Finance Act 2011

SCHEDULE 1 Amendments Consequential on Changes in Personal Tax Credits

SCHEDULE 1

Amendments Consequential on Changes in Personal Tax Credits

Section 6.

1. As respects the year of assessment 2011 and subsequent years of assessment, the Taxes Consolidation Act 1997 is amended as follows

(a) in section 461—

(i) in paragraph (a) by substituting “€3,300” for “€3,660”,

(ii) in paragraph (b) by substituting “€3,300” for “€3,660”, and

(iii) in paragraph (c) by substituting “€1,650” for “€1,830”;

(b) in section 461A by substituting “€540” for “€600”;

(c) in section 462(2) by substituting “€1,650” for “€1,830”;

(d) in section 463(2)(i) by substituting—

(i) “€3,600” for “€4,000”,

(ii) “€3,150” for “€3,500”,

(iii) “€2,700” for “€3,000”,

(iv) “€2,250” for “€2,500”, and

(v) “€1,800” for “€2,000”;

(e) in section 464 by substituting “€490” and “€245” for “€650” and “€325” respectively;

(f) in section 465(1) by substituting “€3,300” for “€3,660”;

(g) in section 466(2) by substituting “€70” for “€80”;

(h) in section 466A(2) by substituting “€810” for “€900”;

(i) in section 468(2) by substituting “€1,650” and “€3,300” for “€1,830” and “€3,660” respectively;

(j) in section 472(4) by substituting “€1,650” for “€1,830” in each place.

2. Paragraph 1 has effect as on and from 1 January 2011.

SCHEDULE 2 Post-consolidation Amendments (Part 3)

SCHEDULE 2

Post-consolidation Amendments (Part 3)

Section 61.

1. In this Schedule “Principal Act” means the Value-Added Tax Consolidation Act 2010.

2. Section 2(1) of the Principal Act is amended, in the definition of “stock-in-trade”—

(a) by substituting “in relation to a person, means goods that are” for “in relation to a person, means goods”, and

(b) in paragraph (a), by substituting “movable goods of a kind” for “that are movable goods of a kind”.

3. Section 8 of the Principal Act is amended—

(a) by substituting the following for subsection (1)

“(1) (a) Provision may be made by regulations for the cancellation, at the request of a person, of an election made by the person under this Part and for the payment by him or her to the Revenue Commissioners, as a condition of such cancellation, of such a sum as is calculated in accordance with paragraph (b).

(b) The sum referred to in paragraph (a) is calculated by the formula—

(A + B) — C

where—

A is the amount of tax repaid to the person referred to in paragraph (a) for the period for which the election has effect in respect of tax borne or paid in relation to the supply of goods or services, other than services of the kind referred to in paragraph 11 of Schedule 3,

B is the tax deductible in accordance with Chapter 1 of Part 8 in respect of intra-Community acquisitions made by that person during that period, and

C is the net total amount of tax (if any) paid by such person in accordance with Chapter 3 of Part 9 in relation to the supply of goods or services (other than services of the kind referred to in paragraph 11 of Schedule 3) by that person in that same period.”,

and

(b) in subsection (2)(b)(ii), by substituting “D” and “E” for “A” and “B”, respectively, in both places where they occur in the formula in that subsection.

4. Section 15(2)(c) of the Principal Act is amended by inserting “or 83” after “section 82”.

5. Section 19(1)(a) of the Principal Act is amended by substituting “paragraph 6(1)(e) of Schedule 1” for “subparagraph (i)(e) of the First Schedule”.

6. Section 22(2) of the Principal Act is amended by deleting “and section 20(3)”.

7. Section 24(3)(c) of the Principal Act is amended by deleting “in accordance with section 86(1)”.

8. Section 34(n) of the Principal Act is amended by substituting “where the underlying transaction is supplied” for “where the transaction underlying the supply is made”.

9. Section 49(2) of the Principal Act is amended by substituting “paragraph 3(4) of Schedule 2” for “paragraph (xvi) of the Second Schedule”.

10. Section 56(1) of the Principal Act is amended, in paragraph (b) of the definition of “qualifying person”, by inserting “a Member State other than” before “the State”.

11. Section 63(1) of the Principal Act is amended by substituting the following for paragraph (b) of the definition of “capital goods owner”—

“(b) a taxable person, being a flat-rate farmer who incurs expenditure to develop or acquire a capital good, not being expenditure on—

(i) a building or structure designed and used solely for the purposes of a farming business, or

(ii) fencing, drainage or reclamation of land,

which has actually been put to use in such a business carried on by him or her;”.

12. Section 74(2) of the Principal Act is amended by deleting “or the relevant part thereof,”.

13. Section 88(5) of the Principal Act is amended by substituting “paragraph (a) or (c) of section 3” for “section 2(1)(a)”.

14. Section 101(14) of the Principal Act is amended—

(a) by inserting “an applicant who supplies” after “This section does not apply to”, and

(b) in paragraph (a), by deleting “an applicant who supplies”.

15. Section 116(12) of the Principal Act is amended by substituting “paragraphs (a)(ii) and (b)(ii) of subsection (7)” for “paragraph (b)(ii) of subsection (7)”.

16. Section 119(4) of the Principal Act is amended by substituting “section 51, 81, 109 or 111” for “section 51, 109 or 111”.

17. Section 120(17) of the Principal Act is amended—

(a) in paragraph (b), by substituting “and (c), or” for “and (c),” and

(b) by deleting paragraph (c).

18. Schedule 1 to the Principal Act is amended in paragraph 6—

(a) in subparagraph (1)(d), by substituting “collectors’ pieces” for “collectors’ objects”, and

(b) in subparagraph (4), by substituting “supplied” for “carried out”.

19. Schedule 3 to the Principal Act is amended in paragraph 21(3) by substituting “of a kind supplied” for “supplied”.

SCHEDULE 3 Miscellaneous Technical Amendments in Relation to Tax

SCHEDULE 3

Miscellaneous Technical Amendments in Relation to Tax

Section 81.

1. The Taxes Consolidation Act 1997 is amended—

(a) in section 76(7) by inserting “subsections (1), (2), (3), (4A), (5) and (6) of” after “anything in”,

(b) in section 192(1) by substituting “Conterganstiftung fur behinderte Menschen” for “Hilfswerk fr behinderte Kinder”,

(c) in section 433(5) by substituting “subsection (4)(c)(ii)” for “subsection (4)(d)”,

(d) in Part 1 of the Table to section 458 by deleting “Section 848A(7)”,

(e) in section 481(1), in the definition of “the Minister”, by substituting “Tourism, Culture and Sport” for “Arts, Sport and Tourism”,

(f) in section 486B(1), in the definition of “the Minister”, by substituting “Communications, Energy and Natural Resources” for “Public Enterprise”,

(g) in section 531(10)(i) by substituting “a” for “an”, and

(h) in section 766A(4B)(b)(ii)(II) by substituting “subparagraph (i)” for “sub-subparagraph (i)”.

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

(a) in section 46(2) by substituting “section 45(1), shall” for “section 45(1),”, and

(b) in section 111(2)—

(i) in paragraph (d) by deleting “, notwithstanding the priority referred to in section 60(1),”, and

(ii) in paragraph (f) by substituting “section 45(3)” for “section 45(7) or (8) or section 60(1)”.

3. The Value-Added Tax Consolidation Act 2010 is amended—

(a) in section 4(1) in the definition of—

(i) “Annex VII activity” by substituting “Annex VII of the VAT Directive (the text of which Annex is contained in Part 1 of Schedule 4) and Article 295(2)” for “Article 295(1) and Annex VII of the VAT Directive (the text of which Annex is contained in Part 1 of Schedule 4)”, and

(ii) “Annex VIII service” by deleting “Article 295(1) and”,

(b) in section 59(2)(d) by inserting “by means of invoices or other documents prepared in the manner prescribed by regulations or by relevant customs documents,” after “to the accountable person”,

(c) in section 87(1) in the definition of “margin scheme goods” by inserting the following after paragraph (a)

“(aa) by an accountable person who was entitled to deduct tax in accordance with section 59(2)(d) in respect of a second-hand good, being a qualifying vehicle, as defined in section 59(1),”,

(d) in section 87(1) in the definition of “second-hand goods” by substituting “(purchased or acquired on or after 1 January 2010)” for “, purchased or acquired on or after 1 January 2010”, and

(e) in Schedule 4—

(i) in Part 1 by substituting “Annex VII and Article 295(2)” for “Article 295(1) and Annex VII”, and

(ii) in Part 2 by deleting “Article 295(1) and”.

4. Chapter 1 of Part 2 of the Finance Act 1999 is amended in section 100(1)(n)—

(a) by substituting “including a craft” for “including a a craft”, and

(b) by substituting “in such vehicle;” for “in such vehicle.”.

5. Part 2 of the Finance Act 2001 is amended—

(a) in section 105(1)(c) by substituting “on such products.” for “on such products,”,

(b) in section 109H(2) by substituting “Article 5” for “Article 4”,

(c) in section 136(3)(d) by substituting “custody or procurement, and” for “custody or procurement.”,

(d) in section 145(3)(e) by substituting “Finance Act 1992,” for “Finance Act, 1992, or”,

(e) in section 145(3)(f) by substituting “section 136, or” for “section 136,”, and

(f) in section 147 by substituting “such appeal shall” for “such appeal, shall”.

6. Chapter 1 of Part 2 of the Finance Act 2003 is amended in section 75(3) by substituting “section 98A(4)” for “section 106”.

7. Chapter 3 of Part 2 of the Finance Act 2005 is amended in section 77(1)(f) by substituting “Article 38 of Council Directive No. 2008/118/EC of 16 December 2008 1 1 OJ No. L9 of 14.1.2009, p.12 ” for “Article 20 of Council Directive No. 92/12/EEC of 25 February 1992”.

1 OJ No. L9 of 14.1.2009, p.12

8. Chapter 1 of Part 2 of the Finance Act 2008 is amended in section 57(1), in the definition of “CN Code”, by substituting “Commission Regulation (EC) No. 2031/2001” for “Council Regulation (EEC) No. 2031/2001”.

9. The European Union (Provision of Services) Regulations 2010 (S.I. No. 533 of 2010) is amended in Regulation 22(1)(d) by substituting “section 65 of the Value-Added Tax Consolidation Act 2010 (No. 31 of 2010)” for “section 9 of the Value-Added Tax Act 1972 (No. 22 of 1972)”.

10. (a) As respects paragraph 1—

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

(ii) subparagraph (d) is deemed to have come into force and have taken effect as on and from 6 April 2001.

(b) As respects paragraph 2—

(i) subparagraph (a) applies to valuation dates arising on or after 14 June 2010, and

(ii) subparagraph (b) applies as on and from 3 April 2010.

(c) Paragraphs 3 to 9 have effect as on and from the passing of this Act.