Finance Act, 1980

Finance Act, 1980 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1980 Finance Act, 1980 Finance Act, 1980 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 14 of 1980 FINANCE ACT, 1980 ARRANGEMENT OF SECTIONS

PART I

Income Tax, Sur-Tax, Resource Tax, Corporation Tax and Capital Gains Tax

Chapter I

Income Tax Section

Section 1

Exemption from income tax.

Section 2

Age exemption.

Section 3

Amendment of Part VI (differentiation and graduation of tax by means of reliefs) of Income Tax Act, 1967.

Section 4

Personal reliefs.

Section 5

Amendment of provisions relating to relief for blind persons.

Section 6

Relief in respect of life assurance premiums and certain other payments.

Section 7

Amendment of provisions relating to relief in respect of interest.

Section 8

Charge of income tax for 1980-81 and subsequent years.

Section 9

Amendment of section 3 (“Income Tax Acts”) of Income Tax Act, 1967.

Section 10

Amendment of section 115 (exemptions and reliefs in respect of tax on certain payments on retirement or removal from office or employment) of Income Tax Act, 1967.

Section 11

Amendment of section 336 (trade unions) of Income Tax Act, 1967.

Section 12

Amendment of section 340 (military and other pensions, gratuities and allowances) of Income Tax Act, 1967.

Section 13

Amendment of section 344 (exemption of interest on certain deposits) of Income Tax Act, 1967.

Section 14

Amendment of section 477 (time for payment of tax) of Income Tax Act, 1967, and section 20 (interest on income tax and sur-tax in cases of fraud or neglect) of Finance Act, 1971.

Section 15

Amendment of section 7 (relief for certain expenditure on residential premises) of Finance Act, 1979.

Section 16

Cesser of section 11 (treatment for tax purposes of certain benefits payable under Social Welfare Acts, 1952 to 1979, and under Insurance (Intermittent Unemployment) Acts, 1942 to 1978) of Finance Act, 1979.

Section 17

Amendment of provisions relating to certain time limits.

Chapter II

Taxation of Married Persons

Section 18

Amendment of Part IX of Income Tax Act, 1967.

Section 19

Consequential amendments.

Section 20

Prohibition on certain repayments of tax for 1979-80 and earlier years.

Section 21

Assessments for 1979-80 and earlier years made after passing of Act.

Chapter III

Taxation of Farming Profits

Section 22

Extension of tax charge on farming profits.

Section 23

Application for 1980-81 of section 20A (optional basis of assessment) of Finance Act, 1974.

Section 24

Cesser of sections 20 (basis of assessment) and 21 (notional basis of assessment) of Finance Act, 1974.

Section 25

Application of section 28 (farming profits: restriction of personal allowances) of Finance Act, 1974.

Section 26

Farming: provision relating to capital allowances.

Section 27

Farming: allowances for capital expenditure on construction of buildings and other works.

Section 28

Farming: provision relating to relief in respect of increase in stock values.

Section 29

Amendment of provisions relating to the occupation of farm land by individuals and the deeming of farm land to be so occupied.

Chapter IV

Resource Tax

Section 30

Charge of resource tax.

Section 31

Marginal relief.

Section 32

Disallowance of resource tax for purposes of Tax Acts.

Section 33

Date of payment of resource tax.

Section 34

Assessment and collection of resource tax.

Section 35

Application of income tax provisions to resource tax and power to combine returns, etc..

Section 36

Occupation of farm land for purposes of resource tax.

Chapter V

Corporation Tax

Section 37

Amendment of Chapter IV (manufacturing companies) of Part I of Finance Act, 1977.

Chapter VI

Corporation Tax: Relief in Relation to Certain Income of Manufacturing Companies

Section 38

Definitions.

Section 39

Meaning of “goods”.

Section 40

Apportionment.

Section 41

Basis of relief from corporation tax.

Section 42

Provisions relating to relief under Part IV (profits from export of certain goods) of Corporation Tax Act, 1976.

Section 43

Provisions relating to exempted trading operations under Part V (profits from trading within Shannon Airport) of Corporation Tax Act, 1976.

Section 44

Transactions between associated persons.

Section 45

Distributions.

Section 46

Treatment of certain deductions in relation to relevant distributions.

Section 47

Provisions relating to relief for certain losses and capital allowances carried forward from 1975-76.

Section 48

Provisions relating to relief for certain corporation profits tax losses.

Section 49

Dividends and other distributions at gross rate or of gross amount.

Section 50

Exclusion of mining and construction operations.

Section 51

Appeals.

Chapter VII

Income Tax and Corporation Tax

Section 52

Amendment of section 40 (application of section 31 (building societies) of Corporation Tax Act, 1976, for certain years of assessment) of Finance Act, 1977.

Section 53

Amendment of provisions relating to relief in respect of increase in stock values.

Section 54

Amendment of provisions relating to appeals.

Section 55

Amendment of provisions relating to charge of income tax under Schedules.

Section 56

Amendment of section 24 (business entertainment expenses) of Finance Act, 1973.

Section 57

Use of certificates in proceedings for recovery of tax or penalties.

Section 58

Amendment of section 265 (balancing allowances and balancing charges) of Income Tax Act, 1967.

Chapter VIII

Anti-evasion

Section 59

Amendment of section 516 (penalty for false statement made to obtain allowance) of Income Tax Act, 1967.

Section 60

Amendment of section 34 (inspection of documents and records) of Finance Act, 1976.

Chapter IX

Capital Gains Tax

Section 61

Amendment of provisions relating to married persons in Capital Gains Tax Act, 1975.

Section 62

Deletion of references to sterling in Capital Gains Tax Act, 1975.

PART II

Customs and Excise

Section 63

Interpretation (Part II).

Section 64

Beer.

Section 65

Spirits.

Section 66

Tobacco products.

Section 67

Wine and made wine.

Section 68

Cider and perry.

Section 69

Table waters.

Section 70

Hydrocarbons.

Section 71

Motor vehicles.

Section 72

Televisions.

Section 73

Gramophone records.

Section 74

Gaming machine licences.

Section 75

Mechanical lighters.

Section 76

Increase of duties on certain intoxicating liquor licences.

Section 77

Increase of duties on certain other licences.

Section 78

Excise duty on public dancing licence, occasional licence, special exemption order and authorisation to a club.

Section 79

Confirmation of Orders.

PART III

Value-Added Tax

Section 80

Increase of rate of tax on certain goods and services.

Section 81

Amendment of section 8 of Value-Added Tax Act, 1972.

Section 82

Amendment of First Schedule to Value-Added Tax Act, 1972.

PART IV

Capital Acquisitions Tax

Section 83

Amendment of section 19 of Capital Acquisitions Tax Act, 1976.

Section 84

Amendment of section 35 of Capital Acquisitions Tax Act, 1976.

PART V

Stamp Duties

Section 85

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

Section 86

Stamp duties on course bets.

Section 87

Revocation of Order.

PART VI

Miscellaneous

Section 88

Capital Services Redemption Account.

Section 89

Amendment of section 47 (disclosure of certain information by Revenue Commissioners to certain persons) of Finance Act, 1978.

Section 90

Increase of excise duties on licences for mechanically propelled vehicles.

Section 91

Amendment of Finance (Excise Duties) (Vehicles) Act, 1952.

Section 92

Increase of excise duties on vehicle trade licences.

Section 93

Interest on death duties.

Section 94

Repeals.

Section 95

Care and management of taxes and duties.

Section 96

Short title, construction and commencement.

FIRST SCHEDULE Amendment of Enactments

Part I

Amendments Consequential on Changes in Personal Reliefs

Part II

Provisions in respect of Certain Retirement Benefits, etc.

Part III

Amendments Consequential on Provisions Relating to the Taxation of Married Persons SECOND SCHEDULE Rates of Excise Duty on Spirits THIRD SCHEDULE Rates of Excise Duty on Tobacco Products FOURTH SCHEDULE

Part I

Rates of Excise Duty on Wine

Part II

Rates of Excise Duty on Made Wine FIFTH SCHEDULE Rates of Excise Duty on Cider and Perry SIXTH SCHEDULE Rates of Excise Duty on Televisions SEVENTH SCHEDULE Rates of Excise Duty on Certain Licences

Part I

Intoxicating Liquor Licences

Part II

Firearm Certificates

Part III

Gaming Licences

Part IV

Other Licences EIGHTH SCHEDULE Enactments Repealed Number 14 of 1980 FINANCE ACT, 1980 AN ACT TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE), TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE) AND TO MAKE FURTHER PROVISIONS IN CONNECTION WITH FINANCE. [25th June, 1980] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Income Tax, Sur-Tax, Resource Tax, Corporation Tax and Capital Gains Tax

Chapter I

Income Tax Exemption from income tax.

1.—(1) Where, for the year 1980-81 or any subsequent year of assessment— (a) an individual makes a claim for the purpose, makes a return in the prescribed form of his total income for that year and proves that it does not exceed the specified amount, he shall be entitled to exemption from income tax, or (b) an individual makes a claim for the purpose, makes a return in the prescribed form of his total income for that year and proves that it does not exceed £5,000, he shall be entitled to have the amount of income tax payable in respect of his total income for that year, if that amount would, but for the provisions of this subsection, exceed a sum equal to 60 per cent. of the amount by which his total income exceeds the specified amount, reduced to that sum.

Age exemption.

2.—(1) This section applies, for the year 1980-81 or any subsequent year of assessment, to an individual who makes a claim for the purpose, makes a return in the prescribed form of his total income for that year and proves that, at some time during the year of assessment, either he or, in a case where the individual would, apart from this section, be entitled to a deduction specified in section 138 (a) of the Income Tax Act, 1967 , his spouse, was of the age of sixty-five years or upwards.

(5)

Section 7

of the Finance Act, 1977 , shall not apply or have effect in relation to the year 1980-81 or any subsequent year of assessment.

Provided that, if at any time during the year of assessment either the individual or his spouse was of the age of seventy-five years or upwards, “the specified amount” means £5,000; (b) in any other case, £2,000:

Provided that, if at any time during the year of assessment the individual was of the age of seventy-five years or upwards, “the specified amount” means £2,500.

Amendment of Part VI (differentiation and graduation of tax by means of reliefs) of Income Tax Act, 1967.

3.—As respects the year 1980-81 and subsequent years of assessment,

Part VI

of the Income Tax Act, 1967 , is hereby amended by the substitution for sections 138 and 138A of the following sections:

Personal allowances. “138.—The deductions specified in this section for the purpose of ascertaining the taxable income (within the meaning of section 137) of an individual for a year of assessment are— (a) in a case in which the claimant is a husband— (i) who is assessed to tax for the year of assessment in accordance with the provisions of section 194, or (ii) who proves that his wife is not living with him but that she is wholly or mainly maintained by him for the year of assessment and that he is not entitled, in computing his income for tax purposes for that year, to make any deduction in respect of the sums paid by him for the maintenance of his wife, a deduction of £2,230:

Provided that, where, but for this proviso, the husband would be entitled to a deduction of £2,230 under the foregoing provision he shall, if he proves that his marriage took place in that year of assessment, be entitled to a deduction of £2,345 in lieu of the deduction of £2,230, (b) in a case in which the claimant in the year of assessment— (i) is a widowed person, a deduction of £1,185, or (ii) is a widow whose husband has died in that year of assessment, a deduction of £2,230, and (c) in any other case, a deduction of £1,115.

Additional allowance for widows and others in respect of children.

138A.—If for any year of assessment the claimant proves that— (a) he is a person who is not entitled to a deduction mentioned in paragraph (a) or paragraph (b) (ii) of section 138, and (b) he is entitled, for that year of assessment, to a deduction under section 141 in respect of a child resident with him, he shall be entitled to a deduction of £500:

Provided that this section shall not apply for any year of assessment in the case of a husband or a wife where the wife is living with her husband.

Employee allowance.

138B.—(1) If, for any year of assessment, the claimant proves that his total income for the year consists of or includes emoluments (including in the case where the claimant is a husband who is assessed to tax in accordance with the provisions of section 194, any emoluments of his wife which are deemed to be income of his by that section for the purposes referred to in that section)— (a) a deduction of £400 shall be made from so much, if any, of the emoluments (but not including, in the case where the claimant is a husband assessed as aforesaid the emoluments, if any, of his wife) as arise to the claimant, and (b) in the case where the claimant is a husband assessed as aforesaid, a deduction of £400 shall be made from so much, if any, of the emoluments as arise to his wife.

Part IV

of the Finance (Miscellaneous Provisions) Act, 1968 ) to a proprietary director of the body corporate or to the spouse or child of such a proprietary director, and (b) emoluments paid, directly or indirectly, by an individual (or by a partnership in which the individual is a partner) to the spouse or child of the individual; “proprietary director” has the meaning assigned to it by section 226 of the Income Tax Act, 1967. ”.

Personal reliefs.

4.—(1) Where a deduction falls to be made from the total income of an individual for the year 1980-81 or any subsequent year of assessment in respect of relief to which the individual is entitled under a provision mentioned in column (1) of the Table to this subsection and the amount of the deduction would, but for this section, be an amount specified in column (2) of the said Table, the amount of the deduction shall, in lieu of being the amount specified in the said column (2), be the amount specified in column (3) of the said Table opposite the mention of the amount in the said column (2).

TABLE Statutory provision Amount to be deducted from total income for 1979-80 Amount to be deducted from total income for 1980-81 and subsequent years

(1)

(2)

(2)

Section 6

of the Finance Act, 1974 , and section 3 of the Finance Act, 1979 , shall have effect subject to the provisions of this section.

Amendment of provisions relating to relief for blind persons.

5.—

Section 11

of the Finance Act, 1971 , is hereby amended— (a) by the substitution of the following subsection for subsections (2) and (3): “(2) Subject to the provisions of this section, an individual who, in the manner prescribed by the Income Tax Acts, makes a claim in that behalf, makes a return in the prescribed form of his total income and proves that— (a) he was for the whole or any part of the year of assessment a blind person, or (b) he is assessed to tax for the year in accordance with the provisions of section 194 of the Income Tax Act, 1967 , and that his wife was for the whole or any part of the year a blind person, shall, in computing the amount of his taxable income for the year of assessment, be entitled to have a deduction of £330 made from his total income:

Provided that in a case where paragraph (b) applies and the claimant proves in addition that he was for the whole or any part of the year a blind person, he shall be entitled to a deduction of £660 in lieu of the said deduction of £330.”, and (b) by the deletion of subsections (6) and (8).

Relief in respect of life assurance premiums and certain other payments.

6.—(1)

Section 143

of the Income Tax Act, 1967 , is hereby amended: (a) by the substitution in paragraph (b) of subsection (2) of “spouse” for “wife”, (b) by the insertion in subsection (6) of “, in a case in which the husband is assessed to tax in accordance with the provisions of section 194,” after “the same deduction shall”, and the said paragraph (b) and the said subsection (6), as so amended, are set out in the Table to this subsection.

TABLE (b) the insurance, or, as the case may be, the deferred annuity, is on the life of the claimant or on the life of his spouse; and

(2)

Section 152

Amendment of provisions relating to relief in respect of interest.

7.—(1)

Section 496

of the Income Tax Act, 1967 , is hereby amended— (a) by the insertion of the following subsection after subsection (2): “(2A) In relation to any interest paid in respect of any period beginning on or after the 6th day of April, 1980, notwithstanding the provisions of subsection (1), no repayment of tax shall be made under this section for any year of assessment— (a) in the case of a husband, who is assessed to tax for the year of assessment in accordance with the provisions of section 194, on the excess of the interest over £4,800, (b) in the case of a widowed person, on the excess of the interest over £3,500, or (c) in any other case, on the excess of the interest over £2,400.”; (b) by the insertion after subsection (3) of the following subsection: “(3A) Where, in relation to interest paid in respect of any period beginning on or after the 6th day of April, 1980, relief is claimed by a person by virtue of more than one of the following provisions, that is to say, this section, section 76 (1) (c) and paragraph 1 (2) of Part III of Schedule 6, relief shall not be given to such person in respect of the part (if any) of the aggregate amount of interest paid by him that exceeds the appropriate amount specified in subsection (2A) in relation to the year of assessment 1980-81 and subsequent years of assessment.”: and (c) in subsection (4), by the substitution for “subsection (2)” of “subsections (2) and (2A)”.

Section 38

of the Finance Act, 1974 , is hereby amended— (i) by the substitution for subsection (1) of the following subsection: “(1) In relation to connected persons, the reference in section 496 of the Income Tax Act, 1967 , and sections 44 and 52 to any sum shall, in the case of each such person, be taken to be a reference to the proportion of that sum which the interest paid by that person bears to the aggregate of the interest paid by all the connected persons.” and (ii) by the substitution in subsection (2) for “1968” of the following: “1968:

Provided that in a case where a husband and wife are assessed to income tax for a year of assessment in accordance with the provisions of section 193 of the Income Tax Act, 1967 , they shall not, for that year of assessment, be connected persons for the purposes of this subsection.”. (b)

Section 9

of the Finance Act, 1979 , shall have effect for the year 1980-81 and subsequent years of assessment as if paragraph (b) in the Table were deleted.

(4)

Section 10

of the Finance Act, 1979 , is hereby amended, as respects the year 1980-81 and subsequent years of assessment, by the substitution in subsection (2) of the following definition for the definition of “A”: “A is— (i) in the case of a husband who is assessed to tax in accordance with the provisions of section 194 of the Income Tax, 1967, £4,800, (ii) in the case of a widowed person, £3,500, or (iii) in any other case, £2,400.”.

Charge of income tax for 1980-81 and subsequent years.

8.—Where a person who is charged to income tax for the year 1980-81 or any subsequent year of assessment is an individual (other than an individual acting in a fiduciary or representative capacity), he shall, notwithstanding anything in the Income Tax Acts but subject to section 5

TABLE

PART I

Part of taxable income Rate of tax Description of rate

(1)

(2)

The remainder 60 per cent.

PART II

Part of taxable income Rate of tax Description of rate

(1)

(2)

The remainder 60 per cent.

Amendment of section 3 (“Income Tax Acts”) of Income Tax Act, 1967.

9.—

Section 3

of the Income Tax Act, 1967 , is hereby amended by the substitution for “In any enactment” of “In this Act and in any enactment” and the said section, as so amended, is set out in the Table to this section.

TABLE 3. In this Act and in any enactment passed after this Act “the Income Tax Acts” shall mean this Act and every other enactment relating to income tax.

Amendment of section 115 (exemptions and reliefs in respect of tax on certain payments on retirement or removal from office or employment) of Income Tax Act, 1967.

10.—(1)

Section 115

of the Income Tax Act, 1967 , is hereby amended— (a) by the substitution for subsection (2) of the following subsection: “(2) Tax shall not be charged by virtue of section 114 in respect of a payment in respect of an office or employment in which the holder's service included foreign service where the foreign service comprised— (a) in any case, three-quarters of the whole period of service down to the relevant date, or (b) where the period of service down to the relevant date exceeded ten years, the whole of the last ten years, or (c) where the period of service down to the relevant date exceeded twenty years, one-half of that period, including any ten of the last twenty years.”, (b) by the substitution in subsection (3) of “£6,000” for “£3,000” in both places where it occurs, (c) by the deletion in subsection (7) of “, ‘payment of compensation for loss of office’”, and the said subsections (3) and (7), as so amended, are set out in the Table to this section.

TABLE

Provided that where two or more payments in respect of which tax is chargeable by virtue of that section, or would be so chargeable apart from the foregoing provisions of this subsection, are made to or in respect of the same person in respect of the same office or employment, or in respect of different offices or employments held under the same employer or under associated employers, this subsection shall apply as if those payments were a single payment of an amount equal to that aggregate amount; and the amount of any one payment chargeable to tax shall be ascertained as follows, that is to say— (a) where the payments are treated as income of different years of assessment, the said sum of £6,000 shall be deducted from a payment treated as income of an earlier year before any payment treated as income of a later year; and (b) subject as aforesaid, the said sum shall be deducted rateably from the payments according to their respective amounts.

Amendment of section 336 (trade unions) of Income Tax Act, 1967.

11.—

Section 336

of the Income Tax Act, 1967 , is hereby amended, as respects the year 1980-81 and subsequent years of assessment, by the substitution of “£2,000” for “£600” and of “£750” for “£450” (inserted by the Finance Act, 1973 ), and the said section (apart from the second paragraph), as so amended, is set out in the Table to this section.

TABLE 336. A registered trade union which is precluded, by statute or by its rules, from assuring to any person a sum exceeding £2,000 by way of gross sum, or £750 a year by way of annuity, shall be entitled to exemption from tax under Schedules C, D and F in respect of its interest and dividends which are applicable and applied solely for the purpose of provident benefits.

Amendment of section 340 (military and other pensions, gratuities and allowances) of Income Tax Act, 1967.

12.—

Section 340

Military Service Pensions Act, 1924 Military Service Pensions Act, 1934 Connaught Rangers (Pensions) Act, 1936 Army Pensions Act, 1971 , as extended by section 11 of the Army Pensions Act, 1973 .”.

Amendment of section 344 (exemption of interest on certain deposits) of Income Tax Act, 1967.

13.—As respects the year 1980-81 and subsequent years of assessment, section 344 of the Income Tax Act, 1967 , is hereby amended by the substitution for subsections (1) and (2) of the following subsections: “(1) Where the total income of an individual for the year of assessment includes, or would but for this section include, any sums (in this section referred to as ‘the said sums’) paid or credited in respect of interest on— (a) deposits with a trustee savings bank or with the Post Office Savings Bank, or (b) deposits with any of the commercial banks, the said sums shall be disregarded for all the purposes of the Income Tax Acts if or in so far as the said sums do not exceed— (i) in the case of sums representing interest on deposits mentioned in paragraph (a), £150, or (ii) in the case of sums representing interest on deposits mentioned in paragraph (b), £70:

Provided that the total sums to be so disregarded shall not exceed £150:

Provided also that the provisions of this Act as regards the making by the individual of a return of his total income shall apply as if this section had not been enacted.

Amendment of section 477 (time for payment of tax) of Income Tax Act, 1967, and section 20 (interest on income tax and sur-tax in cases of fraud or neglect) of Finance Act, 1971.

14.—(1)

Section 477

of the Income Tax Act, 1967 , is hereby amended, as respects the year 1980-81 and subsequent years of assessment, by the substitution, for subsections (1), (2), (2A) and (2B), of the following subsections: “(1) Subject to the provisions of this section, tax contained in an assessment for any year of assessment shall be payable on or before the 1st day of October in that year, except that tax included in an assessment for any year of assessment which is made on or after the 1st day of October in that year shall be deemed to be due and payable on the day next after the day on which the assessment is made.

Provided that where the assessment is not made until after the said 1st day of January, 1981, this subsection shall not have effect and the tax shall be due and payable as provided in subsection (1).”.

(2)

Section 20

Amendment of section 7 (relief for certain expenditure on residential premises) of Finance Act, 1979.

15.—Section 7 of, and the Second Schedule to, the Finance Act, 1979 , shall have effect, for the purpose of ascertaining the amount of income on which a person is to be charged to income tax for the year 1980-81, as if— (a) “1980-81” were substituted for “1979-80” in subsection (1) and the following proviso were added to the said subsection, “Provided also that in a case where the claimant is a husband who is assessed to tax in accordance with the provisions of section 194 of the Income Tax Act, 1967 , this subsection shall have effect as if ‘£900’ were substituted for ‘£450’ ”, and (b) (i) “the period commencing on the 6th day of April, 1980, and ending on the 5th day of April, 1981” were substituted for “the period commencing on the 6th day of April, 1979, and ending on the 5th day of April, 1980” in the definition of “qualifying period” in paragraph 1 of that Schedule, and (ii) “1980-81” were substituted for “1979-80” in paragraph 4 (1) of that Schedule.

Cesser of section 11 (treatment for tax purposes of certain benefits payable under Social Welfare Acts, 1952 to 1979, and under Insurance (Intermittent Unemployment) Acts, 1942 to 1978) of Finance Act, 1979.

16.—

Section 11

of the Finance Act, 1979 , shall not apply or have effect in relation to the year 1980-81 or any subsequent year of assessment.

Amendment of provisions relating to certain time limits.

17.—(1)

Section 296

of the Income Tax Act, 1967 , shall, as respects the year 1980-81 and subsequent years of assessment, have effect as if, in the proviso to subsection (1), “two years after the end of the year of assessment” were substituted for “one year after the end of the year of assessment”.

TABLE

PART I

(a) Subsections (3) and (4) of section 58 (basis of assessment, Cases I and II of Schedule D) of the Income Tax Act, 1967 . (b) Subsection (7) (b) of section 72 (capital allowances and balancing charges in partnership cases) of the Income Tax Act, 1967 . (c) Paragraph (ii) of the proviso to subsection (1) of section 77 (basis of assessment, Case III of Schedule D) of the Income Tax Act, 1967 .

PART II

(a) Subsection (5) of section 241 (wear and tear of machinery, plant, etc.,) of the Income Tax Act, 1967 . (b) Subparagraphs (i) and (ii) of subsection (3) (d) of section 244 (allowance for scientific research) of the Income Tax Act, 1967 . (c) Subsection (4) of section 245 (allowance for mining development) of the Income Tax Act, 1967 .

Chapter II

Taxation of Married Persons Amendments of Part IX of Income Tax Act, 1967.

18.—As respects assessments to income tax for the year 1980-81 and any subsequent year of assessment, Part IX of the Income Tax Act, 1967 , is hereby amended by the substitution of the following chapter for Chapter I: “Chapter I Special Provisions as to Married Persons Interpretation (Chapter I).

192.—(1) A wife shall be treated for income tax purposes as living with her husband unless either— (a) they are separated under an order of a court of competent jurisdiction or by deed of separation, or (b) they are in fact separated in such circumstances that the separation is likely to be permanent.

Assessment as single persons.

193.—In any case in which a wife is treated as living with her husband, income tax shall be assessed, charged and recovered, save as otherwise provided by the Income Tax Acts, on the income of the husband and on the income of the wife as if they were not married:

Provided that, where an election under section 195 has effect in relation to a husband and wife for a year of assessment, this section shall not have effect in relation to that husband and wife for that year of assessment.

Assessment on husband in respect of income of both spouses.

194.—(1) Where, in the case of a husband and wife, an election under section 195 to be assessed to tax in accordance with the provisions of this section, has effect for a year of assessment— (a) the husband shall be assessed and charged to tax, not only in respect of his total income (if any) for that year, but also in respect of his wife's total income (if any) for any part of that year of assessment during which she is living with him, and, for this purpose and for all the purposes of the Income Tax Acts, that last mentioned income shall be deemed to be income of his; (b) the question whether there is any income of the wife chargeable to tax for any year of assessment and, if so, what is to be taken to be the amount thereof for tax purposes shall not be affected by the provisions of this section; and (c) any tax falling to be assessed in respect of any income which, under this section, is deemed to be income of a woman's husband shall, instead of being assessed on her, or on her trustees, guardian or committee, or on her executors or administrators, be assessable on him or, in the appropriate cases, on his executors or administrators.

Election for assessment under section 194.

195.—(1) A husband and his wife, where the wife is living with the husband, may, at any time during a year of assessment, by notice in writing given to the inspector, jointly elect to be assessed to tax for that year of assessment in accordance with the provisions of section 194, and where such election is made, the income of the husband and the income of the wife shall be assessed to tax for that year in accordance with those provisions.

Special provisions relating to tax on wife's income.

196.—(1) Where— (a) an assessment to income tax (in this section referred to as ‘the original assessment’) has been made for any year of assessment on a man, or on a man's trustee, guardian or committee, or on a man's executors or administrators, (b) the Revenue Commissioners are of opinion that, if an application for separate assessment under section 197 had been in force with respect to that year of assessment, an assessment in respect of, or of part of, the same income would have fallen to be made on, or on the trustee, guardian or committee of, or on the executors or administrators of, a woman who is the said man's wife or was his wife in that year of assessment, and (c) the whole or part of the amount payable under the original assessment has remained unpaid at the expiration of twenty-eight days from the time when it became due, the Revenue Commissioners may give to her, or, if she is dead, to her executors or administrators, or, if such an assessment as is referred to in paragraph (b) could, in the circumstances therein referred to, have been made on her trustee, guardian or committee, to her or to her trustee, guardian or committee, a notice— (i) stating particulars of the original assessment and of the amount remaining unpaid thereunder, and (ii) stating particulars, to the best of their judgment, of the assessment which would have fallen to be made as aforesaid, and requiring the person to whom the notice is given to pay the amount which would have been payable under the last-mentioned assessment if it conformed with those particulars, or the amount remaining unpaid under the original assessment, whichever is the less.

Application for separate assessments.

197.—(1) Where an election by a husband and wife to be assessed to tax in accordance with the provisions of section 194 has effect in relation to a year of assessment, and, in relation to that year of assessment, an application is made for the purpose under this section, in such manner and form as may be prescribed by the Revenue Commissioners, either by the husband or by the wife, income tax for that year shall be assessed, charged and recovered on the income of the husband and on the income of the wife as if they were not married and all the provisions of this Act with respect to the assessment, charge and recovery of tax shall, save as otherwise provided by this Act, apply as if they were not married except that— (a) the total deductions from total income allowed to the husband and wife by way of personal reliefs shall be the same as if the application had not had effect with respect to that year, (b) the total tax payable by the husband and wife for that year shall be the same as the total tax which would have been payable by them if the application had not had effect with respect to that year, and (c) the provisions set out in section 198 shall have effect.

Provided that, in relation to a subsequent year of assessment, the person who made the application may, by notice in writing given to the inspector before the 6th day of July in that year, withdraw that election, and, thereupon, subsection (1) shall not have effect for the year of assessment in relation to which the notice was given or any subsequent year of assessment.

Method of apportioning reliefs and charging tax in cases of separate assessments.

198.—(1) Where, pursuant to an application under section 197, a husband and wife are assessed to tax for a year of assessment in accordance with the provisions of that section— (a) subject to subsection (2), the benefit flowing from the personal reliefs may be given either by way of reduction of the amount of the tax to be paid, or by repayment of any excess of tax which has been paid, or by both of those means, as the case requires, and shall be allocated to the husband and the wife— (i) so far as it flows from relief under sections 138 and 141 (other than subsection (2)), section 11 of the Finance Act, 1971 , and section 8 of the Finance Act, 1974 , in the proportions of one-half and one-half, (ii) so far as it flows from relief under section 138B, to the husband or to the wife according as the emoluments from which the deduction under that section is made are emoluments of the husband or of the wife, (iii) so far as it flows from relief in respect of a child under section 141 (2) or relief in respect of a dependent relative under section 142, to the husband or to the wife according as he or she maintains the child or relative, (iv) so far as it flows from relief under sections 143, 145, 151 and 152, to the husband or to the wife according as he or she made the payment giving rise to the relief, (v) so far as it flows from relief under section 12 of the Finance Act, 1967 , in the proportions in which they bore the expenditure giving rise to relief, (vi) so far as it flows from relief under section 3 of the Finance Act, 1969 , in the proportions in which they bear the cost of employing the person in respect of whom the relief is given, (vii) so far as it flows from relief under section 7 of the Finance Act, 1979 , in the proportions in which they incurred the expenditure giving rise to the relief, (b) subject to subsection (3), section 8 of the Finance Act, 1980, shall apply for that year, in relation to each of the spouses concerned, as if the part of taxable income specified in Part II of the Table to that section which is to be charged to tax at any of the rates specified therein (other than the rate expressed to be chargeable on the remainder of taxable income) were one-half of the part so specified.

Consequential amendments.

19.—Part III of the First Schedule shall have effect, as respects the year 1980-81 and subsequent years of assessment, for the purpose of supplementing this Chapter.

Prohibition on certain repayments of tax for 1979-80 and earlier years.

20.—(1) In this section “relevant year” means the year 1979-80 or any earlier year of assessment.

Assessments for 1979-80 and earlier years made after passing of Act.

21.—(1) In this section— “assessment” includes an additional assessment; “an assessment to which this section applies” means an assessment to tax made, on or after the passing of this Act, on an individual for a relevant year; “relevant year” means the year 1979-80 or any earlier year of assessment; “the relevant rate” means, as respects any of the years 1974-75 to 1979-80, the highest of the higher rates which applied for that year of assessment and, as respects any other relevant year, the rate equal to the aggregate of the standard rate of income tax for that year and the highest rate at which sur-tax was chargeable for that year; “the relevant tax”, in relation to an individual, means the amount of tax for a relevant year which— (a) would have been payable by the individual for that year, or (b) in a case where the individual is a wife who was treated as living with her husband for that year, would have been payable for that year by the husband of the individual, if an assessment in respect of the total income of the individual and of his spouse for that year had been made on the 6th day of October in that year on the individual or on the husband of the individual, as the case may be, being an assessment made on the basis and in accordance with the practice prevailing at that time; “tax” means income tax or sur-tax or income tax and sur-tax as the context requires.

Provided that any income contained in an assessment made on a husband which, before the 12th day of October, 1979, in accordance with the practice prevailing at the time the assessment was made, was deemed to be his income shall not be regarded as income of any other person.

Chapter III

Taxation of Farming Profits Extension of tax charge on farming profits.

22.—As respects the year 1980-81 and subsequent years of assessment— (a) section 15 (farming profits to be charged under Schedule D) of the Finance Act, 1974 , is hereby amended by the substitution in subsection (3) of “£40” for “£50”, and (b) section 19 (limit on amount of tax to be charged in certain cases) of the said Act (inserted by the Finance Act, 1978 ) is hereby amended— (i) by the substitution in the definition of V in subsection (1) of “£39” for “£49”, and (ii) by the substitution in subsection (2) of “£49” for “£59”, and the said subsection (3) (apart from the proviso), the said definition and the said subsection (2), as so amended, are set out in the Table to this section.

TABLE

V is 1 or, if greater, the number equivalent to the amount by which the rateable valuation of the farm land occupied by him for that year exceeds £39.

Application for 1980-81 of section 20A (optional basis of assessment) of Finance Act, 1974.

23.—Section 20A (inserted by the Finance Act, 1978 ) of the Finance Act, 1974 , shall have effect for the year 1980-81 as if — (a) “1980-81” were substituted for “1978-79” in each place where it occurs, (b) “ section 22 of the Finance Act, 1980 ” were substituted for “ section 13 of the Finance Act, 1978 ” in paragraph (a) (ii), and (c) “1980” were substituted for “1978” in paragraph (a) (II).

Cesser of sections 20 (basis of assessment) and 21 (notional basis of assessment) of Finance Act, 1974.

24.— Sections 20 and 21 (inserted by the Finance Act, 1978 ) of the Finance Act, 1974 , shall not apply or have effect in relation to the year 1980-81 or any subsequent year of assessment.

Application of section 28 (farming profits: restriction of personal allowances) of Finance Act, 1974.

25.—(1) In any case where section 28 of the Finance Act, 1974 , applies for any year of assessment in relation to an individual— (a) if the other income, within the meaning of that section, of the individual is income of his spouse, the individual and his spouse shall be assessed to tax for that year in accordance with the provisions of section 193 of the Income Tax Act, 1967 , and the proviso to the said section 193 shall not have effect, (b) if the individual makes a claim for the year of assessment under section 1 or 2 of the Finance Act, 1980, “the specified amount” in each of those sections shall, in relation to the individual for that year of assessment, be construed as meaning the amount so specified as reduced by the amount by which it would be reduced by virtue of the said section 28 if the specified amount was the aggregate amount of the deductions to be made from the total income of the individual concerned in respect of personal reliefs claimed by him for that year of assessment.

Farming: provision relating to capital allowances.

26.—(1) In this section— “farming” has the same meaning as in Chapter II of Part I of the Finance Act, 1974 : “specified machinery or plant” means machinery or plant in use or intended for use for the purposes of a trade of farming but not including fixed machinery and fixed plant designed to be used exclusively in a farm building and which is in use or is intended to be used in such a building; “specified provisions” means section 251 of the Income Tax Act, 1967 , section 11 of the Finance Act, 1967 and section 26 of the Finance Act, 1971 .

Farming: allowances for capital expenditure on construction of buildings and other works.

27.—As respects expenditure incurred on or after the 6th day of April, 1980, section 22 (inserted by the Corporation Tax Act, 1976 ) of the Finance Act, 1974 , is hereby amended by the substitution for subsection (2) of the following subsection: “(2) Where a person to whom this section applies incurs, for the purpose of a trade of farming land occupied by him, any capital expenditure on the construction of farmhouses, farm buildings, cottages, fences or other works, there shall be made to him during a writing-down period of ten years beginning with the chargeable period related to that expenditure, writing-down allowances (in this section referred to as ‘farm buildings allowances’) in respect of that expenditure and such allowances shall be made in taxing the trade:

Provided that— (a) the farm buildings allowance to be granted for any chargeable period shall, subject to paragraph (b), be increased by such amount as is specified by the person to whom the allowance is to be made in making his claim for the allowance and, in relation to a case in which this proviso has had effect, any reference in the Tax Acts to a farm buildings allowance made under this section shall be construed as a reference to that allowance as increased under this proviso, and (b) the maximum farm buildings allowance to be made under this section for any chargeable period shall not exceed three-tenths of the capital expenditure to which the said farm buildings allowance relates.”.

Farming: provision relating to relief in respect of increase in stock values.

28.—(1) Where, in computing profits from the trade of farming, a deduction allowed by virtue of section 12 of the Finance Act, 1976 , has effect for the year 1980-81— (a) section 31

Provided that— (A) this subsection shall not be construed as enabling the value of trading stock at the end of an accounting period or at the beginning of an immediately succeeding accounting period to exceed the value of the trading stock at the beginning of the first mentioned accounting period, (B) nothing in this subsection shall affect the provisions of section 12

Amendment of provisions relating to the occupation of farm land by individuals and the deeming of farm land to be so occupied.

29.—As respects the year 1980-81 and subsequent years of assessment, section 17 of the Finance Act, 1974 , is hereby amended— (a) by the addition to subsection (1) of the following proviso: “Provided that farm land shall not be deemed to be occupied by an individual by reason of the fact that it is farm land of which his wife is the beneficial owner, if the individual does not have the use of that farm land and his wife— (i) has the use of that farm land, or (ii) is chargeable to tax under Case V of Schedule D on payments received in respect of the occupation of that farm land and those payments are not less than the payments which, having regard to values prevailing at the time, are not less than the payments which could have been obtained in respect of that land on the basis that negotiations for the payments had been at arm's length.” (b) by the addition thereto of the following subsection: “(8) In determining for the purposes of section 15 (3) and of section 30 (1) of the Finance Act, 1980 whether the rateable valuation of all farm land occupied by an individual did not at any time during a year of assessment amount to or exceed a particular amount in a case where farm land is beneficially owned by an individual jointly with any other person or persons, the individual shall, in relation to the farm land so owned, be deemed, notwithstanding the preceding provisions of this section, to occupy farm land the rateable valuation of which is an amount equal to the total rateable valuation of the farm land so owned.”.

Chapter IV

Resource Tax Charge of resource tax.

30.—(1) This section applies to any person (other than a body of persons, or a trust, established for charitable purposes only) who at any time during a year of assessment (being the year 1980-81 or any subsequent year of assessment) occupies, or is deemed to occupy, farm land the rateable valuation of which amounts to £70 or more.

Marginal relief.

31.—(1) Where, for any year of assessment, resource tax is chargeable upon farm land occupied by a person, the amount of resource tax so chargeable shall not exceed the amount determined by the formula— T × V __ 10 where— T is the amount of resource tax that would, but for the provisions of this section, be payable by the person for that year of assessment, and V is 1 or, if greater, the number equivalent to the amount by which the rateable valuation of the farm land occupied by the person for the year of assessment exceeds £69.

Disallowance of resource tax for purposes of Tax Acts.

32.—Resource tax shall not be allowed in computing any income, profits or losses for any of the purposes of the Tax Acts.

Date of payment of resource tax.

33.—Resource tax contained in an assessment for any year of assessment shall be payable on or before the 1st day of October in that year except that resource tax included in an assessment for any year which is made on or after the 1st day of October shall be deemed to be due and payable on the day next after the day on which the assessment is made.

Assessment and collection of resource tax.

34.—(1) Assessments under this Chapter shall be made by inspectors of taxes appointed under section 161 of the Income Tax Act, 1967 , or by such other officers as the Revenue Commissioners shall appoint in that behalf.

Application of income tax provisions to resource tax and power to combine returns, etc.

35.—(1) All the provisions of the Income Tax Acts relating to the assessment, collection and recovery of income tax, to appeals against assessments and to cases to be stated for the opinion of the High Court shall, subject to any necessary modifications, apply in relation to resource tax as they apply in relation to income tax chargeable under Schedule D.

Occupation of farm land for purposes of resource tax.

36.—For the purposes of this Part any question as to the rateable valuation of farm land occupied by a person at any particular time or as to the rateable valuation of farm land occupied by a person for a year of assessment shall be determined in the same manner and on the same basis as it would be determined in the case of an individual for the purposes of Chapter II of Part I of the Finance Act, 1974 , and in this Part “farm land” shall have the meaning assigned to it by that Chapter and “occupies” and “occupied” shall be construed in accordance with the meaning assigned to “occupation” by that Chapter:

Provided that, in determining the amount of the charge to tax in any case for any year of assessment under section 30 (2)— (a) where— (i) for the said year of assessment a person is chargeable to income tax or to corporation tax under Case V of Schedule D in respect of profits or gains from any rent or any receipts in respect of any easement in relation to any part of the farm land occupied by him, and (ii) the said rent or the said receipts are, having regard to values prevailing at the time, not less than the amount which could have been obtained on the basis that the negotiations for the rent or the receipts had been at arm's length, the said section 30 (2) shall not apply for that year of assessment to the rateable valuation of the part of the farm land from which the said profits or gains so chargeable under Case V of Schedule D arise, (b) In relation to any farm land occupied, or deemed to be occupied, by a person in partnership with any other person or persons, there shall be taken into account for that year of assessment only that proportion of the rateable valuation of the farm land so occupied in partnership as bears to that rateable valuation the same proportion as his share of the partnership profits or losses, on an apportionment thereof made in accordance with the terms of the agreement as to the sharing of those profits or losses bears to the said profits or losses of the partnership.

Chapter V

Corporation Tax Amendment of Chapter IV (manufacturing companies) of Part I of Finance Act, 1977.

37.—(1) Chapter IV of Part I of the Finance Act, 1977 , is hereby amended— (a) in section 20— (i) by the substitution of “1980” for “1979” in the definition of “relevant period”, and (ii) by the substitution of “, 1979 or 1980” for “or 1979” in both places where it occurs in the definition of “1977 period”, and the said definitions, as so amended, are set out in the Table to this paragraph.

TABLE “relevant period” means an accounting period or part of an accounting period of a company falling within the period from the 1st day of January, 1977, to the 31st day of December, 1980; “1977 period” means an accounting period or part of an accounting period of a company falling within the financial year 1977 and any corresponding expression in which a reference to 1978, 1979 or 1980 is followed by the word “period” means an accounting period or part of an accounting period of a company falling within the financial year 1978, 1979 or 1980, as the case may be; (b) by the substitution of the following section for section 23 (inserted by the Finance Act, 1978 ): “Corresponding part of standard year.

23.—Where a 1977 period, a 1978 period, a 1979 period or a 1980 period is less than twelve months, the corresponding part of the standard year in relation to a specified trade shall be the part which begins twelve months, twenty-four months, thirty-six months or forty-eight months, as the case may be, before the date on which that period begins and which ends twelve months, twenty-four months, thirty-six months or forty-eight months, as the case may be, before the date on which that period ends.”, (c) in section 24 (inserted by the Finance Act, 1978 )— (i) by the substitution of the following subsection for subsection (3): “(3) The provisions of subsection (2), except paragraph (c) thereof, shall apply, subject to the provisions of subsections (4), (5), (6) and (7), in relation to a 1978 period, a 1979 period and a 1980 period as they apply in relation to a 1977 period.”, (ii) by the insertion in subsection (4) after paragraph (b) of the following paragraph: “(c) In relation to a 1980 period— (i) each reference in subsection (2) to 1977 shall be construed as a reference to 1980, and (ii) the reference in subsection (2) (d) to 103 per cent. shall be construed as a reference to 112 per cent.”, and (iii) by the insertion after subsection (6) of the following subsection: “(7) In relation to a 1980 period, a company may elect, in relation to the specified trade carried on by it— (a) to have the financial year 1977 treated as the standard year in relation to that trade for the purposes of subsection (2) (d), or (b) to have the financial year 1978 so treated, or (c) to have the financial year 1979 so treated. and (i) where the election referred to in paragraph (a) is made, the provisions of subsection (4) (c) (ii) shall apply to the company as if the reference to 112 per cent. were a reference to 109 per cent., (ii) where the election referred to in paragraph (b) is made, the provisions of subsection (4) (c) (ii) shall apply to the company as if the reference to 112 per cent. were a reference to 106 per cent., (iii) where the election referred to in paragraph (c) is made, the provisions of subsection (4) (c) (ii) shall not apply to the company.”, (d) in section 24A (inserted by the Finance Act, 1978 ), by the insertion after subsection (3) of the following subsection: “(4) In relation to a 1980 period of a company to which this section applies— (a) the provisions of section 24 (2), except paragraph (c) thereof, shall apply as they apply in relation to a 1977 period of a company to which section 24 applies with the modifications that—

(i) each reference in section 24 (2) to 1977 shall be construed as a reference to 1980, and (ii) the reference in section 24 (2) (d) to 103 per cent. shall, if the standard year in relation to the specified trade carried on by the company is the financial year 1976, be construed as a reference to 112 per cent., if such standard year in relation to such trade is the financial year 1977, be construed as a reference to 109 per cent. and, if such standard year in relation to such trade is the financial year 1978, be construed as a reference to 106 per cent., (b) if, but for this paragraph, the standard year in relation to the specified trade carried on by the company would be the financial year 1976, the company may elect to have the financial year 1977, the financial year 1978 or the financial year 1979 treated as the standard year for the purposes of the said section 24 (2) (d) in relation to such trade, (c) if, but for this paragraph, the standard year in relation to the specified trade carried on by the company would be the financial year 1977, the company may elect to have the financial year 1978 or the financial year 1979 treated as the standard year for the purposes of the said section 24 (2) (d) in relation to such trade, and (d) if, but for this paragraph, the standard year in relation to the specified trade carried on by the company would be the financial year 1978, the company may elect to have the financial year 1979 treated as the standard year for the purposes of the said section 24 (2) (d) in relation to such trade.”, (e) in section 24B (inserted by the Finance Act, 1978 ), by the insertion after subsection (2) of the following subsection: “(3) In relation to a 1980 period of a company to which this section applies— (a) the provisions of section 24 (2), except paragraph (c) thereof, shall apply as they apply in relation to a 1977 period of a company to which the provisions of section 24 apply with the modifications specified in section 24A (4) (a), and (b) paragraphs (b), (c) and (d) of section 24A (4) shall apply for the purposes of this section as they apply for the purposes of that section.”, (f) by the insertion after section 24B of the following section: “Rate of corporation tax for certain manufacturing companies commencing to trade in 1979.

24C.—(1) This section applies to a company which— (a) begins to carry on a trade in the financial year 1979, and (b) is not a company to which the provisions of section 24, 24A or 24B apply.

TABLE

Chapter VI

Corporation Tax: Relief in Relation to Certain Income of Manufacturing Companies Definitions.

38.—In this Chapter— “merchandise” means goods other than goods within the meaning of section 39; “relevant accounting period” means an accounting period or part of an accounting period of a company falling within the period from the 1st day of January, 1981, to the 31st day of December, 2000; “relief under this Chapter” means the reduction of corporation tax provided for in section 41 (2).

Meaning of “goods”.

39.—(1) In this Chapter “goods” means goods manufactured within the State in the course of a trade by the company which, in relation to the relevant accounting period, is the company claiming relief under this Chapter in relation to the trade:

Provided that where— (a) there are two companies one of which manufactures goods and the other of which sells them in the course of its trade, and (b) one of the companies is a 90 per cent. subsidiary of the other or both companies are 90 per cent. subsidiaries of a third company, any goods manufactured within the State by one of the companies shall, when sold in the course of its trade by the other company, be deemed to have been manufactured within the State by that other company.

Provided that goods shall be deemed for the purposes of this exclusion not to be sold by retail if they are sold— (a) to a person who carries on a trade of selling goods of the class to which the goods so sold to him belong, or (b) to a person who uses goods of that class for the purposes of a trade carried on by him, or (c) to a person, other than an individual, who uses goods of that class for the purposes of an undertaking carried on by him.

Apportionment.

40.—For the purposes of this Chapter, where a part only of an accounting period of a company is a relevant accounting period, all amounts referable to the accounting period shall be apportioned, on the basis of the proportion which the length of the relevant accounting period bears to the length of the accounting period of the company, for the purpose of ascertaining any amount required to be taken into account in respect of the relevant accounting period.

Basis of relief from corporation tax.

41.—(1) For the purposes of this section “relevant corporation tax” means the corporation tax which, apart from this section and sections 58 , 182 and 184 of the Corporation Tax Act, 1976 , would be chargeable for the relevant accounting period exclusive of the corporation tax chargeable on the part of the company's profits attributable to chargeable gains for that period; and that part shall be taken to be the amount brought into the company's profits for that period for the purposes of corporation tax in respect of chargeable gains before any deduction for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of more than one description.

Part V

of the Corporation Tax Act, 1976 — (a) section 71 of that Act shall have effect as if the references therein to “this Act” included a reference to this Chapter, and (b) all amounts receivable from the sale of goods or merchandise in the course of the said exempted trading operations shall be disregarded for the purposes of this Chapter.

Provisions relating to relief under Part IV (profits from export of certain goods) of Corporation Tax Act, 1976.

42.—(1) Save as is provided for in subsections (2) and (3), relief from corporation tax shall not be given under

Part IV

of the Corporation Tax Act, 1976 , in respect of any accounting period or part of an accounting period falling after the 31st day of December, 1980.

Part IV

of the Corporation Tax Act, 1976 , to a company in relation to a trade carried on by it where the company, in the course of the trade, has at any time prior to the 1st day of January, 1981, exported out of the State any goods within the meaning of

Part IV

of the Corporation Tax Act, 1976 . (b) Subject to subsection (4), where— (i) a company (hereafter in this paragraph referred to as “the succeeding company”) succeeds to a trade or a part of a trade which, on or after the 1st day of January, 1981, was carried on by another company (hereafter in this paragraph referred to as “the original company”), (ii) the original company has or could have made a claim to relief, by virtue of paragraph (a) or subsection (3), in relation to the trade or the part of the trade under

Part IV

of the Corporation Tax Act, 1976 , and (iii) the original company had not ceased by virtue of subsection (4) to be entitled to claim relief under the said Part IV in relation to the trade or the part of the trade, then the provisions of the said Part IV shall apply to the succeeding company as if the original company and the succeeding company were respectively the original company and the succeeding company within the meaning of section 62 (3) of the said Act. (c) Where— (i) subsequent to the succession described in paragraph (b) (1), another company (hereafter in this paragraph referred to as “the second succeeding company”) succeeds to a trade or a part of a trade of the company referred to in the said paragraph (b) as “the succeeding company” and which is hereafter in this paragraph referred to as “the first succeeding company”, and (ii) that trade or that part of a trade is a trade or a part of a trade to which the said paragraph (b) applied, then the said paragraph (b) shall apply with any necessary modifications as if the first succeeding company were the company referred to in the said paragraph (b) as “the original company” and as if the second succeeding company were the company referred to in the said paragraph (b) as “the succeeding company” and so on as regards any later such successions.

Part IV

of the Corporation Tax Act, 1976 , would apply to the trade as if subsection (1) had not been enacted:

Provided that— (a) no such assurance shall be given unless the Minister for Finance, or his agent duly authorised as aforesaid, is satisfied that the trade carried on or to be carried on by the company contributes, or would contribute, significantly to regional or national development, (b) any such assurance shall be given in such form and manner and subject to such conditions as the Minister for Finance may direct, (c) no such assurance shall be given on a date later than the 31st day of December, 1980, and (d) where an assurance in writing has been given on a date not later than the 31st day of December, 1980, by a person duly authorised by the Government to be their agent for that purpose and that assurance is to the like effect as the assurance first mentioned in this subsection, this subsection shall have effect as if the assurance so given were the assurance so first mentioned and as if the provisions of this subsection relating to the giving of assurances were complied with in all respects.

Part IV

of the Corporation Tax Act, 1976 , as respects any accounting period or part of an accounting period falling after the day immediately prior to the date of the commencement of that relevant accounting period.

Section 58

of the Corporation Tax Act, 1976 , is hereby amended, as respects accounting periods which end on or after the 1st day of January, 1981, by the substitution for subsection (10) of the following subsection: “(10) For the purposes of this section ‘relevant corporation tax’ means the corporation tax which, apart from this section, sections 182 (relief in respect of unrelieved losses and capital allowances carried forward from the year 1975-76) and 184 (relief in respect of corporation profits tax losses) and section 41 of the Finance Act, 1980, would be chargeable for the relevant accounting period exclusive of the corporation tax chargeable on the part of the company's profits attributable to chargeable gains for that period; and that part shall be taken to be the amount brought into the company's profits for that period for the purposes of corporation tax in respect of chargeable gains before any deduction for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of more than one description.”. (b) Paragraph (a) shall apply in relation to any claim made on or after the 6th day of May, 1980, for relief from corporation tax under

Part IV

of the Corporation Tax Act, 1976 , as respects any relevant accounting period within the meaning of that Part which ends before the 1st day of January, 1981, as it applies as respects accounting periods ending on or after that date, with the modification that, in relation to cases where section 186 of that Act has effect for the relevant accounting period in respect of which the claim is made, subsection (10) (inserted by paragraph (a)) of section 58 of that Act shall have effect as if the references therein to sections 182 and 184 of that Act included a reference to the said section 186.

(6)

Section 64

of the Corporation Tax Act, 1976 , is hereby amended, as respects accounting periods which end on or after the 1st day of January, 1981— (a) in subsection (2), in the definition of A, after “liability to corporation tax on its income”, by inserting “(other than its income from the sale of goods within the meaning of section 41 of the Finance Act, 1980)”, and the said definition, as so amended, is set out in the Table to this paragraph.

TABLE A is an amount arrived at by applying to the amount of the company's distributable income for the accounting period, excluding distributions received by the company in that period, the fraction where D is the standard rate per cent. for the year of assessment in which the relevant distribution is made reduced in the same proportion as the company's liability to corporation tax on its income (other than its income from the sale of goods within the meaning of section 41 of the Finance Act, 1980) for the accounting period is reduced under section 58, subject to paragraph (c) of the proviso to section 182 (3) (transitional relief for income tax losses, etc.) and paragraph (iii) of the proviso to section 184 (3) (relief in respect of corporation profits tax losses), and (b) by the insertion after subsection (4) of the following subsection: “(4A) Where the distributable income of a company for an accounting period falls to be determined for the purposes of this section in relation to a distribution made by the company for that accounting period (hereafter in this subsection referred to as ‘the first-mentioned distribution’), there shall be deducted from the aggregate mentioned in subsection (4) the aggregate of the following amounts— (a) the amount of the company's income which, in relation to the first-mentioned distribution, falls to be taken into account in the definition of A in section 45 (1) of the Finance Act, 1980 (before any reduction under section 47 (2) (i) or 48 (2) (i) of that Act), as income of the company for the relevant accounting period (within the meaning of Chapter VI of Part I of that Act) which coincides with or is included in the said accounting period less the amount of corporation tax which falls to be taken into account in the definition of B in the said section 45 (1) in respect of that amount of the company's income, and (b) an amount equal to the distributions received by the company in the accounting period which are relevant distributions within the meaning of section 45 of the Finance Act, 1980, and which fall to be included within the definition of E in subsection (1) of that section in relation to the first-mentioned distribution.”.

Provisions relating to exempted trading operations under Part V (profits from trading within Shannon Airport) of Corporation Tax Act, 1976.

43.—(1) Save as is provided for in subsections (2) and (3), no trading operation of any company carried on on or after the 1st day of January, 1981, shall be an exempted trading operation for the purposes of

Part V

of the Corporation Tax Act, 1976 .

Part V

of the Corporation Tax Act, 1976 , would apply to those trading operations as if subsection (1) had not been enacted; and, subject to subsection (4), where such a certificate is given the provisions of subsection (1) shall not prevent the application of the said Part V to those trading operations:

Provided that— (a) no such assurance shall be given unless the Minister for Finance, or his agent duly authorised as aforesaid, is satisfied that the trading operations contribute, or would contribute, significantly to regional or national development, (b) any such assurance shall be given in such form and manner and subject to such conditions as the Minister for Finance may direct, and (c) no such assurance shall be given on a date later than the 31st day of December, 1980.

Part V

of the Corporation Tax Act, 1976 , to the extent that they are carried on on or after the first day of that relevant accounting period.

Transactions between associated persons.

44.—(1) Where a company making a claim for relief under this Chapter (hereafter in this subsection referred to as “the buyer”) buys from another person (hereafter in this subsection referred to as “the seller”), and (a) the seller has control over the buyer or, the seller being a body corporate or partnership, the buyer has control over the seller or some other person has control over both the seller and the buyer, and (b) the price in the transaction is less than that which might have been expected to obtain if the parties to the transaction had been independent parties dealing at arm's length, then the income or losses of the buyer and the seller shall be computed, for any purpose of the Tax Acts, as if the price in the transaction had been that which would have obtained if the transaction had been a transaction between independent persons dealing as aforesaid.

Distributions.

45.—(1) For the purposes of this section a distribution made by a company shall be a relevant distribution if it is made on a day (hereafter in this section referred to as “the relevant day”) falling on or after the 1st day of January, 1981, and if the total amount of the distributions made by the company on that day does not exceed an amount (hereafter in this section referred to as “the amount of the primary fund”) determined by the formula (A−B) + (C−D) + E−F where, subject to sections 46 to 49— A is the amount of the company's income the corporation tax in respect of which is reduced under section 41 for the last relevant accounting period of the company which ended before the relevant day:

Provided that where the distribution is not a distribution declared by the company in a general meeting held as an annual general meeting this definition shall have effect as if the reference therein to the last relevant accounting period which ended before the relevant day were a reference to the relevant accounting period of the company in which the distribution is made, B is the amount of the corporation tax, as reduced under section 41, in respect of the amount of income mentioned in the definition of A, C is the aggregate of the amounts of the company's income the corporation tax in respect of which is reduced under section 41 for all relevant accounting periods of the company preceding the relevant accounting period which falls to be taken into account in the definition of A, D is the aggregate of the amounts of the corporation tax, as reduced under section 41, in respect of the amounts of income comprised in the aggregate amount calculated in accordance with the definition of C, E is the aggregate amount of the relevant distributions received by the company at any time prior to the relevant day:

Provided that a relevant distribution shall not be included within this definition if the distribution, together with the tax credit to which the company is entitled in respect of it, is franked investment income against which relief is given under section 15

Provided that— (a) no account shall be taken of the reduction of relief under this Chapter by virtue of this subsection in determining any amount which falls to be taken into account— (i) in the definition of B or D in subsection (1), (ii) in paragraph (bb) of the proviso to subsection (3) of section 182 of the Corporation Tax Act, 1976 , or (iii) in paragraph (iiA) of the proviso to subsection (3) (b) of section 184 of that Act, and (b) the provisions of this subsection shall not apply if the inspector, or, on appeal, the Appeal Commissioners, is or are satisfied that, either by reason of a correction by the company of the statement annexed to or accompanying the relevant warrant or cheque or other order mentioned in section 5 of the Corporation Tax Act, 1976 , or of the statement mentioned in section 83 (5) of that Act, or for any other good and sufficient reason, it would be just and reasonable that they should not apply.

Treatment of certain deductions in relation to relevant distributions.

46.—(1) In this section “relevant deduction”, in relation to a relevant accounting period of a company, means any amount allowed as a deduction against the total profits of the company in that period in respect of— (a) charges on income, (b) group relief, (c) any allowance in respect of capital expenditure to which effect is given for that period under section 14

Provisions relating to relief for certain losses and capital allowances carried forward from 1975-76.

47.—(1)

Section 182

of the Corporation Tax Act, 1976 , is hereby amended— (a) in subsection (1), by the substitution for the definition of “relevant corporation tax” of the following definition: “‘relevant corporation tax’ has, in relation to an accounting period, the meaning assigned to it in subsection (10) (inserted by the Finance Act, 1980) of section 58 with the substitution of ‘the accounting period’ for ‘the relevant accounting period’.”, and (b) in the proviso to subsection (3), by the insertion after paragraph (b) of the following paragraph: “(bb) where the corporation tax payable by the company for an accounting period is reduced by virtue of a claim under section 41 (2) (basis of relief from corporation tax: manufacturing companies) of the Finance Act, 1980, the relief to be given under this section for the accounting period shall be reduced in the same proportion as the corporation tax payable by the company for the accounting period so far as it is attributable to the income from the trade is so reduced; and the corporation tax attributable to the income from the trade shall be the amount mentioned in paragraph (b);”.