Finance Act 2008 (2008_act_3) | IE

ISB Act 2008-03-13

Schedule 1 Finance Act 2008 Open official source

SCHEDULE 1 Amendments Consequential on Changes in Personal Tax Credits

SCHEDULE 1

Amendments Consequential on Changes in Personal Tax Credits

Section 3.

As respects the year of assessment 2008 and subsequent years of assessment, the Taxes Consolidation Act 1997 is amended as follows

(a) in section 461, by substituting “€3,660” for “€3,520”, in both places where it occurs, and “€1,830” for “€1,760”;

(b) in section 461A, by substituting “€600” for “€550”;

(c) in section 462, by substituting “€1,830” for “€1,760” in subsection (2);

(d) in section 463, by substituting “€4,000”, “€3,500”, “€3,000”, “€2,500” and “€2,000” respectively for “€3,750”, “€3,250”, “€2,750”, “€2,250” and “€1,750” in subsection (2);

(e) in section 464, by substituting “€650” and “€325”, respectively for “€550” and “€275”;

(f) in section 465, by substituting “€3,660” for “€3,000” in subsection (1);

(g) in section 466A, by substituting “€900” for “€770” in subsection (2);

(h) in section 468, by substituting “€1,830” and “€3,660”, respectively for “€1,760” and “€3,520” in subsection (2); and

(i) in section 472, by substituting “€1,830” for “€1,760”, in both places where it occurs, in subsection (4).

ISB Act 2008-03-13

Schedule 2 Finance Act 2008 Open official source

SCHEDULE 2 Rates of Electricity Tax

SCHEDULE 2

Rates of Electricity Tax

Section 58.

Description of use

Rate of tax

Business use

€0.5 per Megawatt hour

Non-business use

€1.0 per Megawatt hour

ISB Act 2008-03-13

Schedule 3 Finance Act 2008 Open official source

SCHEDULE 3 Repeals Relating to Excise Law

SCHEDULE 3

Repeals Relating to Excise Law

Section 76.

PART 1 Repeals

PART 1

Repeals

Number and Year

Short title

Extent of repeal

(1)

(2)

(3)

No. 28 of 1925

Finance Act 1925

Sections 40, 41 and 43

No. 13 of 1949

Finance Act 1949

Section 10

No. 15 of 1964

Finance Act 1964

Section 18

No. 17 of 1966

Finance Act 1966

Section 16

No. 23 of 1971

Finance Act 1971

Section 52

No. 14 of 1980

Finance Act 1980

Section 77(2)

No. 15 of 1983

Finance Act 1983

Section 64

No. 10 of 1989

Finance Act 1989

Sections 46 and 47(1)

No. 9 of 1992

Finance Act 1992

Sections 159 and 160(1)

No. 7 of 2001

Finance Act 2001

Section 174

No. 11 of 2007

Finance Act 2007

Sections 67, 68, 69, 70, 71, 72 and 73

PART 2 Revocation

PART 2

Revocation

Number and Year

Subject matter or citation

Extent of revocation

(1)

(2)

(3)

S.I. No. 162 of 1972

Imposition of Duties (No. 199) (Excise Duties) (Firearm Certificates) Order 1972

The whole Order

ISB Act 2008-03-13

Schedule 4 Finance Act 2008 Open official source

SCHEDULE 4 Miscellaneous Amendments Relating to the Amendment of the Definition of Taxable Person

SCHEDULE 4

Miscellaneous Amendments Relating to the Amendment of the Definition of Taxable Person

Section 109.

Amendments to Value-Added Tax Act 1972

Provision of Value-Added Tax Act 1972

Words to be replaced

Words to be inserted

Section 2

a taxable person

an accountable person

Section 3(1)(f)

a taxable person

an accountable person

Section 3(1)(f)(i)(I)

the taxable person

the accountable person

Section 3(1)(f)(ii)

the taxable person

the accountable person

Section 3(5)(b)(iii)

a taxable person

an accountable person

Section 3(6)(d)(i)

a taxable person

an accountable person

Section 3(6A)

a taxable person

an accountable person

Section 3(7)(i)

a taxable person

an accountable person

Section 3(7)(i)

the taxable person

the accountable person

Section 3A(3)(b)

the person would be a taxable person or entitled to elect to be a taxable person in the State

the person would be an accountable person or entitled to elect to be an accountable person in the State

Section 3B

a taxable person

an accountable person

Section 4(8)

a taxable person

an accountable person

Section 4(10)

a taxable person

an accountable person

Section 5(3)

a taxable person

an accountable person

Section 5(3)

the taxable person’s

an accountable person’s

Section 5(3)

another taxable person

another accountable person

Section 5(6)(ddd)

a taxable person

an accountable person

Section 5(8)(a)(i)

a taxable person to another taxable person or a flat-rate farmer, or

an accountable person to a taxable person or

Section 5(8)(a)(ii)

a taxable person

an accountable person

Section 5(8)(b)

‘taxable person’

‘accountable person’

Section 5(8)(b)

a taxable person

an accountable person

Section 6A

a taxable person

an accountable person

Section 6A

such taxable person

such accountable person

Section 6A

A taxable person

An accountable person

Section 6A

other taxable persons

other accountable persons

Section 8(1A)(a)

a taxable person

an accountable person

Section 8(1A)(b)

a taxable person

an accountable person

Section 8(1A)(c)

a taxable person

an accountable person

Section 8(1A)(d)

a taxable person

an accountable person

Section 8(2)

a taxable person

an accountable person

Section 8(2)

that taxable person

that accountable person

Section 8(2)

the taxable person

the accountable person

Section 8(2A)

be taxable persons

be accountable persons

Section 8(2B)

a taxable person

an accountable person

Section 8(3)

be taxable persons

be accountable persons

Section 8(3)

a taxable person

an accountable person

Section 8(3)

to taxable persons

to accountable persons

Section 8(3)

be a taxable person

be an accountable person

Section 8(3A)

a taxable person

an accountable person

Section 8(3E)

a taxable person

an accountable person

Section 8(4)

a taxable person

an accountable person

Section 8(6)

A taxable person

An accountable person

Section 8(6)

a taxable person

an accountable person

Section 8(8)(a)(ii)

a taxable person

an accountable person

Section 8(9)

a taxable person

an accountable person

Section 9

are taxable persons

are accountable persons

Section 9

a taxable person

an accountable person

Section 10(3)(d)

a taxable person

an accountable person

Section 10A

a taxable person

an accountable person

Section 10A

that taxable person

that accountable person

Section 10B

a taxable person

an accountable person

Section 10B

that taxable person

that accountable person

Section 11(1AA)

a taxable person

an accountable person

Section 11(1AA)

the taxable person

the accountable person

Section 11(1AA)

that taxable person

that accountable person

Section 11(1B)

a taxable person

an accountable person

Section 11(1B)

the taxable person

the accountable person

Section 11(1B)

Any taxable person

Any accountable person

Section 11(3)

the taxable person

the accountable person

Section 12(1)

a taxable person

an accountable person

Section 12(1)

other taxable persons

other accountable persons

Section 12(1)

the taxable person

the accountable person

Section 12(1)

another taxable person

another accountable person

Section 12(1)

the taxable person’s

the accountable person’s

Section 12(1A)

a taxable person

an accountable person

Section 12(2)

the taxable person

the accountable person

Section 12(3)(a)

the taxable person

the accountable person

Section 12(3)(a)

the taxable person’s

the accountable person’s

Section 12(3)(a)

that taxable person

that accountable person

Section 12(3)(c)

the taxable person

the accountable person

Section 12(3A)

that taxable person

that accountable person

Section 12(3A)

a taxable person

an accountable person

Section 12(4)

a taxable person

an accountable person

Section 12A

a taxable person

an accountable person

Section 12B(2)

a taxable person

an accountable person

Section 12B(10)

a taxable person

an accountable person

Section 12C(5)

a taxable person

an accountable person

Section 13

of taxable persons

of accountable persons

Section 13A

a taxable person

an accountable person

Section 13A

each taxable person

each accountable person

Section 13A

A taxable person

An accountable person

Section 16

Every taxable person

Every accountable person

Section 16

a taxable person

an accountable person

Section 16

A taxable person

An accountable person

Section 16

that taxable person

that accountable person

Section 17

A taxable person

An accountable person

Section 17

another taxable person

another accountable person

Section 17

a taxable person

an accountable person

Section 17

the taxable person

the accountable person

Section 18

A taxable person

An accountable person

Section 19(2)

a taxable person

an accountable person

Section 19(3)(a)

a taxable person

an accountable person

Section 19(3)(aa)(i)

a taxable person

an accountable person

Section 19(3)(aa)(ii)

a taxable person

an accountable person

Section 19(3)(aa)(ii)

the taxable person

the accountable person

Section 19(3)(aa)(iii)

a taxable person

an accountable person

Section 19(3)(aa)(iii)

the taxable person

the accountable person

Section 19(3)(aa)(iv)

the taxable person

the accountable person

Section 19(3)(aa)(v)

a taxable person

an accountable person

Section 19(3)(aa)(vi)

the taxable person

the accountable person

Section 19(3)(aa)(viii)

a taxable person or a registered person

an accountable person

Section 19(3)(aa)(viii)

A taxable person

An accountable person

Section 19(3)(aa)(viii)

the taxable person

the accountable person

Section 19(3)(b)

a taxable person

an accountable person

Section 19(3)(b)

such taxable person

such accountable person

Section 19(3)(c)

a taxable person

an accountable person

Section 19(3)(d)

a taxable person

an accountable person

Section 19(3)(d)

the taxable person

the accountable person

Section 19(3)(d)

the taxable person’s

the accountable person’s

Section 19(3)(d)

a taxable person’s

an accountable person’s

Section 19A

a taxable person

an accountable person

Section 19B

a taxable person

an accountable person

Section 19B

that taxable person

that accountable person

Section 19B

the taxable person

the accountable person

Section 19B

A taxable person

An accountable person

Section 19B

‘taxable person’

‘accountable person’

Section 20

a taxable person

an accountable person

Section 21

the taxable person

the accountable person

Section 22

a taxable person

an accountable person

Section 23A

a taxable person

an accountable person

Section 25

single taxable person

single accountable person

Section 25

a taxable person

an accountable person

Section 26

a taxable person

an accountable person

Section 27

a taxable person

an accountable person

Section 32

a taxable person

an accountable person

Section 32

by taxable persons

by accountable persons

Section 34

a taxable person

an accountable person

Section 34

the taxable person

the accountable person

Section 35

a taxable person

an accountable person

ISB Act 2008-03-13

Schedule 5 Finance Act 2008 Open official source

SCHEDULE 5 Stamp Duty on Instruments

SCHEDULE 5

Stamp Duty on Instruments

Section 125.

Part 1

Conveyance or Transfer on Sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance

“(1) Where the amount or value of the consideration for the sale which is attributable to residential property does not exceed €127,000 and the instrument contains a statement certifying that the consideration for the sale is, as the case may be— (a) wholly attributable to residential property, or (b) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to residential property exceeds €127,000: for the consideration which is attributable to residential property .........

“(1) Where the amount or value of the consideration for the sale which is attributable to residential property does not exceed €127,000 and the instrument contains a statement certifying that the consideration for the sale is, as the case may be—

(a) wholly attributable to residential property, or

(b) partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to residential property exceeds €127,000

for the consideration which is attributable to residential property .........

Exempt.

(2) Where paragraph (1) does not apply and the amount or value of the consideration for the sale is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration for the sale is, as the case may be— (a) wholly attributable to residential property, or (b) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the sale concerned which is wholly or partly attributable to residential property) would have been wholly or partly attributable to residential property

(2) Where paragraph (1) does not apply and the amount or value of the consideration for the sale is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration for the sale is, as the case may be—

(a) wholly attributable to residential property, or

(b) partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the sale concerned which is wholly or partly attributable to residential property) would have been wholly or partly attributable to residential property

for the consideration which is attributable to residential property .........

0 per cent of the first €125,000 of the consideration, 7 per cent of the next €875,000 of the consideration and 9 per cent of the balance of the consideration thereafter but where the calculation at a percentage rate results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(3) Where paragraphs (1) and (2) do not apply and the amount or value of the consideration for the sale is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration for the sale is, as the case may be— (a) wholly attributable to residential property, or (b) partly attributable to residential property, and that the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to residential property is an amount equal to Y where— Y is the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property

(3) Where paragraphs (1) and (2) do not apply and the amount or value of the consideration for the sale is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration for the sale is, as the case may be—

(a) wholly attributable to residential property, or

(b) partly attributable to residential property,

and that the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to residential property is an amount equal to Y

where—

Y is the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property

for the consideration which is attributable to residential property .........

Stamp duty of an amount determined by the formula— A x B C where— A is the amount of stamp duty that would have been chargeable under paragraph (2) on the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property had paragraph (2) applied to such consideration, B is the amount or value of the consideration for the sale concerned which is attributable to residential property, and C is the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property, but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

Stamp duty of an amount determined by the formula—

A x B

C

where—

A is the amount of stamp duty that would have been chargeable under paragraph (2) on the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property had paragraph (2) applied to such consideration,

B is the amount or value of the consideration for the sale concerned which is attributable to residential property, and

C is the amount or value, or the aggregate amount or value, of the consideration in respect of the larger transaction or of the series of transactions which is attributable to residential property,

but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(4) Where paragraphs (1) to (3) do not apply and the amount or value of the consideration for the sale is wholly or partly attributable to residential property

for the consideration which is attributable to residential property .........

9 per cent of the consideration but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”.

Part 2

Lease

“(a) where the consideration, or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and (i) the amount or value of such consideration which is attributable to residential property does not exceed €127,000 and the lease contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be— (I) wholly attributable to residential property, or (II) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property exceeds €127,000: for the consideration which is attributable to residential property ......... ... ...... ... ...

“(a) where the consideration, or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and

(i) the amount or value of such consideration which is attributable to residential property does not exceed €127,000 and the lease contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be—

(I) wholly attributable to residential property, or

(II) partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property exceeds €127,000

for the consideration which is attributable to residential property ......... ... ...... ... ...

Exempt.

(ii) the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be— (I) wholly attributable to residential property, or (II) partly attributable to residential property, and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the lease concerned which is wholly or partly attributable to residential property and other than rent) would have been wholly or partly attributable to residential property and clause (i) does not apply

(ii) the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be—

(I) wholly attributable to residential property, or

(II) partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which, had there been a larger transaction or a series of transactions, the amount or value, or the aggregate amount or value, of the consideration (other than the consideration for the lease concerned which is wholly or partly attributable to residential property and other than rent) would have been wholly or partly attributable to residential property and clause (i) does not apply

for the consideration which is attributable to residential property ......... ... ...... ... ...

0 per cent of the first €125,000 of the consideration, 7 per cent of the next €875,000 of the consideration and 9 per cent of the balance of the consideration thereafter but where the calculation at a percentage rate results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(iii) the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be— (I) wholly attributable to residential property, or (II) partly attributable to residential property, and that the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property is an amount equal to Y where— Y is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property, and clauses (i) and (ii) do not apply

(iii) the amount or value of such consideration for the lease is wholly or partly attributable to residential property and the instrument contains a statement certifying that the consideration (other than rent) for the lease is, as the case may be—

(I) wholly attributable to residential property, or

(II) partly attributable to residential property,

and that the transaction effected by that instrument forms part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to residential property is an amount equal to Y

where—

Y is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property,

and clauses (i) and (ii) do not apply

for the consideration which is attributable to residential property ......... ... ...... ... ...

Stamp duty of an amount determined by the formula— A x B C where— A is the amount of stamp duty that would have been chargeable under clause (ii) on the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property had clause (ii) applied to such consideration, B is the amount or value of the consideration (other than rent) for the lease concerned which is attributable to residential property, and C is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attribut-able to residential property, but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

Stamp duty of an amount determined by the formula—

A x B

C

where—

A is the amount of stamp duty that would have been chargeable under clause (ii) on the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attributable to residential property had clause (ii) applied to such consideration,

B is the amount or value of the consideration (other than rent) for the lease concerned which is attributable to residential property, and

C is the amount or value, or the aggregate amount or value, of the consideration (other than rent) in respect of the larger transaction or of the series of transactions which is attribut-able to residential property,

but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(iv) the amount or value of such consideration is wholly or partly attributable to residential property and clauses (i) to (iii) do not apply ......... ... ...... ... ...

9 per cent of the consideration which is attributable to residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”.

ISB Act 2008-03-13

Schedule 6 Finance Act 2008 Open official source

SCHEDULE 6 Miscellaneous Amendments in Relation to Claims for Repayment of Tax

SCHEDULE 6

Miscellaneous Amendments in Relation to Claims for Repayment of Tax

Section 137.

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

(a) in section 100(2) by substituting the following for paragraph (b)

“(b) notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made—

(i) the vendor may, before the expiration of 4 years after the date on which the reconveyance takes place, claim repayment of any amount by which tax assessed on such vendor by virtue of this section exceeded the amount which would have been so assessed if that date had been treated for the purposes of this section as the date fixed by the terms of the sale, and

(ii) section 865(6) shall not prevent the Revenue Commissioners from repaying such an amount of tax where a timely claim has been made under this subsection and such a claim is a valid claim within the meaning of section 865(1)(b).”;

(b) in section 101 by inserting “(notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made)” after “shall be made by repayment”;

(c) in section 438(4) by substituting the following for paragraph (b)

“(b) Notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made, relief under this subsection shall be given on a claim which shall be made within 4 years from the end of the year of assessment in which the loan or advance, or any part of it, as the case may be, is repaid to the company.”;

(d) in section 480A—

(i) by substituting the following for subsection (3)

“(3) Where this section applies, the relevant individual shall, on the making of a claim in that behalf, within 4 years from the end of the year of assessment in which he or she ceases permanently to be engaged in the specified occupation, or to carry on the specified profession, as the case may be, be entitled to have a deduction made from his or her total income for up to any 10 of the years of assessment mentioned in subsection (4).”,

and

(ii) by inserting the following after subsection (3)

“(3A) Subsection (3) shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of a timely claim for relief under this section where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made.”;

(e) in section 482(2) by substituting the following for paragraph (a)

“(a) Subject to this section, and notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made, where a person (in this section referred to as “the claimant”), having made a claim in that behalf, proves that the conditions specified in paragraph (b) have been met, then, the Tax Acts shall apply as if the amount of the qualifying expenditure referred to in subparagraph (i) of paragraph (b) were a loss sustained in the chargeable period referred to in that subparagraph in a trade carried on by the claimant separate from any trade actually carried on by the claimant. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of a claim made under this section, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made.”;

(f) in section 489(5) by inserting the following after paragraph (e)

“(f) This subsection shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of an election made under the provisions of paragraph (a) or (b) where the specified individual has made a timely claim for relief in accordance with section 503 and a valid claim for a repayment of tax within the meaning of section 865(1)(b).”;

(g) in section 539 by renumbering the existing text as subsection (1), and by inserting the following after subsection (1)

“(2) Subsection (4) or (6) of section 865 shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of an adjustment of tax made under this section, where a claim for any such adjustment is made within 4 years from the end of the chargeable period (within the meaning of section 321) in which the termination referred to in subsection (1) occurs.”;

(h) in section 562—

(i) in subsection (2), by inserting “and this is so shown within 4 years from the end of the chargeable period (within the meaning of section 321) in which the contingent liability has become enforceable” after “has been enforced,”, and

(ii) by inserting the following after subsection (2)

“(3) Subsection (2) shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for repayment of tax is required to be made. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of any adjustment made in accordance with subsection (2).”;

(i) in section 563(1)(b) by inserting “Subsection (4) or (6) of section 865 shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of any such adjustment.” after “may require.”;

(j) in section 597(7) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

(k) in section 600A(5) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

(l) in section 605(4) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

(m) in section 652(5)(b) by inserting “or any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “assessments may be made”;

(n) in section 670(10) by inserting “(and notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made)” before “effect may be given.”;

(o) in section 774 by inserting the following after subsection (7)

“(7A) Subsection (7)(b)(ii) shall operate notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made where the officer or employee makes a claim for relief in respect of a contribution which is not an ordinary annual contribution within 4 years from the end of the year of assessment in which such contribution is paid or borne by the officer or employee. Section 865(6) shall not prevent the Revenue Commissioners from making a repayment of tax as a consequence of such a claim, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made by the officer or employee.”;

(p) in section 776 by inserting the following after subsection (2)

“(2A) Subsection (2)(b)(ii) shall operate notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made where the officer or employee makes a claim for relief in respect of a contribution which is not an ordinary annual contribution within 4 years from the end of the year of assessment in which such contribution is paid or borne by the officer or employee. Section 865(6) shall not prevent the Revenue Commissioners from making a repayment of tax as a consequence of such a claim, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made by the officer or employee.”;

(q) in section 804(2)(a) by inserting “notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made,” after “repaid,”;

(r) in section 929(3) by inserting “notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made” after “applicant” and,

(s) in section 955(2)(b) by inserting “(notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made)” after “repaid”.

2. The Capital Acquisitions Tax Consolidation Act 2003 is amended—

(a) in section 28, by inserting the following after subsection (5)

“(5A) Notwithstanding section 57(3), relief shall be given under subsection (5)(a) on a claim which shall be made within 4 years after the liability referred to in that paragraph has been paid.”;

and

(b) in section 29, by inserting the following after subsection (1)

“(1A) Notwithstanding section 57(3), relief shall be given under subsection (1) on a claim which shall be made within 4 years after the entitlement referred to in that subsection ceases.”.

ISB Act 2008-03-13

Schedule 7 Finance Act 2008 Open official source

SCHEDULE 7 Provisions relating to Certain Customs Regulations

SCHEDULE 7

Provisions relating to Certain Customs Regulations

Section 139.

Customs-free Airport (Customs and Excise) Regulations 1947 (S.R.&O. No. 137 of 1947) as amended by the Customs-free Airport (Customs and Excise) (Amendment) Regulations 1981 (S.I. No. 364 of 1981).

Customs and Excise (Aircraft) Regulations 1964 (S.I. No. 189 of 1964) as amended by the Customs and Excise (Aircraft) (Amendment) Regulations 1967 (S.I. No. 131 of 1967).

Customs (Land Frontier) Regulations 1968 (S.I. No. 117 of 1968) as amended by the Customs (Land Frontier) Regulations 1978 (S.I. No. 324 of 1978) and the Customs (Land Frontier) Regulations 1988 (S.I. No. 299 of 1988).

ISB Act 2008-03-13

Schedule 8 Finance Act 2008 Open official source

SCHEDULE 8 Miscellaneous Technical Amendments in Relation to Tax

SCHEDULE 8

Miscellaneous Technical Amendments in Relation to Tax

Section 141.

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

(a) in the Table to section 37—

(i) by deleting “Securities issued on or after the 2nd day of July, 1964, by Aer Lingus, Teoranta.”,

(ii) by substituting “Dublin Airport Authority” for “Aer Rianta, Teoranta”, and

(iii) by deleting “Securities issued on or after the 2nd day of July, 1964, by Aerlínte Éireann, Teoranta.”,

(b) in section 247(4A)(e) by deleting “to the Principal Act”,

(c) in section 268—

(i) in subsection (9)(e) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”, and

(ii) by substituting the following for subsection (10)

“(10) For the purposes of this Part—

‘ Dublin Airport Authority ’ means the Dublin Airport Authority, public limited company, and includes—

(a) where a day has been appointed under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, that company, and

(b) where a day has been appointed under the said section 5 in respect of the Shannon Airport Authority, public limited company, that company;

‘ vesting day ’ means the day appointed by order under section 9(6) of the State Airports Act 2004 in respect of the Dublin Airport Authority and such other day or days as may be appointed by order or orders under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, and the Shannon Airport Authority, public limited company.”,

(d) in section 272—

(i) in subsection (3A) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in each place where it occurs,

(ii) in subsection (3B) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in both places where it occurs, and

(iii) in subsection (4)(g)(ii)(I) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”,

(e) in section 274(1)(b)(vi)(II)(A) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”,

(f) in section 284(8) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in both places where it occurs,

(g) in section 476—

(i) in subsection (1) by deleting the definition of “dependant”, and

(ii) in subsection (2)(a) by deleting “, on his or her own behalf or on behalf of his or her dependant,”,

(h) in section 607(1)(d) by substituting “or Dublin Airport Authority,” for “, Aerlínte Éireann, Teoranta, Aer Lingus, Teoranta or Aer Rianta, Teoranta,”,

(i) in section 671—

(i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

(ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”,

(j) in section 681(1)(a), in the definition of “the Minister” by substituting “Minister for Communications, Energy and Natural Resources;” for “Minister for the Marine and Natural Resources;”,

(k) in section 682—

(i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

(ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”,

(l) in section 683(5) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”,

(m) in section 684(1)—

(i) in paragraph (iii)(II) of the definition of “development expenditure” by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

(ii) in paragraph (b) of the definition of “exploration expenditure” by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”,

(n) in section 697—

(i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and

(ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”,

(o) in section 730GB by substituting “Capital Acquisitions Tax Consolidation Act 2003.” for “Capital Acquisitions Tax Act 2003.”,

(p) in section 838(1)(a), in subparagraph (ii) of the definition of “securities” by substituting “or Dublin Airport Authority,” for “, Aerlínte Éireann cuideachta phoiblí theoranta, Aer Lingus plc or Aer Rianta cuideachta phoiblí theoranta,”,

(q) in section 917D(1)—

(i) in paragraph (f) of the definition of “the Acts” by substituting “Stamp Duties Consolidation Act 1999,” for “Stamp Act, 1891,”, and

(ii) in the definition of “authorised person” by substituting “section 917G(3)(a);” for “section 917G(3)(b);”,

(r) in section 1000(a) by substituting “regulation 14 of the Income Tax (Relevant Contracts) Regulations 2000 (S.I. No. 71 of 2000),” for “regulation 12 of the Income Tax (Construction Contracts) Regulations, 1971 (S.I. No. 1 of 1971),”,

(s) in section 1077(2) by substituting “mentioned in any of those provisions or sections,” for “mentioned in any of the those provisions or sections,”,

(t) in section 1104(4) by substituting “Stamp Duties Consolidation Act 1999,” for “Stamp Act, 1891,”,

(u) in Part 1 of Schedule 24A by inserting the following after paragraph 5

“5A. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Chile) Order 2005 (S.I. No. 815 of 2005).”,

and

(v) in Schedule 25C—

(i) in paragraph 1(2), in clause (b) of the definition of TR by deleting “which”, and

(ii) in paragraph 2(2), in clause (b) of the definition of TA by deleting “which”.

2. The Stamp Duties Consolidation Act 1999 is amended in section 75A(1), in paragraph (c) of the definition of “recognised clearing house” by substituting “SIS x-clear Aktiengesellschaft” for “SIS SegaInterSettle AG”.

3. The Value-Added Tax Act 1972 is amended in accordance with the following provisions

(a) in section 1(1)—

(i) in the definition of “the customs-free airport” by substituting “Customs-free Airport Act 1947” for “Customs-free Airport Act, 1941”,

(ii) by deleting “ ‘monthly control statement’ has the meaning assigned to it by section 17;”, and

(iii) in paragraph (c) of the definition of “taxable dealer” by inserting “and in relation to supplies of agricultural machinery, has the meaning assigned to it by section 12C” after “section 12B”,

(b) in section 3B—

(i) in subsection (1) by substituting “suspension arrangement” for “duty-suspension arrangement”,

(ii) in subsection (3) by substituting “and in accordance with Chapters 1 and 2 of Part 2 of the Finance Act 2001” for “and in accordance with Chapter II of Part II of the Finance Act, 1992”,

(iii) in subsection (4) by substituting “suspension arrangement” for “duty-suspension arrangement”, and

(iv) by substituting the following for subsection (7)

“(7) In this section—

‘ alcohol products ’ has the same meaning as it has in section 73(1) of the Finance Act 2003;

‘ suspension arrangement ’ means an arrangement under which excisable products are produced, processed, held or moved, excise duty being suspended.”,

(c) in section 8(2) by deleting paragraph (ab),

(d) in section 16(3)—

(i) by deleting “monthly control statements,”,

(ii) by deleting “monthly control statement,”, and

(iii) by deleting “monthly control statements” where it last occurs,

(e) in section 17 by deleting subsection (1B),

(f) in section 27 by deleting “monthly control statement,” in each place where it occurs,

(g) in section 28 by deleting “monthly control statement,”,

(h) in section 30(4)(b) by deleting “monthly control statement,”,

(i) in section 32(1)(i) by deleting “monthly control statement,” in both places where it occurs,

(j) in paragraph (xia) of the First Schedule by substituting “designated persons in accordance with the European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000)” for “persons licensed in accordance with section 73 or subsection (1) of section 111 of the Postal and Telecommunications Services Act, 1983”, and

(k) in paragraph (i)(d) of the Sixth Schedule by substituting “(within the meaning of the Mineral Oil Tax Regulations 2001 (S.I. No. 442 of 2001))” for “(within the meaning of the Hydrocarbon (Heavy) Oil Regulations, 1989 (S.I. No. 121 of 1989))”.

4. Chapter 1 of Part 2 of the Finance Act 2003 is amended—

(a) in section 73(1) by substituting the following for the definition of “medicinal product”

“ ‘ medicinal product ’ means a veterinary medicinal product as defined in Article 1 of Directive 2001/82/EC of 6 November 2001, or a medicinal product as defined in Article 1 of Directive 2001/83/EC of 6 November 2001, or in any Directive amending or replacing those Directives;”,

and

(b) in section 75 by substituting the following for subsection (2) (as substituted by the Finance Act 2004)

“(2) In the case of spirits produced in the State by a process of distillation, where the quantity of spirits produced is less than the quantity capable of being produced from the wort or wash used in such process, the Commissioners may require that, instead of a charge on the quantity of spirits produced, alcohol products tax be charged on the quantity capable of being produced from such wort or wash on the assumption that from every hectolitre of wort or wash one litre of alcohol is produced for every 8.8 degrees of attenuation, that is to say, for every 8.8 degrees of difference between the highest gravity of the wort and the lowest gravity of the wash before distillation.”.

5. The Finance Act 2007 is amended in section 96(b) by substituting “with effect from 1 May 2007” for “with effect from 1 July 2007”.

6. The Taxes (Offset of Repayments) Regulations 2002 (S.I. No. 471 of 2002) is amended in accordance with the following provisions

(a) in Regulation 3(a)(ix) by substituting “Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003)” for “Capital Acquisitions Tax Act 1976 (No. 8 of 1976)”, and

(b) in Regulation 4(a)(ix) by substituting “Capital Acquisitions Tax Consolidation Act 2003” for “Capital Acquisitions Tax Act 1976”.

7. (a) As respects paragraph 1 —

(i) subparagraphs (a), (h) and (p) have effect as on and from 31 January 2008,

(ii) subparagraphs (b) to (f), (i) to (o) and (q) to (v) have effect as on and from the passing of this Act, and

(iii) subparagraph (g) is deemed to have come into force and have taken effect as respects the year of assessment 2007 and subsequent years of assessment.

(b) Paragraph 2 shall apply as respects instruments executed on or after 1 October 2007.

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

(d) Paragraph 4 has effect as on and from the passing of this Act.

(e) Paragraph 5 is deemed to have come into force and have taken effect as on and from 2 April 2007.

(f) Paragraph 6 has effect as on and from the passing of this Act.

Finance Act 2008

Table of Provisions (8)

Statutory Text (8 Articles)

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