Finance Act 2005 (2005_act_5) | IE

ISB Act 2005-03-25

Schedule 1 Finance Act 2005 Open official source

SCHEDULE 1 Amendments Consequential on Changes in Personal Tax Credits

Amendments Consequential on Changes in Personal Tax Credits

Section 3.

As respects the year of assessment 2005 and subsequent years of assessment, the Taxes Consolidation Act 1997 is amended as follows—

(a) in section 461, by substituting “€3,160” for “€3,040”, in both places where it occurs, and “€1,580” for “€1,520”,

(b) in section 461A, by substituting “€400” for “€300”,

(c) in section 462, by substituting “€1,580” for “€1,520” in subsection (2),

(d) in section 463, by substituting “€2,800”, “€2,300”, “€1,800”, “€1,300” and “€800” respectively for “€2,600”, “€2,100”, “€1,600”, “€1,100” and “€600” in subsection (2),

(e) in section 465, by substituting “€1,000” for “€500” in subsection (1),

(f) in section 468, by substituting “€1,000” and “€2,000”, respectively for “€800” and “€1,600” in subsection (2), and

(g) in section 472, by substituting “€1,270” for “€1,040”, in both places where it occurs, in subsection (4).

ISB Act 2005-03-25

Schedule 2 Finance Act 2005 Open official source

SCHEDULE 2 Rates of Tobacco Products Tax

SCHEDULE 2

Rates of Tobacco Products Tax

Section 72.

Description of Product

Rate of Tax

Cigarettes ... ... ...

€133.39 per thousand together with an amount equal to 18.32 per cent of the price at which the cigarettes are sold by retail.

Cigars ... ... ... ...

€196.409 per kilogram

Fine-cut tobacco for the rolling of cigarettes ... ... ...

€165.740 per kilogram

Other smoking tobacco ...

€136.261 per kilogram

ISB Act 2005-03-25

Schedule 3 Finance Act 2005 Open official source

SCHEDULE 3 Repeals and Revocations Relating to Excise Duty on Tobacco Products

Repeals and Revocations Relating to Excise Duty on Tobacco Products

Section 81.

PART 1 Repeals

PART 1

Repeals

Number and Year

Short title

Extent of repeal

(1)

(2)

(3)

No. 32 of 1977.

Finance (Excise Duty on Tobacco Products) Act 1977.

The whole Act, in so far as it is unrepealed.

No. 9 of 1984.

Finance Act 1984.

Section 70.

No. 8 of 2004.

Finance Act 2004.

Section 45.

PART 2 Revocations

PART 2

Revocations

Number and Year

Subject matter or citation

Extent of revocation

(1)

(2)

(3)

S.I. No. 389 of 1977.

Tobacco Products Regulations 1977.

The whole Regulations.

S.I. No. 233 of 1995.

Tobacco Products (Tax Stamp) Regulations 1995.

The whole Regulations.

ISB Act 2005-03-25

Schedule 4 Finance Act 2005 Open official source

SCHEDULE 4 Repeals Relating to Excise Law

SCHEDULE 4

Repeals Relating to Excise Law

Section 95.

Session and Chapter or Number and Year

Session and Chapter

or

Number and Year

Short Title

Extent of repeal

(1)

(2)

(3)

2 Will. 4, c.16.

Excise Permits Act 1832.

The whole Act.

4 & 5 Vict., c.20.

Excise Management Act 1841.

Section 30.

61 & 62 Vict., c.20.

Finance Act 1898.

Section 4.

61 & 62 Vict., c.46.

Revenue Act 1898.

Sections 14 and 15.

No. 27 of 1924.

Finance Act 1924.

Section 38, in so far as it relates to excise duties.

No. 3 of 2003.

Finance Act 2003.

Section 93.

ISB Act 2005-03-25

Schedule 5 Finance Act 2005 Open official source

SCHEDULE 5 Amendment of Provisions Consequential on Section 145

Amendment of Provisions Consequential on Section 145

Section 145.

PART 1 Amendments of the Taxes Consolidation Act 1997 consequential to the provisions of section 145(1)

PART 1

Amendments of the Taxes Consolidation Act 1997 consequential to the provisions of section 145(1)

Provision amended

Words to be replaced

Words to be inserted

(1)

(2)

(3)

section 128B(9)(c)

“Subsections (3) and (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 128B(9)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 172K(6)(c)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 172K(6)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 240(3)

“Subsections (2) to (4) of section 1080”

“Subsection (3) to (5) of section 1080”

section 240(4)

“subsection (1)(b)”

“subsection (2)(b)”

section 258(9)(c)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 258(9)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 503(8)

“income tax charged by an assessment”

“income tax”

section 591(11)(c)

“R is the rate per cent specified in section 1080(1)”

“R is 0.083”

section 730G(7)(c)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 730G(7)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 739F(7)(c)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 739F(7)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 784E(6)(c)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 784E(6)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 848M(6)(c)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 848M(6)(d)

“subsection (1)(b)”

“subsection (2)(b)”

section 1082(3)

“section 1080(1)”

“section 1080(2)”

section 1082(4)

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

section 1082(5)

“section 1080(1)”

“section 1080(2)”

paragraph 1(7)(c) of Schedule 18

“Subsections (2) to (4) of section 1080”

“Subsections (3) to (5) of section 1080”

paragraph 1(7)(d) of Schedule 18

“subsection (1)(b)”

“subsection (2)(b)”

PART 2 Amendments of the Stamp Duties Consolidation Act 1999 consequential on the provisions of section 145(3)

Amendments of the Stamp Duties Consolidation Act 1999 consequential on the provisions of section 145(3)

Provision amended

Words to be replaced

Words to be inserted

(1)

(2)

(3)

section 5(4)

“interest on the duty (which shall be recoverable in the same manner as if it were part of the duty) at the rate of 0.0322 per cent for each day or part of a day”

“interest on the duty (which shall be recoverable in the same manner as if it were part of the duty), calculated in accordance with section 159D,”

section 14(1)

“interest on such duty, at the rate of 0.0322 per cent for each day or part of a day”

“interest on such duty, calculated in accordance with section 159D,”

sections 75(3), 87(3) and 87A(4)(a)

“interest on that sum at the rate of 0.0322 per cent for each day or part of a day”

“interest on that sum, calculated in accordance with section 159D,”

sections 79(7) and 80(8)

“interest on the duty, by means of penalty, at the rate of 0.0322 per cent for each day or part of a day”

“interest on the duty, by means of penalty, calculated in accordance with section 159D,”

sections 81(7)(aa) and 81A(11)(aa)

“interest shall be payable on a penalty incurred under paragraph (a) at a rate of 0.0322 per cent for each day or part of a day”

“interest shall be payable on a penalty incurred under paragraph (a), calculated in accordance with section 159D,”

sections 81(7)(b) and 81A(11)(b)

“interest on that amount as may so become payable charged at a rate of 0.0322 per cent for each day or part of a day”

“interest charged on that amount as may so become payable, calculated in accordance with section 159D,”

sections 91(2)(c)(i), 91A(6)(a), 92(2)(a), 92(2)(a) and 92B(4)(a)

“interest on that amount charged at a rate of 0.0322 per cent for each day or part of a day”

“interest charged on that amount, calculated in accordance with section 159D,”

section 108A(4)

“interest on the penalty at a rate of 0.0322 per cent per day or part of a day”

“interest on the penalty, calculated in accordance with section 159D,”

section 117(3)

“interest shall be payable at the rate of 0.0322 per cent for each day or part of a day for which duty so remains unpaid”

“interest shall be payable, calculated in accordance with section 159D, until the day on which the duty is paid”

section 117(4)

“interest on the additional duty payable under subsection (2)(b)(i) shall be charged at the rate of 0.0322 per cent for each day or part of a day”

“interest shall be chargeable on the additional duty payable under subsection (2(b)(i) and shall be calculated in accordance with section 159D,”

sections 123(7), 123A(7), 124(5)(b) and 125(6)

“interest on the duty at the rate of 0.0322 per cent for each day or part of a day”

“interest on the duty, calculated in accordance with section 159D,”

section 126A(10)

“interest on the stamp duty at the rate of 0.0322 per cent per day or part of a day”

“interest on the stamp duty, calculated in accordance with section 159D”

ISB Act 2005-03-25

Schedule 6 Finance Act 2005 Open official source

SCHEDULE 6 Miscellaneous Technical Amendments in Relation to Tax

Miscellaneous Technical Amendments in Relation to Tax

Section 147.

1. The Taxes Consolidation Act 1997 is amended in accordance with the following provisions

(a) in section 4(1), in paragraph (a) of the definition of “company” by substituting “the Health Service Executive” for “a health board”,

(b) in section 127(2)(i)(I) by substituting “Schedule E” for “the Schedule E”,

(c) in section 214(2)(b) by substituting “the Health Service Executive” for “a health board”,

(d) in section 267J by substituting the following for subsection (2)

“(2) Where by virtue of subsection (1) a company is to be allowed credit for tax payable under the laws of a Member State other than the State, Schedule 24 shall apply for the purposes of that subsection as if that subsection were arrangements providing that the tax so payable shall be allowed as a credit against tax payable in the State.”,

(e) in section 268—

(i) in subsection (1), in paragraph (i) of the definition of “industrial building or structure” by substituting “the Health Service Executive” for “the health board in whose functional area the convalescent home is situated,”,

(ii) in subsection (2A)—

(I) by deleting the definition of “health board”, and

(II) in the definition of “qualifying hospital”—

(A) in paragraph (g) by substituting “the Health Service Executive” for “the health board in whose functional area it is situated”,

(B) in paragraph (g)(i) by substituting “the Health Service Executive” for “the health board” in each place where it occurs, and

(C) in paragraph (h) by substituting “the Health Service Executive” for “that health board”,

(iii) in subsection (2B)—

(I) in paragraph (e)—

(A) by substituting “the Health Service Executive” for “the health board in whose functional area it is situated”, and

(B) in subparagraph (i) by substituting “the Health Service Executive” for “the health board” in both places where it occurs,

and

(II) in paragraph (f) by substituting “the Health Service Executive” for “that health board”,

and

(iv) in subsection (3A)(c)(iv)—

(I) by substituting “the Health Service Executive” for “the health board in whose functional area the units are situated”, and

(II) by substituting “the Health Service Executive” for “that health board” in both places where it occurs,

(f) in section 397(3) by substituting “section 243 or 243A” for “section 243”,

(g) in section 404(4)(c)(ii)—

(i) in the construction of M by substituting “days” for “months”, and

(ii) in the construction of R by substituting “is 0.0273.” for “is the rate per cent specified in section 1080(1).”,

(h) in section 469(1)—

(i) in the definition of “hospital”

(I) by substituting “the Health Service Executive” for “a health board” in both places where it occurs, and

(II) by substituting “Health Acts 1947 to 2004” for “Health Acts, 1947 to 1996” in both places where it occurs,

and

(ii) in paragraph (c) of the definition of “practitioner” by substituting “practice” for “practise”,

(i) in section 556(6)(a) by substituting “in each subsequent year” for “in in each subsequent year”,

(j) in section 616(7) in paragraph (b) of the definition of “relevant Member State” by substituting “section 826(1)(a)” for “section 826”,

(k) in section 730K(5)(a) by substituting “section 104 of the Capital Acquisitions Tax Consolidation Act 2003” for “section 63 of the Finance Act, 1985”,

(l) in section 787A in paragraph (a) of the definition of “employee”—

(i) by substituting “the Health Service Executive” for “health board”, and

(ii) by deleting “board or committee” and substituting “the Executive or the committee”,

(m) in section 825A(3)(b) by substituting “section 826(1)(a)” for “section 826”,

(n) in section 888(2)(e) by substituting “who, or the Health Service Executive or any local authority” for “who, or any health board, local authority”,

(o) in section 942 by deleting subsections (7) and (10), and

(p) in Schedule 29—

(i) in column 2—

(I) by deleting “section 893(2)”, and

(II) by inserting “section 896” after “section 894(3)”,

and

(ii) in column 3 by substituting “section 896” for “section 893(3)”.

2. The Capital Acquisitions Tax Consolidation Act 2003 is amended in section 45(2)(b)(i) by deleting “on or”.

3. Schedule 2 to the Finance Act 2003 is amended by substituting “Exceeding 1.2% vol” for “Exceeding 1.2%”.

4. (a) As respects paragraph 1—

(i) subparagraphs (a) to (c), (e), (h) to (j) and (l) to (p) have effect as on and from the passing of this Act,

(ii) subparagraph (f) applies as respects accounting periods ending on or after 3 February 2005,

(iii) subparagraph (g) applies and comes into effect as on and from 3 February 2005,

(iv) subparagraph (k) is deemed to have come into force as on and from 21 February 2003, and

(v) subparagraph (d) is deemed to have come into force as on and from 1 January 2004.

(b) Paragraph 2 is deemed to have come into force and have taken effect as on and from 21 February 2003.

(c) Paragraph 3 has effect as on and from the passing of this Act.

Finance Act 2005

Table of Provisions (6)

Statutory Text (6 Articles)

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