Amendment of Provisional Collection of Taxes Act, 1927.
\n62.—
\nExemption from tax of premiums on certain securities.
\n63.—(1) The excess of the amount received on the redemption of a unit of securities to which this section applies over the amount paid for the unit on its issue shall, save where the excess falls to be taken into account in computing for the purposes of taxation the profits of a trade, be exempt from income tax (including sur-tax) and corporation profits tax.
\nAmendment of section 255 of Income Tax Act, 1967.
\n64.—(1)
\n(2)
\nof the Income Tax Act, 1967 , is hereby amended— (a) by the insertion after “holiday camp” in the proviso to subsection (1) of “or a building or structure in use as a holiday cottage and comprised in premises registered in any register of holiday cottages established by Bord Fáilte Éireann under the provisions of any Act of the Oireachtas passed after the passing of the Finance Act, 1969”, and (b) by the insertion in subsection (4) (a) after “dwelling-house” in each place where it occurs of “(other than a holiday cottage referred to in the proviso to subsection (1))”.
\nRepeals.
\n65.—(1) Each enactment mentioned in column (2) of Part I of the Fifth Schedule to this Act is, in relation to tax for the year 1969-70 and subsequent years, hereby repealed to the extent specified in column (3) of that Part.
\nCare and management of taxes and duties.
\n66.—All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.
\nShort title, construction and commencement.
\n67.—(1) This Act may be cited as the Finance Act, 1969.
\n(3)
\nof this Act, so far as it relates to customs, shall be construed together with the Customs Acts and, so far as it relates to duties of excise, shall be construed together with the Statutes which relate to the duties of excise and the management of those duties.
\n(4)
\nof this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.
\nof the Finance Act, 1963 , the Finance (No. 2) Act, 1966 , and the enactments amending or extending that Part and the last mentioned Act.
\nFIRST SCHEDULE Spirits (Rates of Ordinary Customs Duty)
\n.
\nDescription of Spirits Preferential Rates Full Rates
\n(1)
\n(2)
\nFor every gallon of Perfumed Spirits 29 10 2 29 14 2 For every gallon of liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested 24 17 11 25 1 3 For every gallon computed at proof of spirits of any description not heretofore mentioned and mixtures and preparations containing spirits 18 8 10 18 11 4
\nDescription of Spirits United Kingdom Rate £ s. d.
\nFor every gallon of Perfumed Spirits 24 15 7 For every gallon of liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested 20 18 2 For every gallon computed at proof of spirits of any description not heretofore mentioned and mixtures and preparations containing spirits 15 9 9 SECOND SCHEDULE Duties On Tobacco
\n.
\nCustoms £ s. d.
\nUnmanufactured: if stripped or stemmed: containing 10 per cent. or more by weight of moisture the lb.
\n4 8 4.5 containing less than 10 per cent. by weight of moisture ” ”
\n4 18 2.5 if unstripped or unstemmed: containing 10 per cent. or more by weight of moisture ” ”
\n4 8 4 containing less than 10 per cent. by weight of moisture ” ”
\n4 18 2 Full Preferential £ s. d. £ s. d.
\nManufactured: cigars the lb.
\n5 7 2.1 4 11 4 cigarettes ” ”
\n5 4 10.5 4 9 5 cavendish or negrohead ” ”
\n5 6 6.9 4 10 10 cavendish or negrohead manufactured in bond ” ”
\n5 5 11.7 4 10 4 other manufactured tobacco ” ”
\n5 4 6.9 4 9 2 snuff containing more than 13 per cent. by weight of moisture ” ”
\n5 4 2.1 4 8 10 snuff containing 13 per cent. or less by weight of moisture ” ”
\n5 6 6.9 4 10 10
\nCustoms Full Preferential £ s. d. £ s. d.
\nManufactured: cigars the lb.
\n5 1 0.2 4 11 4 cigarettes ” ”
\n4 18 9.7 4 9 5 cavendish or negrohead ” ”
\n5 0 5.5 4 10 10 cavendish or negrohead manufactured in bond ” ”
\n4 19 10.8 4 10 4 other manufactured tobacco: hard pressed tobacco the lb.
\n4 11 5.2 4 2 0.5 other pipe tobacco ” ”
\n4 17 2.5 4 7 9.8 other manufactured tobacco ” ”
\n4 18 6.7 4 9 2 snuff containing more than 13 per cent. by weight of moisture ” ”
\n4 18 2 4 8 10 snuff containing 13 per cent. or less by weight of moisture ” ”
\n5 0 5.5 4 10 10
\nCustoms Full Preferential £ s. d. £ s. d.
\nManufactured: cigars the lb.
\n4 19 7.6 4 11 4 cigarettes ” ”
\n4 17 5.6 4 9 5 cavendish or negrohead ” ”
\n4 19 1 4 10 10 cavendish or negrohead manufactured in bond ” ”
\n4 18 6.4 4 10 4 other manufactured tobacco: hard pressed tobacco ” ”
\n4 7 8.6 3 19 8 other pipe tobacco ” ”
\n4 15 5 4 7 4.4 other manufactured tobacco ” ”
\n4 17 2.6 4 9 2 snuff containing more than 13 per cent. by weight of moisture ” ”
\n4 16 10 4 8 10 snuff containing 13 per cent. or less by weight of moisture ” ”
\n4 19 1 4 10 10
\nExcise £ s. d.
\nUnmanufactured: containing 10 per cent. or more by weight of moisture the lb.
\n4 7 3 containing less than 10 per cent. by weight of moisture ” ”
\n4 16 11 Manufactured: cavendish or negrohead manufactured in bond ” ”
\n4 9 3 THIRD SCHEDULE Duties On Wine
\n.
\nCustoms Description of Wine Rate of Duty Full Preferential Still Wine: £ s. d. £ s. d.
\nNot exceeding 25° of proof spirit:
\nNot in bottle the gallon 1 3 6 18 9.2 In bottle ” ”
\n1 7 6 1 0 9.2 Exceeding 25° but not exceeding 30° of proof spirit:
\nNot in bottle ” ”
\n1 7 6 1 1 2 In bottle ” ”
\n1 15 6 1 5 2 Exceeding 30° of proof spirit:
\nNot in bottle ” ”
\n2 1 6 1 11 6⅔ In bottle ” ”
\n2 9 6 1 15 6⅔ Sparkling Wine ” ”
\n2 16 3 2 1 6.5 Wine exceeding 42° of proof spirit:
\nAn additional duty for every degree or fraction of a degree above 42° of proof spirit ” ”
\n3 6 2 10
\nCustoms Description of Wine Rate of Duty Rate of Duty
\n(1)
\n(2)
\nStill Wine in Bottle:
\nNot exceeding 25° of proof spirit the gallon 1 0 2 19 11.6 Exceeding 25° but not exceeding 30° of proof spirit ” ”
\n1 3 11.6 1 3 6.8 Exceeding 30° of proof spirit ” ”
\n1 14 1 13 Exceeding 42° of proof spirit:
\nAn additional duty for every degree or fraction of a degree above 42° of proof spirit ” ”
\n2 10 2 10
\nExcise Description of Wine Rate of Duty s. d.
\nIrish Wine:
\nNot exceeding 25° of proof spirit 13 9.5 the gallon Exceeding 25° but not exceeding 30° of proof spirit 14 6.5 ” ”
\nExceeding 30° of proof spirit 17 8 ” ”
\nExcise Description of Wine Rate of Duty s. d.
\nIrish Wine:
\nNot exceeding 25° of proof spirit 14 6 the gallon Exceeding 25° but not exceeding 30° of proof spirit 15 6 ” ”
\nExceeding 30° of proof spirit 19 7 ” ”
\nFOURTH SCHEDULE
\nAmendment of Enactments Number and Year Short Title Amendment
\n(1)
\n(2)
\nIncome Tax Act, 1967 In section 53
\nIn section 83, in subsection (1), for “and the lease is a short lease” there shall be substituted “and the duration of the lease does not exeed fifty years” and in subsection (2), for “section 81 (4)” there shall be substituted “section 81 (5)”.
\nIn section 84 (1), for “a short lease” there shall be substituted “a lease of a duration not exceeding fifty years”.
\nIn section 86, for “(including, where the lease was granted on or after the 6th day of April, 1963, an appropriate sum in respect of any premium payable under the lease)” there shall be substituted “(including in the case of a lease granted on or after the 6th day of April, 1963, the duration of which does not exceed fifty years, an appropriate sum in respect of any premium payable under the lease)”.
\nIn section 89A (inserted by section 7 (1) (b) of the Finance (Miscellaneous Provisions) Act, 1968) in paragraph (b), for “paragraph (f) of section 81 (4)” there shall be substituted “paragraph (e) of section 81 (5)”.
\nIn section 92 (1), for “section 81 (4)” there shall be substituted “section 81 (5)”.
\nIn section 94, after “Case IV” there shall be inserted “or Case V”.
\nIn section 162 (3) (a), for “sections 480 and 481” there shall be substituted “section 480”.
\nIn section 183 (1), for “Schedule A, B, D or E, or under two or more” there shall be substituted “Schedule D or E, or under both”.
\nIn section 184 (1), for from “make an assessment” to the end of the subsection there shall be substituted “, but subject to section 133, make an assessment upon that person of the amount at which he ought to be charged under Schedule E”.
\nIn section 214 (3), for “as to which relief may be claimed or allowed under section 23 or 24” there shall be substituted “which are deductible in computing the profits or gains of the company or bank for the purposes of Case V of Schedule D”.
\nIn section 267 (5) (a) for “Schedule A” there shall be substituted “Case V of Schedule D” and after “structure,” there shall be inserted “or”.
\nIn section 307 (1) for “in respect of which he has elected to be charged to tax under Schedule D” there shall be substituted “managed on a commercial basis and with a view to the realisation of profits”.
\nIn section 316 (2), after “or 435” there shall be inserted “or section 25 (1) of the Finance Act, 1969”.
\nIn section 334 (1), for paragraph (a) there shall be substituted the following paragraph: “(a) from income tax chargeable under Case I (b) of Schedule D by virtue of section 53 where the profits or gains so chargeable arise out of lands, tenements or hereditaments which are owned and occupied by a charity;”.
\nIn sections 335 and 336, for “Schedules A, C, and D” there shall be substituted “Schedules C and D”.
\nIn section 433, the following subsection shall be added: “(3) This section shall not apply to any rents or other sums falling due for payment on or after the 6th day of April, 1969, and in respect of which the person entitled to them is chargeable to tax under Case V of Schedule D or would be so chargeable but for any exemption from tax”.
\nIn section 434, the following subsection shall be added: “(8) Except as provided by section 25 (1) of the Finance Act, 1969, this section shall not apply to any rents or other sums falling due for payment on or after the 6th day of April, 1969, and in respect of which the person entitled to them is chargeable to tax under Case V of Schedule D or would be so chargeable but for any exemption from tax.”.
\nIn Schedule 18, in the heading of paragraph VII, for “SCHEDULES A, B, D, OR E” there shall be substituted “SCHEDULES D OR E”.
\nNo. 7 of 1968.
\nFinance (Miscellaneous Provisions) Act, 1968.
\nIn section 18 (2) (g), for “(other than a payment to which section 87 of the Income Tax Act, 1967 , applies)” there shall be substituted “(other than receipts falling within subsection (1) (b) of section 81 of the Income Tax Act, 1967 , the profits or gains arising from which are, by virtue of that section, chargeable to tax under Case V of Schedule D)”.
\nSession and Chapter Short Title Amendment
\n(1)
\n(2)
\nFinance Act, 1894 .
\nIn the proviso to section 7 (5), for from “as assessed” to the end of the proviso there shall be substituted “as would, but for the provisions of the Finance Act, 1969 , be assessed under Schedule A, after making such deductions as would not have been allowed in that assessment and are allowed under the Succession Duty Act, 1853 , and making a deduction for expenses of management not exceeding five per cent, of such annual value”.
\nFIFTH SCHEDULE Enactments Repealed
\n.
\nNumber and Year Short Title Extent of Repeal
\n(1)
\n(2)
\nIncome Tax Act, 1967 .
\nIn section 1
\nIn section 2 (1) (c), the words “Schedule B or”.
\nIn section 4, the words “Schedule A—Section 9; Schedule B— Section 30;”.
\nSections 9 to 42 and 44 and 45.
\nIn section 52, in paragraph 1 (b) of Schedule D, the words “Schedule A, Schedule B”.
\nIn section 53 (1), in paragraph (a) of Case I, the words “not contained in any other Schedule”.
\nIn section 54 (2), the words “Notwithstanding anything in Schedule B, or in the provisions applicable thereto,” and the words from “and (b) income tax shall not be charged” to the end of the subsection.
\nSections 54 (3) and (4) and 56 (4), (5) and (6).
\nIn section 60 (1), the words “or of the occupation of any land occupied solely or mainly for the purpose of husbandry or of the occupation of any woodlands”.
\nIn section 61 (c), the words “or annual value” and “of the annual value or”.
\nSections 66, 75 (2) (ii) and 78.
\nIn section 86, the words from, “and for this purpose” to the end of the section.
\nSections 87, 88 (2) and (3), 95, 104 and 106 (2).
\nIn section 107 (1), the words “chargeable under Case III of Schedule D pursuant to section 78 or”.
\nSections 147, 148, 150 and 169 (1) (a).
\nIn section 169 (2), the words “values or”.
\nSections 180 and 183 (1) (b).
\nIn section 183 (1), the words from “, but particulars” to the end of the subsection.
\nIn section 186 (1), the letters “A, B”.
\nIn section 219 (1), the words “or of section 78”.
\nIn section 235 (7) (c), the words “Schedule B or”.
\nSections 243 (3), 244 (6) (b) and 245 (8) (a).
\nIn section 251 (1), the words “(otherwise than consequent upon an election under section 34)”.
\nSections 267 (5) (b) and 283 (2).
\nIn section 322, the words from “and in relation to” to “under Schedule D,”.
\nIn section 333 (1) (a), the words “under Schedule A or, by virtue of Chapter VI of Part IV,” and the proviso.
\nIn section 334, subsection (1) (b) and subsection (2).
\nSections 351, 352 and 385 (2).
\nIn section 388, the words “or under Schedule A”.
\nIn section 416 (1), the words “or of the notice under section 180 that assessments have been made (as the case may be)”.
\nSections 436, 437 and 477 (2) (a) and (b).
\nIn section 480 (1), the words “distrain upon the lands, tenements and premises in respect of which the tax is charged, or” and the proviso.
\nSections 480 (6) and 481.
\nIn section 485, in subsection (1), the words “, and notwithstanding (in the case of a Schedule A assessment) that the defaulter is not named in the assessment of the tax” and the words “or (when the tax in default is charged on lands or tenements) in which the lands and tenements are situate”, and in subsection (2), the words “and (when the tax in default is charged on lands or tenements) all or any goods, animals and other chattels which may be found on such lands or tenements,”.
\nIn section 533, the words “annual value or”.
\nIn section 544 (1), the words from “and where any such clergyman” to the end of the section.
\nSections 545 (2) and 548.
\nIn Schedule 15, in column 2, the words “section 104 (3)”.
\nIn Schedule 18, paragraph I.
\nNo. 33 of 1968.
\nFinance Act, 1968 .
\n.
\nNumber and Year Short Title Extent of Repeal
\n(1)
\n(2)
\nDamage to Property (Compensation) (Amendment) Act, 1926.
\nNumber and Year Short Title Extent of Repeal
\n(1)
\n(2)
\nFinance Act, 1965.
\nNo. 6 of 1967.
\nIncome Tax Act, 1967 .
\nSession and Chapter Short Title Extent of Repeal
\n(1)
\n(2)
\nFinance Act, 1901.
\nSections 5 and 9.
\n3 Edw. 7, c. 46.
\nRevenue Act, 1903.
\nSession and Chapter Short Title Extent of Repeal
\n(1)
\n(2)
\nSpirits Act, 1880.
\nIn section 74, the words “Spirits to which any sweetening or colouring matter or any other ingredient has been added in warehouse,” and in section 95 (12), the words “and on payment of the same duty”.
\n58 & 59 Vict., c. 16.
\nFinance Act, 1895.
\nIn section 8, the words “Spirits to which any sweetening or colouring matter or any other ingredient has been added in warehouse, and” and “, and British liqueurs,”.
\nNumber and Year Short Title Extent of Repeal
\n(1)
\n(2)
\nFinance Act, 1965 .
\nNo. 17 of 1966.
\nFinance Act, 1966 .
\nNo. 33 of 1968.
\nFinance Act, 1968 .
\nSession and Chapter or Number and Year Short Title Extent of Repeal
\n(1)
\n(2)
\nFinance (No. 2) Act, 1915.
\n12 & 13 Geo. 5, c. 17.
\nFinance Act, 1922.
\nNo. 37 of 1925.
\nBeet Sugar (Subsidy) Act, 1925.
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