IE
FINANCE ACT, 1928
Statutory Text (3 Articles)
FIRST SCHEDULE.
FIRST SCHEDULE.
Agreement made the 25th day of April, 1928, between the British Government and the Government of the Irish Free State, amending the Agreement made on the fourteenth day of April, 1926, between the said Governments in respect of Double Income Tax.
With a view to making such alterations in the Agreement made the 14th April, 1926, between the British Government and the Government of the Irish Free State in respect of Double Income Tax as may be necessary in consequence of the alterations in the British Income Tax Acts effected by the British Finance Act, 1927, and of the alterations contemplated in the Irish Free State Income Tax Acts, it is hereby agreed between the said Governments that the said Agreement shall be amended as follows:—
1.(a) In Article 1 (a) of the said Agreement the words “British income tax” shall as respects the year 1928/29 and any subsequent year be construed as meaning British income tax charged or chargeable at the standard rate and the expression “British super-tax” shall for the year 1928/29 include British sur-tax and shall for subsequent years mean British sur-tax.
(b) In Article 1 (b) of the said Agreement the expression “Irish Free State super-tax” shall for the year 1928/29 include Irish Free State sur-tax and shall for subsequent years mean Irish Free State sur-tax.
2. The following Article shall be substituted for Article 2 of the said Agreement:—
2. (1) Relief from double taxation in respect of income tax (including sur-tax) in the case of any person who is resident both in Great Britain or Northern Ireland and in the Irish Free State shall be allowed from British income tax and Irish Free State tax respectively in accordance with and under the provisions of Section 27 of the Finance Act, 1920, provided that
(a) the rate of relief to be allowed from British income tax shall be one-half of that person's appropriate rate of British income tax or one-half of his appropriate rate of Irish Free State tax, whichever is the lower;
(b) the rate of relief to be allowed from Irish Free State tax shall be one-half of that person's appropriate rate of British income tax or one-half of his appropriate rate of Irish Free State tax, whichever is the lower;
(c) the appropriate rate of British income tax for any year shall in the case of a person whose income is chargeable to British income tax at the standard rate only be a rate ascertained by dividing the amount of tax payable by him for that year in respect of his total income (before deduction of any relief granted in respect of life assurance premiums or any relief granted under the provisions of Section 27 of the Finance Act, 1920, as amended by this Article) by the amount of his total income, and shall in the case of a person part of whose total income is chargeable to British income tax at a rate or rates in excess of the standard rate be the sum of the following rates:—
(i) the rate which would have been the appropriate rate in the case of that person if his income had been chargeable at the standard rate only, and
(ii) the rate ascertained by dividing the amount of the British sur-tax payable by that person for that year by the amount of his total income for that year;
(d) the appropriate rate of Irish Free State tax for any year shall in the case of a person whose income is chargeable in the Irish Free State to income tax only be a rate ascertained by dividing the amount of tax payable by him for that year in respect of his total income (before deduction of any relief granted in respect of life assurance premiums or any relief granted under the provisions of Section 27 of the Finance Act, 1920, as amended by this Article) by the amount of his total income, and shall in the case of a person whose income is chargeable to Irish Free State sur-tax be the sum of the following rates:—
(i) the rate which would have been the appropriate rate in the case of that person if his income had been chargeable to income tax only, and
(ii) the rate ascertained by dividing the amount of the Irish Free State sur-tax payable by that person for that year by the amount of his total income for that year;
(e) relief under this Article from British income tax allowable to any person for any year shall be given as to such an amount as would be due if his income for the year were chargeable to British income tax at the standard rate only and to Irish Free State income tax only by repayment of or set off against the tax at the standard rate payable by him for that year, and as to any balance by repayment of or set off against any British sur-tax payable by him for that year;
(f) relief under this Article from Irish Free State tax allowable to any person for any year shall be given as to such an amount as would be due if his income for the year were chargeable to British income tax at the standard rate only and to Irish Free State income tax only by repayment of or set off against the income tax payable by him for that year, and as to any balance by repayment of or set off against any Irish Free State sur-tax payable by him for that year.
(2) Relief from double taxation to super-tax for the year 1928/29 in the case of any person who is resident both in Great Britain or Northern Ireland and in the Irish Free State shall be allowed, in accordance with and under the provisions of Section 27 of the Finance Act, 1920, so far as applicable, from British super-tax for that year and Irish Free State super-tax for that year respectively at one-half of the lower of the two following rates:—
(a) that person's rate of British super-tax for the year 1928/29 ascertained by dividing the amount of the super-tax payable by him for that year by the amount of his total income from all sources for that year as estimated for super-tax purposes,
(b) that person's rate of Irish Free State super-tax for the year 1928/29 ascertained by dividing the amount of the super-tax payable by him for that year by the amount of his total income from all sources for that year as estimated for super-tax purposes.
(3) For the purposes of this Article references to Section 27 of the Finance Act, 1920, shall in relation to British taxation be construed as references to that section subject to the amendments thereof effected by the British Finance Act, 1927, other than the amendment of the said section numbered (iv) in Part II of the Fifth Schedule to the said Act of 1927.
3. This Agreement shall be subject to confirmation by the British Parliament and by the Oireachtas of the Irish Free State, and shall have effect only if and so long as legislation confirming the Agreement is in force both in Great Britain and Northern Ireland and in the Irish Free State.
Dated this 25th day of April, Nineteen Hundred and Twenty-eight.
(Signed)
(Signed)
(Signed)
(Signed)
WINSTON S. CHURCHILL.
WINSTON S. CHURCHILL.
EARNAN DE BLAGHD,
EARNAN DE BLAGHD,
Chancellor of the Exchequer.
Chancellor of the Exchequer.
Minister for Finance, Saorstát Eireann.
Minister for Finance, Saorstát Eireann.
SECOND SCHEDULE. SUGAR, MOLASSES, GLUCOSE, SACCHARIN.—RATES OF DUTIES, DRAWBACKS AND ALLOWANCES.
SUGAR, MOLASSES, GLUCOSE, SACCHARIN.—RATES OF DUTIES, DRAWBACKS AND ALLOWANCES.
PART I.—DUTIES.
Articles.
Articles.
Customs Duty.
Customs Duty.
Excise Duty.
Excise Duty.
s.
s.
d.
d.
s.
s.
d.
d.
Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees,
Sugar which, when tested by the polariscope, indicates a polarisation exceeding ninety-eight degrees,
the cwt.
the cwt.
11
11
8
8
11
11
8
8
Sugar of a polarisation not exceeding seventy-six degrees,
Sugar of a polarisation not exceeding seventy-six degrees,
the cwt.
the cwt.
5
5
7
7
5
5
7
7
Sugar of a polarisation—
Sugar of a polarisation—
Exceeding 76 and not exceeding 77
Exceeding 76 and not exceeding 77
the cwt.
the cwt.
5
5
9.4
9.4
5
5
9.4
9.4
77
77
78
78
5
5
11.6
11.6
5
5
11.6
11.6
78
78
79
79
6
6
1.9
1.9
6
6
1.9
1.9
79
79
80
80
6
6
4.1
4.1
6
6
4.1
4.1
80
80
81
81
6
6
6.4
6.4
6
6
6.4
6.4
81
81
82
82
6
6
8.6
8.6
6
6
8.6
8.6
82
82
83
83
6
6
10.8
10.8
6
6
10.8
10.8
83
83
84
84
7
7
1.4
1.4
7
7
1.4
1.4
84
84
85
85
7
7
3.9
3.9
7
7
3.9
3.9
85
85
86
86
7
7
6.4
6.4
7
7
6.4
6.4
86
86
87
87
7
7
8.9
8.9
7
7
8.9
8.9
87
87
88
88
7
7
11.7
11.7
7
7
11.7
11.7
88
88
89
89
8
8
2.5
2.5
8
8
2.5
2.5
89
89
90
90
8
8
5.9
5.9
8
8
5.9
5.9
90
90
91
91
8
8
9.2
9.2
8
8
9.2
9.2
91
91
92
92
9
9
0.6
0.6
9
9
0.6
0.6
92
92
93
93
9
9
4.0
4.0
9
9
4.0
4.0
93
93
94
94
9
9
7.3
7.3
9
9
7.3
7.3
94
94
95
95
9
9
10.7
10.7
9
9
10.7
10.7
95
95
96
96
10
10
2.0
2.0
10
10
2.0
2.0
96
96
97
97
10
10
5.4
5.4
10
10
5.4
5.4
97
97
98
98
10
10
8.8
8.8
10
10
8.8
8.8
Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:—
Molasses (except when cleared for use by a licensed distiller in the manufacture of spirits) and invert sugar, and all other sugar and extracts from sugar which cannot be completely tested by the polariscope, and on which duty is not specially charged by reference to the other provisions of this Part of this Schedule:—
If containing 70 per cent or more of sweetening matter,
If containing 70 per cent or more of sweetening matter,
the cwt.
the cwt.
7
7
5
5
7
7
5
5
If containing less than 70 per cent. and more than 50 per cent. of sweetening matter,
If containing less than 70 per cent. and more than 50 per cent. of sweetening matter,
the cwt.
the cwt.
5
5
4
4
5
5
4
4
If containing not more than 50 per cent. of sweetening matter,
If containing not more than 50 per cent. of sweetening matter,
the cwt.
the cwt.
2
2
7
7
2
2
7
7
The amount of sweetening matter to be taken to be the total amount of cane, invert and other sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners:—
The amount of sweetening matter to be taken to be the total amount of cane, invert and other sugar contained in the article as determined by analysis in manner directed by the Revenue Commissioners:—
Glucose
Glucose
Solid
Solid
the cwt.
the cwt.
7
7
5
5
7
7
5
5
Liquid
Liquid
the cwt.
the cwt.
5
5
4
4
5
5
4
4
Saccharin (including substances of a like nature or use)
Saccharin (including substances of a like nature or use)
the oz.
the oz.
3
3
9
9
3
3
9
9
PART II.—DRAWBACKS AND ALLOWANCES.
A.—CUSTOMS DRAWBACKS.
Nature of Drawback.
Nature of Drawback.
Amount or Rate of Drawback.
Amount or Rate of Drawback.
(1) Drawback on the export or on the shipment or deposit in a bonded warehouse, for use as ship's stores, of duty-paid sugar or molasses (including sugar or molasses produced from duty-paid sugar or molasses) and which has passed a refinery in Saorstát Eireann.
(1) Drawback on the export or on the shipment or deposit in a bonded warehouse, for use as ship's stores, of duty-paid sugar or molasses (including sugar or molasses produced from duty-paid sugar or molasses) and which has passed a refinery in Saorstát Eireann.
In the case of molasses produced in bond an amount equal to the duty paid and in any other case an amount equal to the duty which would be chargeable on the importation of the like article.
In the case of molasses produced in bond an amount equal to the duty paid and in any other case an amount equal to the duty which would be chargeable on the importation of the like article.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar or glucose has been used.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar or glucose has been used.
An amount equal to the duty paid in respect of the sugar or glucose.
An amount equal to the duty paid in respect of the sugar or glucose.
(3) Drawback on the export, or on the shipment, or deposit in a bonded warehouse for use as ship's stores of goods (other than beer) in the manufacture or preparation of which in Saorstát Eireann any duty-paid sugar, molasses, glucose or saccharin has been used.
(3) Drawback on the export, or on the shipment, or deposit in a bonded warehouse for use as ship's stores of goods (other than beer) in the manufacture or preparation of which in Saorstát Eireann any duty-paid sugar, molasses, glucose or saccharin has been used.
An amount equal to the duty chargeable in respect of that quantity of the sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods, or, in the case of residual products, to be contained in the goods.
An amount equal to the duty chargeable in respect of that quantity of the sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods, or, in the case of residual products, to be contained in the goods.
(4) Drawback to be allowed to a refiner on molasses produced in Saorstát Eireann from sugar on which the import duty has been paid at the current rate and delivered to a licensed distiller for use in the manufacture of spirits the cwt.
(4) Drawback to be allowed to a refiner on molasses produced in Saorstát Eireann from sugar on which the import duty has been paid at the current rate and delivered to a licensed distiller for use in the manufacture of spirits the cwt.
2s. 7d.
2s. 7d.
B.—EXCISE DRAWBACKS.
Nature of Drawback.
Nature of Drawback.
Amount or Rate of Drawback.
Amount or Rate of Drawback.
(1) Drawback on the export, or on the shipment, or deposit in a bonded warehouse for use as ship's stores of duty-paid sugar, molasses, glucose or saccharin.
(1) Drawback on the export, or on the shipment, or deposit in a bonded warehouse for use as ship's stores of duty-paid sugar, molasses, glucose or saccharin.
An amount equal to the duty paid.
An amount equal to the duty paid.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar or glucose has been used.
(2) Drawback on the deposit in a bonded warehouse for export of beer in the brewing of which duty-paid sugar or glucose has been used.
An amount equal to the duty paid in respect of the sugar or glucose.
An amount equal to the duty paid in respect of the sugar or glucose.
(3) Drawback on the export, or on the shipment, or deposit in a bonded warehouse for use as ship's stores of goods (other than beer) in the manufacture or preparation of which in Saorstát Eireann any duty-paid sugar, molasses, glucose or saccharin has been used.
(3) Drawback on the export, or on the shipment, or deposit in a bonded warehouse for use as ship's stores of goods (other than beer) in the manufacture or preparation of which in Saorstát Eireann any duty-paid sugar, molasses, glucose or saccharin has been used.
An amount equal to the duty paid in respect of that quantity of the sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods.
An amount equal to the duty paid in respect of that quantity of the sugar, molasses, glucose or saccharin which appears to the satisfaction of the Revenue Commissioners to have been used in the manufacture or preparation of the goods.
(4) Drawback to be allowed to a refiner on molasses produced in Saorstát Eireann from duty-paid sugar and delivered to a licensed distiller for use in the manufacture of spirits the cwt.
(4) Drawback to be allowed to a refiner on molasses produced in Saorstát Eireann from duty-paid sugar and delivered to a licensed distiller for use in the manufacture of spirits the cwt.
2s. 7d.
2s. 7d.
(5) Drawback on the deposit of duty-paid glucose in a warehouse approved by the Revenue Commissioners under section 2 of the Manufactured Tobacco Act, 1863, for the manufacture of cavendish and negrohead tobacco.
(5) Drawback on the deposit of duty-paid glucose in a warehouse approved by the Revenue Commissioners under section 2 of the Manufactured Tobacco Act, 1863, for the manufacture of cavendish and negrohead tobacco.
An amount equal to the drawback which would have been payable on the export of the glucose.
An amount equal to the drawback which would have been payable on the export of the glucose.
C.—ALLOWANCES TO REFINERS ON MOLASSES PRODUCED IN SAORSTÁT EIREANN AND USED SOLELY FOR THE PURPOSE OF FOOD FOR STOCK.
Nature of Allowance.
Nature of Allowance.
Rate of Allowance.
Rate of Allowance.
Allowance on molasses produced from sugar on which duty has been paid on importation or on which the excise duty has been paid the cwt.
Allowance on molasses produced from sugar on which duty has been paid on importation or on which the excise duty has been paid the cwt.
2s. 7d.
2s. 7d.
THIRD SCHEDULE. ENACTMENTS REPEALED.
ENACTMENTS REPEALED.
Session and Chapter or Number and Year.
Session and Chapter or Number and Year.
Short Title.
Short Title.
Extent of Repeal.
Extent of Repeal.
Date of Repeal.
Date of Repeal.
63 & 64 Vic. c. 7.
63 & 64 Vic. c. 7.
Finance Act, 1900.
Finance Act, 1900.
Sub-section (2) of section 12, except so far as relates to persons dying before the 19th day of April, 1907.
Sub-section (2) of section 12, except so far as relates to persons dying before the 19th day of April, 1907.
The passing of this Act.
The passing of this Act.
8 & 9 Geo. V. c. 40.
8 & 9 Geo. V. c. 40.
Income Tax Act, 1918.
Income Tax Act, 1918.
Sections 98 and 134.
Sections 98 and 134.
6th. April, 1928.
6th. April, 1928.
No. 28 of 1925.
No. 28 of 1925.
Finance Act, 1925.
Finance Act, 1925.
Paragraph (e) of sub-section (2) of section 16, and sections 19 and 20.
Paragraph (e) of sub-section (2) of section 16, and sections 19 and 20.
26th April, 1928.
26th April, 1928.