FINANCE ACT, 1989 (1989_act_10) | IE

ISB Act 1989-05-24

Schedule 1 FINANCE ACT, 1989 Open official source

FIRST SCHEDULE Accounting for and Payment of Tax Deducted from Relevant Payments and Undistributed Relevant Income

Accounting for and Payment of Tax Deducted from Relevant Payments and Undistributed Relevant Income

Section 18.

Time and manner of payment

1. (1) Notwithstanding any other provision of the Acts, this paragraph shall have effect for the purpose of regulating the time and manner in which tax deducted in accordance with the provisions of section 18 (5) shall be accounted for and paid.

(2) A collective investment undertaking, which is not a specified collective investment undertaking, shall, with effect from the 5th day of April, 1990, make, within 15 days from the 5th day of April each year, a return to the Collector-General of all amounts from which it was required, by reason of section 18 (5) to deduct tax in the year ending on that date and the amount of appropriate tax which it was required to deduct from those amounts.

(3) The appropriate tax required to be included in a return shall be due and payable at the time by which the return is to be made and shall be paid by the collective investment undertaking to the Collector-General, and the appropriate tax so due shall be payable by the collective investment undertaking without the making of an assessment; but the appropriate tax which has become due as aforesaid may be assessed on the collective investment undertaking (whether or not it has been paid when the assessment is made) if that tax or any part of it is not paid on or before the due date.

(4) If it appears to the inspector that there is an amount of appropriate tax which ought to have been and has not been included in a return, or the inspector is dissatisfied with any return, he may make an assessment on the collective investment undertaking to the best of his judgment; and any amount of appropriate tax due under an assessment made by virtue of this subparagraph shall be treated for the purpose of interest on unpaid tax as having been payable at the time when it would have been payable if a correct return had been made.

(5) Where any item has been incorrectly included in a return, the inspector may make such assessments, adjustments or set-offs as may in his judgment be required for securing that the resulting liabilities to tax (including interest on unpaid tax) whether of the collective investment undertaking or any other person are, so far as possible, the same as they would have been if the item had not been so included.

(6) (a) Any appropriate tax assessed on a collective investment undertaking under this Schedule shall be due within one month after the issue of the notice of assessment (unless that tax is due earlier under subparagraph (3)) subject to any appeal against the assessment, but no such appeal shall affect the date when any amount is due under the said subparagraph (3), and

(b) on the determination of an appeal against an assessment under this Schedule any appropriate tax overpaid shall be repaid.

(7) (a) All the provisions of the Income Tax Acts relating to—

(i) assessments to income tax,

(ii) appeals against such assessments (including the rehearing of appeals and the statement of a case for the opinion of the High Court), and

(iii) the collection and recovery of income tax,

shall, with any necessary modifications, apply to the assessment, collection and recovery of appropriate tax.

(b) Any amount of appropriate tax payable in accordance with this Schedule without the making of an assessment shall carry interest at the rate of 1.25 per cent. for each month or part of a month from the date when the amount becomes due and payable until payment.

(c) The provisions of subsections (3) to (5) of section 550 of the Income Tax Act, 1967, shall apply in relation to interest payable under clause (b) as they apply in relation to interest payable under the said section 550.

(d) In its application to any appropriate tax charged by an assessment made in accordance with this Schedule, section 550 of the Income Tax Act, 1967, shall have effect with the omission of the proviso to subsection (1) and subsections (2) and (2A).

(e) Notwithstanding anything in the Income Tax Acts, the provisions of section 419 of the Income Tax Act, 1967, and section 30 of the Finance Act, 1976, shall not apply in relation to any appropriate tax which is charged by an assessment made in accordance with this Schedule.

(8) Every return shall be in a form prescribed by the Revenue Commissioners and shall include a declaration to the effect that the return is correct and complete.

Statement to be given on making of relevant payment

2. Where a collective investment undertaking, other than a specified collective investment undertaking, makes a relevant payment from which the appropriate tax is deductible in accordance with Section 18 (5), or would be so deductible but for the provisions of paragraphs (a) and (b) of the definition of the appropriate tax contained in section 18 (1), it shall give to the unit holder to whom the relevant payment is made a statement showing—

(a) the amount of the relevant payment,

(b) the amount equal to the aggregate of the appropriate tax deducted from the relevant payment and any amount or amounts deducted pursuant to the provisions of the said paragraphs (a) and (b) in arriving at the appropriate tax, or, if, by reason of the said provisions, there was no appropriate tax to deduct from the amount of the relevant payment, the aggregate of the amounts referred to in the said provisions in so far as they refer to the relevant payment,

(c) the net amount of the relevant payment,

(d) the date of the relevant payment, and

(e) such other information with regard to the relevant payment as shall be necessary to enable the correct amount of tax, if any, payable by or repayable to the unit holder in respect of the relevant payment to be determined.

Penalties

3. (1) Schedule 15 to the Income Tax Act, 1967, is hereby amended by the insertion—

(a) in column 2 of “Finance Act, 1989, paragraph 1 (2) of the First Schedule”, and

(b) in column 3 of “Finance Act, 1989, section 18 (5)”.

(2) Section 94 (2) of the Finance Act, 1983, is hereby amended by the insertion after paragraph (dd) (inserted by the Finance Act, 1986) of the following paragraph

“(ddd) (i) fails to make any deduction required to be made by him under section 18 (5) of the Finance Act, 1989, or

(ii) fails, having made the deduction, to pay the sum deducted to the Collector-General within the time specified in paragraph 1 (3) of the First Schedule to that Act.”.

ISB Act 1989-05-24

Schedule 2 FINANCE ACT, 1989 Open official source

SECOND SCHEDULE Rates of Excise Duty on Spirits

Rates of Excise Duty on Spirits

Section 36.

Description of Spirits

Rate of Duty

Spirits of any description not mentioned here in after and imported mixtures and preparations containing spirits.

£20.085 per litre of alcohol in the spirits

Imported perfumed spirits entered in such manner as to indicate that the strength is not to be tested

£18.277 per litre

Imported liqueurs, cordials, mixtures and other preparations in bottle entered in such manner as to indicate that the strength is not to be tested

£15.464 per litre

ISB Act 1989-05-24

Schedule 3 FINANCE ACT, 1989 Open official source

THIRD SCHEDULE Rates of Excise Duty on Wine and Made Wine

Rates of Excise Duty on Wine and Made Wine

Section 37.

Description of Wine and Made Wine

Rate of Duty

Still

Of an actual alcoholic strength by volume not exceeding 15 vol

£2.04 per litre

Of an actual alcoholic strength by volume exceeding 15 vol

£2.96 per litre

Sparkling

£4.08 per litre

Wine and Made Wine whether still or sparkling of an actual alcoholic strength by volume exceeding 22 vol

An additional duty for every 1 vol or fraction of 1 vol above 22 vol

£0.23 per litre

ISB Act 1989-05-24

Schedule 4 FINANCE ACT, 1989 Open official source

FOURTH SCHEDULE Rates of Excise Duty on Cider and Perry

Rates of Excise Duty on Cider and Perry

Section 38.

Description of Cider and Perry

Rate of Duty

Of an actual alcoholic strength by volume not exceeding 6 vol

£0.93 the gallon

Of an actual alcoholic strength by volume exceeding 6 vol but not exceeding 8.7 vol

£4.03 the gallon

Of an actual alcoholic strength by volume exceeding 8.7 vol

£9.27 the gallon

ISB Act 1989-05-24

Schedule 5 FINANCE ACT, 1989 Open official source

FIFTH SCHEDULE Rates of Excise Duty on Tobacco Products

Rates of Excise Duty on Tobacco Products

Section 39.

Description of Product

Rate of Duty

Cigarettes

£40.70 per thousand together with an amount equal to 13.56 per cent. of the price at which the cigarettes are sold by retail

Cigars

£60.217 per kilogram

Sweetened pipe tobacco

£60.851 per kilogram

Hard pressed tobacco

£38.914 per kilogram

Other pipe tobacco

£48.916 per kilogram

Other smoking or chewing tobacco

£50.814 per kilogram

ISB Act 1989-05-24

Schedule 6 FINANCE ACT, 1989 Open official source

SIXTH SCHEDULE Rates of Excise Duty on Certain Licences

Rates of Excise Duty on Certain Licences

Section 43.

PART I Intoxicating Liquor Licences

PART I

Intoxicating Liquor Licences

(1)

(2)

(3)

Reference Number

Description of Licence

Rate of Duty

MANUFACTURERS' LICENCES

Licence to be taken out annually by

1.

Rectifier or compounder of spirits

£100

2.

Maker for sale of sweets

£100

3.

Maker of cider or perry for sale

£100

WHOLESALE DEALERS' LICENCES

Licence to be taken out annually by

4.

Wholesale dealer in spirits

£100

5.

Wholesale dealer in beer

£100

6.

Wholesale dealer in wine

£100

7.

Wholesale dealer in spirits of wine

£100

RETAILERS' ON-LICENCES

Licence to be taken out annually by

8.

Retailer of spirits

£100

9.

Retailer of beer

£100

10.

Retailer of wine

£100

11.

Retailer of sweets

£100

12.

Retailer of cider

£100

RETAILERS' OFF-LICENCES

Licence to be taken out annually by

13.

Retailer of spirits

£100

14.

Retailer of beer

£100

15.

Retailer of cider

£50

16.

Retailer of wine

£100

17.

Retailer of sweets

£100

PASSENGER VESSEL LICENCES

18.

Licence to be taken out annually in respect of a passenger vessel by the master or other person belonging to the vessel nominated by the owner of the vessel.

£100

19.

Licence to be taken out in respect of a passenger vessel by the master or other person belonging to the vessel nominated by the owner of the vessel, and to be in force for one day only.

£20

RAILWAY RESTAURANT CAR LICENCES

20.

Licence to be taken out annually in respect of a railway restaurant car by the railway company or other person owning the car.

£100

PASSENGER AIRCRAFT LICENCES

21.

Licence to be taken out annually by an air transport concern in respect of an aircraft in flight owned or hired by that concern.

£100

PART II Firearm Certificates

PART II

Firearm Certificates

Section 47 (1).

Description of Certificate

Rate of Duty

For a firearm certificate for a pistol, including an air pistol, or revolver

£25

For a firearm certificate for a rifle, including a miniature rifle

£25

For a firearm certificate for an airgun, including an air rifle

£25

For a firearm certificate for a prohibited weapon

£3

For a firearm certificate for a shot-gun to which the provisions of section 12 of the Firearms Act, 1964, apply

£4

For any other firearm certificate—

For one such certificate

£17

Where two or more such certificates are granted to the same person (not necessarily at the same time) and expire on the same date—

For the first such certificate

£17

For the second and every subsequent such certificate

£4

PART III Gaming Licences

PART III

Gaming Licences

Section 47 (2).

Description of Licence

Rate of Duty

Where the period for which the licence is to be issued as specified in the certificate under the Gaming and Lotteries Act, 1956, authorising the issue of the licence—

(a) does not exceed three months

£100

(b) exceeds three months but does not exceed six months

£200

(c) exceeds six months but does not exceed nine months

£300

(d) exceeds nine months

£400

PART IV Other Licences

PART IV

Other Licences

Section 47 (4).

(1)

(2)

(3)

(4)

(5)

Reference Number

Description of licence

Enactment imposing the duty

Operative date

Rate of Duty

1.

Auctioneer's licence

Section 11 of Finance Act, 1947

6th day of July, 1989

£160

2.

Auction permit

Section 12 of Finance Act, 1947

6th day of July, 1989

£160

3.

House agent's licence

Section 13 of Finance Act, 1947

6th day of July, 1989

£80

4.

Bookmaker's licence

Section 17 of Finance Act, 1931

1st day of December, 1989

£160

5.

Bookmaker's premises registration certificate

Section 18 of Finance Act, 1931

1st day of December, 1989

£160

6.

Hydrocarbon oil refiner's licence

Section 1 (4) of Finance (Miscellaneous Provisions) Act, 1935

1st day of February, 1990

£100

7.

Match manufacturer's licence

Section 3 (2) of Finance (New Duties) Act, 1916

1st day of April, 1990

£100

8.

Methylated spirits maker's licence

Section 27 of Revenue Act, 1889

1st day of October, 1989

£100

9.

Methylated spirits retailer's licence

Section 27 of Revenue Act, 1889

1st day of October, 1989

£5

10.

Moneylender's licence

Section 18 (1) of Finance Act, 1933

1st day of August, 1989

£200

11.

Pawnbroker's licence

Section 18 of Finance Act, 1965

1st day of August, 1989

£200

12.

Table waters manufacturer's licence

Section 9 of Finance Act, 1916

1st day of May, 1990

£100

13.

Tobacco products manufacturer's licence

Section 10 (1) of Finance (Excise Duty on Tobacco Products) Act, 1977

1st day of January, 1990

£100

ISB Act 1989-05-24

Schedule 7 FINANCE ACT, 1989 Open official source

SEVENTH SCHEDULE

Section 49 (1).

PART I Repeal of Provisions relating to Hawkers' Licences

PART I

Repeal of Provisions relating to Hawkers' Licences

Session and Chapter or Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

51 & 52 Vict., c. 33.

Hawkers Act, 1888.

The whole Act.

No. 20 of 1930.

Finance Act, 1930.

Section 12.

No. 31 of 1931.

Finance Act, 1931.

Section 24.

No. 25 of 1938.

Finance Act, 1938.

Section 21.

No. 25 of 1958.

Finance Act, 1958.

Section 19.

No. 19 of 1960.

Finance Act, 1960.

Section 16 (4).

PART II Repeal of Provisions relating to Refreshment House Licences

PART II

Repeal of Provisions relating to Refreshment House Licences

Section 50 (1).

Session and Chapter or Number and Year

Short Title

Extent of Repeal

(1)

(2)

(3)

23 & 24 Vict., c. 107.

Refreshment Houses (Ireland) Act, 1860.

Sections 1, 2 and 9. Section 10 and Form No. 1 contained in the Schedule. Sections 11, 12, 18 and 34.

Sections 1, 2 and 9.

Section 10 and Form No. 1 contained in the Schedule.

Sections 11, 12, 18 and 34.

24 & 25 Vict., c. 91.

Revenue (No. 2) Act, 1861.

Section 9.

25 & 26 Vict., c. 22.

Revenue Act, 1862.

Section 15.

27 & 28 Vict., c. 18.

Revenue (No. 1) Act, 1864.

Section 5.

No. 15 of 1946.

Finance Act, 1946.

Section 21.

No. 14 of 1980.

Finance Act, 1980.

Section 77 (5).

No. 16 of 1981.

Finance Act, 1981.

Section 38.

FINANCE ACT, 1989

Table of Provisions (7)

Statutory Text (7 Articles)

Need to analyze how this provision applies to your matter?