{"html": "<div class=\"lf-doc\"><p class=\"lf-p\">(c) the person making the deduction shall, on proof of payment to the Revenue Commissioners of the amount so deducted, be acquitted and discharged of so much money as is represented by the deduction as if that sum had been actually paid to the person making the disposal.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>(a) Notwithstanding any other provision of the Tax Acts, this subsection shall apply for the purposes of regulating the time and manner in which the withholding tax deducted under this section shall be accounted for and paid. (b) The person who was required to deduct the withholding tax under this section shall, within 30 days of the date of the IREF taxable event, deliver to the Revenue Commissioners an account of the IREF taxable event and of the amount deducted. (c) The account referred to in paragraph (b) shall contain details of the following: (i) the name and tax reference number of the IREF in respect of which the IREF taxable event occurred; (ii) the name, address, TIN and unit holding of the unit holder in respect of whom the IREF taxable event occurred; (iii) the date on which the IREF taxable event occurred; (iv) the amount of the consideration paid or payable to the unit holder; (v) the amount of withholding tax deducted under this section. (d) Income tax which by virtue of this section is payable by a person shall— (i) be payable by that person in addition to any income tax which by virtue of any other provision of the Tax Acts is payable by that person, (ii) be due within 30 days of the IREF taxable event, and (iii) be payable by that person without the making of an assessment. (e) Where, in relation to any payment of withholding tax referred to in paragraph (b), any person has made default in delivering an account required by this section, or where the Revenue officer is not satisfied with the account, the officer may estimate the amount of the payment to the best of his or her judgment and, notwithstanding section 18, may assess and charge that person to income tax for the year of assessment in which the payment was made on the amount so estimated at the rate of 20 per cent.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The amount of withholding tax deducted in respect of a unit holder in accordance with this section shall be treated as a payment on account of the income tax chargeable on that unit holder on that IREF taxable event for that year of assessment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Repayment of withholding tax deducted in respect of a unit holder in accordance with this section in respect of an IREF taxable event shall be made to a relevant person, within the meaning of section 739Q, to the extent provided for in an arrangement made with the government of a territory outside the State having the force of law under the procedures set out in section 826(1) and the rate of tax in section 739O(2)(c) shall be the rate applicable pursuant to the relevant arrangement.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>A claim for repayment of any withholding tax deducted under this section which is in excess of the income tax chargeable on the IREF taxable event under section 739O shall be made by the unit holder in a return, made in accordance with Part 41A, and no other repayment of any amount of such withholding tax shall be made.</div>\n<p class=\"lf-p\">Retention and examination of documentation 739U. (1) An IREF shall keep and retain declarations made to it in accordance with Schedule 2C for a period of 6 years from the time the unit holder of the units in respect of which the declaration was made ceases to be such a unit holder.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>An IREF shall, on being so required by notice in writing given to the IREF by the Revenue Commissioners, make available to the Revenue Commissioners, within the time specified in the notice— (a) all declarations, certifications or notifications which have been made or, as the case may be, given to the IREF in accordance with Schedule 2C, or (b) such class or classes of such declarations, certificates or notifications as may be specified in the notice.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The Revenue Commissioners may examine or take extracts from or copies of any declarations, certificates or notifications made available to the Revenue Commissioners under subsection (2).</div>\n<p class=\"lf-p\">Transfer of IREF business to a company 739V. (1) In this section— ‘the Acts’ means the Tax Acts and the Capital Gains Tax Acts; ‘specified company’ means a company that is formed under the laws of, and is registered in, a Member State or an EEA state; ‘transferred business’ means the IREF business, the IREF assets and any assets ancillary to the IREF business referred to in subsection (2)(a)(i) or (ii), as the case may be.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section applies— (a) where an investment undertaking— (i) transfers the whole of its IREF business and its IREF assets, including any assets ancillary to the IREF business, or (ii) which carries out activities which would be regarded as dealing in or developing land and other IREF business, transfers the part of its IREF business and its IREF assets, including any assets ancillary to the IREF business, that relate to dealing in or developing land, to a specified company which is within the charge to corporation tax in respect of the transferred business and the charge to capital gains tax in respect of any IREF assets the disposal of which would not be within the charge to corporation tax, (b) (i) where shares in the specified company are issued to the unit holders in the investment undertaking in respect of and in proportion to (or as nearly as may be in proportion to) their unit holdings in the investment undertaking, (ii) all of the shares issued are ordinary shares with equal rights, and (iii) the investment undertaking receives no part of the consideration for the transfer referred to in paragraph (a) (otherwise than by the specified company taking over the whole or part of the liabilities of its business), (c) where upon completion of the transfer referred to in paragraph (a), the investment undertaking has no assets that relate to the transferred business, (d) where the shares concerned are issued on or before 1 July 2017, and (e) where the investment undertaking does not carry on any business similar to the transferred business after the date of such transfer referred to in paragraph (a).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Subject to subsection (4), for the purpose of the Acts, in respect of a transfer to which this section applies— (a) the investment undertaking shall be deemed to have disposed of all assets in use for the purposes of the transferred business for the value at which they are carried in the accounts, (b) the specified company— (i) shall be deemed, as if it had been in existence since the commencement of the transferred business by the investment undertaking, in relation to the transferred business up to the date of transfer— (I) to have carried out all activities, incurred all expenses, acquired all assets, borrowed all monies, and monies borrowed at or about the time of the purchase of premises shall be treated as having been employed in the purchase of those premises, and earned all profits and incurred all losses of the investment undertaking, and (II) to have made all such claims for any allowances, deductions and reliefs as it would have been entitled to had it carried on the transferred business since its commencement, and shall, after the date of transfer, be subject to tax under the Acts as if it had carried out all transactions carried out by the investment undertaking prior to the transfer, and (ii) for the purpose of the Capital Gains Tax Acts shall be treated as if any assets included in the transfer were acquired by the specified company on the date of transfer for consideration equal to the value of the assets in the accounts of the investment undertaking, and (c) the unit holder shall not be treated as having disposed of the units or as having acquired the shares or any part of them, but the units (taken as a single asset) and the shares (taken as a single asset) shall be treated as the same asset acquired as the units were acquired.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>For the purposes of this Chapter, the transfer shall constitute an IREF taxable event but the investment undertaking, a unit holder and the specified company may jointly elect that the tax due under sections 739O and 739P becomes due and payable on the earlier of— (a) a date not later than 60 days after the disposal of the shares in the specified company, (b) the tenth anniversary of the date of the transfer, (c) the appointment of a liquidator to the specified company, or (d) the specified company ceasing to be resident, under the law of a Member State or an EEA state, in that territory for the purposes of tax, and the specified company shall, not later than 21 days after the date of the end of each of the calendar years which follow the year in which the transfer occurs, deliver a statement to the Revenue Commissioners, in the prescribed form, providing such information as may be required for the purposes of this subsection.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Any instrument giving effect to a transfer to which this section applies shall not be chargeable to stamp duty under the Stamp Duties Consolidation Act 1999 .</div>\n<p class=\"lf-p\">Transfer of IREF business to a REIT 739W. (1) In this section— ‘property rental business’ has the meaning assigned to it by Part 25A; ‘qualifying REIT’ means a company which was not a REIT prior to giving the notice referred to in subsection (2)(a); ‘REIT’ has the meaning assigned to it in Part 25A; ‘transferred business’ means the IREF business, the IREF assets and any assets ancillary to the IREF business referred to in subsection (2)(b).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section applies— (a) where notice is given to the Revenue Commissioners under section 705E specifying a date not later than 31 December 2017 in respect of a company which is to carry on the property rental business previously carried on as part of the IREF property business of an IREF, (b) where that IREF transfers the whole of its property rental business to the qualifying REIT referred to in paragraph (a), (c) (i) where ordinary shares in the qualifying REIT are issued to the unit holders in the IREF in respect of and in proportion to (or as nearly as may be in proportion to) their unit holdings in the IREF, and (ii) where the IREF receives no part of the consideration for the transfer referred to in paragraph (b) (otherwise than by the qualifying REIT taking over the whole or part of the liabilities of the property rental business transferred), (d) where the shares concerned are issued on or before 31 December 2017, and (e) where the IREF does not carry on any business similar to the transferred business after the date of transfer referred to in paragraph (b).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In respect of a transfer to which this section applies, for the purpose of the Capital Gains Tax Acts the unit holder shall not be treated as having disposed of the units or as having acquired the shares or any part of them, but the units (taken as a single asset) and the shares (taken as a single asset) shall be treated as the same asset acquired as the units were acquired.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>For the purposes of Part 25A and Chapters 1A and 1B of Part 27— (a) the IREF shall be treated as having disposed of, and (b) the qualifying REIT shall, notwithstanding section 705L(1), be treated as having acquired, all assets and liabilities of the transferred business for consideration equal to the value of those assets and liabilities in the accounts of the investment undertaking.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>For the purposes of this Chapter, the transfer referred to in subsection (2) shall constitute an IREF taxable event but the IREF, the unit holder and the qualifying REIT may jointly elect that the tax due under sections 739O and 739P becomes due and payable on the earlier of— (a) a date not later than 60 days after the disposal of the shares in the qualifying REIT, (b) the tenth anniversary of the date of the transfer, (c) the appointment of a liquidator to the qualifying REIT, or (d) the company ceasing to be a REIT, and the qualifying REIT shall, not later than 21 days after the date of the end of each of the calendar years which follow the year in which the transfer occurs, deliver a statement to the Revenue Commissioners, in the prescribed form, providing such information as may be required for the purposes of this subsection.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Any instrument giving effect to a transfer to which this section applies shall not be chargeable to stamp duty under the Stamp Duties Consolidation Act 1999 .</div>\n<p class=\"lf-p\">Application of this Chapter 739X. This Chapter shall apply to— (a) accounting periods commencing on or after 1 January 2017, or (b) where an investment undertaking’s immediately preceding accounting period ended on or after 31 December 2015 and a decision was made after 20 October 2016 to change the accounting period such that paragraph (a) would not apply, that accounting period commencing on or after 20 October 2016.”, and (c) by inserting the following after Schedule 2B: “SCHEDULE 2C Sections 739B, 739K and 739U Irish Real Estate Funds: Declarations Interpretation 1. In this Schedule— ‘appropriate person’, in relation to a pension scheme, means— (a) in the case of an exempt approved scheme (within the meaning of section 774), the administrator (within the meaning of section 770) of the scheme, (b) in the case of a retirement annuity contract to which section 784 or 785 applies, the person lawfully carrying on in the State the business of granting annuities on human life with whom the contract is made, and (c) in the case of a trust scheme to which section 784 or 785 applies, the trustees of the trust scheme; ‘IREF declaration’, in relation to a person means the declaration that that person would be required to make under section 739K and Schedule 2C.</p>\n<p class=\"lf-p\">Declaration of pension scheme 2. The declaration referred to in section 739K, in respect of a pension scheme referred to in paragraph (a) or (f) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by the person (in this paragraph referred to as the ‘declarer’) entitled to the units in respect of which the declaration is made, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) declares that, at the time when the declaration is made, the person entitled to the units is a pension scheme, (e) contains the name, address and TIN of the pension scheme, (f) contains a certificate by the appropriate person in relation to the pension scheme that, to the best of that person’s knowledge and belief, the declaration made in accordance with subparagraph (d) and the information furnished in accordance with subparagraph (e) are true and correct, (g) contains a certificate by the declarer stating whether or not the unit holder is a specified person after the application of section 739M, (h) attaches, where the scheme is one to which paragraph (f) of the definition of ‘specified person’ applies, supporting documentation evidencing equivalence, (i) contains an undertaking by the declarer that if the scheme becomes a specified person, the declarer will notify the IREF accordingly, and (j) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.</p>\n<p class=\"lf-p\">Declaration of PRSA Administrator 3. The declaration referred to in section 739K, in respect of a PRSA referred to in paragraph (a) or (f) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by a PRSA administrator (in this paragraph referred to as the ‘declarer’) in respect of units which are assets in a PRSA, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) declares that, at the time when the declaration is made, the units in respect of which the declaration is made— (i) are assets of a PRSA, and (ii) are managed by the declarer for the individual who is beneficially entitled to the units, (e) contains the name, address and TIN of the individual referred to in subparagraph (d), (f) contains an undertaking by the declarer that if the units cease to be assets of the PRSA, including a case where the units are transferred to another PRSA, the declarer will notify the IREF accordingly, (g) contains a certificate by the declarer stating whether or not the unit holder is a specified person after the application of section 739M, (h) attaches, where the PRSA is one to which paragraph (f) of the definition of ‘specified person’ applies, supporting documentation evidencing equivalence, (i) contains an undertaking by the declarer that if the PRSA becomes a specified person, the declarer will notify the IREF accordingly, and (j) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.</p>\n<p class=\"lf-p\">Declaration of investment undertaking 4. The declaration referred to in section 739K, in respect of an investment undertaking referred to in paragraph (b) or (f) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by the person (in this paragraph referred to as the ‘declarer’) entitled to the units in respect of which the declaration is made, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) declares that, at the time the declaration is made, the person entitled to the units is an investment undertaking, (e) contains the name, address and TIN of the investment undertaking, (f) contains a certificate by the declarer stating whether or not the unit holder is a specified person after the application of section 739M, (g) attaches, where the undertaking is one to which paragraph (f) of the definition of ‘specified person’ applies, supporting documentation evidencing equivalence, (h) contains an undertaking by the declarer that if the investment undertaking becomes a specified person, the declarer will notify the IREF accordingly, and (i) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.</p>\n<p class=\"lf-p\">Declaration of company carrying on life business 5. The declaration referred to in section 739K, in respect of a life assurance company referred to in paragraph (c) or (f) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by the person (in this paragraph referred to as the ‘declarer’) entitled to the units in respect of which the declaration is made, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) declares that, at the time when the declaration is made, the person entitled to the units is a company carrying on life business within the meaning of Part 26, (e) contains the name, address and TIN of the company, (f) contains a certificate by the declarer stating whether or not the unit holder is a specified person after the application of section 739M, (g) attaches, where the company is one to which paragraph (f) of the definition of ‘specified person’ applies, supporting documentation evidencing equivalence, (h) contains an undertaking by the declarer that if the company becomes a specified person, the declarer will notify the IREF accordingly, and (i) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.</p>\n<p class=\"lf-p\">Declaration of Charity 6. The declaration referred to in section 739K, in respect of a charity referred to in paragraph (d) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by the person (in this paragraph referred to as the ‘declarer’) entitled to the units in respect of which the undertaking is made, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) declares that, at the time when the declaration is made, the person entitled to the units is a person who— (i) is exempt from income tax under schedule D by virtue of section 207(1)(b), or (ii) is exempt from corporation tax by virtue of section 207(1)(b) as it applies for the purposes of corporation tax under section 76(6), (e) contains the name, address and TIN of that person, (f) contains a statement that at the time when the declaration is made the units in respect of which the declaration is made are held for charitable purposes only and— (i) form part of the assets of a body of persons or trust treated by the Revenue Commissioners as a body or trust established for charitable purposes only, or (ii) are, according to the rules or regulations established by statute, charter, decree, deed of trust or will, held for charitable purposes only and are so treated by the Revenue Commissioners, (g) contains an undertaking by the declarer that if the person mentioned in subparagraph (d) ceases to be a person referred to in subparagraph (d), the declarer will notify the IREF accordingly, and (h) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.</p>\n<p class=\"lf-p\">Declaration of Credit Unions 7. The declaration referred to in section 739K, in respect of a credit union referred to in paragraph (e) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by the person (in this paragraph referred to as the ‘declarer’) who is entitled to the units in respect of which the declaration is made, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) contains the name, address and TIN of the declarer, (e) declares that at the time when the declaration is made the person entitled to the units is a credit union, and (f) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.</p>\n<p class=\"lf-p\">Declaration of qualifying company 8. The declaration referred to in section 739K, in respect of a qualifying company referred to in paragraph (g) of the definition of ‘specified person’, is a declaration in writing to the IREF which— (a) is made by the person (in this paragraph referred to as the ‘declarer’) who is entitled to the units in respect of which the declaration is made, (b) is signed by the declarer, (c) is made in such form as may be prescribed or authorised by the Revenue Commissioners, (d) contains the name, address and TIN of the declarer, (e) declares that at the time when the declaration is made the person entitled to the units is a qualifying company, and (f) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1B of Part 27.”.</p>\n<h3 class=\"lf-part\">Chapter 5</h3>\n<p class=\"lf-p\">Corporation Tax Amendment of section 891H of Principal Act (country-by-country reporting) 24. (1) Section 891H of the Principal Act is amended— (a) by substituting the following for subsection (1): “(1) In this section— ‘constituent entity’, ‘MNE group’, ‘qualifying competent authority agreement’, ‘surrogate parent entity’, ‘systemic failure’ and ‘ultimate parent entity’ have the meanings given to them respectively by Article 1 of the OECD model legislation; ‘competent authority’ means a competent authority for the purposes of a qualifying competent authority agreement; ‘country-by-country report’, in relation to an MNE group, means a report that contains the information set out in subsection (4); ‘domestic constituent entity’ means a constituent entity, that is resident for the purposes of tax in the State, but does not include— (a) an ultimate parent entity, (b) a surrogate parent entity, or (c) an EU designated entity; ‘equivalent country-by-country report’ means a country-by-country report but only to the extent the information required to be included in that report is within the possession of, or is obtained or acquired by, a domestic constituent entity; ‘EU designated entity’ means a constituent entity of an MNE group, not being an ultimate parent entity or surrogate parent entity, that— (a) is resident in a Member State for tax purposes, and (b) has been designated as an entity by that MNE group to provide a country-by-country report on behalf of all constituent entities of the MNE group resident for tax purposes in a Member State; ‘fiscal year’ means an annual accounting period, or any such shorter accounting period, with respect to which the ultimate parent entity of the MNE group prepares its financial statements; ‘income tax’ means income tax or corporation tax or any foreign tax that corresponds to income tax or corporation tax in the State; ‘OECD’ means the Organisation for Economic Co-operation and Development; ‘OECD model legislation’ means the Model Legislation Related to Country-by-Country Reporting contained in Annex IV to Chapter V of the OECD Report of 2015; ‘OECD Report of 2015’ means the ‘Transfer Pricing Documentation and Country-by-Country Reporting, Action 13 - 2015 Final Report’ published by the OECD on 5 October 2015; ‘reporting entity’ has the meaning given to it by Article 1 of the OECD model legislation and shall be deemed to include an EU designated entity; ‘TIN’ means a unique identification number allocated to a constituent entity by a jurisdiction for the purposes of income tax and, in relation to the State, means a tax reference number within the meaning of section 885.”,</p>\n<p class=\"lf-p\">(b) in subsection (4)(b)(i) by inserting “and TIN” after “identification”, (c) by substituting the following for subsection (6): “(6) Regulations made under this section may, in particular— (a) make provision for a surrogate parent entity or an EU designated entity, as the case may be, to provide a country-by-country report to the Revenue Commissioners, (b) make provision for a domestic constituent entity to provide a country-by-country report or an equivalent country-by-country report to the Revenue Commissioners, (c) determine the date by which a surrogate parent entity or an EU designated entity is required to provide a country-by-country report, or a domestic constituent entity is required to provide a country-by-country report or an equivalent country-by-country report, as the case may be, to the Revenue Commissioners, (d) make provision to amend the information to be included in an equivalent country-by-country report required to be provided by a domestic constituent entity, (e) require an ultimate parent entity, a surrogate parent entity, an EU designated entity or a domestic constituent entity, as the case may be, to notify the Revenue Commissioners within the period specified, and in such manner as is specified, that the ultimate parent entity, surrogate parent entity, EU designated entity or domestic constituent entity, as the case may be, are such entities, (f) require a domestic constituent entity to notify the Revenue Commissioners, within the period specified, and in such manner as is specified, of the identity and jurisdiction of tax residence of the reporting entity, (g) provide for the serving of a notice to a domestic constituent entity that there has been a systemic failure by the state of tax residence of the ultimate parent entity, (h) specify and modify, as required, the manner and form in which a country-by-country report or an equivalent country-by-country report is to be provided, (i) make provision as to how information contained in a country-by-country report or an equivalent country-by-country report is to be used, (j) make provision for preserving the confidentiality of the information contained in a country-by-country report or an equivalent country- by-country report, (k) require a domestic constituent entity of an MNE group to request from the ultimate parent entity of that MNE group all the information required to complete a country-by-country report for the MNE group and, where the ultimate parent entity refuses to so provide all of the required information, require that domestic constituent entity to notify the Revenue Commissioners of that refusal within such period and in such manner as may be specified, and</p>\n<p class=\"lf-p\">(l) contain such supplemental and incidental matters as appear to the Revenue Commissioners to be necessary— (i) to enable entities to fulfil their obligations under this section or regulations made under this section, and (ii) for the operation, administration and implementation of this section or regulations made under this section.”, (d) in subsection (7) — (i) in paragraph (a) by inserting “or an equivalent country-by-country report” after “country-by-country report”, and (ii) in paragraph (b) by substituting “incorrect country-by-country report or equivalent country-by-country report, or an incomplete country-by-country report,” for “incorrect or incomplete country-by-country report”, (e) in subsection (8) — (i) in paragraph (a) by inserting “or an equivalent country-by-country report” after “country-by-country report”, (ii) in paragraph (b)(ii) by inserting “or equivalent country-by-country report, as the case may be,” after “country-by-country report”, and (iii) in paragraph (c)(ii) by inserting “or an equivalent country-by-country report” after “country-by-country report”, and (f) in subsection (10) by inserting “, in relation to a state other than a Member State,” after “provided that”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section applies as respects accounting periods ending on or after the date of the passing of this Act.</div>\n<p class=\"lf-p\">Amendment of Part 38 of Principal Act (returns of income and gains, other obligations and returns, and Revenue powers) 25. (1) Part 38 of the Principal Act is amended by inserting the following section after section 891G: “Disclosure of certain information for the purposes of administrative cooperation in the field of taxation 891GA. (1) This section provides for the disclosure by the competent authority of information connected with or supplementing the information required to be exchanged under the Regulations.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In this section— ‘advance cross-border ruling’ has the same meaning as it has in the Directive; ‘advance pricing arrangement’ has the same meaning as it has in the Directive; ‘competent authority’ means the Revenue Commissioners acting as the competent authority for the purposes of the Directive; ‘Directive’ means Council Directive 2011/16/EU of 15 February 20117 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC, as amended by Council Directive 2014/107/EU of 9 December 20148 and Council Directive (EU) 2015/2376 of 8 December 20159 ; ‘exchange information’ means the information described in Article 8a of the Directive that is required to be communicated by the competent authority under the Regulations; ‘Regulations’ means the European Union (Administrative Cooperation in the Field of Taxation) Regulations 2012; ‘relevant instrument’ means an advance cross-border ruling or an advance pricing arrangement.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The competent authority may, when providing exchange information in respect of a relevant instrument, provide the following information connected with or supplementary to that exchange information: (a) the reference, if any, assigned by the Revenue Commissioners to the relevant instrument; (b) where the relevant instrument is related to or connected with any other relevant instrument, information for the purpose of identifying that other relevant instrument; (c) in respect of a person to whom the relevant instrument relates, that person’s— (i) main business activity, (ii) annual turnover, and (iii) annual profits or losses; (d) whether an address provided in respect of a person is that person’s— (i) business address, (ii) legal address, or (iii) other form of address; (e) in respect of an advance pricing arrangement which uses more than one transfer pricing methodology, an explanation as to why more than one methodology was used; and (f) such other information as may be specified in a standard form adopted by the European Commission for the purpose of complying with its obligations under Article 20(5) of the Directive.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The competent authority may delegate to any of its officers any of the functions to be performed by the competent authority under this section.”.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Subsection (1) comes into operation on such day as the Minister for Finance may appoint by order.</div>\n<h3 class=\"lf-part\">Chapter 6</h3>\n<p class=\"lf-p\">Capital Gains Tax Amendment of section 597AA of Principal Act (revised entrepreneur relief) 26. (1) Section 597AA of the Principal Act is amended in subsection (3) by substituting “10 per cent” for “20 per cent”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section applies to disposals made on or after 1 January 2017.</div>\n<p class=\"lf-p\">Non-resident trusts 27. The Principal Act is amended in Chapter 3 of Part 19— (a) in section 579 by substituting the following for subsection (6): “(6) This section shall not apply— (a) in relation to a loss accruing to the trustees of the settlement, or (b) where it is shown to the satisfaction of the Revenue Commissioners that the settlement was established for bona fide commercial reasons and did not form part of an arrangement of which the main purpose or one of the main purposes was the avoidance of liability to capital gains tax.”, and (b) in section 579A by inserting the following after subsection (9): “(9A) This section shall not apply where it is shown to the satisfaction of the Revenue Commissioners that the settlement was established for bona fide commercial reasons and did not form part of an arrangement of which the main purpose or one of the main purposes was the avoidance of liability to capital gains tax.”.</p>\n<p class=\"lf-p\">Amendment of section 598 of Principal Act (disposals of business or farm on “retirement”) 28. (1) Section 598(3A) of the Principal Act is amended by substituting “the Minister for Agriculture, Food and the Marine in accordance with Regulation (EU) No. 508/2014 of the European Parliament and of the Council of 15 May 201410 ” for “the Minister for Agriculture, Fisheries and Food in accordance with Council Regulation (EC) No. 1198/2006 of 27 July 2006”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section shall come into operation on such day as the Minister for Finance, with the consent of the Minister for Agriculture, Food and the Marine, may, by order, appoint.</div>\n<p class=\"lf-p\">Amendment of section 604B of Principal Act (relief for farm restructuring) 29. Section 604B(1)(a) is amended in the definition of “relevant period” by substituting “31 December 2019” for “31 December 2016”.</p>\n<p class=\"lf-p\">Amendment of section 613 of Principal Act (miscellaneous exemptions for certain kinds of property) 30. (1) The Principal Act is amended in section 613 by substituting the following for subsection (7): “(7) (a) No chargeable gain shall arise on the receipt of an amount of compensation in money or money’s worth under the Cessation of Turf Cutting Compensation Scheme or the Protected Raised Bog Restoration Incentive Scheme administered by the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, relating to— (i) a European Site (within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 ( S.I. No. 477 of 2011 )) that contains raised bog, (ii) a Natural Heritage Area (within the meaning of section 2 of the Wildlife Act 1976 (No. 39 of 1976)) that contains raised bog, or (iii) any other lands which, in the opinion of the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, are necessary to achieve the restoration of a European Site or Natural Heritage Area, referred to in subparagraph (i) or (ii). (b) Any amount paid under the Protected Raised Bog Restoration Incentive Scheme for the voluntary purchase of land or under a management agreement within the meaning of Regulation 2 of the European Communities (Birds and Natural Habitats) Regulations 2011 shall be deemed to be an amount of compensation for the purposes of paragraph (a).”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section shall apply to amounts of compensation received on or after 1 October 2016 under the Schemes referred to in subsection (1).</div>\n<h3 class=\"lf-part\">PART 2</h3>\n<p class=\"lf-p\">Excise Amendment of Chapter 1 of Part 2 of Finance Act 2001 (interpretation, liability and payment) 31. Chapter 1 of Part 2 of the Finance Act 2001 is amended— (a) in section 96(1), in paragraph (a) of the definition of “registered consignee”, by substituting “section 109IA” for “section 109J(3) ”, and (b) by substituting the following for section 109A— “Authorisation of registered consignors 109A. (1) In this section— ‘applicant’ means a person who has applied in writing for authorisation under subsection (2); ‘authorised’ means authorised as a registered consignor under this section; ‘conditions of authorisation’ means the conditions referred to in subsection (2)(c).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Commissioners may, under this section, authorise a person, who has applied to them in writing, as a registered consignor— (a) for consignments of specific types of excisable products, (b) in respect of a premises or place, and (c) for such period, and subject to such conditions as they may think fit to impose in any particular case.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>The granting to, or the holding by, an applicant or holder, as the case may be, of an authorisation shall be conditional on the applicant or registered consignor complying with excise law in relation to excisable products, including the requirements of this Chapter relating to the systems (including the accounting and stock control systems) and procedures of the business to which the authorisation relates.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>The Commissioners shall grant an authorisation under subsection (2) only where it is shown to their satisfaction that— (a) the applicant can satisfy the conditions of authorisation, (b) the business activity to be carried out under the authorisation is to be undertaken with a view to the realisation of profits arising out of or related to legitimate trade in excisable products, (c) the activity to be carried out under the authorisation will be conducted solely for the benefit of the applicant, (d) the systems (including the accounting and stock control systems) and procedures of the business to which the application for the authorisation relates will provide a full and true record of all transactions of that business in a form readily accessible to the Commissioners, and (e) the premises or place in respect of which the authorisation is to be granted is suitable for the security of excisable products.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The Commissioners shall not grant an authorisation where the applicant or, where the applicant is a company, any director or person having control (within the meaning of section 11 of the Taxes Consolidation Act 1997 ) of that company— (a) has, in the 10 years prior to the date of the application for the authorisation, been convicted of— (i) any indictable offence under the Acts referred to in section 1078</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Taxes Consolidation Act 1997 , or (ii) any corresponding offence under the law of another Member State, (b) does not hold a current tax clearance certificate issued under section 1094 of the Taxes Consolidation Act 1997 , or (c) has been authorised previously as— (i) a registered consignor under this section, (ii) an authorised warehousekeeper under section 109, or (iii) a registered consignee under section 109IA, where there has been a contravention of, or a failure to comply with, the conditions of that previous authorisation and the applicant has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The details of an authorisation granted under subsection (2), including the conditions of authorisation, shall be set down in a document, referred to in this section as an ‘authorisation document’.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>An authorisation document shall be signed by the applicant and by an officer, and it shall, unless another date is specified, be effective from the later of— (a) the date on which it is signed by the applicant, and (b) the date on which it is signed by the officer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Before any excisable products are consigned by a registered consignor, that registered consignor shall provide security, valid throughout the European Union, at a level specified in the authorisation document, for the excise duty on such consignment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>A registered consignor shall inform an officer of any changes or proposed changes that are relevant to the conditions of authorisation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>The Commissioners may at any time, following such notice as is reasonable in the circumstances, vary the conditions of authorisation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>Where a registered consignor is a company, the authorisation shall expire immediately upon a change of control, within the meaning of section 11 of the Taxes Consolidation Act 1997 , of such company.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>(a) Where a registered consignor has ceased, or intends to cease, carrying out the activities for which an authorisation was granted to it, it shall— (i) where the registered consignor has ceased carrying out those activities, notify the Commissioners in writing of the date those activities ceased, and (ii) where the registered consignor intends to cease carrying out those activities, notify the Commissioners in writing of that intention and the date on which the registered consignor intends to cease to carry out those activities. (b) An authorisation granted to a registered consignor under this section shall stand revoked from such date as is specified in a notification given to the Commissioners in accordance with paragraph (a).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>An authorisation under this section is at all times subject to the conditions of authorisation, and the Commissioners may revoke an authorisation where— (a) the registered consignor or, where the registered consignor is a company, any director or person having control (within the meaning of section 11 of the Taxes Consolidation Act 1997 ) of that company has in the preceding 10 years been convicted of— (i) any indictable offence under the Acts referred to in section 1078</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Taxes Consolidation Act 1997 , or (ii) any corresponding offence under the law of another Member State, (b) the Commissioners are satisfied that there has been a contravention of, or failure to comply with, a requirement of excise law in relation to the excisable products for which the authorisation was granted by— (i) the registered consignor, or (ii) where the holder of the authorisation is a company, any director or person having control (within the meaning of section 11 of the Taxes Consolidation Act 1997 ) of that company, and the registered consignor or the person referred to in subparagraph (ii), as the case may be, has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied, (c) the Commissioners are satisfied that there has been a contravention of, or failure to comply with, any of the conditions of authorisation by the registered consignor and the registered consignor has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied, (d) the registered consignor, when applying for that authorisation, provided information that was false or misleading in a material respect, (e) the registered consignor does not, when required to do so by the Commissioners, show to the satisfaction of the Commissioners that the activity carried out under the authorisation is undertaken with a view to the realisation of profits arising out of or related to legitimate trade in excisable products, (f) the registered consignor does not, when required to do so by the Commissioners, show to the satisfaction of the Commissioners that the activity carried out under the authorisation is conducted solely for the benefit of the registered consignor, (g) the registered consignor does not, when required to do so by the Commissioners, show to the satisfaction of the Commissioners that the systems (including the accounting and stock control systems) and procedures of the business to which the authorisation relates provide a full and true record of all transactions of that business in a form readily accessible to the Commissioners, or (h) the registered consignor does not, when required to do so by the Commissioners, show to their satisfaction that the premises or place in respect of which the authorisation was granted is suitable for the security of those excisable products.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(14)</span>Where the Commissioners propose to revoke an authorisation under this section, they shall notify the registered consignor concerned in writing of their intention, and afford such registered consignor a period of at least 15 working days from the date of that notification to make representations to them in relation to the matter.”.</div>\n<p class=\"lf-p\">Amendment of Chapter 2A of Part 2 of Finance Act 2001 (intra-European Union movement under a suspension arrangement) 32. Chapter 2A of Part 2 of the Finance Act 2001 is amended— (a) in section 109B, in the definition of “temporary registered consignee”, by substituting “authorisation is limited accordingly under section 109IA” for “registration is limited accordingly under section 109J(3) ”, (b) by inserting the following after section 109I— “Authorisation of registered consignees 109IA. (1) In this section— ‘applicant’ means a person who has applied in writing for authorisation under subsection (2); ‘authorised’ means authorised as a registered consignee under this section; ‘conditions of authorisation’ means the conditions referred to in subsection (2)(b).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The Commissioners may, under this section, authorise a person who has applied to them in writing as a registered consignee— (a) for consignments of specific types of excisable products, and (b) for such period, and subject to such conditions as the Commissioners may think fit to impose.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Without prejudice to the generality of subsection (2)(b), an authorisation under subsection (2) may be limited to— (a) a specified quantity of excisable products, (b) a single consignment, (c) a single consignor, or (d) a specified period, in any case where consignments are to be delivered only occasionally.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>A registered consignee shall— (a) provide security for the excise duty on every consignment to be received, before such consignment is dispatched, and (b) enter in its accounts details of excisable products received under a duty suspension arrangement, at the end of the movement of such excisable products.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>The granting to an applicant, or the holding by a registered consignee, as the case may be, of an authorisation shall be conditional on the applicant or registered consignee complying with excise law in relation to excisable products, including the requirements of this Chapter relating to the systems (including the accounting and stock control systems) and procedures of the business to which the authorisation relates.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>The Commissioners shall grant an authorisation under subsection (2) only where it is shown to their satisfaction that— (a) the applicant can satisfy the conditions of authorisation, (b) the business activity to be carried out under the authorisation is to be undertaken with a view to the realisation of profits arising out of or related to legitimate trade in excisable products, (c) the activity to be carried out under the authorisation will be conducted solely for the benefit of the applicant, (d) the systems (including the accounting and stock control systems) and procedures of the business to which the application for the authorisation relates will provide a full and true record of all transactions of that business in a form readily accessible to the Commissioners, and (e) the applicant has a secure premises or place to which consignments are to be delivered, and where they can be examined as required by an officer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>The Commissioners shall not grant an authorisation where an applicant or, where the applicant is a company, any director or person having control (within the meaning of section 11 of the Taxes Consolidation Act 1997 ) of that company— (a) has, in the 10 years prior to the date of the application for the authorisation, been convicted of— (i) any indictable offence under the Acts referred to in section 1078</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Taxes Consolidation Act 1997 , or (ii) any corresponding offence under the law of another Member State, (b) does not hold a current tax clearance certificate issued under section 1094 of the Taxes Consolidation Act 1997 , (c) does not hold a current licence where such licence is required to be held by that applicant under excise law, or (d) has been authorised previously as— (i) a registered consignee under this section, (ii) an authorised warehousekeeper under section 109, or (iii) a registered consignor under section 109A, where there has been a contravention of, or a failure to comply with, the conditions of that previous authorisation and the applicant has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>The details of an authorisation granted under subsection (2), including the conditions of authorisation, shall be set down in a document, referred to in this section as an ‘authorisation document’.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>An authorisation document shall be signed by the applicant and by an officer, and it shall, unless another date is specified, be effective from the later of— (a) the date on which it is signed by the applicant, and (b) the date on which it is signed by the officer.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(10)</span>A registered consignee shall inform an officer of any changes or proposed changes that are relevant to the conditions of authorisation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(11)</span>The Commissioners may at any time, following such notice as is reasonable in the circumstances, vary the conditions of authorisation.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(12)</span>Where a registered consignee is a company, the authorisation shall expire immediately upon a change of control, within the meaning of section 11 of the Taxes Consolidation Act 1997 , of such company.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(13)</span>(a) Where a registered consignee has ceased, or intends to cease, carrying out the activities for which an authorisation was granted to it, it shall— (i) where the registered consignee has ceased carrying out those activities, notify the Commissioners in writing of the date those activities ceased, and (ii) where the registered consignee intends to cease carrying out those activities, notify the Commissioners in writing of that intention and the date on which the registered consignee intends to cease to carry out those activities. (b) An authorisation granted to a registered consignee under this section shall stand revoked from such date as is specified in a notification given to the Commissioners in accordance with paragraph (a).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(14)</span>An authorisation under this section is at all times subject to the conditions of authorisation and the Commissioners may revoke an authorisation where— (a) the registered consignee or, where the registered consignee is a company, any director or person having control (within the meaning of section 11 of the Taxes Consolidation Act 1997 ) of that company has in the preceding 10 years been convicted of— (i) any indictable offence under the Acts referred to in section 1078</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Taxes Consolidation Act 1997 , or (ii) any corresponding offence under the law of another Member State, (b) the Commissioners are satisfied that there has been a contravention of, or failure to comply with, a requirement of excise law in relation to the excisable products for which the authorisation was granted by— (i) the registered consignee, or (ii) where the holder of the authorisation is a company, any director or person having control (within the meaning of section 11 of the Taxes Consolidation Act 1997 ) of that company, and the registered consignee, or the person referred to in subparagraph (ii), as the case may be, has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied, (c) the Commissioners are satisfied that there has been a contravention of, or failure to comply with, any of the conditions of authorisation by the registered consignee and the registered consignee has not shown to the satisfaction of the Commissioners that the contravention or failure has been remedied, (d) the registered consignee, when applying for that authorisation, provided information that was false or misleading in a material respect, (e) the registered consignee does not, when required to do so by the Commissioners, show to the satisfaction of the Commissioners that the activity carried out under the authorisation is undertaken with a view to the realisation of profits arising out of or related to legitimate trade in excisable products, (f) the registered consignee does not, when required to do so by the Commissioners, show to the satisfaction of the Commissioners that the activity carried out under the authorisation is conducted solely for the benefit of the registered consignee, (g) the registered consignee does not, when required to do so by the Commissioners, show to the satisfaction of the Commissioners that the systems (including the accounting and stock control systems) and procedures of the business to which the authorisation relates provide a full and true record of all transactions of that business in a form readily accessible to the Commissioners, or (h) the registered consignee does not, when required to do so by the Commissioners, show to their satisfaction that the premises or place referred to in subsection (6)(e) is suitable.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(15)</span>Where the Commissioners propose to revoke an authorisation under this section, they shall notify the registered consignee accordingly in writing of their intention, and afford such registered consignee a period of at least 15 working days from the date of that notification, to make representations to them in relation to the matter.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(16)</span>A person who, immediately before the commencement of section 32 of the Finance Act 2016, was a registered consignee shall be deemed to be a registered consignee authorised under an authorisation granted under this section, the conditions of authorisation of which shall be deemed to be the conditions prescribed or otherwise imposed under subsection (3) of section 109J prior to the deletion of that subsection by section 32 of the Finance Act 2016 and, accordingly, subsections (4), (5), (8), (10), (11), (12), (13), (14) and (15) shall apply in respect of that person.”, (c) in section 109J(1)(b) by deleting “, subject to subsection (3)”, and (d) by deleting subsections (3) and (4) of section 109J.</div>\n<p class=\"lf-p\">Amendment of section 122 of Finance Act 2001 (offences in relation to false returns, claims, etc.) 33.</p>\n<h3 class=\"lf-part\">Section 122</h3>\n<p class=\"lf-p\">(a)(iii) of the Finance Act 2001 is amended by substituting the following clause for clause (III): “(III) authorisation as a registered consignee under section 109IA, or”.</p>\n<p class=\"lf-p\">Amendment of Chapter 5 of Part 2 of Finance Act 2001 (miscellaneous) 34. Chapter 5 of Part 2 of the Finance Act 2001 is amended— (a) in section 144A(2), by substituting the following paragraph for paragraph (d): “(d) the authorisation of a registered consignee under section 109IA,”, (b) in section 146(1A), by substituting the following for paragraph (c): “(c) a refusal to authorise a person as a registered consignee under section 109IA or a revocation under that section of any such authorisation;”, and (c) in section 153(2)(e), by substituting “authorisation” for “registration” in each place where it occurs.</p>\n<p class=\"lf-p\">Amendment of Chapter 4 of Part 2 of Finance Act 2001 (powers of officers) 35. Chapter 4 of Part 2 of the Finance Act 2001 is amended— (a) in section 136 by inserting the following after paragraph (c) of subsection (6): “(ca) to take account of and, without payment, take samples of any product referred to in section 97 and of any materials, ingredients and substances used or to be used in the manufacture of such product,”, and (b) by inserting the following after section 137: “Substitute fuels 137A. (1) In this section— ‘business’ means any employment, trade, profession or vocation; ‘relevant person’ means any person who has procured or has or had possession, custody or control of a relevant product; ‘relevant product’ means any product in liquid form.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A word or expression used in this section and which is also used in Chapter 1 of Part 2 of the Finance Act 1999 has, unless a meaning is assigned to it in this section or the contrary intention otherwise appears, the same meaning in this section as it has in that Chapter.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>An officer may make such enquiries of any person as the officer deems appropriate to establish the use or intended use of a relevant product and such person shall give to such officer all information required of such person which is in his or her possession, custody or procurement.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>(a) Subject to paragraph (b), where an officer forms an opinion that a relevant product is a substitute fuel or an additive, the powers set out in sections 134 to 136 and section 140 shall apply in respect of that relevant product. (b) An officer may form an opinion that a relevant product is a substitute fuel having regard to the following: (i) the relevant person’s business; (ii) the relevant person’s stated reasons for procuring or having possession, custody or control of the relevant product; (iii) the nature of the relevant product, including the nature of any package or container; (iv) the relevant person’s conduct, including his or her use, or stated intended use, of the relevant product or any refusal to disclose his or her use, or intended use, of the relevant product; (v) the quantity procured or purchased of the relevant product; (vi) the frequency of deliveries of relevant products to the relevant person; (vii) any document or other information whatsoever about the relevant product; (viii) any other circumstances that appear to be relevant.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where the officer forms the opinion that the relevant product is a substitute fuel or additive that relevant product shall, in accordance with the provisions of Chapter 1 of Part 2 of the Finance Act 1999 , be liable to mineral oil tax.”.</div>\n<p class=\"lf-p\">Rates of tobacco products tax 36. The Finance Act 2005 is amended with effect as on and from 12 October 2016 by substituting the following for Schedule 2 (as amended by section 45 of the Finance Act 2015 (No. 52 of 2015)) to that Act: “SCHEDULE 2 Rates of Tobacco Products Tax (With effect as on and from 12 October 2016) Description of Product Rate of Tax Cigarettes................</p>\n<p class=\"lf-p\">Rate of tax at— (a) except where paragraph (b) applies, €288.22 per thousand together with an amount equal to 9.52 per cent of the price at which the cigarettes are sold by retail, or (b) €325.11 per thousand in respect of cigarettes sold by retail where the rate of tax would be less than that rate had the rate been calculated in accordance with paragraph (a).</p>\n<p class=\"lf-p\">Cigars................</p>\n<p class=\"lf-p\">Rate of tax at €335.368 per kilogram.</p>\n<p class=\"lf-p\">Fine-cut tobacco for the rolling of cigarettes................</p>\n<p class=\"lf-p\">Rate of tax at €310.189 per kilogram.</p>\n<p class=\"lf-p\">Other smoking tobacco......</p>\n<p class=\"lf-p\">Rate of tax at €232.664 per kilogram. ”.</p>\n<p class=\"lf-p\">Amendment of section 78A of Finance Act 2003 (relief for small breweries) 37. (1) Section 78A of the Finance Act 2003 is amended— (a) in subsection (1)(a), by substituting “40,000 hectolitres” for “30,000 hectolitres”, (b) in subsection (3)(b)(ii), by substituting “80,000 hectolitres” for “60,000 hectolitres”, and (c) in subsection (4)(b), by substituting “40,000 hectolitres” for “30,000 hectolitres”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Subsection (1) comes into operation on 1 January 2017.</div>\n<p class=\"lf-p\">Amendment of Chapter 1 of Part 2 of Finance Act 1999 (mineral oil tax) 38. (1) Chapter 1 of Part 2 of the Finance Act 1999 is amended— (a) in section 94(1) — (i) by substituting the following for the definition of “additive”: “‘additive’ means any product (other than hydrocarbon oil, liquefied petroleum gas, substitute fuel or vehicle gas) which may be added to— (a) hydrocarbon oil, (b) liquefied petroleum gas, (c) substitute fuel, or (d) vehicle gas, as an extender or for the purpose of improving performance or for any other purpose, and cognate words shall be construed accordingly;”, (ii) by substituting the following for the definition of “liquefied petroleum gas”: “‘liquefied petroleum gas’ means petroleum gases and other gaseous hydrocarbons falling within CN codes 2711 12 11 to 2711 19 00;”, (iii) by substituting the following for the definition of “mineral oil”: “‘mineral oil’ means hydrocarbon oil, liquefied petroleum gas, vehicle gas, substitute fuel and additives;”, (iv) in the definition of “hydrocarbon oil” by substituting “include vehicle gas or any oil” for “include any oil”, (v) by inserting the following definitions: “‘CN code’ means a Community subdivision to the combined nomenclature of the European Communities referred to in Article 1 of Council Regulation (EEC) No. 2658/87 of 23 July 198711 as amended by Commission Regulation (EC) No. 2031/2001 of 6 August 200112 ; ‘natural gas’ means natural gas falling within CN codes 2711 11 00 and 2711 21 00; ‘vehicle biogas’ means vehicle gas obtained solely from biomass; ‘vehicle gas’ means gas other than liquefied petroleum gas used or intended for use as vehicle fuel; ‘vehicle gas accounting period’ means a period of two months or such other period as the Commissioners may prescribe for the purposes of the returns and payment of mineral oil tax under section 95E; ‘vehicle gas dispenser’ means a person who, at a premises or place in the State, receives vehicle gas for the purpose of supplying that vehicle gas to the fuel tank or standard tank of a vehicle and includes a person who receives vehicle gas from, or supplies vehicle gas to themselves for that purpose; ‘vehicle gas supplier’ means a person who supplies vehicle gas to a vehicle gas dispenser;”, and (vi) by deleting the definition of “methane”, (b) in section 94(2)(b)(ii) by substituting “oil or gas” for “oil”, (c) in section 95— (i) by substituting the following subsection for subsection (1): “(1) Subject to the provisions of this Chapter, and any regulations made under it, a duty of excise, to be known as mineral oil tax, shall be charged, levied and paid—</p>\n<p class=\"lf-p\">(a) on all mineral oil (other than vehicle gas)— (i) released for consumption in the State, or (ii) released for consumption in another Member State, and brought into the State, and (b) on all vehicle gas supplied to a vehicle gas dispenser.”, (ii) by substituting the following subsection for subsection (2): “(2) Liability to mineral oil tax shall arise— (a) in the case of mineral oil other than vehicle gas, at the time when that mineral oil is— (i) released for consumption in the State, or (ii) following release for consumption in another Member State, brought into the State, and (b) in the case of vehicle gas, at the time when that vehicle gas is supplied to a vehicle gas dispenser.”, and (iii) by inserting the following subsection after subsection (2): “(2A) For the purposes of subsection (2)(b), the time the vehicle gas is supplied to a vehicle gas dispenser is the time at which the vehicle gas is recorded at the meter referred to in section 95B as having been received by that vehicle gas dispenser.”, (d) by inserting the following sections after section 95: “Supply of vehicle gas 95B. (1) A vehicle gas supplier shall not supply any vehicle gas to a vehicle gas dispenser’s premises or place unless the vehicle gas dispenser has, at that premises or place, a meter that has been fitted by the transmission system operator for the exclusive purpose of measuring and recording the quantity of vehicle gas supplied to that vehicle gas dispenser.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A vehicle gas dispenser shall not receive any vehicle gas, or permit any vehicle gas to be received, at that vehicle gas dispenser’s premises or place unless— (a) the vehicle gas dispenser has, at that premises or place, a meter that has been fitted by the transmission system operator for the exclusive purpose of measuring and recording the quantity of vehicle gas supplied to that vehicle gas dispenser, and (b) the vehicle gas received at that premises or place is measured and recorded by a meter referred to in paragraph (a).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>In this section, ‘meter’ and ‘transmission system operator’ have the same meanings as they have in section 15 of the Energy (Miscellaneous Provisions) Act 1995 .</div>\n<p class=\"lf-p\">Liability to pay mineral oil tax on vehicle gas 95C. (1) Subject to subsection (2), a vehicle gas supplier shall be accountable for and liable to pay mineral oil tax on the vehicle gas supplied to a vehicle gas dispenser by that supplier.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>A vehicle gas dispenser shall be liable for any deficiency in the amount of tax paid on a supply of vehicle gas to that vehicle gas dispenser, where the deficiency has resulted from false or misleading information furnished by that vehicle gas dispenser to the vehicle gas supplier, and no such liability for the deficiency shall attach to that vehicle gas supplier.</div>\n<p class=\"lf-p\">Registration of vehicle gas suppliers 95D. A vehicle gas supplier shall register with the Commissioners in accordance with such procedures as the Commissioners may prescribe or otherwise impose.</p>\n<p class=\"lf-p\">Returns and payment by vehicle gas suppliers 95E. (1) For the purposes of section 95C, a vehicle gas supplier shall within one month of the end of a vehicle gas accounting period, furnish to an officer, in such form as the Commissioners may require, a return showing the quantity of vehicle gas supplied by that vehicle gas supplier during that accounting period to vehicle gas dispensers.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>The vehicle gas supplier shall, in accordance with the return under subsection (1) and by the time that return is due, pay the amount of mineral oil tax due in respect of the vehicle gas supplied by that vehicle gas supplier during the accounting period concerned.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Any vehicle gas supplier that is not established in the State shall make such arrangements with the Commissioners as the Commissioners may require for the payment of the tax and accounting for it, and those arrangements shall include the appointment of a competent person in the State to give effect to them.”, (e) in section 96— (i) in subsection (1B), by substituting “mineral oil, other than vehicle gas,” for “mineral oil” where it first occurs, (ii) by inserting the following subsection after subsection (1B): “(1C) The rate of tax per megawatt hour specified for vehicle gas in Schedule 2A is in proportion to the emissions for natural gas and is determined by the formula— EF x A x C where— EF is the carbon emission factor of natural gas expressed in kilograms of CO2 per terajoule, A is the amount, €0.02, to be charged per kilogram of CO2 emitted, and C is 0.0036, the number of terajoules per megawatt hour.”, and (iii) in subsection (5), by substituting “mineral oil tax on mineral oil other than vehicle gas” for “the carbon charge”, (f) in section 100, by inserting the following subsection after subsection (5): “(5A) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from the carbon charge shall apply— (a) to any vehicle gas that is shown to the satisfaction of the Commissioners to be vehicle biogas, and (b) where vehicle biogas has been mixed or blended with any other vehicle gas, to the vehicle biogas content of any such mixture or blend.”, (g) in section 101(1), by substituting “(other than additives or vehicle gas)” for “(other than additives)”, (h) in section 101B(1), by substituting “mineral oil, other than vehicle gas, sold” for “mineral oil sold”, (i) in section 102(1)(d), by substituting “(other than additives or vehicle gas)” for “(other than additives)”, (j) in section 104(2), by substituting the following for paragraph (g): “(g) require a person who is an owner of or who is for the time being in charge of any vehicle constructed or adapted to use liquefied petroleum gas, vehicle gas or substitute fuel as a propellant in that vehicle to give such information, as may be specified, in relation to the supply or use of such mineral oil;”, (k) by substituting the following for Schedule 2: “SCHEDULE 2 Rates of Mineral Oil Tax Description of Mineral Oil Rate of Tax Light Oil:</div>\n<p class=\"lf-p\">Petrol €587.71 per 1,000 litres Aviation gasoline €587.71 per 1,000 litres Heavy Oil:</p>\n<p class=\"lf-p\">Used as a propellant €479.02 per 1,000 litres Used for air navigation €479.02 per 1,000 litres Used for private pleasure navigation €479.02 per 1,000 litres Kerosene used other than as a propellant €50.73 per 1,000 litres Fuel oil €76.53 per 1,000 litres Other heavy oil €102.28 per 1,000 litres Liquefied Petroleum Gas:</p>\n<p class=\"lf-p\">Used as a propellant €96.45 per 1,000 litres Other liquefied petroleum gas €32.86 per 1,000 litres Vehicle gas: €9.36 per megawatt hour ”, and (l) by substituting the following for Schedule 2A: “SCHEDULE 2A Carbon Charge Description of Mineral Oil Rate Light Oil:</p>\n<p class=\"lf-p\">Petrol €45.87 per 1,000 litres Aviation gasoline €45.87 per 1,000 litres Heavy Oil:</p>\n<p class=\"lf-p\">Used as a propellant €53.30 per 1,000 litres Used for air navigation €53.30 per 1,000 litres Used for private pleasure navigation €53.30 per 1,000 litres Kerosene used other than as a propellant €50.73 per 1,000 litres Fuel oil €61.75 per 1,000 litres Other heavy oil €54.92 per 1,000 litres Liquefied Petroleum Gas:</p>\n<p class=\"lf-p\">Used as a propellant €32.86 per 1,000 litres Other liquefied petroleum gas €32.86 per 1,000 litres Vehicle gas: €4.10 per megawatt hour ”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Sections 55 and 56 of the Finance Act 2014 are repealed.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>This section shall come into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.</div>\n<p class=\"lf-p\">Amendment of section 97 of Finance Act 2001 (excisable products (Part 2)) 39. (1)</p>\n<h3 class=\"lf-part\">Section 97</h3>\n<p class=\"lf-p\">of the Finance Act 2001 is amended by substituting the following paragraph for paragraph (c): “(c) mineral oil within the meaning of section 94 of the Finance Act 1999 , other than vehicle gas within the meaning of that section.”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section shall come into operation on such day as the Minister for Finance may appoint by order.</div>\n<p class=\"lf-p\">Amendment of section 67 of Finance Act 2010 (charging and rates of natural gas carbon tax) 40. (1)</p>\n<h3 class=\"lf-part\">Section 67</h3>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Finance Act 2010 is amended by substituting “all natural gas, other than natural gas subject to mineral oil tax under section 95</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>(b) of the Finance Act 1999 ,” for “all natural gas”.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section shall come into operation on such day as the Minister for Finance may appoint by order.</div>\n<p class=\"lf-p\">Amendment of Chapter 2 of Part 3 of Finance Act 2010 (natural gas carbon tax) 41. (1)</p>\n<h3 class=\"lf-part\">Section 71</h3>\n<p class=\"lf-p\">of the Finance Act 2010 is amended— (a) in subsection (1) — (i) in paragraph (b), by substituting “processes,” for “processes, or”, (ii) in paragraph (c), by substituting “State, or” for “State.”, and (iii) by inserting the following paragraph after paragraph (c): “(d) for heat and power cogeneration (other than heat and power cogeneration by a micro-cogeneration unit within the meaning of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 201213 ), where it is determined, by a competent authority designated for the purpose by the Minister for Finance, that such cogeneration meets the requirements for high-efficiency cogeneration under Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012.”, (b) by inserting the following subsection after subsection (1): “(1A) The relief under subsection (1)(d) shall be calculated as the amount of the tax paid on that portion of the natural gas used for cogeneration that is used to generate high-efficiency electricity as determined, and set out in a certificate issued, by the competent authority.”, and (c) by substituting the following subsection for subsection (2): “(2) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a partial relief from tax shall be granted on any natural gas that is shown to the satisfaction of the Commissioners to have been supplied for use in an installation that is covered by a greenhouse gas emissions permit.”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Section 72 is amended— (a) by substituting the following subsection for subsection (2): “(2) (a) A claim for repayment in relation to relief under paragraphs (a), (b) and (c) of section 71(1) or under section 71(2) shall be made in such form as the Commissioners may direct and shall be in respect of natural gas supplied within a period of not less than one and not more than 6 calendar months. (b) Except where the Commissioners may in any particular case allow, a claim for repayment referred to in paragraph (a) shall be made within 6 calendar months of the end of the period in respect of which the claim is made.”, and (b) by inserting the following subsection after subsection (2): “(3) (a) A claim for repayment in relation to relief under paragraph (d) of section 71(1) shall be made in such form as the Commissioners may direct and shall be in respect of natural gas which has been— (i) supplied within a period of not less than one and not more than 12 calendar months, and (ii) determined to have been used to generate high-efficiency electricity by the competent authority. (b) Except where the Commissioners may in any particular case allow, a claim for repayment referred to in paragraph (a) shall be made within 6 calendar months of the date upon which the competent authority has issued the certificate referred to in subsection (1A).”.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>This section shall come into operation on such day as the Minister for Finance may by order appoint.</div>\n<p class=\"lf-p\">Amendment of Chapter 3 of Part 3 of Finance Act 2010 (solid fuel carbon tax) 42. (1)</p>\n<h3 class=\"lf-part\">Section 82</h3>\n<p class=\"lf-p\">of the Finance Act 2010 is amended— (a) in subsection (1) — (i) in paragraph (a), by substituting “electricity,” for “electricity, or”, (ii) in paragraph (b), by substituting “processes,” for “processes, or”, (iii) in paragraph (c), by substituting “State, or” for “State.”, and (iv) by inserting the following paragraph after paragraph (c): “(d) for heat and power cogeneration (other than heat and power cogeneration by a micro-cogeneration unit within the meaning of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 201214 ), where it is determined, by a competent authority designated for the purpose by the Minister for Finance, that such cogeneration meets the requirements for high-efficiency cogeneration under Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012.”, (b) by inserting the following subsection after subsection (1): “(1A) The relief under subsection (1)(d) shall be calculated as the amount of tax paid on that portion of the solid fuel used for cogeneration that is used to generate high-efficiency electricity as determined, and set out in a certificate issued, by the competent authority.”, and (c) by substituting the following subsection for subsection (2): “(2) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a partial relief from tax shall be granted on any solid fuel that is shown to the satisfaction of the Commissioners to have been supplied for use in an installation that is covered by a greenhouse gas emissions permit.”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Section 83 is amended— (a) by substituting the following subsection for subsection (2): “(2) (a) A claim for repayment in relation to relief under paragraphs (a), (b) and (c) of section 82(1) or under section 82(2) shall be made in such form as the Commissioners may direct and shall be in respect of solid fuel delivered within a period of not less than one and not more than 6 calendar months. (b) Except where the Commissioners may in any particular case allow, a claim for repayment referred to in paragraph (a) shall be made within 6 calendar months of the end of the period in respect of which the claim is made.”, and (b) by inserting the following subsection after subsection (2): “(3) (a) A claim for repayment in relation to relief under paragraph (d) of section 82(1) shall be made in such form as the Commissioners may direct and shall be in respect of solid fuel which has been— (i) delivered within a period of not less than one and not more than 12 calendar months, and (ii) determined to have been used to generate high-efficiency electricity by the competent authority. (b) Except where the Commissioners may in any particular case allow, a claim for repayment referred to in paragraph (a) shall be made within 6 calendar months of the date upon which the competent authority has issued the certificate referred to in subsection (1A).”.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>This section shall come into operation on such day as the Minister for Finance may by order appoint.</div>\n<p class=\"lf-p\">Amendment of section 100 of Finance Act 1999 (mineral oil tax) 43. (1)</p>\n<h3 class=\"lf-part\">Section 100</h3>\n<p class=\"lf-p\">of the Finance Act 1999 is amended— (a) in subsection (6), by substituting the following paragraph for paragraph (b): “(b) for heat and power cogeneration (other than heat and power cogeneration by a micro-cogeneration unit within the meaning of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 201215 ), where it is determined, by a competent authority designated for the purpose by the Minister for Finance, that such cogeneration meets the requirements for high-efficiency cogeneration under Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012.”, (b) by inserting the following subsection after subsection (6): “(6A) The relief under subsection (6)(b) shall be calculated as the amount of the carbon charge paid on that portion of the mineral oil used for cogeneration that is used to generate high-efficiency electricity as determined, and set out in a certificate issued, by the competent authority.”, (c) by substituting the following subsection for subsection (8): “(8) (a) Subject to subsection (9), a claim for repayment in relation to relief under subsection (7) shall be made in such form as the Commissioners may direct and shall be in respect of mineral oil used within a period of not less than one and not more than 6 months. (b) Except where the Commissioners may in any particular case allow, a claim for repayment referred to in paragraph (a) shall be made within 4 months of the end of the period in respect of which the claim is made.”, and (d) by inserting the following subsection after subsection (8): “(9) (a) A claim for repayment under subsection (7) in relation to relief from the carbon charge under subsection (6)(b) shall be made in such form as the Commissioners may direct and shall be in respect of mineral oil which has been— (i) used within a period of not less than one and not more than 12 months, and (ii) determined to have been used to generate high-efficiency electricity by the competent authority. (b) Except where the Commissioners may in any particular case allow, a claim for repayment referred to in paragraph (a) shall be made within 4 months of the date upon which the competent authority has issued the certificate referred to in subsection (6A).”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section shall come into operation on such day as the Minister for Finance may by order appoint.</div>\n<p class=\"lf-p\">Amendment of section 135C of Finance Act 1992 (remission or repayment in respect of vehicle registration tax, etc.) 44. Section 135C of the Finance Act 1992 is amended in subsections (1) and (2) by substituting “31 December 2018” for “31 December 2016” and in subsections (3) and (4) by substituting “31 December 2021” for “31 December 2016”.</p>\n<h3 class=\"lf-part\">PART 3</h3>\n<p class=\"lf-p\">Value-Added Tax Interpretation (Part 3) 45. In this Part “Principal Act” means the Value-Added Tax Consolidation Act 2010 .</p>\n<p class=\"lf-p\">Amendment of section 61 of Principal Act (apportionment for dual-use inputs) 46. Section 61 of the Principal Act is amended— (a) by substituting the following for subsections (4) and (5): “(4) Subject to subsection (5), the proportion of tax deductible by an accountable person in a taxable period shall be calculated on the basis of the ratio which the amount of the person’s tax-exclusive turnover from deductible supplies or activities in the accounting year in which that taxable period ends bears to the person’s tax-exclusive turnover from total supplies and activities in that accounting year.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Where the proportion of tax deductible calculated in accordance with subsection (4) does not— (a) correctly reflect the extent to which the dual-use inputs are used for the purposes of the person’s deductible supplies or activities, or (b) have due regard to the range of the person’s total supplies and activities, the accountable person shall use any other basis which results in a proportion of tax deductible which— (i) correctly reflects the extent to which the dual-use inputs are used for the purposes of the person’s deductible supplies or activities, and (ii) has due regard to the range of the person’s total supplies and activities.”, and (b) in subsection (6) by substituting “this section,” for “subsection (4),”.</div>\n<p class=\"lf-p\">Flat-rate scheme for farmers 47. (1) The Principal Act is amended— (a) in section 68 by inserting the following after subsection (5): “(6) An invoice, settlement voucher or other document provided for in this section or in section 86(1) shall not issue in respect of supplies of a kind specified in an order made under section 86A.”, (b) in section 86— (i) by substituting the following for subsection (1): “(1) Subject to section 68(1) and (6) and subsection (1A), where a flat-rate farmer supplies agricultural produce or an agricultural service to a person, the farmer shall issue to the person an invoice indicating the consideration (exclusive of the flat-rate addition) in respect of the supply and an amount (in this Act referred to as a ‘flat-rate addition’) equal to 5.4 per cent of that consideration (exclusive of the flat-rate addition). (1A) Where section 68(6) applies, the issue of an invoice by a flat-rate farmer shall only apply in respect of agricultural produce or an agricultural service of a kind not specified in an order made by the Minister under section 86A.”, and (ii) in subsection (2) by substituting the following for “transaction.”: “transaction other than where an order has been made by the Minister under section 86A relating to such supply of produce or service.”, (c) by inserting the following section after section 86: “Restriction of flat-rate addition 86A. (1) Where, following a review carried out by the Revenue Commissioners in relation to a particular agricultural sector and having regard, in particular, to the business structures or models employed and the nature of the relationships and contractual arrangements in place between parties in the sector, the Minister is satisfied that the application of the flat-rate addition in accordance with section 86 in respect of supplies of agricultural produce or agricultural services within that sector has resulted in, and if that application were retained would continue to contribute to, a systematic excess of the amount of flat-rate addition payments over the amount of non-recoverable tax on input costs borne by flat-rate farmers within that sector, the Minister may by order provide that the flat-rate addition shall not apply to supplies of a kind to be specified in the order.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In subsection (1), ‘non-recoverable tax on input costs’ means tax which would be deductible in accordance with section 59 if the flat-rate farmers in the particular agricultural sector were registered for value-added tax, less tax which is recoverable by flat-rate farmers in that sector in accordance with a refund order made under section 103.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>An order made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”, and (d) in section 115 by inserting the following after subsection (3): “(3A) A person who issues an invoice, settlement voucher or other document provided for in section 68 or 86 in which an amount of flat-rate addition is stated in respect of supplies of goods or services which are the subject of an order made under section 86A shall be liable to a penalty of €4,000.”.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section shall come into operation on 1 January 2017.</div>\n<h3 class=\"lf-part\">PART 4</h3>\n<p class=\"lf-p\">Stamp Duties Interpretation (Part 4) 48. In this Part “Principal Act” means the Stamp Duties Consolidation Act 1999 .</p>\n<p class=\"lf-p\">National Concert Hall 49. The Principal Act is amended by inserting the following after section 106C: “106D. Stamp duty shall not be chargeable on any conveyance, transfer or lease of land to the National Concert Hall in connection with its functions under the National Cultural Institutions (National Concert Hall) Act 2015 .”.</p>\n<p class=\"lf-p\">Amendment of section 126AA of Principal Act (further levy on certain financial institutions) 50. (1) Section 126AA of the Principal Act is amended— (a) by substituting the following for subsection (1): “(1) In this section— ‘Act of 1997’ means the Taxes Consolidation Act 1997 (No. 39 of 1997); ‘appropriate tax’ has the meaning given to it by section 256 of the Act of 1997; ‘assessable amount’, in relation to a relevant person, means the relevant retention tax in relation to the person; ‘base year’ means the year— (a) 2011, in respect of the years 2014, 2015 and 2016, (b) 2015, in respect of the years 2017 and 2018, (c) 2017, in respect of the years 2019 and 2020, and (d) 2019, in respect of the year 2021; ‘due date’ means, in relation to a year, 20 October in the year concerned; ‘relevant business’ means the business of a relevant person of taking and holding relevant deposits (within the meaning of section 256 of the Act of 1997) in respect of which the person was obliged to pay any amount under section 258 or 259 of that Act; ‘relevant person’ means a person who, in a base year, comes within the meaning of paragraph (a) or (b) of the definition of ‘relevant deposit taker’ in section 256(1) of the Act of 1997 and who— (a) is obliged in the base year to pay— (i) appropriate tax under section 258(3) of the Act of 1997, or (ii) an amount on account of appropriate tax under section 258(4) or 259(4) of that Act, and (b) is carrying on a trade or business in the State (whether including a relevant business or not) at the due date, but a person shall not be regarded as a relevant person where the relevant retention tax in relation to the person in the base year does not exceed €100,000; ‘relevant retention tax’, in relation to a relevant person and a base year, means an amount determined by the formula— A + B - C where— A is an amount equal to the aggregate of— (a) appropriate tax paid by the person in the base year under section 258(3) of the Act of 1997, and (b) the amount paid by the person in the base year on account of appropriate tax under section 258(4) or 259(4) of that Act, B is the aggregate of any amounts of appropriate tax, or any amounts on account of appropriate tax, paid by the person after the base year which, in accordance with section 258 or 259 of the Act of 1997, should have been paid by the person in that base year, and C is the aggregate of any amounts of appropriate tax paid by the person in the base year which— (a) are included in A, and (b) were agreed by the person and an officer of the Commissioners at or before the time of payment as being tax which, in accordance with the said section 258, should have been paid before the base year.”,</p>\n<p class=\"lf-p\">(b) in subsection (2) by substituting “2014 to 2021” for “2014, 2015 and 2016”, (c) in subsection (3) by substituting “in a base year” for “2011”, (d) in subsection (6) by substituting “59 per cent” for “35 per cent”, and (e) by deleting subsection (10).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Paragraph (d) of subsection (1) shall have effect in relation to a statement to be delivered in accordance with subsection (2) of section 126AA of the Principal Act for the year 2017 and subsequent years.</div>\n<h3 class=\"lf-part\">PART 5</h3>\n<p class=\"lf-p\">Capital Acquisitions Tax Interpretation (Part 5) 51. In this Part “Principal Act” means the Capital Acquisitions Tax Consolidation Act 2003 .</p>\n<p class=\"lf-p\">Amendment of section 86 of Principal Act (exemption relating to certain dwellings) 52. The Principal Act is amended by substituting the following for section 86: “Exemption relating to certain dwellings 86. (1) In this section— ‘dwelling house’ means— (a) a building or part (including an appropriate part within the meaning of section 5(5)) of a building which was used or was suitable for use as a dwelling, and (b) the curtilage of the dwelling house up to an area (excluding the site of the dwelling house) of 0.4047 hectares, but if the area of that curtilage (excluding the site of the dwelling house) exceeds 0.4047 hectares, then the part which comes within this definition is the part which, if the remainder were separately occupied, would be the most suitable for occupation and enjoyment with the dwelling house; ‘relevant period’, in relation to a relevant dwelling house comprised in an inheritance, means the period of 6 years commencing on the date of the inheritance; ‘successor’ includes a transferee under an inheritance referred to in section 32(2).</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>In this section a ‘relevant dwelling house’, in relation to a disponer or a successor, as the case may be, is a dwelling house that— (a) was occupied by the disponer as his or her only or main residence at the date of his or her death, (b) was continuously occupied by the successor as his or her only or main residence— (i) throughout the period of 3 years immediately preceding the date of the inheritance, or (ii) where the dwelling house replaced another dwelling house as that successor’s only or main residence, the first-mentioned dwelling house and the dwelling house that was replaced as that successor’s only or main residence, for periods which together comprised at least 3 years falling within the period of 4 years immediately preceding the date of the inheritance, and (c) is the only dwelling house to which the successor is beneficially entitled or in which the successor has a beneficial interest at the date of the inheritance of that dwelling house, whether or not that successor had such an entitlement before the date of the inheritance or acquires the entitlement by virtue of that inheritance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>For the purpose of subsection (2), a disponer or a successor, as the case may be, is deemed to occupy a dwelling house for a period during which he or she ceases to occupy that dwelling house in consequence of his or her mental or physical infirmity.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subject to subsections (5) and (6), a relevant dwelling house is exempt from tax in relation to the inheritance by the successor of the dwelling house and the value of the dwelling house shall not be taken into account in computing tax on any gift or inheritance taken by a successor who takes an inheritance of the relevant dwelling house.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>For the purposes of subsection (4), a dwelling house shall not be regarded as a relevant dwelling house where it is taken— (a) by way of a gift, other than where it is taken by a dependent relative under subsection (9), or (b) under a disposition referred to in paragraph (c) of section 3(1).</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Subject to subsection (7), a dwelling house shall cease to be regarded as a relevant dwelling house where— (a) the dwelling house is sold or disposed of (either in whole or in part) within the relevant period and before the death of a successor, or (b) a successor ceases to occupy the dwelling house as his or her only or main residence during the relevant period, and, as a consequence of such sale, disposal or cessation— (i) tax shall be chargeable in relation to the inheritance by the successor of the dwelling house, and (ii) the value of the dwelling house shall be taken into account in computing tax on any gift or inheritance taken by a successor who takes an inheritance of the relevant dwelling house, as if that dwelling house had not been a relevant dwelling house at the date of the inheritance.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>(a) Notwithstanding subsection (6), a dwelling house shall not cease to be regarded as a relevant dwelling house where— (i) the entirety of the consideration for the sale or disposal of the dwelling house (in this subsection and in subsection (8) referred to as the ‘inherited dwelling house’) is used by a successor to acquire a dwelling house to replace the inherited dwelling house as the successor’s only or main residence (in this subsection and in subsection (8) referred to as the ‘replacement dwelling house’), the period of occupation of which as the successor’s only or main residence, when added to the period of occupation of the inherited dwelling house as his or her only or main residence, amounts to an aggregate period comprising at least 6 years falling within the period of 7 years commencing on the date of the inheritance, (ii) a successor is of the age of 65 years or over at the date of the inheritance of the dwelling house, (iii) a successor ceases to occupy the dwelling house in consequence of his or her mental or physical infirmity (which infirmity is certified by a registered medical practitioner who is registered in the register established under section 43 of the Medical Practitioners Act 2007 ), whether or not the dwelling house is sold or disposed of, or (iv) a successor is required to be absent from the dwelling house in consequence of any condition imposed by his or her employer requiring the successor to reside elsewhere for the purposes of performing the duties of his or her employment. (b) Subparagraphs (iii) and (iv) of paragraph (a) shall apply to a replacement dwelling house, as they apply to a relevant dwelling house.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Where the consideration for the sale or disposal of an inherited dwelling house, or a replacement dwelling house, as the case may be, (in this subsection referred to as the ‘sold dwelling house’) exceeds the consideration for the acquisition of any replacement dwelling house (in this subsection referred to as the ‘acquired dwelling house’) acquired as a replacement for the sold dwelling house, then the value of the sold dwelling house which is chargeable to tax under subsection (6) shall be reduced in the same proportion as the consideration for the acquired dwelling house bears to the consideration for the sold dwelling house.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>(a) In this subsection— ‘relative’, in relation to the disponer, or to the spouse or civil partner of the disponer, as the case may be, means lineal ancestor, lineal descendant, brother, sister, uncle, aunt, niece or nephew; ‘dependent relative’ means a relative who is— (i) permanently and totally incapacitated by reason of mental or physical infirmity from maintaining himself or herself, or (ii) of the age of 65 years or over. (b) For the purposes of this section, a dependent relative who takes a gift of a dwelling house shall be deemed to take the dwelling house as an inheritance on the date of the gift. (c) Where a dependent relative takes a gift of a dwelling house, paragraph (a) of subsection (2) shall not apply for the purposes of determining whether the dwelling house is a relevant dwelling house.”.</div>\n<p class=\"lf-p\">Amendment of Schedule 2 to Principal Act (computation of tax) 53. (1) The Principal Act is amended in paragraph 1 of Part 1 of Schedule 2, in the definition of “group threshold”— (a) in paragraph (a), by substituting “€310,000” for “€280,000”, (b) in paragraph (b), by substituting “€32,500” for “€30,150”, and (c) in paragraph (c), by substituting “€16,250” for “€15,075”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>This section applies to gifts and inheritances taken on or after 12 October 2016.</div>\n<h3 class=\"lf-part\">PART 6</h3>\n<p class=\"lf-p\">Miscellaneous Interpretation (Part 6) 54. In this Part “Principal Act” means the Taxes Consolidation Act 1997 .</p>\n<p class=\"lf-p\">Tax treatment of married persons and civil partners 55. The Principal Act is amended— (a) in section 1017 by inserting the following after subsection (2): “(3) Subject to subsection (4), for a year of assessment prior to the current year of assessment in which this section applies as a consequence of— (a) an election made (including an election deemed to have been duly made) under section 1018, (b) an election made under section 1019(2)(a)(ii), or (c) section 1019(4)(a), a husband or a wife who is not assessed under this section may elect to be so assessed and such election shall apply in place of any earlier election or deemed election for that year of assessment.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subsection (3) shall not apply where the husband or the wife is a chargeable person (within the meaning of section 959A).”, and (b) in section 1031C by inserting the following after subsection (2): “(3) Subject to subsection (4), for a year of assessment prior to the current year of assessment in which this section applies as a consequence of an election made (including an election deemed to have been duly made) under section 1031D, a civil partner who is not assessed under this section may elect to be so assessed and such election shall apply in place of any earlier election or deemed election for that year of assessment.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subsection (3) shall not apply where either civil partner is a chargeable person (within the meaning of section 959A).”.</div>\n<p class=\"lf-p\">Penalties for deliberately or carelessly making incorrect returns, etc.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">56.</span>(1) The Principal Act is amended in section 1077E by inserting the following after subsection (15): “(15A) (a) In this subsection— ‘Directive’ means Council Directive 2011/16/EU16 on administrative cooperation in the field of taxation as amended by Council Directive 2014/107/EU of 9 December 201417 as regards mandatory automatic exchange of information in the field of taxation; ‘liability to tax or duty’ means, as the case may be, a liability to tax (within the meaning of subsection (1) of this section and that subsection as applied to the Capital Acquisitions Tax Consolidation Act 2003 by section 58(9)(b) of that Act), a liability to tax within the meaning of section 116</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(1)</span>of the Value-Added Tax Consolidation Act 2010 or a liability to duty within the meaning of section 134A(1) of the Stamp Duties Consolidation Act 1999 ; ‘offshore matters’ means any one or more of the following— (i) a relevant account held or situated, (ii) relevant income or gains arising from a source or accruing, as the case may be, (iii) relevant property situated, or (iv) any income, gains, accounts or assets, other than those referred to in paragraphs (i) to (iii), arising from a source, accruing, held or situated, as the case may be, in a country or territory other than the State; ‘penalty’, in relation to a person, means, as the case may be, any penalty of the kind referred to in subsections (2), (3), (5) and (6) of this section, those subsections as applied to the Capital Acquisitions Tax Consolidation Act 2003 by section 58(9)(b) of that Act, any penalty of the kind referred to in subsections (2), (3), (5) and (6) of section 116 of the Value-Added Tax Consolidation Act 2010 or any further penalty of the kind referred to in subsections (2) and (4) of section 134A of the Stamp Duties Consolidation Act 1999 ; ‘relevant account’ means an account reportable under the standard or, as the case may be, under the Directive, or an account of a kind reportable under the standard or, as the case may be, under the Directive; ‘relevant income or gains’ means income or gains reportable under the standard or, as the case may be, under the Directive, or income or gains of a kind reportable under the standard or, as the case may be, under the Directive; ‘relevant property’ means property reportable under the Directive, or property of a kind reportable under the Directive; ‘specified penalty’, in relation to a person, means, as the case may be, a penalty or further penalty of the kind referred to— (i) in subsections (5) and (6) of this section, the amount of which does not exceed the amount referred to in subsection (7)(b)(II)(A) of this section, (ii) in the subsections referred to in paragraph (i), as applied to the Capital Acquisitions Tax Consolidation Act 2003 by section 58(9)(b) of that Act, (iii) in subsections (5) and (6) of section 116 of the Value-Added Tax Consolidation Act 2010 , the amount of which does not exceed the amount referred to in subsection (7)(b)(II)(A) of that section, and (iv) in subsection (4) of section 134A of the Stamp Duties Consolidation Act 1999 , the amount of which does not exceed the amount referred to in subsection (5)(b)(II)(A) of that section; ‘the standard’ has the same meaning as in section 891F(2).</div>\n<p class=\"lf-p\">(b) A disclosure in relation to a person made on or after 1 May 2017 shall not be a qualifying disclosure where— (i) any matters contained in the disclosure relate directly or indirectly to offshore matters, and (ii) in any other case, the person, before the date the disclosure is made, has offshore matters occasioning a liability to tax or duty that are known or become known at any time to the Revenue Commissioners or any of their officers and the person is liable to a penalty other than a specified penalty in relation to those matters.”.</p>\n<p class=\"lf-p\">(2)</p>\n<h3 class=\"lf-part\">Section 116</h3>\n<p class=\"lf-p\">of the Value-Added Tax Consolidation Act 2010 is amended by inserting the following after subsection (15): “(15A) (a) In this subsection the expressions ‘liability to tax or duty’, ‘offshore matters’, ‘penalty’ and ‘specified penalty’ have the same meanings as in section 1077E(15A)(a) (inserted by section 56(1) of the Finance Act 2016) of the Taxes Consolidation Act 1997 . (b) A disclosure in relation to a person made on or after 1 May 2017 shall not be a qualifying disclosure where— (i) any matters contained in the disclosure relate directly or indirectly to offshore matters, and (ii) in any other case, the person, before the date the disclosure is made, has offshore matters occasioning a liability to tax or duty that are known or become known at any time to the Revenue Commissioners or any of their officers and the person is liable to a penalty other than a specified penalty in relation to those matters.”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Section 134A of the Stamp Duties Consolidation Act 1999 is amended by inserting the following after subsection (12): “(13) (a) In this subsection the expressions ‘liability to tax or duty’, ‘offshore matters’, ‘penalty’ and ‘specified penalty’ have the same meanings as in section 1077E(15A)(a) (inserted by section 56(1) of the Finance Act 2016) of the Taxes Consolidation Act 1997 . (b) A disclosure in relation to a person made on or after 1 May 2017 shall not be a qualifying disclosure where— (i) any matters contained in the disclosure relate directly or indirectly to offshore matters, and (ii) in any other case, the person, before the date the disclosure is made, has offshore matters occasioning a liability to tax or duty that are known or become known at any time to the Commissioners or any of their officers and the person is liable to a penalty other than a specified penalty in relation to those matters.”.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Subsections (1), (2) and (3) shall have effect as on and from 1 May 2017.</div>\n<p class=\"lf-p\">Amendment of section 1086 of Principal Act (publication of names of tax defaulters) 57. (1) Section 1086 of the Principal Act is amended— (a) in subsection (2A), by substituting “Subject to subsection (2D), for the purposes of subsection (2),” for “For the purposes of subsection (2),”, (b) in subsection (2B)— (i) in paragraph (a), by substituting “a specified sum or an adjusted specified sum (within the meaning of subsection (2C) or (2D)), as the case may be, under subsection (2)(c), including as applied by subsection (2C) or (2D)” for “a specified sum under subsection (2)(c) ”, (ii) in paragraph (b), by substituting “a specified sum or an adjusted specified sum (within the meaning of subsection (2C) or (2D)), as the case may be, under subsection (2)(d), including as applied by subsection (2C) or (2D)” for “a specified sum under subsection (2)(d) ”, and (iii) by substituting “and the person fails to pay the specified sum or the adjusted specified sum, as the case may be,” for “and the person fails to pay the specified sum”, (c) by inserting the following after subsection (2B): “(2C) (a) In this subsection— ‘adjusted specified sum’ means the total claim sum less the qualifying disclosure sum; ‘disclosing person’ means a person who makes a qualifying disclosure; ‘qualifying disclosure’ means a qualifying disclosure referred to in subsection (4)(a); ‘qualifying disclosure sum’ means the part of the total claim sum that is in respect of the matter to which a qualifying disclosure relates; ‘relevant matters’, in relation to a disclosing person, means matters occasioning a liability of the kind referred to in subparagraphs (i) to (iii) of paragraph (c) or (d) of subsection (2), as the case may be, which are known or become known to the Revenue Commissioners or any of their officers; ‘total claim sum’ means the specified sum, in respect of the specified liability (in respect of both the matter to which a qualifying disclosure relates and the relevant matters), referred to in paragraph (c) or (d) of subsection (2), as the case may be, of a disclosing person. (b) Notwithstanding subsection (4)(a), where the Revenue Commissioners— (i) pursuant to an agreement of a type referred to in paragraph (c) of subsection (2), or (ii) in the circumstances described in paragraph (d) of subsection (2), accept or undertake to accept a specified sum of money in settlement of any claim by them in respect of a specified liability, referred to in paragraph (c) or (d) of subsection (2), as the case may be, of a disclosing person, and the specified liability comprises of the liability relating to the matter in respect of which the person had voluntarily furnished a qualifying disclosure and the liability in respect of relevant matters, then paragraph (c) or (d) of subsection (2), as the case may be, shall apply in relation to the disclosing person in respect of the relevant matters, subject to the following modifications:</p>\n<p class=\"lf-p\">(I) a reference to a specified sum shall be construed as a reference to an adjusted specified sum; (II) a reference to a specified liability, shall be construed as a reference to the part of the specified liability relating to the relevant matters; (III) the reference in paragraph (c) of subsection (2) to an agreement made by the Revenue Commissioners with a person whereby they accepted or undertook to accept a specified sum of money in settlement of any claim by them in respect of any specified liability of the person, shall be construed as a reference to an agreement (in this clause referred to as the ‘second mentioned agreement’) made by the Revenue Commissioners with the disclosing person whereby they accepted or undertook to accept an adjusted specified sum of money in settlement of any claim by them in respect of the part of the specified liability of the disclosing person relating to the relevant matters, and the second mentioned agreement shall be deemed to have been made in the relevant period in which the Revenue Commissioners accepted or undertook to accept the total claim sum. (2D) (a) In this subsection— ‘adjusted specified sum’ means the total claim sum less the qualifying disclosure sum; ‘disclosing person’ means a person who makes a qualifying disclosure; ‘qualifying disclosure’ means a qualifying disclosure referred to in subsection (4)(a); ‘qualifying disclosure sum’ means the part of the total claim sum that is in respect of the matter to which a qualifying disclosure relates; ‘relevant matters’, in relation to a disclosing person, means matters occasioning a liability of the kind referred to in subparagraphs (i) to (iii) of paragraph (c) or (d) of subsection (2), as the case may be, which are known or become known to the Revenue Commissioners or any of their officers; ‘total claim sum’ means the sum, being the full amount of the claim by the Revenue Commissioners (in respect of both the matter to which a qualifying disclosure relates and the relevant matters) in respect of a liability, of a kind referred to in subparagraphs (i) to (iii) of paragraph (c) or (d) of subsection (2), as the case may be, of a disclosing person. (b) Notwithstanding subsection (4)(a), where the Revenue Commissioners accept or undertake to accept a sum which is the full amount of their claim in respect of a liability, of a kind referred to in subparagraphs (i) to (iii) of paragraph (c) or (d) of subsection (2), as the case may be, of a disclosing person and the liability comprises of the liability relating to the matter in respect of which the disclosing person had voluntarily furnished a qualifying disclosure and the liability in respect of relevant matters, the following shall apply in relation to the disclosing person in respect of the relevant matters:</p>\n<p class=\"lf-p\">(i) for the purposes of subsection (2), paragraph (c) or (d) of that subsection, as the case may be, shall apply, subject to the following modifications: (I) a reference to a specified sum shall be construed as a reference to an adjusted specified sum; (II) a reference to a specified liability, shall be construed as a reference to the part of the total claim sum relating to the relevant matters; (ii) the Revenue Commissioners shall be deemed to have accepted or undertaken to accept, as the case may be, the adjusted specified sum pursuant to an agreement, of a type referred to in paragraph (c) of subsection (2), made in the relevant period in which the Revenue Commissioners accepted or undertook to accept the total claim sum.”, (d) in subsection (4) — (i) by deleting paragraph (b), (ii) in paragraph (c) — (I) by substituting “the specified sum or the adjusted specified sum (within the meaning of subsection (2C) or (2D)) referred to in paragraph (c) or (d), as the case may be, of subsection (2), including as applied by subsection (2C) or (2D),” for “the specified sum referred to in paragraph (c) or (d), as the case may be, of subsection (2) ”, and (II) by substituting “does not exceed the relevant amount referred to in paragraph (a) of subsection (4A) or, where an order has been made under paragraph (b) of that subsection, the amount specified in the last such order made, or” for “does not exceed €30,000, or”, and (iii) by substituting the following for paragraph (d): “(d) the amount of fine or other penalty included in the specified sum or the adjusted specified sum (within the meaning of subsection (2C) or (2D)) referred to in paragraph (c) or (d), as the case may be, of subsection (2), including as applied by subsection (2C) or (2D), does not exceed 15 per cent of the amount of tax included in that specified sum or adjusted specified sum.”, (e) in subsection (4A)— (i) in paragraph (a) — (I) in the definition of “the consumer price index number relevant to a year”, by substituting “mid-December 2011 was 100” for “mid-December 2001 was 100”, (II) by substituting “Minister for Finance;” for “Minister for Finance.”, and (III) by inserting the following definition: “ ‘the relevant amount’ means €35,000.”, (ii) by substituting the following for paragraph (b): “(b) The Minister may, from time to time, by order provide, in accordance with paragraph (c), an amount in lieu of the relevant amount, or where an order has been made previously under this paragraph, in lieu of the amount specified in the last order so made.”,</p>\n<p class=\"lf-p\">(iii) in paragraph (c), by substituting “the relevant amount or the amount referred to in the last previous order made” for “the amount referred to in subsection (4)(c) or in the last previous order made”, and (iv) in paragraph (d), by substituting the following for subparagraph (ii): “(ii) does not apply to any case in which— (I) the specified liability referred to in paragraphs (c) and (d) of subsection (2), including as applied by subsection (2C) or (2D), or (II) the aggregate referred to in subsection (4B)(b) in respect of paragraphs (a) and (b) of subsection (2), includes tax, the liability in respect of which arose before, or which relates to periods which commenced before, that specified date.”, (f) in subsection (4B), by substituting the following for paragraph (b): “(b) the aggregate of— (i) the tax due in respect of which the penalty is computed, (ii) except in the case of tax due by virtue of paragraphs (g) and (h) of the definition of ‘the Acts’, the interest on that tax, and (iii) the penalty determined by a court, does not exceed the relevant amount referred to in paragraph (a) of subsection (4A) or, where an order has been made under paragraph (b) of that subsection, the amount specified in the last such order made, or”, and (g) by inserting the following after subsection (5A): “(5B) Any list referred to in subsection (2) shall, in a case to which subsection (2B) applies, specify, in such manner as the Revenue Commissioners think fit, that the person has failed to pay the specified sum or the adjusted specified sum (within the meaning of subsection (2C) or (2D)), as the case may be, of money within the relevant period.”.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Subsection (1), other than paragraph (d)(ii)(II) and subparagraphs (i), (ii) and (iii) of paragraph (e), shall apply in relation to a person as respects specified sums referred to in paragraphs (c) and (d) of section 1086(2) of the Principal Act which the Revenue Commissioners accepted, or undertook to accept (including a sum that is the full amount of their claim), in settlement of a specified liability, referred to in the said paragraphs (c) and (d), on or after 1 January 2017.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Paragraph (d)(ii)(II) and subparagraphs (i), (ii) and (iii) of paragraph (e) of subsection (1) come into operation on the passing of this Act.</div>\n<p class=\"lf-p\">Care and management of taxes and duties 58. All taxes and duties imposed by this Act are placed under the care and management of the Revenue Commissioners.</p>\n<p class=\"lf-p\">Short title, construction and commencement 59. (1) This Act may be cited as the Finance Act 2016.</p>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(2)</span>Part 1 shall be construed together with— (a) in so far as it relates to income tax, the Income Tax Acts, (b) in so far as it relates to universal social charge, Part 18D of the Principal Act, (c) in so far as it relates to corporation tax, the Corporation Tax Acts, and (d) in so far as it relates to capital gains tax, the Capital Gains Tax Acts.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(3)</span>Part 2, in so far as it relates to duties of excise, shall be construed together with the statutes which relate to those duties and to the management of those duties.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(4)</span>Part 3 shall be construed together with the Value-Added Tax Acts.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(5)</span>Part 4 shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(6)</span>Part 5 shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(7)</span>Part 6 in so far as it relates to— (a) income tax, shall be construed together with the Income Tax Acts, (b) universal social charge, shall be construed together with Part 18D of the Principal Act, (c) corporation tax, shall be construed together with the Corporation Tax Acts, (d) capital gains tax, shall be construed together with the Capital Gains Tax Acts, (e) customs, shall be construed together with the Customs Acts, (f) duties of excise, shall be construed together with the statutes which relate to duties of excise and the management of those duties, (g) value-added tax, shall be construed together with the Value-Added Tax Acts, (h) stamp duty, shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act, (i) domicile levy, shall be construed together with Part 18C of the Principal Act, and (j) gift tax or inheritance tax, shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(8)</span>Except where otherwise expressly provided for in Part 1, that Part shall come into operation on 1 January 2017.</div>\n<div class=\"lf-abs\"><span class=\"lf-abs-num\">(9)</span>Except where otherwise expressly provided for, where a provision of this Act is to come into operation on the making of an order by the Minister for Finance, that provision shall come into operation on such day or days as the Minister for Finance shall appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.</div>\n<p class=\"lf-p\">1OJ No. L5, 9.1.2004, p.25 2OJ No. C249, 31.7.2014, p.1 3OJ No. L149, 20.5.2014, p.1 4OJ No. L 187, 26.6.2014, p.1 5OJ No. L354, 31.12.2003, p.64 6OJ No. L176, 27.6.2013, p.1 7OJ No. L64, 11.3.2011, p.1 8OJ No. L359, 16.12.2014, p.1 9OJ No. L332, 18.12.2015, p.1 10OJ No. L149, 20.5.2014, p.1 11OJ No. L256, 7.9.1987, p.1 12OJ No. L279, 23.10.2001, p.1 13OJ No. L315, 14.11.2012, p.1 14OJ No. L315, 14.11.2012, p.1 15OJ No. L315, 14.11.2012, p.1 16OJ No. L64, 11.3.2011, p.1 17OJ No. L359, 16.12.2014, p.1 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais</p></div>", "next": 0}