Finance Act 2002

then, notwithstanding that subsection, that building or structure shall not be regarded as an industrial building or structure for the purposes of this Part, irrespective of whether that relevant interest is held by the person referred to in paragraph (a), (b), (c) or (d), as the case may be, in a sole capacity or jointly or in partnership with another person or persons.”,

(iii) by inserting the following after subsection (2A) (inserted by the Finance Act, 2001):

“(2B) In this section ‘qualifying sports injuries clinic’ means a medical clinic—

(a) which does not (other than by virtue of paragraph (e)) provide health care services to a person pursuant to his or her entitlements under Chapter II of Part IV of the Health Act, 1970,

(b) in which the sole or main business carried on is the provision, by or under the control of medical or surgical specialists, of health care consisting of the diagnosis, alleviation and treatment of physical injuries sustained by persons in participating, or in training for participation, in athletic games or sports,

(c) which has the capacity to provide day-patient, in-patient and out-patient medical and surgical services and in-patient accommodation of not less than 20 beds,

(d) which contains an operating theatre or theatres and related on-site diagnostic and therapeutic facilities,

(e) which undertakes to the health board in whose functional area it is situated—

(i) to make available annually, for the treatment of persons who have been awaiting day-patient, in-patient or out-patient hospital services as public patients, not less than 20 per cent of its capacity, subject to service requirements to be specified by the health board in advance and to the condition that nothing in this subparagraph shall require the health board to take up all or any part of the capacity made available to the health board by the medical clinic, and

(ii) in relation to the fees to be charged in respect of the treatment afforded to any such person, that such fees shall not be more than 90 per cent of the fees which would be charged in respect of similar treatment afforded to a person who has private medical insurance,

and

(f) in respect of which that health board, in consultation with the Minister for Health and Children and with the consent of the Minister for Finance, gives, during the period of 7 years referred to in section 272(4)(h), an annual certificate in writing stating that it is satisfied that the medical clinic complies with the conditions mentioned in paragraph (a) to (e),

and—

(I) includes any part of the clinic which consists of rooms used exclusively for the assessment or treatment of patients, but

(II) does not include any part of the clinic which consists of consultants' rooms or offices.”,

and

(iv) in subsection (9)—

(I) by deleting “and” where it last occurs in paragraph (f) and by substituting “2001, and” for “2001.” in paragraph (g), and

(II) by inserting the following after paragraph (g):

“(h) by reference to paragraph (k), as respects capital expenditure incurred on or after the date of the coming into operation of section 34 of the Finance Act, 2002.”,

and

(b) by substituting “paragraph (j) or (k) of section 268(1)” for “section 268(1)(j)” in subsections (3)(h) and (4)(h) of section 272 and in section 274(1)(b)(vii).

(2) This section comes into operation on such day as the Minister for Finance may by order appoint.

35 Amendment of section 843 (capital allowances for buildings used for third level educational purposes) of Principal Act.

35.—Section 843(7) of the Principal Act is amended by substituting “31 December 2004” for “the 31st day of December, 2002”.

36 Amendment of Part 20 (companies' chargeable gains) of Principal Act.

36.—Part 20 of the Principal Act is amended—

(a) in section 615 (2)(b)(ii) (inserted by the Finance Act, 1999) by substituting “relevant Member State” for “Member State of the European Communities” in both places where it occurs,

(b) in section 616—

(i) in subsection (1)(a) by substituting “relevant Member State” for “Member State of the European Communities” in both places where it occurs, and

(ii) by inserting the following after subsection (6):

“(7) For the purposes of this Part—

‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

‘EEA State’ means a state which is a contracting party to the EEA Agreement;

‘relevant Member State’ means—

(a) a Member State of the European Communities, or

(b) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826 have been made;”,

(c) in section 621(1) in the definition of “group of companies” (inserted by the Finance Act, 2001) by substituting “relevant Member State” for “Member State of the European Communities”,

(d) in section 624(5) by substituting “relevant Member State” for “Member State of the European Communities”, and

(e) in section 629(1) in the definition of “group” by substituting “relevant Member State” for “Member State of the European Communities”.

37 Amendment of Chapter 5 (group relief) of Part 12 of Principal Act.

37.—Chapter 5 of Part 12 of the Principal Act is amended—

(a) in section 410—

(i) in subsection (1)(a)—

(I) by inserting the following before the definition of “tax” (inserted by the Finance Act, 1999)—

“‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

‘EEA State’ means a state which is a contracting party to the EEA Agreement;

‘relevant Member State’ means—

(i) a Member State of the European Communities, or

(ii) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826 have been made;”,

(II) in the definition of “tax” (inserted by the Finance Act, 1999) by substituting “relevant Member State” for “Member State of the European Communities”,

(ii) in subsection (1)(b)—

(I) in subparagraph (i) (inserted by the Finance Act, 1999) by substituting “relevant Member State” for “Member State of the European Communities”, and

(II) by substituting the following for subparagraph (ii) (inserted by the Finance Act, 1999):

“(ii) references to a company resident in a relevant Member State shall be construed as references to a company which, by virtue of the law of a relevant Member State, is resident for the purposes of tax in such a relevant Member State.”,

(iii) in subsection (3)(a) by substituting “relevant Member State” for “Member State of the European Communities”, and

(iv) in subsection (4)(a)(i) by substituting “relevant Member State” for “Member State of the European Communities”,

and

(b) in section 411(1)—

(i) in paragraph (a)—

(I) by inserting before the definition of “holding company” the following:

“‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

‘EEA State’ means a state which is a contracting party to the EEA Agreement;”,

(II) by inserting after the definition of “holding company” the following:

“‘relevant Member State’ means—

(i) a Member State of the European Communities, or

(ii) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826 have been made.”,

and

(III) in the definition of “tax” (inserted by the Finance Act, 1999) by substituting “relevant Member State” for “Member State of the European Communities”,

and

(ii) in paragraph (c) by substituting “relevant Member State” for “Member State of the European Communities” in both places where it occurs.

38 Amendment of Schedule 24 (relief from income tax and corporation tax by means of credit in respect of foreign tax) to Principal Act.

38.—Schedule 24 of the Principal Act is amended—

(a) in paragraph 1(1)—

(i) by inserting the following before the definition of “foreign tax” (inserted by the Finance Act, 1998):

“‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

‘EEA State’ means a state which is a contracting party to the EEA Agreement;”,

and

(ii) by inserting the following after the definition of “foreign tax” (as so inserted):

“‘relevant Member State’ means—

(a) a Member State of the European Communities, or

(b) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826 have been made;”,

(b) in paragraph 9A—

(i) in subparagraph (3A)(a)(ii) by substituting “relevant Member State” for “Member State of the European Communities”, and

(ii) in subparagraph (3A)(b) by substituting “relevant Member State” for “Member State of the European Communities”,

(c) in paragraph 9B in subparagraph (1A)—

(i) in clause (a)(i) by substituting “relevant Member State” for “Member State of the European Communities”, and

(ii) in clause (b) by substituting “relevant Member State” for “Member State of the European Communities”, and

(d) in paragraph 9C in subparagraph (1) by substituting “relevant Member State” for “Member State of the European Communities” in both places where it occurs.

39 Application of section 130 (matters to be treated as distributions) of Principal Act.

39.—Section 130 of the Principal Act is amended—

(a) in subsection (3)—

(i) in paragraph (b) by substituting “relevant Member State” for “Member State of the European Communities”,

(ii) in paragraph (c) (inserted by the Finance Act, 1999) by substituting “relevant Member State” for “Member State of the European Communities”, and

(iii) by inserting the following after paragraph (c) (inserted by the Finance Act, 1999)—

“(d) For the purposes of this subsection and subsection (4)—

‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

‘EEA State’ means a state which is a contracting party to the EEA Agreement;

‘relevant Member State’ means—

(i) a Member State of the European Communities, or

(ii) not being such a Member State, an EEA State which is a territory with the government of which arrangements having the force of law by virtue of section 826 have been made.”,

and

(b) in subsection (4)(c) by substituting “relevant Member State” for “Member State of the European Communities”.

40 Life assurance: taxation of personal portfolio life policies.

40.—(1) The Principal Act is amended in Chapter 5 of Part 26—

(a) by inserting the following after section 730B:

“Personal portfolio life policy.

730BA.—(1) In this section— ‘building society’ has the same meaning as in section 256; ‘foreign life policy’ has the same meaning as in section 730H; ‘internal linked fund’, in relation to an assurance company, means a fund maintained by the assurance company to which fund the assurance company appropriates certain linked assets and which fund may be subdivided into subdivisions the value of each of which is determined by the assurance company by reference to the value of such linked assets; ‘investment undertaking’ has the same meaning as in section 739B; ‘land’ includes an interest in land and also includes shares deriving their value or the greater part of their value directly or indirectly from land other than shares quoted on a recognised stock exchange; ‘linked asset’, in relation to an assurance company, means an asset of the assurance company which is identified in the records of the assurance company as an asset by reference to the value of which asset the benefits provided for under a life policy are to be determined; ‘policyholder’ has the same meaning as it has for the purposes of section 730E; ‘prices’ index' means— (a) the all items consumer price index compiled by the Central Statistics Office, (b) any general index of prices corresponding to such consumer price index and duly published by or on behalf of any state other than the State, or (c) any published index of prices of shares listed on a recognised stock exchange; ‘public’ means individuals generally, companies generally, or a combination of these, as the case may be; ‘units’ has the same meaning as in section 739B. (2) In this Chapter and in Chapter 6 of this Part ‘personal portfolio life policy’ means, subject to subsection (4), a life policy or a foreign life policy, as the case may be, under whose terms— (a)(i) some or all of the benefits conferred by the policy are or were determined by reference to the value of, or the income from, property of any description (whether or not specified in the policy), or (ii) some or all of the benefits conferred by the policy are or were determined by reference to fluctuations in, or fluctuations in an index of, the value of property of any description (whether or not specified in the policy), and (b) some or all of the property or the index may be or was selected by or the selection of some or all of the property or index may be or was influenced by— (i) the policyholder, (ii) a person acting on behalf of the policyholder, (iii) a person connected (within the meaning of section 10) with the policyholder, (iv) a person connected (within that meaning) with a person acting on behalf of the policyholder, (v) the policyholder and a person connected (within that meaning) with the policyholder, or (vi) a person acting on behalf of both the policyholder and a person connected (within that meaning) with the policyholder. (3) For the purposes of paragraph (b) of subsection (2) and without prejudice to the application of that provision, the terms of a life policy or a foreign life policy shall be treated as permitting the selection referred to in that paragraph where— (a) the terms of the policy or any other agreement between any person referred to in that paragraph and the assurance company concerned— (i) allow the exercise of an option by any person referred to in that paragraph to make the selection referred to in that paragraph, (ii) give the assurance company discretion to offer any person referred to in that paragraph the right to make the selection referred to in that paragraph, or (iii) allow any of the persons referred to in that paragraph the right to request, subject to the agreement of the assurance company, a change in the terms of the policy such that the selection referred to in that paragraph may be made by any of those persons, or (b) the policyholder is unable under the terms of the policy to select any of the property so as to determine the benefits under the policy, but any of the persons referred to in that paragraph has or had the option of requiring the assurance company to appoint an investment advisor (no matter how such a person is described) in relation to the selection of the property which is to determine the benefits under the policy. (4) A life policy or a foreign life policy is not a personal portfolio life policy if— (a)(i) the only property which may be or has been selected is— (I) property which the assurance company concerned has appropriated to an internal linked fund, (II) property consisting of any of the following— (A) units in an investment undertaking, or (B) cash, including cash deposited in a bank account or similar account (including cash deposited in a share account with a building society) except where the acquisition of the cash was made wholly or partly for the purpose of realising a gain from the disposal of the cash, or (III) property consisting of a combination of the property specified in clauses (I) and (II), and the property satisfies the condition specified in subsection (5), or (ii) the only index which may be or has been selected is of a description specified in subsection (6), and (b) as respects a life policy or a foreign life policy commenced on or after 5 December 2001 (other than a policy in respect of which the only property which may be selected is property described in paragraph (a)(i)(II)(B) or a policy in respect of which marketing or other promotional literature was published before that date) the terms under which the policy is offered meet the requirements of subsection (7). (5) The condition specified in this subsection is that at the time when the property is or was available to be selected the opportunity to select— (a) in the case of land, that property, and (b) in any other case, property of the same description as the first-mentioned property, is or was available to the public on terms which provide or provided that the opportunity to select the property is or was available to any person falling within the terms of the opportunity and that opportunity is or was clearly identified to the public, in marketing or other promotional literature published at that time by the assurance company concerned, as available generally to any person falling within the terms of the opportunity. (6) The description of index specified by this subsection is an index consisting of a prices' index or a combination of prices' indices where at the time the index is or was available to be selected the opportunity to select the same index is or was available to the public on terms which provide or provided that the opportunity to select the index is or was available to any person falling within the terms of the opportunity and that opportunity is or was clearly identified to the public, in marketing or other promotional literature published at that time by the assurance company concerned, as available generally to any person falling within the terms of the opportunity. (7) The requirements of this subsection are that— (a) the assurance company concerned does not subject any person to any treatment in connection with the opportunity which is different or more burdensome than any treatment to which any other person is or may be subject, and (b) where the terms of the opportunity referred to in subsection (5) include terms— (i) which set out the capital requirement of the opportunity and this requirement is identified to the public in the marketing or other promotional material published by the assurance company at the time the property is available to be selected, and (ii) indicating that 50 per cent or more by value of the property referred to in that subsection is or is to be land, the amount any one person may invest in the policy shall not represent more than 1 per cent of the capital requirement (exclusive of any borrowings) of the opportunity as so identified.”,

(b) in section 730F—

(i) by substituting the following for paragraphs (a) and (b) of subsection (1):

“(a) subject to paragraph (b), where the chargeable event falls on or after 1 January 2001, at a rate determined by the formula—

(S + 3) per cent

where S is the standard rate per cent (within the meaning of section 4),

(b) where, in the case of a personal portfolio life policy, the chargeable event falls on or after 26 September 2001, at a rate determined by the formula—

(S + 23) per cent

where S is the standard rate per cent (within the meaning of section 4), and

(c) where the chargeable event falls on or before 31 December 2000, at a rate of 40 per cent.”,

and

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

“(4) Where in the period commencing on 26 September 2001 and ending on 5 December 2001 in connection with a chargeable event in relation to a personal portfolio life policy—

(a) an assurance company which is entitled to deduct an amount equal to the appropriate tax in accordance with subsection (3)(a)(i), or to appropriate and realise sufficient assets to meet the amount of appropriate tax for which the assurance company is liable to account for in accordance with subsection (3)(a)(ii), and

(b) the assurance company fails to deduct an amount equal to the appropriate tax due or fails to appropriate and realise sufficient assets to account for the amount of appropriate tax due,

then, for the purposes of regulating the time and manner in which any appropriate tax, which has not been accounted for or paid, shall be accounted for and paid, section 730FA shall apply to the exclusion of section 730G (apart from subsection (7)) and section 730GA.”,

(c) by inserting the following after section 730F:

“Assessment of appropriate tax where tax not deducted under section 730F.

730FA.—(1) Where section 730F(4)(b) applies then, notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts, this section shall apply for the purposes of regulating the time and manner in which any appropriate tax which remains to be accounted for and paid in connection with a chargeable event, which happened in the period commencing on 26 September 2001 and ending on 5 December 2001, in relation to a personal portfolio life policy shall be assessed, accounted for and paid. (2) An assurance company shall for each personal portfolio life policy in respect of which it has not— (a) deducted an amount equal to the amount of appropriate tax, for which the assurance company is liable to account, in accordance with subsection (3)(a)(i) of section 730F, or (b) appropriated and realised sufficient assets to meet the amount of appropriate tax, for which the assurance company is liable to account, in accordance with subsection (3)(a)(ii) of section 730F, make and deliver to the inspector to whom it is customary for the assurance company to make a return under section 951 a return on or before 31 December 2001 containing in each case— (i) the name, address and, if appropriate, the registered office, of the policyholder, (ii) the amount of the gain arising on the happening of the chargeable event in relation to the policy, including details of all amounts referred to in subsections (3) and (4) of section 730D which are relevant to the determination of the gain arising on the chargeable event in question, (iii) the amount actually deducted in accordance with section 730F(3)(a)(i) or the amount actually realised in accordance with section 730F(3)(a)(ii), (iv) the method of payment of the benefits under the policy, (v) if payment was made to a person other than the policyholder, details of the name and address of that person, and (vi) details of the property which is a linked asset in relation to the personal portfolio life policy. (3) An assurance company which fails to deliver, within the time specified in subsection (2), the return referred to in that subsection or which fails to deliver such a return which is correct may, in addition to any penalty to which it may be liable, be made liable for the payment of any appropriate tax due in respect of a personal portfolio life policy to which that subsection applies which remains unpaid. An inspector may make an assessment on the assurance company to the best of his or her judgement of the appropriate tax so unpaid. (4) Where, in connection with a chargeable event in relation to a personal portfolio life policy, an assurance company— (a) fails to deduct an amount equal to the appropriate tax which should have been deducted in accordance with subsection (3)(a)(i) of section 730F, or (b) fails to appropriate and realise sufficient assets to meet the full amount of appropriate tax for which the assurance company is liable to account for in accordance with subsection (3)(a)(ii) of section 730F, then the policyholder or the person to whom the payment referred to in subsection (2) was made shall be liable for the payment of any appropriate tax due in relation to the personal portfolio life policy which remains unpaid. An inspector may make an assessment on the policyholder or the person concerned to the best of his or her judgement of the appropriate tax so unpaid. (5) Where an inspector makes an assessment under subsection (3) or (4) it shall not be necessary to set out in the notice of assessment any particulars other than particulars as to the amount of appropriate tax to be paid by the assurance company or the policyholder, as appropriate. (6) (a) An inspector may at any time amend or further amend an assessment made on a person under subsection (3) or (4) by making such alterations in or additions to the assessment as he or she considers necessary and the inspector shall give notice to the person of the assessment so amended or so further amended. (b) After the end of a period of 6 years starting from 31 December 2001, no assessment shall be made under subsection (3) or (4) or no assessment made under either of those subsections shall be amended or further amended. (7) For the purposes of making an assessment under subsection (3) or (4) or for the purposes of amending or further amending such an assessment an inspector may make such enquiries or take such action within his or her powers as he or she considers necessary— (a) to satisfy himself or herself as to the accuracy or otherwise of the return referred to in subsection (2), or (b) where no such return is made or an incorrect return is made, for the purposes of ascertaining the information which should have been included in such a return. (8) Appropriate tax specified in an assessment made under subsection (3) or (4) or in an amended assessment made under subsection (6) shall be due and payable within one month after the issue of the notice of assessment or the amended assessment, as appropriate, subject to any appeal against the assessment.”.

(2) The Principal Act is amended in Chapter 6 of Part 26—

(a) by substituting the following for paragraph (a) of section 730J:

“(a) where the person is not a company, and—

(i) income represented by the payment is correctly included in a return made by the person, then, notwithstanding section 15, the rate of income tax to be charged on the income shall be—

(I) where the payment is a relevant payment, the standard rate (within the meaning of section 3) of income tax in force at the time of the payment, and

(II) where the payment is not a relevant payment and is not made in consideration of the disposal, in whole or in part, of the foreign life policy—

(A) in the case of a foreign life policy which is a personal portfolio life policy, at the rate determined by the formula—

(S + 23) per cent

where S is the standard rate per cent for the year of assessment in which the payment is made, and

(B) in any other case, at the rate determined by the formula—

(S + 3) per cent

where S is the standard rate per cent for the year of assessment in which the payment is made,

and

(ii) where the income represented by the payment is not correctly included in a return made by the person, the income shall be charged to income tax—

(I) in the case of a foreign life policy which is a personal portfolio life policy, at the rate determined by the formula—

(H + 20) per cent

where H is a rate per cent determined in relation to the person by section 15 for the year of assessment in which the payment is made, and

(II) in any other case, at a rate determined in relation to the person by section 15 for the year of assessment in which the payment is made”,

and

(b) by substituting the following for the formula in subsection (1) of section 730K:

“(a) in the case of a foreign life policy which is a personal portfolio life policy, at the rate determined by the formula—

(S + 23) per cent

where S is the standard rate per cent for the year of assessment in which the payment is made, and

(b) in any other case, at the rate determined by the formula—

(S + 3) per cent

where S is the standard rate per cent for the year of assessment in which the payment is made,”.

(3) The Principal Act is amended as on and from 5 December 2001 in section 904C(1) by substituting the following for the definition of “return”:

“‘return’ means a return under section 730FA or section 730G;”.

(4) The Principal Act is amended as on and from 5 December 2001 in Schedule 29, column 1, by inserting “section 730FA(2)” before “section 730G(2)”.

(5)(a) Paragraph (a) of subsection (1) shall apply as respects—

(i) the happening of a chargeable event in relation to a life policy (within the meaning of Chapter 5 of Part 26), or

(ii) the receipt by a person of a payment in respect of a foreign life policy (within the meaning of Chapter 6 of that Part) or the disposal in whole or in part of a foreign life policy (within that meaning),

on or after 26 September 2001.

(b) Paragraphs (b) and (c) of subsection (1) shall apply as respects the happening of a chargeable event in relation to a life policy (within the meaning of Chapter 5 of Part 26) on or after 26 September 2001.

(c) Subsection (2) shall apply as respects the receipt by a person of a payment in respect of a foreign life policy (within the meaning of Chapter 6 of Part 26) or the disposal in whole or in part of a foreign life policy (within that meaning) on or after 26 September 2001.

41 Donations to certain sports bodies.

41.—(1) Chapter 36 of the Principal Act is amended by inserting the following section after section 847 (inserted by the Finance Act, 2001):

“847A.—(1) In this section—

‘Acts’ means—

(a) the Tax Acts,

(b) the Capital Gains Tax Acts, and

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

and any instruments made thereunder;

‘appropriate certificate’, in relation to a relevant donation by a donor who is an individual (other than an individual referred to in subsection (9)), means a certificate which is in such form as the Revenue Commissioners may prescribe and which contains—

(a) statements to the effect that—

(i) the donation satisfies the requirements of subsection (5), and

(ii) the donor has paid or will pay to the Revenue Commissioners income tax of an amount equal to income tax at the standard rate or the higher rate or partly at the standard rate and partly at the higher rate, as the case may be, for the relevant year of assessment on the grossed up amount of the donation, but not being—

(I) income tax which the donor is entitled to charge against any other person or to deduct, retain or satisfy out of any payment which the donor is liable to make to any other person, or

(II) appropriate tax within the meaning of Chapter 4 of Part 8,

(b) a statement specifying how much of the grossed up amount referred to in paragraph (a)(ii) has been or will be liable to income tax at the standard rate and the higher rate for the relevant year of assessment, and

(c) the identifying number, known as the Personal Public Service Number (PPSN) of the donor;

‘approved project’ means a project in respect of which the Minister has given a certificate under subsection (4), which certificate has not been revoked under that subsection;

‘approved sports body’ means a body which is in possession of—

(a) a certificate from the Revenue Commissioners stating that in their opinion the body is a body of persons to which section 235 applies, and

(b) a valid tax clearance certificate,

but does not include a body to whom the Revenue Commissioners have given a notice under section 235(1);

‘Minister’ means the Minister for Tourism, Sport and Recreation;

‘project’, in relation to an approved sports body, means one or more of the following:

(a) the purchase, construction or refurbishment of a building or structure, or part of a building or structure, to be used for sporting or recreation activities provided by the approved sports body,

(b) the purchase of land to be used by the approved sports body in the provision of sporting or recreation facilities,

(c) the purchase of permanently based equipment (excluding personal equipment) for use by the approved sports body in the provision of sporting or recreation facilities,

(d) the improvement of the playing pitches, surfaces or facilities of the approved sports body, and

(e) the repayment of, or the payment of interest on, money borrowed by the approved sports body on or after 1 May 2002 for any of the purposes mentioned in paragraphs (a) to (d);

‘relevant accounting period’, in relation to a relevant donation made by a company, means the accounting period in which that donation is made by the company;

‘relevant donation’ means a donation which satisfies the requirements of subsection (5) and takes the form of the payment by a person (in this section referred to as the ‘donor’) of a sum or sums of money amounting to at least €250 to an approved sports body which is made—

(a) where the donor is an individual, in a year of assessment, and

(b) where the donor is a company, in an accounting period,

but where an accounting period of a company is less than 12 months in length the amount of €250 shall be proportionately reduced;

‘relevant year of assessment’, in relation to a relevant donation made by an individual, means the year of assessment in which that donation is made by the individual;

‘tax clearance certificate’ shall be construed in accordance with subsection (3).

(2) For the purposes of this section and in relation to a donation by a donor who is an individual (other than an individual referred to in subsection (9)), references to the grossed up amount are to the amount which after deducting income tax at the standard rate or the higher rate or partly at the standard rate and partly at the higher rate, as the case may be, for the relevant year of assessment leaves the amount of the donation.

(3) (a) Where a body which is in compliance with the obligations imposed on it by the Acts in relation to—

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

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

applies to the Collector-General in that behalf, the Collector-General shall issue to the body a certificate (in this section referred to as a ‘tax clearance certificate’) for the purposes of this section stating that the body is in compliance with those obligations.

(b) Subsection (5) to (9) of section 1094 shall apply to an application for a tax clearance certificate under this subsection as they apply to an application for a tax clearance certificate under that section.

(4) (a) The Minister, on the making of an application by an approved sports body in advance of the undertaking by that body of a project, may give a certificate to that body stating that the project to be undertaken by that body may be treated as an approved project for the purposes of this section.

(b) An application under this subsection shall be in such form and contain such information as the Minister may direct.

(c) The Minister may, by notice in writing given to the body, revoke the certificate given in respect of a project under paragraph (a), and the project shall cease to be an approved project as respects any donations made to the body after the date of the Minister's notice.

(d) The Minister shall not give a certificate to any body in respect of a project under paragraph (a) if the aggregate cost of the project is, or is estimated to be, in excess of €40,000,000.

(5) A donation shall satisfy the requirements of this subsection if—

(a) it is made to the approved sports body for the sole purpose of funding an approved project,

(b) it is or will be applied by the approved sports body for that purpose,

(c) apart from this section, it is neither deductible in computing for the purposes of tax the profits or gains of a trade or profession nor an expense of management deductible in computing the total profits of a company,

(d) it is not a relevant donation to which section 848A applies,

(e) it is not subject to a condition as to repayment,

(f) neither the donor nor any person connected with the donor receives, either directly or indirectly, a benefit in consequence of making the donation, including, in particular, a right to membership of the approved sports body or a right to use the facilities of that body,

(g) it is not conditional on or associated with, or part of an arrangement involving, the acquisition of property by the approved sports body, otherwise than by way of gift, from the donor or a person connected with the donor, and

(h) in the case of a donation made by an individual, the individual—

(i) is resident in the State for the relevant year of assessment,

(ii) has (except in the case of an individual referred to in subsection (9)) given an appropriate certificate in relation to the donation to the approved sports body, and

(iii) has (except in the case of an individual referred to in subsection (9)) paid the tax referred to in such appropriate certificate and is not entitled to claim a repayment of that tax or any part of that tax.

(6) Where it is proved to the satisfaction of the Revenue Commissioners that a person has made a relevant donation, subsection (7), (9) or (11), as the case may be, shall apply.

(7) Where a company makes a relevant donation, other than a relevant donation to which subsection (18) applies, then, for the purposes of corporation tax, the amount of that donation shall be treated as—

(a) a deductible trading expense of a trade carried on by the company in, or

(b) an expense of management deductible in computing the total profits of the company for,

the relevant accounting period.

(8) A claim by a company under this section shall be made with the return required to be delivered by it under section 951 for the relevant accounting period.

(9) (a) Where a relevant donation, other than a relevant donation to which subsection (18) applies, is made by an individual who is a chargeable person (within the meaning of Part 41) for the relevant year of assessment, then—

(i) the amount of the donation shall be deducted from or set off against any income of the individual chargeable to income tax for that year of assessment and tax shall, where necessary, be discharged or repaid accordingly, and

(ii) the total income of the individual or, where the individual's spouse is assessed to income tax in accordance with section 1017, the total income of the spouse shall be calculated accordingly.

(b) For the purposes of paragraph (a), any such deduction or set-off shall not be taken into account in determining the net relevant earnings (within the meaning of section 787) of the individual or, as the case may be, the individual's spouse for the relevant year of assessment.

(10) Where a relevant donation is made by an individual who is an individual referred to in subsection (9), a claim under this section shall be made with the return required to be delivered by that individual under section 951 for the relevant year of assessment.

(11) Where a relevant donation, other than a relevant donation to which subsection (18) applies, is made by an individual who is not an individual referred to in subsection (9), the Tax Acts shall apply in relation to the approved sports body to which that donation is made as if—

(a) the grossed up amount of the donation were an annual payment which was the income of that body received by it under deduction of tax, in the amounts and at the rates specified in the statement referred to in paragraph (b) of the definition of ‘appropriate certificate’, for the relevant year of assessment, and

(b) the provisions of the Tax Acts which apply in relation to a claim to repayment of tax applied in relation to any claim to repayment of such tax by that body;

but, if the total amount of the tax referred to in paragraph (b) of the definition of ‘appropriate certificate’ is not paid, the amount of any repayment which would otherwise be made to that body in accordance with this section shall not exceed the amount of tax actually paid by that individual.

(12) The details contained in an appropriate certificate shall be given by the approved sports body to the Revenue Commissioners in an electronic format approved by the Revenue Commissioners in connection with the making of a claim to repayment of tax to which subsection (11)(b) refers and, where those details are so given, those details shall be accompanied by a declaration made by the approved sports body, on a form prescribed or authorised for that purpose by the Revenue Commissioners, to the effect that those details are correct and complete.

(13) Where the Revenue Commissioners are satisfied that an approved sports body does not have the facilities to give the details contained in an appropriate certificate in the electronic format referred to in subsection (12), such details shall be given in writing in a form prescribed or authorised by the Revenue Commissioners and shall be accompanied by a declaration made by the approved sports body to the effect that the claim is correct and complete.

(14) Every approved sports body, when required to do so by notice in writing from the Minister, shall within the time limited by the notice prepare and deliver to the Minister a return containing particulars of the aggregate amount of relevant donations received by the body in respect of each approved project.

(15) Where any question arises as to whether for the purposes of this section a project is an approved project, or a donation is a relevant donation, the Revenue Commissioners may consult with the Minister.

(16) For the purposes of a claim to relief under this section, but subject to subsection (17), an approved sports body shall, on acceptance of a relevant donation, give to the person making the relevant donation a receipt which shall—

(a) contain a statement that—

(i) it is a receipt for the purposes of this section,

(ii) the body is an approved sports body for the purposes of this section,

(iii) the donation in respect of which the receipt is given is a relevant donation for the purposes of this section, and

(iv) the project in respect of which the relevant donation has been made is an approved project,

(b) show—

(i) the name and address of the person making the relevant donation,

(ii) the amount of the relevant donation in both figures and words,

(iii) the date the relevant donation was made,

(iv) the full name of the approved sports body,

(v) the date on which the receipt was issued, and

(vi) particulars of the approved project in respect of which the relevant donation has been made,

and

(c) be signed by a duly authorised official of the approved sports body.

(17) An approved sports body shall not be required to give a receipt under subsection (16) to a donor—

(a) who is an individual but who is not an individual to which subsection (9) applies, or

(b) in respect of a relevant donation to which subsection (18) applies.

(18) Relief under this section shall not be given in respect of a relevant donation which is made at any time to an approved sports body in respect of an approved project if, at that time, the aggregate of the amounts of that relevant donation and all other relevant donations made to the approved sports body in respect of the approved project at or before that time exceeds €40,000,000.

(19) Where relief under this section has been granted in respect of a relevant donation and—

(a) that donation has not been used by the sports body concerned for the purpose of undertaking the approved project concerned, or

(b) which relief is otherwise found not to have been due,

section 235(2) shall not apply to the amount of that relevant donation.

(20) The Revenue Commissioners may nominate any of their officers to perform any acts and discharge any functions authorised by this section to be performed or discharged by them.”.

(2) This section applies as on and from 1 May 2002.

42 Amendment of section 482 (relief for expenditure on significant buildings and gardens) of Principal Act.

42.—(1) Section 482 of the Principal Act is amended—

(a) in subsection (1)(a), in the definition of “relevant expenditure”, by substituting the following for subparagraph (ii):

“(ii) in the case of expenditure incurred in a chargeable period earlier than that referred to in subparagraph (i), expenditure incurred by the person who owned or occupied the approved garden on the maintenance or restoration of the garden;”,

(b) in subsection (2)(b)(ii), by substituting “on or before the 1st day of November” for “on or before the 1st day of January”,

(c) in subsection (8), by substituting “on or before 1 November” for “on or before 1 January”, and

(d) after subsection (10), by inserting the following subsection:

“(11) The Tax Acts shall apply to a loss referred to in subsection (2) as they would apply if sections 396A and 420A had not been enacted.”.

(2)(a) Paragraph (a) of subsection (1) applies as on and from 30 November 1997.

(b) Paragraphs (b) and (c) of subsection (1) apply as respects a chargeable period, being the year of assessment 2002 and any subsequent year of assessment or an accounting period of a company beginning on or after 1 January 2002.

(c) Paragraph (d) of subsection (1) applies as on and from 6 March 2001.

43 Amendment of section 486B (relief for investment in renewable energy generation) of Principal Act.

43.—(1) Section 486B(1) of the Principal Act is amended by substituting for the definition of “qualifying period” the following definition:

“‘qualifying period’ means the period commencing on the commencement date and ending on 31 December 2004;”

(2) Subsection (1) comes into operation on such day as the Minister for Finance appoints by order.

44 Amendment of section 739D (gain arising on a chargeable event) of Principal Act.

44.—Section 739D of the Principal Act is amended—

(a) in subsection (1) by substituting “In this Chapter and Schedule 2B” for “In this Chapter”,

(b) in subsection (6) by substituting the following for paragraph (f):

“(f) (i) is a person who—

(I) is exempt from income tax under Schedule D by virtue of section 207(1)(b), or

(II) is exempt from corporation tax by virtue of section 207(1)(b) as it applies for the purposes of corporation tax under section 76(6),

and

(ii) has made a declaration to the investment undertaking in accordance with paragraph 7 of Schedule 2B,”,

(c) in subsection (8D) by substituting the following for paragraphs (a) and (b):

“(a) In this subsection—

‘offshore fund’ means any of the following—

(i) a company not resident in the State,

(ii) a unit trust scheme, the trustees of which are neither resident nor ordinarily resident in the State, and

(iii) any arrangements not within subparagraphs (i) or (ii) which take effect by virtue of the law of a territory outside the State and which under that law create rights in the nature of co-ownership (without restricting that expression to its meaning in the law of the State),

in which persons have an interest and which is established for the purposes of collective investment by such persons and references in this subsection to an offshore fund shall be construed as a reference to any such company, unit trust scheme or arrangements, in which such persons have an interest;

‘scheme of migration and amalgamation’ means an arrangement whereby the assets of an offshore fund are transferred to an investment undertaking in exchange for the issue by the investment undertaking of units to each of the persons who have an interest in the offshore fund, in proportion to the value of that interest, and as a result of which the value of that interest becomes negligible.

(b) A gain shall not be treated as arising to an investment undertaking on the happening of a chargeable event in respect of a unit holder where—

(i) under a scheme of migration and amalgamation the unit holder acquires units in the investment undertaking in exchange for the unit holder's interest in an offshore fund, and

(ii) within 30 days of the scheme of migration and amalgamation taking place, the investment undertaking forwards to the Collector-General a declaration of a kind referred to in paragraph (c),

otherwise than in respect of a unit holder whose name is included in the schedule referred to in paragraph (c)(ii).”,

and

(d) by substituting the following for subsection (9):

“(9) A gain shall not be treated as arising to an investment undertaking on the happening of a chargeable event in respect of a unit holder, where immediately before the chargeable event the investment undertaking or an investment undertaking associated with the first-mentioned investment undertaking—

(a) is, in relation to the units concerned, in possession of a declaration of a kind referred to in paragraph 13 of Schedule 2B, and

(b) is not in possession of any information which would reasonably suggest that—

(i) the information contained in that declaration is not, or is no longer, materially correct,

(ii) the intermediary failed to comply with the undertaking referred to in paragraph 13(e) of Schedule 2B, or

(iii) any of the persons, on whose behalf the intermediary holds units of, or receives payments from, the investment undertaking, is resident or ordinarily resident in the State.

(9A) A gain shall not be treated as arising to an investment undertaking on the happening of a chargeable event in respect of a unit holder where immediately before the chargeable event the investment undertaking or an investment undertaking associated with the first-mentioned investment undertaking—

(a) is, in relation to the units concerned, in possession of a declaration of a kind referred to in paragraph 14 of Schedule 2B, and

(b) is not in possession of any information which would reasonably suggest that—

(i) the information contained in that declaration is not, or is no longer, materially correct,

(ii) the intermediary failed to comply with the undertaking referred to in paragraph 14(e) of Schedule 2B, or

(iii) any of the persons, on whose behalf the intermediary holds units of, or receives payment from, the investment undertaking, is not a person referred to in paragraphs (a) to (h) of section 739D(6).”.

45 Amendment of Schedule 2B (investment undertakings declarations) to Principal Act.

45.—(1) Schedule 2B to the Principal Act is amended—

(a) in paragraph 13 by substituting the following for subparagraphs (d) and (e):

“(d) declares that—

(i) at the time of making the declaration, to the best of the intermediary's knowledge and belief, the person who has beneficial entitlement to each of the units in respect of which the declaration is made—

(I) is not resident in the State, where that person is a company, and

(II) where that person is not a company, the person is neither resident nor ordinarily resident in the State, and

(ii) unless the investment undertaking is notified in writing to the contrary, every subsequent application by the intermediary to acquire units in the investment undertaking or an investment undertaking associated with the first-mentioned investment undertaking, shall be on behalf of such a person,

(e) contains an undertaking that where the intermediary becomes aware at any time that the declaration made in accordance with subparagraph (d) is no longer correct, the intermediary will notify the investment undertaking in writing accordingly, and”,

and

(b) by inserting the following after paragraph 13:

“Certain resident entities: declaration of intermediary

(a) is made and signed by the intermediary,

(b) is made in such form as may be prescribed or authorised by the Revenue Commissioners,

(c) contains the name and address of the intermediary,

(d) declares that—

(i) at the time of making the declaration, to the best of the intermediary's knowledge and belief, the person who has beneficial entitlement to each of the units in respect of which the declaration is made is a person referred to in paragraphs (a) to (h) of section 739D(6), and

(ii) unless the investment undertaking is notified in writing to the contrary, every subsequent application by the intermediary to acquire units in the investment undertaking or an investment undertaking associated with the first-mentioned investment undertaking, shall be on behalf of such a person,

(e) contains an undertaking that where the intermediary becomes aware at any time that the declaration made under subparagraph (d) is no longer correct, the intermediary will notify the investment undertaking in writing accordingly, and

(f) contains such other information as the Revenue Commissioners may reasonably require for the purposes of Chapter 1A of Part 27.”.

46 Amendment of Chapter 4 (certain offshore funds — taxation and returns) of Part 27 of Principal Act.

46.—(1) Chapter 4 of Part 27 of the Principal Act is amended—

(a) in section 747D by substituting the following for paragraph (b):

“(b) where the person is a company and the payment is not taken into account as a receipt of a trade carried on by the company, the income represented by the payment shall be charged to tax under Case III of Schedule D.”,

and

(b) in section 747E by substituting the following for subsection (1):

“(1) Where on or after 1 January 2001 a person who has a material interest in an offshore fund, disposes of an interest in the offshore fund and the disposal gives rise to a gain computed in accordance with subsection (2) then, notwithstanding sections 745 and 747, where the gain is not taken into account in computing the profits or gains of a trade carried on by a company, the amount of that gain shall—

(a) be treated as an amount of income chargeable to tax under Case IV of Schedule D, and

(b) where the person is not a company, and the person has correctly included details of the disposal in a return made by the person, the rate of income tax to be charged on that income shall, notwithstanding section 15, be the rate determined by the formula—

(S + 3) per cent,

where S is the standard rate per cent.”.

(2) This section shall be deemed to have applied as on and from 1 January 2001.

47 Amendment of section 579A (attribution of gains to beneficiaries) of Principal Act.

47.—(1) Section 579A of the Principal Act is amended—

(a) by substituting the following for subsection (2):

“(2) (a) This section shall apply to a settlement for any year of assessment (beginning on or after 6 April 1999) during which the trustees are at no time resident or ordinarily resident in the State, and—

(i) the settlor does not have an interest in the settlement at any time in that year of assessment, or

(ii) the settlor does have an interest in the settlement but—

(I) was not domiciled in the State, and

(II) was neither resident nor ordinarily resident in the State,

in that year of assessment, or when the settlor made the settlement.

(b) Section 579 shall not apply as respects chargeable gains accruing after 5 April 1999 to trustees of a settlement to which this section applies; and references in subsections (4) and (5) to capital payments received by beneficiaries do not include references to any payments received before 11 February 1999 or any payments received on or after that date so far as they represent a chargeable gain which accrued to the trustees in respect of a disposal by the trustees before 11 February 1999.

(c) For the purposes of this subsection a settlor has an interest in a settlement if—

(i) any relevant property which is, or may at any time become, comprised in the settlement is, or will or may become, applicable for the benefit of or payable in any circumstances to, a relevant beneficiary,

(ii) any relevant income which arises, or may arise, under the settlement is, or will or may become, applicable for the benefit of or payable in any circumstances to, a relevant beneficiary, or

(iii) a relevant beneficiary enjoys a benefit directly or indirectly from any relevant property which is comprised in the settlement or any relevant income arising under the settlement.

(d) In this subsection—

‘relevant beneficiary’ means—

(i) the settlor,

(ii) the spouse of the settlor,

(iii) a company controlled by either or both the settlor and the spouse of the settlor, or

(iv) a company associated with a company referred to in paragraph (iii) of this definition;

‘relevant income’ means income originating from the settlor;

‘relevant property’ means property originating from the settlor.

(e) For the purposes of this subsection—

(i) references to property originating from a person are references to property provided by that person, and property representing that property,

(ii) references to income originating from a person are references to income from property originating from that person and income provided by that person,

(iii) whether a company is controlled by a person or persons shall be construed in accordance with section 432 without regard to subsection (6) of that section,

(iv) whether a company is associated with another company shall be construed in accordance with section 432 without regard to subsection (6) of that section, and

(v) references to relevant property comprised in a settlement being, or becoming, applicable for the benefit of or payable in any circumstances to, a relevant beneficiary, do not include references to the repayment of, or obligation to repay, a loan to a settlor which loan was provided by the settlor to the trustees of the settlement on terms that it would be repaid.

(f) Where, for the year of assessment 2002 or any subsequent year of assessment, chargeable gains are treated as accruing to a beneficiary under a settlement by virtue of section 579, then notwithstanding that section such chargeable gains, in so far as they are in respect of a disposal made on or after 7 March 2002 by the trustees of the settlement, shall be treated as accruing to the settlor in relation to the settlement and not to any other person, if the settlor is resident or ordinarily resident in the State, whether or not the settlor is the beneficiary.”,

and

(b) by deleting subsections (10) and (11).

(2) Subsection (1) is deemed to have applied as on and from 11 February 1999.

48 Amendment of Chapter 5 (policyholders — new basis) of Part 26 of Principal Act.

48.—(1) Chapter 5 of Part 26 of the Principal Act is amended—

(a) by substituting the following for section 730D(2)(b)(iii):

“(iii) a person who—

(I) is exempt from income tax under Schedule D by virtue of section 207(1)(b), or

(II) is exempt from corporation tax by virtue of section 207(1)(b) as it applies for the purposes of corporation tax under section 76(6), and”,

(b) by inserting the following after section 730D(2):

“(2A) (a) In this subsection—

‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

‘EEA state’ means a State, other than the State, which is a Contracting Party to the EEA Agreement;

‘offshore state’ means a State, other than the State, which is—

(a) a Member State of the European Communities, or

(b) a State which is an EEA state.

(b) A gain shall not be treated as arising on the happening of a chargeable event in relation to a life policy where—

(i) the assurance company which commenced the life policy has established a branch in an offshore state,

(ii) the commitment represented by that life policy is covered through that branch, and

(iii) the assurance company has received written approval from the Revenue Commissioners, to the effect that the provisions of subsection (2)(a) need not apply to the life policy, and that approval has not been withdrawn.

(c) The Revenue Commissioners may give the approval referred to in paragraph (b)(iii) subject to such conditions as they consider necessary.

(d) The Revenue Commissioners may nominate in writing an inspector or other officer to perform any acts and discharge any functions authorised by this subsection to be performed or discharged by the Revenue Commissioners.”,

and

(c) by substituting the following for section 730E(3)(e)(iii):

“(iii) (I) a person who is entitled to exemption from income tax under Schedule D by virtue of section 207(1)(b), or

(II) a person who is entitled to exemption from corporation tax by virtue of section 207(1)(b) as it applies for the purposes of corporation tax under section 76(6),”.

49 Amendment of Part 36A (special savings incentive accounts) of Principal Act.

49.—Part 36A of the Principal Act is amended—

(a) in section 848C by substituting the following for paragraph (h):

“(h) for the account to be treated as maturing (otherwise than in respect of the death of the qualifying individual) in accordance with section 848H(1), the qualifying individual shall make a declaration of a kind referred to in section 848I at any time within the period of 3 months ending on the fifth anniversary of the end of the month in which a subscription was first made to the account,”,

(b) in section 848E by inserting the following after subsection (3):

“(3A) The provisions of section 267B(2) shall not apply to shares held in a special share account (within the meaning of section 267A) where the shares are a qualifying asset.”,

(c) in section 848H—

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

“(a) on the fifth anniversary of the end of the month in which a subscription was first made to the account where the qualifying individual has made a declaration of a kind referred to in section 848I and the qualifying savings manager is in possession of that declaration at that time, or,”,

and

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

“(4) Where at any time a special savings incentive account is treated as maturing or, as the case may be, ceasing, the amount of any income which accrues in respect of qualifying assets held in the account, in so far as it was not, but for this subsection, taken into account in determining a gain under section 848J, 848K or 848L, shall, when received, be treated as an amount of cash withdrawn from the account before the account is treated as maturing, or as the case may be, ceasing, and the qualifying savings manager shall be liable to tax in accordance with section 848M on the gain thereby arising under section 848L.”,

and

(d) in section 848M—

(i) by substituting the following for subsection (1):

“(1) A qualifying savings manager shall be liable to tax (in this Part referred to as ‘relevant tax’) representing income tax on a gain treated under this Part as accruing to a special savings incentive account in an amount equal to 23 per cent of the amount of that gain.”,

and

(ii) in subsection (4) by substituting “to the best of the inspector's judgement” for “to the best of his or their judgement”.

50 Amendment of section 838 (special portfolio investment accounts) of Principal Act.

50.—Section 838(4) of the Principal Act is amended by inserting the following after paragraph (b):

“(bb) Notwithstanding paragraph (b), where, at the time a special portfolio investment account is closed, a loss has not been relieved under that paragraph because of an insufficiency of relevant income or gains at that time, that loss shall for the purposes of section 31 be treated as an allowable loss accruing at that time to the individual in whose name the special portfolio investment account was held.”.

51 Amendment of Chapter 2 (payments to subcontractors in certain industries) of Part 18 of Principal Act.

51.—(1) Chapter 2 of Part 18 of the Principal Act is amended—

(a) in section 530(1)—

(i) in paragraph (b) of the definition of “construction operations”, by inserting “telecommunication apparatus,” after “power lines,”, and

(ii) in the definition of “meat processing operations”, by inserting the following after paragraph (f):

“(fa) the rendering of the carcasses or any part of the carcasses of slaughtered cattle, sheep, pigs, domestic fowl, turkeys, guinea-fowl, ducks or geese,”,

and

(b) in section 531—

(i) in subsection (8), by substituting “the Income Tax (Relevant Contracts) Regulations 2000 (S.I. No. 71 of 2000)” for “the Income Tax (Construction Contracts) Regulations, 1971 (S.I. No. 1 of 1971),”,

(ii) in subsection (10), by substituting “the Income Tax (Relevant Contracts) Regulations 2000” for “the Income Tax (Construction Contracts) Regulations, 1971 (S.I. No. 1 of 1971),”, and

(iii) in subsection (11)—

(I) in paragraph (a)(iv)(A), by substituting “taxes, interest and penalties” for “taxes”, and

(II) in paragraph (b), by substituting “subparagraphs (i) to (iv) and (vi)” for “subparagraphs (i) to (iv)”.

(2)(a) Paragraph (a), and subparagraph (iii)(I) of paragraph (b), of subsection (1) shall apply as on and from 1 April 2002.

(b) Subparagraph (i) and (ii) of subsection (1)(b) shall be deemed to have come into operation as on and from 6 April 2000.

52 Amendment of section 951 (obligation to make a return) of Principal Act.

52.—Section 951(11) of the Principal Act is amended by inserting the following after paragraph (c):

“(d) The Collector-General may designate an address for the delivery of returns which, in accordance with subsection (1), are required to be delivered to him or her by chargeable persons who are chargeable to income tax or capital gains tax for a chargeable period which is a year of assessment, being the year of assessment 2001 or any subsequent year of assessment.

(e) Where the Collector-General designates an address under paragraph (d), that address shall be published in Iris Oifigiúil as soon as is practicable after such designation.”.

CHAPTER 4 Corporation Tax

53 Tonnage tax.

53.—(1) The Principal Act is amended by inserting the following after Part 24:

“PART 24A

SHIPPING: TONNAGE TAX