Finance Act , 1995

and such set-off shall accordingly discharge a corresponding amount of that liability.

(7) Where and to the extent that a payment on account of tax has not been set off in accordance with the provisions of subsection (6), the balance remaining shall be set off against any future liability to tax of the person who is treated as having made the payment which that person nominates for that purpose.

(8) Where a person has power to sell any heritage item in order to raise money for the payment of gift tax or inheritance tax, such person shall have power to make a relevant gift of that heritage item in or towards satisfaction of that tax and, except as regards the nature of the consideration and its receipt and application, any such relevant gift shall be subject to the same provisions and shall be treated for all purposes as a sale made in exercise of that power and any conveyances or transfers made or purporting to be made to give effect to such a relevant gift shall have effect accordingly.

(9) A person shall not be entitled to any refund of tax in respect of any payment on account of tax made in accordance with the provisions of this section.

(10) Interest shall not be payable in respect of any overpayment of tax for any period which arises directly or indirectly due to the set-off against any liability for that period of a payment on account of tax made in accordance with the provisions of this section.

(11) Where a person makes a relevant gift and in respect of that gift is treated as having made a payment on account of tax the person concerned shall not be allowed relief under any other provision of the Acts in respect of that gift.

(12) (a) The Revenue Commissioners shall, as respects each year (being the calendar year 1995 and subsequent calendar years), compile a list of the names (if any), descriptions and values of the heritage items (if any) in respect of which relief under this section has been given.

(b) Notwithstanding any obligation as to secrecy imposed on them by the Acts or the Official Secrets Act, 1963, the Revenue Commissioners shall include in their annual report to the Minister for Finance, commencing with the report for the year 1995, the list (if any) referred to in paragraph (a) for the year in respect of which the report is made.

177 Tax clearance certificates in relation to public sector contracts.

177.—(1) In this section—

“the Acts” means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts,

(c) the Value-Added Tax Act, 1972, and the enactments amending or extending that Act,

and any instruments made thereunder;

“the scheme” means a scheme of the Department of Finance for the time being in force for requiring persons to show, by means of tax clearance certificates, compliance with the obligations imposed by the Acts in relation to the matters specified in subsection (2) before the award to them of contracts that are specified in a circular of the Department of Finance entitled ‘Tax Clearance Procedures— Public Sector Contracts’, numbered F 49/29/84 and issued on the 30th day of July, 1991, or any such circular amending or replacing that circular;

“tax clearance certificate” shall be construed in accordance with subsection (2).

(2) Subject to the provisions of this section, where a person who is in compliance with the obligations imposed on the person by the Acts in relation to—

(a) the payment or remittance of any taxes, interest or penalties required to be paid or remitted under the Acts to the Revenue Commissioners, and

(b) the delivery of any returns required to be made under the Acts,

applies to the Collector-General in that behalf for the purposes of the scheme, the Collector-General shall issue to the person a certificate (in this section referred to as “a tax clearance certificate”) stating that the person is in compliance with the obligations aforesaid.

(3) A tax clearance certificate shall not be issued to a person unless—

(a) the person, and any partnership of which the person is or was a member, in respect of the period of the person's membership thereof,

(b) in a case where the person is a partnership, each person who is a member of the partnership, and

(c) in a case where the person is a company, each person who is either the beneficial owner of, or able directly or indirectly, to control, more than 50 per cent. of the ordinary share capital of the company,

is in compliance with the obligations imposed on the person and each other person (including any partnership) by the Acts in relation to the matters specified in paragraphs (a) and (b) of subsection (2).

(4) Where a person (hereafter in this subsection referred to as “the first-mentioned person”) applies for a tax clearance certificate in accordance with subsection (2) and the business activity to which the application relates was previously carried on by, or was previously carried on as part of a business activity carried on by, another person (hereafter in this subsection referred to as “the second-mentioned person”) and—

(a) the second-mentioned person is a company which is connected within the meaning of section 16 (3) of the Finance (Miscellaneous Provisions) Act, 1968, with the first-mentioned person or would have been such a company but for the fact that the company has been wound up or dissolved without being wound up, or

(b) the second-mentioned person is a company and the first-mentioned person is a partnership and—

(i) a member of the partnership is or was able, or

(ii) where more than one such member is a shareholder of the company, those members acting together are or were able,

directly or indirectly, either on his, her or their own, or with a connected person or connected persons within the meaning of the said section 16 (3), to control more than 50 per cent. of the ordinary share capital of the company, or

(c) the second-mentioned person is a partnership and the first-mentioned person is a company and—

(i) a member of the partnership is or was able, or

(ii) where more than one such member is a shareholder of the company, those members acting together are or were able,

directly or indirectly, either on his, her or their own, or with a connected person or connected persons within the meaning of the said section 16 (3), to control more than 50 per cent, of the ordinary share capital of the company,

then, a tax clearance certificate shall not be issued to the first-mentioned person unless, in relation to the business activity to which the application relates, the second-mentioned person is in compliance with the obligations imposed on that person by the Acts in relation to the matters specified in paragraphs (a) and (b) and subsection (2):

Provided that this subsection shall not apply to a business the transfer of which was effected before the 9th day of May, 1995, or a business the transfer of which is or was effected after that date if a contract for the transfer was made before that date.

(5) Subsections (4), (5) and (6) of section 242 of the Finance Act, 1992, shall, with any necessary modifications, apply to an application for a tax clearance certificate under this section as they apply to an application for a tax clearance certificate under that section.

(6) A tax clearance certificate shall be valid for the period specified therein.

(7) This section shall come into operation on the 1st day of July, 1995.

178 Care and management of taxes and duties.

178.—All taxes and duties (except the excise duties on mechanically propelled vehicles imposed by section 117) imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.

179 Short title, construction and commencement.

179.—(1) This Act may be cited as the Finance Act, 1995.

(2) Part I (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts.

(3) Part II (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(4) Part III shall be construed together with the Value-Added Tax Acts, 1972 to 1994, and may be cited together therewith as the Value-Added Tax Acts, 1972 to 1995.

(5) Part IV shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(6) Part V shall be construed together with Part VI of the Finance Act, 1983, and the enactments amending or extending that Part.

(7) Part VI (so far as relating to capital acquisitions tax) shall be construed together with the Capital Acquisitions Tax Act, 1976, and the enactments amending or extending that Act.

(8) Part VII (so far as relating to income tax) shall be construed together with the Income Tax Acts and (so far as relating to corporation tax) shall be construed together with the Corporation Tax Acts and (so far as relating to capital gains tax) shall be construed together with the Capital Gains Tax Acts and (so far as relating to value-added tax) shall be construed together with the Value-Added Tax Acts, 1972 to 1995, and (so far as relating to stamp duties) shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act and (so far as relating to gift tax or inheritance tax) shall be construed together with the Capital Acquisitions Tax Act, 1976, and (so far as relating to residential property tax) shall be construed together with Part VI of the Finance Act, 1983, and (so far as relating to customs) shall be construed together with the Customs Acts and (so far as relating to duties of excise) shall be construed together with the statutes which relate to the duties of excise and to the management of those duties.

(9) Part I shall, save as is otherwise expressly provided therein, be deemed to have come into force and shall take effect as on and from the 6th day of April, 1995.

(10) In relation to Part III:

(a) section 119, paragraph (b) of section 120, section 121, paragraph (a) of section 125, sections 126 and 127, paragraph (a) of section 128, sections 129 and 130, paragraphs (b), (c), (d), (e), (f) and (g) of section 140 and section 141 shall take effect as on and from the 1st day of July, 1995;

(b) section 124, paragraph (a) of section 137, paragraph (b) of section 139 and paragraph (a) of section 140 shall take effect as on and from the 1st day of January, 1996;

(c) the provisions of this Part, other than those specified in paragraphs (a) and (b), shall have effect as on and from the date of passing of this Act.

(11) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment including this Act.

(12) In this Act, a reference to a Part, section or Schedule is to a Part or section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(13) In this Act, a reference to a subsection, paragraph, subparagraph, clause or subclause is to the subsection, paragraph, subparagraph, clause or subclause of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended.

FIRST SCHEDULE Amendments Consequential on Changes in Personal Reliefs

The Income Tax Act, 1967, is hereby amended in accordance with the following provisions:

(a) in section 138—

(i) in paragraph (a), by the substitution of “£5,000” for “£4,700” (inserted by the Finance Act, 1994),

(ii) in paragraph (b) (as amended by the Finance Act, 1988), by the substitution of “£3,000” and “£5,000”, respectively, for “£2,850” and “£4,700” (inserted by the Finance Act, 1994), and

(iii) in paragraph (c), by the substitution of “£2,500” for “£2,350” (inserted by the Finance Act, 1994),

and

(b) in section 138A (2) (inserted by the Finance Act, 1985), by the substitution of “£2,000” and “£2,500”, respectively, for “£1,850” and “£2,350” (inserted by the Finance Act, 1994).

SECOND SCHEDULE Amendments Consequential on Changes in Amounts of Tax Credits in Respect of Distributions

(a) sections 45 (5), 64 (2), 66 (A) (1), 82 (2), 82 (7), 88 (2) and 178 of the Corporation Tax Act, 1976, and

(b) in section 79 (6) of the Corporation Tax Act, 1976, the definition of “A” in paragraph (b).

(2) Section 28 (7) of the Finance Act, 1978, section 28 (3) of the Finance Act, 1983, paragraph 4 of Part I of the Second Schedule to the Finance Act, 1988, and paragraph 2 of the First Schedule to the Finance Act, 1990, shall each not apply to a distribution to which this paragraph applies.

(3) The reference to certain tax credits in the definition of “B” in subsection (2) of section 64 of the Corporation Tax Act, 1976, shall, in relation to distributions which were received by a company which makes a distribution to which this paragraph applies, be construed—

(a) as a reference to such tax credits multiplied by .5547 in so far as they are tax credits in respect of distributions which were made before the 6th day of April, 1978, or which were made after the 5th day of April, 1983, and before the 6th day of April, 1988,

(b) as a reference to such tax credits multiplied by .6970 in so far as they are tax credits in respect of distributions made after the 5th day of April, 1978, and before the 6th day of April, 1983,

(c) as a reference to such tax credits multiplied by .6347 in so far as they are tax credits in respect of distributions made after the 5th day of April, 1988, and before the 6th day of April, 1989,

(d) as a reference to such tax credits multiplied by .7681 in so far as they are tax credits in respect of distributions made after the 5th day of April, 1989, and before the 6th day of April, 1991, and

(e) as a reference to such tax credits multiplied by .8961 in so far as they are tax credits in respect of distributions made after the 5th day of April, 1991, and before the 6th day of April, 1995.

THIRD SCHEDULE Income Tax and Corporation Tax: Reliefs for Renewal and Improvement of Certain Resort Areas

PART I Description of Qualifying Resort Areas of Clare Kilkee

Lahinch

PART II Description of Qualifying Resort Areas of Cork Clonakilty

Youghal

PART III Description of Qualifying Resort Areas of Donegal Bundoran

PART IV Description of Qualifying Resort Areas of Galway Salthill

PART V Description of Qualifying Resort Areas of Kerry Ballybunion

PART VI Description of Qualifying Resort Areas of Louth Clogherhead

That part of the District Electoral Division of Clogher comprised in the Townland of Clogher and that part of the Townland of Callystown bounded on the west by the Termonfeckin/Annagassan Local Road (County Road 281) and on the north by the Dunleer/Clogherhead Regional Road (R166).

PART VII Description of Qualifying Resort Areas of Mayo Achill

Westport

PART VIII Description of Qualifying Resort Areas of Meath Bettystown, Laytown and Mosney

PART IX Description of Qualifying Resort Areas of Sligo Enniscrone

PART X Description of Qualifying Resort Areas of Waterford Tramore

PART XI Description of Qualifying Resort Areas of Wexford Courtown

PART XII Description of Qualifying Resort Areas of Wicklow Arklow

FOURTH SCHEDULE Change in Rate of Corporation Tax: Consequential Provisions

PART I Application of sections 6 (3), 13 (1B), 182 and 194 of Corporation Tax Act, 1976

(a) the period beginning on the 1st day of January, 1994, and ending on the 31st day of March, 1995, and

(b) the period beginning on the 1st day of April, 1995, and ending on the 31st day of December, 1996,

were each a financial year.

(2) Where, under subparagraph (1) a part of an accounting period is treated as a separate accounting period, the corporation tax charged for the part which is so treated shall, in so far as it is affected by the rate of corporation tax which is taken to have been charged, be taken, for the purposes of the said section 184, to be the corporation tax which would have been charged if that part were a separate accounting period.

(3) Sections 182 (3) and 184 (3) of the said Act shall have effect for any accounting period beginning on or after the 1st day of April, 1995, as if the standard rate were 23 per cent, for the year 1995-96 and each subsequent year of assessment.

PART II Amendment of Chapter VI (Corporation Tax: Relief in relation to Certain Income of Manufacturing Companies) of Part I of Finance Act, 1980

(1) As respects any accounting period which begins before the 1st day of April, 1995, and ends on or after that day, section 41 (2) (as amended by the Finance Act, 1990) of the Finance Act, 1980, referred to subsequently in this Part as “section 41 (2)”, shall have effect as if for the words from “shall be reduced by three-quarters” to the end of the subsection there were substituted the following:

“shall be reduced—

(a) by three-quarters, in so far as it is corporation tax charged on profits which, under section 6 (3) of the Corporation Tax Act, 1976, are apportioned to the period beginning on the 1st day of January, 1994, and ending on the 31st day of March, 1995, and

(b) by twenty-eight-thirty-eighths, in so far as it is corporation tax charged on profits which, under the said section 6 (3), are apportioned to the period beginning on the 1st day of April, 1995, and ending on the 31st day of December, 1996,

and the corporation tax referable to the income from the sale of those goods—

(i) shall, for the purposes of paragraph (a), be such an amount as bears to the part of the relevant corporation tax charged on profits which, under the said section 6 (3), are apportioned to the period beginning on the 1st day of January, 1994, and ending on the 31st day of March, 1995, the same proportion as the income from the sale of those goods bears to the total income brought into charge to corporation tax for the relevant accounting period, and

(ii) shall, for the purposes of paragraph (b), be such an amount as bears to the part of the relevant corporation tax charged on profits which, under the said section 6 (3), are apportioned to the period beginning on the 1st day of April, 1995, and ending on the 31st day of December, 1996, the same proportion as the income from the sale of those goods bears to the total income brought into charge to corporation tax for the relevant accounting period.”.

(2) Section 41 (2) is hereby amended as respects any accounting period beginning on or after the 1st day of April, 1995, by the substitution of “twenty-eight-thirty-eighths” for “three-quarters”.

(a) in paragraph (i) of section 47 (2), by the substitution of “”for “”,

(b) in paragraph (ii) of the said section 47 (2), by the substitution of “” for “”, and

(c) in paragraph (ii) of the said section 48 (2), by the substitution of “” for “”.

(2) Where by virtue of paragraph 2 (1) of Part I a part of an accounting period is treated as a separate accounting period for the purposes of sections 182 and 184 of the Corporation Tax Act, 1976, that part shall also be treated as a separate accounting period for the purposes of this paragraph and for the purposes of sections 47 (2) and 48 (2) of the Finance Act, 1980, and the corporation tax charged for a part of an accounting period which is so treated shall, in so far as it is affected by the rate of corporation tax which is taken to have been charged, be taken for the purposes of the said sections 47 (2) and 48 (2), to be the corporation tax which would have been charged if that part were a separate accounting period.

FIFTH SCHEDULE Excise Duties — Miscellaneous Amendments

Session and Chapter or Year and Number	Short Title	Amendment
(1)	(2)	(3)
7 & 8 Geo. 4, c. 53.	Excise Management Act, 1827.	In section 111, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
1 & 2 Will. 4, c. 55.	Illicit Distillation (Ireland) Act, 1831.	In section 13, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 14, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 15, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 16, “is or are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 25, “is or are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 26, “is or are liable to forfeiture” shall be substituted for “shall be forfeited”.
4 & 5 Vict., c. 20.	Excise Management Act, 1841.	In section 5, “are liable to forfeiture” shall be substituted for “shall be forfeited”.
17 & 18 Vict., c. 89.	Spirits (Ireland) Act, 1854.	In section 2, “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 4, “is or are liable to forfeiture” shall be substituted for “shall be forfeited”.
43 & 44 Vict., c. 24.	Spirits Act, 1880.	In section 5 (2), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 7 (2), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 14 (2) (a), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 19 (6), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 41 (2), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 43 (10), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 44 (2), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 65 (4), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 84, “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 91 (4), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 93 (2), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 94 (3), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 98 (2), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 99 (2), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 102 (4), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 103 (2), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 105 (8), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 109 (1), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 126, “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 128 (1), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 129, “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 130 (1), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 144 (3), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 145 (3), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 146 (1), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 154 (2), “are also liable to forfeiture” shall be substituted for “shall also be forfeited”.
48 & 49 Vict., c. 51.	Customs and Inland Revenue Act, 1885.	In section 7 (6), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 8 (1), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 8 (2), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
51 & 52 Vict., c. 8.	Customs and Inland Revenue Act, 1888.	In section 5 (2), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
53 & 54 Vict., c. 21.	Inland Revenue Regulation Act, 1890.	In section 29 (1), “liable to forfeiture” shall be substituted for “forfeited”.
		In section 31, “liable to forfeiture” shall be substituted for “forfeited”.
1 Edw. 7, c. 7.	Finance Act, 1901.	In section 8, “is or are liable to forfeiture” shall be substituted for “shall be forfeited”.
6 Edw. 7, c. 20.	Revenue Act, 1906.	In section 2 (2), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 2 (3), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 3 (3), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
1 & 2 Geo. 5, c. 48.	Finance Act, 1911.	In section 10, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
11 & 12 Geo. 5, c. 32.	Finance Act, 1921.	In section 14 (3), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 18, “are liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 43 of 1931.	Finance (Customs Duties) (No. 4) Act, 1931.	In section 1 (6) (c), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 20 of 1932.	Finance Act, 1932.	In section 45, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 31 of 1934.	Finance Act, 1934.	In section 27, “is liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 7 of 1935.	Finance (Miscellaneous Provisions) Act, 1935.	In section 1 (6), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 14 of 1940.	Finance Act, 1940.	In section 10 (5), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
		In section 10 (7), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 12 of 1947.	Immature Spirits Restriction Act, 1947.	In section 2 (6), “are liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 17 of 1966.	Finance Act, 1966.	In section 15 (3), “is liable to forfeiture” shall be substituted for “shall be forfeited”.
No. 16 of 1976	Finance Act, 1976.	In section 42 (9), “is liable to forfeiture” shall be substituted for “shall be forfeited” in each place where it occurs.
No. 10 of 1987.	Finance Act, 1987.	In section 53, “liable to forfeiture” shall be substituted for “forfeited”.
No. 9 of 1992.	Finance Act, 1992.	In section 142 (4), “section 82 (1) of the Finance Act, 1995” shall be substituted for “subsection (3)”.

SIXTH SCHEDULE Excise Duties — Repeal of Certain Provisions

Session and Chapter or Year and Number	Short Title	Extent of Repeal
(1)	(2)	(3)
7 & 8 Geo. 4, c. 53.	Excise Management Act, 1827.	Section 34.
No. 9 of 1992.	Finance Act, 1992.	Sections 115 and 116.
		Subsections (1), (2), (3) and (4) of section 142.

SEVENTH SCHEDULE Rates of Excise Duty on Tobacco Products

Description of Product	Rate of Duty
Cigarettes	£57.21 per thousand together with an amount equal to 16.82 per cent. of the price at which the cigarettes are sold by retail
Cigars	£87.079 per kilogram
Fine-cut tobacco for the rolling of cigarettes	£73.481 per kilogram
Other smoking tobacco	£60.412 per kilogram