of July 1984, in respect of business in classes I, II, III, IV, V, VI, VIII, and IX of the Annex to First Council Directive 79/267/EEC of 5 March 1979 (OJ No. L 63,13/3/1979); ‘relevant premium’ means— (i) in the case of a contract of insurance made on or after the 1st day of July, 1983, a premium or part of a premium received in pursuance of the contract in the period of twelve months from the date on which the first payment of the premium or part of the premium is made, and (ii) in the case where a premium under a contract of insurance, whensoever made, is increased, the amount by which the premium is increased and which is received in the period of twelve months from the date on which the first payment of the increased amount or part of the increased amount is made. (b) An insurer shall, within 30 days from the end of the quarter ending on the 30th day of September, 1984, and within 30 days from the end of each quarter thereafter, deliver to the Revenue Commissioners a statement in writing showing the life insurance amount for that insurer for that quarter. (c) There shall be charged on every statement delivered in pursuance of paragraph (b) of this subsection a stamp duty of an amount equal to one and two-thirds per cent. of the life insurance amount shown therein. (d) Subsections (4), (5), (6) and (7) of this section shall apply to any statement required by paragraph (b) of this subsection to be delivered by an insurer in all respects as if such statement were a statement in respect of an assessable amount. (e) In relation to the quarter ending on the 30th day of September, 1984, and each subsequent quarter, any premiums received by an insurer in respect of business in the classes referred to in the definition of ‘life insurance amount’ shall not be included in the assessable amount for the purposes of subsections (2) and (3) of this section.”.
\nAmendment of section 93 (exemption of certain instruments from stamp duty) of Finance Act, 1982.
\n99.—Subsection (5) of section 93 of the Finance Act, 1982 , is hereby amended by the substitution of “three years” for “two years”, and the said subsection (5), as so amended, is set out in the Table to this section.
\nTABLE
\nAmendment of section 49 (exemption of certain instruments from stamp duty) of Finance Act, 1969.
\n100.—(1)
\nof the Finance Act, 1969 , is hereby amended by the insertion after subsection (2A) (inserted by the Finance Act, 1981 ) of the following subsection: “(2B) Notwithstanding subsections (2) and (2A) of this section, subsection (1) of this section shall have effect in relation to an instrument if, but (apart from the said subsections (2) and (2A)) only if, it is shown to the satisfaction of the Revenue Commissioners that the Minister for the Environment has certified that he is satisfied, on the basis of the information available to him at the time of so certifying, that the total floor area of the said house measured in the manner referred to in section 4
\nStamp duty on bills of exchange and promissory notes.
\n101.—(1) The Stamp Act, 1891, is hereby amended by the substitution for section 7 of the following section: “7. Any stamp duties of an amount not exceeding 7p upon instruments which are permitted by law to be denoted by adhesive stamps not appropriated by any word or words on the face of them to any particular description of instrument shall, if denoted by adhesive stamps, be denoted by adhesive stamps issued by the Revenue Commissioners.”.
\n(2)
\nof the Finance Act, 1970 , is hereby amended by the substitution of “7p” for “5p” (inserted by the Finance Act, 1982 ) in both places where it occurs.
\nAmendment of section 17 (stamp duty in respect of credit cards and charge cards) of Finance (No. 2) Act, 1981.
\n102.—
\nof the Finance (No. 2) Act, 1981 , is hereby amended— (a) in subsection (1) (c), by the substitution of “£10” for “£5”, (b) in subsection (2), by the substitution of “£5” for “£2.50”., and (c) in paragraph (d) (ii) (inserted by the Finance Act, 1983 ) of subsection (2), by the substitution of “£10” for “£5”.
\nRevocation of Order.
\n103.—The Imposition of Duties (No. 268) (Stamp Duty on Bills of Exchange, Promissory Notes, Credit Cards and Charge Cards) Order, 1984 (S.I. No. 34 of 1984), is hereby revoked.
\nCapital Acquisitions Tax
\nDiscretionary Trusts Interpretation (Part V).
\n104.—In this Part— “the Principal Act” means the Capital Acquisitions Tax Act, 1976 ; “object”, in relation to a discretionary trust, means a person for whose benefit the income or capital, or any part of the income or capital, of the trust property is applied, or may be applied; “principal objects”, in relation to a discretionary trust, means such objects, if any, of the trust for the time being as are— (a) the spouse of the disponer, (b) the children of the disponer, or (c) the children of a child of the disponer where such child predeceased the disponer.
\nAmendment of section 2 (interpretation) of Principal Act.
\n105.—
\nTABLE “discretionary trust” means any trust whereby, or by virtue or in consequence of which, property is held on trust to accumulate the income or part of the income of the property, or any trust whereby, or by virtue or in consequence of which, property (other than property to which for the time being a person is beneficially entitled for an interest in possession) is held on trust to apply, or with a power to apply, the income or capital or part of the income or capital of the property for the benefit of any person or persons or of any one or more of a number or of a class of persons whether at the discretion of trustees or any other person and notwithstanding that there may be a power to accumulate all or any part of the income;
\nAcquisitions by discretionary trusts.
\n106.—(1) Where, on or after the 25th day of January, 1984, under or in consequence of any disposition, property becomes subject to a discretionary trust (which expression has in this Part the meaning assigned to it by the Principal Act as amended by section 105 ) otherwise than for full consideration in money or money's worth paid by the trustees of the trust, the trust shall be deemed, on— (a) the date on which that property becomes or became subject to the discretionary trust; (b) the date of death of the disponer; or (c) where there are principal objects of the trust, the date on which there ceases to be a principal object of the trust who is under the age of 25 years, whichever date is the latest, to become or to have become beneficially entitled in possession to an absolute interest in so much, if any, of that property or of property representing that property and of accumulations of income thereof or of property representing those accumulations as remains subject to the discretionary trust on that latest date, and to take or to have taken an inheritance accordingly as if the trust, and the trustees as such for the time being of the trust, were together a person for the purposes of the Principal Act, and that latest date shall be the date of the inheritance.
\nApplication of Principal Act.
\n107.—In relation to a charge for tax arising by reason of the provisions of section 106 — (a) a reference in section 16 of the Principal Act to a company controlled by the successor shall be construed as including a reference to a company that is under the control of any one or more of the following, that is to say, the trustees of the discretionary trust, the living objects of the discretionary trust, the relatives of those objects, and nominees of those trustees or of those objects or of the relatives of those objects; (b) section 21 of the Principal Act shall apply, with the modification that the valuation date of the taxable inheritance shall be— (i) the date of the inheritance, or (ii) the valuation date ascertained in accordance with that section, whichever is the later, and with any other necessary modifications; (c) a person who is a trustee of the discretionary trust concerned for the time being at the date of the inheritance or at any date subsequent thereto shall be a person primarily accountable for the payment of the tax; (d) an object of the discretionary trust concerned to whom or for whose benefit any of the property subject to the trust is applied or appointed shall also be accountable for the payment of tax the charge in respect of which has arisen prior to the date of the application or appointment of the property to him or for his benefit, and the Principal Act shall have effect, in its application to that charge for tax, as if that object of the discretionary trust were a person referred to in section 35
\nExemptions.
\n108.—
\nshall not apply or have effect in relation to a discretionary trust which is shown to the satisfaction of the Commissioners to have been created exclusively— (a) for public or charitable purposes in the State or Northern Ireland; (b) for the purposes of— (i) any scheme for the provision of superannuation benefits on retirement established by or under any enactment or by or under an instrument made under any enactment, or (ii) any sponsored superannuation scheme within the meaning of subsection (9) of section 235 of the Income Tax Act, 1967 , or a trust scheme or part of a trust scheme approved by the Commissioners under that section or section 235A of that Act; (c) for the purposes of a registered unit trust scheme within the meaning of the Unit Trusts Act, 1972 ; (d) (i) for the benefit of one or more named individuals, and (ii) for the reason that such individual, or all such individuals, is or are, because of age or improvidence, or of physical, mental or legal incapacity, incapable of managing his or their affairs; or (e) for the purpose of providing for the upkeep of a house or garden referred to in section 39 of the Finance Act, 1978 .
\nComputation of tax.
\n109.—The tax chargeable on the taxable value of a taxable inheritance which is charged to tax by reason of the provisions of section 106 shall be computed at the rate of three per cent. of such taxable value.
\nRevised Computation Amendment of certain sections of Principal Act.
\n110.—(1)
\nof the Principal Act is hereby amended by the substitution of the following subsection for subsections (3) and (4): “(3) Subsection (2) applies to a gift where— (a) the aggregate of the taxable values of all taxable gifts taken by the donee on or after the 2nd day of June, 1982, exceeds an amount which is 80 per cent. of the threshold amount (as defined in the Second Schedule) which applies in the computation of the tax on that aggregate, or (b) the donee is required by notice in writing by the Commissioners to deliver a return.”.
\n(3)
\nof the Principal Act is hereby amended by the substitution of the following subsection for subsection (1): “(1) Where any person takes a benefit for public or charitable purposes he shall be deemed— (a) for the purposes of sections 5 (1) and 11 (1), to have taken that benefit beneficially, and (b) for the purposes of the Second Schedule, to have taken a gift or an inheritance accordingly to which the class threshold of £10,000 applies.”.
\n(4)
\nof the Principal Act (as extended by the Finance Act, 1978 ) is hereby amended by the deletion of “from the same disponer” in subsection (2) (a).
\n(5)
\nof the Principal Act (as amended by the Finance Act, 1978 ) is hereby amended by the deletion of “from the same disponer” in subsection (2).
\nAmendment of Second Schedule to Principal Act.
\n111.—The Second Schedule to the Principal Act is hereby amended— (a) in Part I, by the substitution of the following paragraphs for paragraphs 1 to 5 and 7: “1. In this Schedule— ‘class threshold’, in relation to a taxable gift or a taxable inheritance taken on a particular day, means— (a) £150,000, where the donee or successor is on that day the spouse, child, or minor child of a deceased child, of the disponer; (b) £20,000, where the donee or successor is, on that day, a lineal ancestor, a lineal descendant (other than a child, or a minor child of a deceased child), a brother, a sister, or a child of a brother or of a sister, of the disponer; (c) £10,000, where the donee or successor does not, on that day, stand to the disponer in a relationship referred to in subparagraph (a) or (b); ‘revised class threshold’, in relation to a taxable gift or a taxable inheritance included in any aggregate of taxable values under the provisions of paragraph 3, means— (a) the class threshold that applies to that taxable gift or taxable inheritance, or (b) the total of the taxable values of all the taxable gifts and taxable inheritances to which that class threshold applies and which are included in that aggregate, whichever is the lesser:
\nProvided that where the revised class threshold so ascertained is less than the smallest of the class thresholds that apply in relation to all of the taxable gifts and taxable inheritances included in that aggregate, the revised class threshold shall be that smallest class threshold; ‘Table’ means the Table contained in Part II of this Schedule; ‘threshold amount’, in relation to the computation of tax on any aggregate of taxable values under the provisions of paragraph 3, means the greatest of the revised class thresholds that apply in relation to all of the taxable gifts and taxable inheritances included in that aggregate.
\nProvided that the tax so chargeable on the taxable value of a taxable gift or a taxable inheritance shall not be greater than an amount equal to the tax computed at the rate or rates applicable under the Table to such part of the aggregate of the values referred to in subparagraphs (a) and (b) as is the highest part of that aggregate and is equal to that taxable value.
\nThe threshold amount Nil The next £10,000 20 The next £40,000 30 The next £50,000 35 The next £50,000 40 The next £50,000 45 The balance 55 ”.
\nApplication of
\n.
\n112.—This Chapter shall have effect in relation to gifts and inheritances taken on or after the 26th day of March, 1984.
\nCertificate of Discharge Extension of section 48 (receipts and certificates) of Principal Act.
\n113.—
\nof the Principal Act is hereby amended, with respect to gifts and inheritances taken on or after the 2nd day of June, 1982, by the insertion after subsection (4) of the following subsections: “(5) Subject to the provisions of subsection (6), where tax is chargeable on the taxable value of a taxable gift or taxable inheritance and— (a) after the expiration of two years from the valuation date of such taxable gift or taxable inheritance, application is made to the Commissioners by any person (in this section referred to as the applicant)— (i) who is a person accountable, but not primarily accountable, for the payment of the whole or part of the tax, or (ii) who is the personal representative of any person referred to in subparagraph (i), and (b) the applicant delivers to the Commissioners a full statement of all the property comprised in the taxable gift or taxable inheritance and of such particulars as may be relevant to the assessment of the tax, together with such evidence as they require relating to such property or particulars, the Commissioners may determine the amount of the tax that is recoverable from the applicant, and on payment of the tax so determined, the Commissioners shall give a certificate of their determination, in such form as they think fit, which shall discharge the applicant from any further claim for tax in respect of the taxable gift or taxable inheritance.
\nMiscellaneous Capital Services Redemption Account.
\n114.—(1) In this section— “the principal section” means section 22 of the Finance Act, 1950 ; “the 1983 amending section” means section 117 of the Finance Act, 1983 ; “the thirty-fourth 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.
\nCare and management of taxes and duties.
\n115.—All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
\nShort title, construction and commencement.
\n116.—(1) This Act may be cited as the Finance Act, 1984.
\n(2)
\n(so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.
\n(3)
\n(so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.
\n(4)
\nshall be construed together with the Value-Added Tax Acts, 1972 to 1983, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1984.
\n(5)
\nshall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.
\n(6)
\nshall be construed together with the Capital Acquisitions Tax Act, 1976 , and the enactments amending or extending that Act.
\n(7)
\nshall, save as is otherwise expressly provided therein, be deemed to have come into force and shall take effect as on and from the 6th day of April, 1984.
\n(8)
\nother than sections 84 , 86 , 89 , 90 , 93 (a) (i), 94 and 96 shall be deemed to have come into force and shall take effect as on and from the 1st day of May, 1984, and the said sections 84 , 93 (a) (i), 94 and 96 shall be deemed to have come into force and shall take effect as on and from the 1st day of March, 1984.
\nFIRST SCHEDULE Amendments of Enactments Sections 2 and 3 .
\nAmendments Consequential on Changes in Rates of Tax 1. The Income Tax Act, 1967 , is, in relation to income tax for the year 1984-85 and subsequent years of assessment, hereby amended in accordance with the following provisions: (a) in section 1
\nAmendments Consequential on Changes in Personal Reliefs The Income Tax Act, 1967 , is hereby amended in accordance with the following provisions: (a) in section 138 — (i) in paragraph (a), by the substitution of “£3,600” for “£2,900”, (ii) in paragraph (b), by the substitution of “£2,300” for “£1,950” and of “£3,600” for “£2,900”, and (iii) in paragraph (c) by the substitution of “£1,800” for “£1,450”, and (b) in section 138A, by the substitution of “£1,300” for “£950” and of “£1,800” for “£1,450”.
\nSECOND SCHEDULE Relief for Investment in Corporate Trades: Subsidiaries
\n.
\nFinance for trade of subsidiary 1. The shares issued by the qualifying company may, instead of or as well as being issued for the purpose mentioned in subsection (1) (b) of section 12 , be issued for the purpose of raising money for a qualifying trade which is being carried on by a subsidiary or which a subsidiary intends to carry on; and where shares are so issued subsections (1) (c), (4), (5), (7) (b) and (8) of that section shall have effect as if references to the company were or, as the case may be, included references to the subsidiary.
\nIndividuals qualifying for relief 2.—(1) In subsections (2), (4) and (6) of section 14 , references to a company (except, in each subsection, the first such reference) include references to a company which is during the relevant period a subsidiary of that company, whether it becomes a subsidiary before, during or after the year of assessment in respect of which the individual concerned claims relief and whether or not it is such a subsidiary while he is such a partner, director or employee as is mentioned in subsection (2) or while he has or is entitled to acquire such capital or voting power or rights as are mentioned in subsections (4) and (6).
\n(3)
\nValue received 3.—(1) In sections 18
\nInformation 4. Subsections (4) and (5) of section 24 shall have effect in relation to any such arrangements as are mentioned in section 26
\nTHIRD SCHEDULE Rates of Excise Duty on Tobacco Products
\n.
\nDescription of Product Rate of Duty Cigarettes £29.50 per thousand together with an amount equal to 15.39 per cent, of the price at which the cigarettes are sold by retail.
\nCigars £44.928 per kilogram Cavendish or negrohead £45.401 per kilogram Hard pressed tobacco £29.035 per kilogram Other pipe tobacco £36.497 per kilogram Other smoking or chewing tobacco £37.913 per kilogram FOURTH SCHEDULE
\n.
\nRates of Excise Duty on Wine Description of Wine Rate of Duty Still:
\nOf an actual alcoholic strength by volume not exceeding 15% vol £1.96 per litre Of an actual alcoholic strength by volume exceeding 15% vol but not exceeding 18% vol £2.84 per litre Of an actual alcoholic strength by volume exceeding 18% vol £3.71 per litre Sparkling £3.93 per litre Whether still or sparkling of an actual alcoholic strength by volume exceeding 22% vol:
\nAn additional duty for every 1% vol or fraction of 1% vol above 22% vol £0.23 per litre
\nRates of Excise Duty on Made Wine Description of Made Wine Rate of Duty Still:
\nOf an actual alcoholic strength by volume not exceeding 15% vol £1.87 per litre Of an actual alcoholic strength by volume exceeding 15% vol but not exceeding 18% vol £2.69 per litre Of an actual alcoholic strength by volume exceeding 18% vol £3.44 per litre Sparkling £3.64 per litre Whether still or sparkling of an actual alcoholic strength by volume exceeding 22% vol:
\nAn additional duty for every 1% vol or fraction of 1% vol above 22% vol £0.23 per litre FIFTH SCHEDULE Rates of Excise Duty on Cider and Perry
\n.
\nDescription of Cider and Perry Rate of Duty Of an actual alcoholic strength by volume not exceeding 6% vol £0.53 the gallon Of an actual alcoholic strength by volume exceeding 6% vol but not exceeding 8.7% vol £2.60 the gallon Of an actual alcoholic strength by volume exceeding 8.7% vol £8.50 the gallon Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán