Finance (No. 2) Act 2008

Type Act

Publication 2008-12-24

State In force

Source Irish Statute Book

articles 102

“(1A) No appeal shall lie under this section against an assessment made under section 99A (inserted by section 46 of the Finance (No. 2) Act 2008).”,

and

“(1) A person who is aggrieved by—

(a) a determination of the Commissioners under section 145, or

(b) an assessment made on that person under section 99A (inserted by section 46 of the Finance (No. 2) Act 2008),

may, in accordance with this section, appeal to the Appeal Commissioners against such determination or assessment, and the appeal is to be heard and determined by the Appeal Commissioners whose determination is final and conclusive unless a case is required to be stated in relation to it for the opinion of the High Court on a point of law.

(2) A person who intends to appeal under this section against a determination of the Commissioners, or against an assessment under section 99A, shall within 30 days of—

(a) the notification of such determination, or the expiry of the time limit for such determination, whichever is the earlier, or

(b) the notice of such assessment,

give notice in writing to the Commissioners of such intention.”.

47. Rates of mineral oil tax.

47.— The Finance Act 1999 is amended—

(a) with effect as on and from 15 October 2008 by substituting the following for Schedule 2 to that Act (as amended by section 59(a) of the Finance Act 2007):

“SCHEDULE 2

With effect as on and from 15 October 2008

Description of Mineral Oil	Rate of Tax
Light Oil: Leaded petrol Unleaded petrol Super unleaded petrol Aviation gasoline	€553.04 per 1,000 litres €508.79 per 1,000 litres €547.79 per 1,000 litres €276.52 per 1,000 litres
Heavy Oil: Used as a propellant with a maximum sulphur content of 50 milligrammes per kilogramme Other heavy oil used as a propellant Kerosene used other than as a propellant Fuel oil Other heavy oil	€368.05 per 1,000 litres €420.44 per 1,000 litres €00.00 €14.78 per 1,000 litres €47.36 per 1,000 litres
Liquefied Petroleum Gas: Used as a propellant Other liquified petroleum gas	€63.59 per 1,000 litres €00.00
Coal: For business use For other use	€4.18 per tonne €8.36 per tonne

”,

and

(b) with effect as on and from 1 November 2008 by substituting the following for Schedule 2 to that Act (as amended by paragraph (a)):

“SCHEDULE 2

With effect as on and from 1 November 2008

Description of Mineral Oil	Rate of Tax
Light Oil: Petrol Aviation gasoline	€508.79 per 1,000 litres €508.79 per 1,000 litres
Heavy Oil: Used as a propellant Used for air navigation Used for private pleasure navigation Kerosene used other than as a propellant Fuel oil Other heavy oil	€368.05 per 1,000 litres €368.05 per 1,000 litres €368.05 per 1,000 litres €00.00 €14.78 per 1,000 litres €47.36 per 1,000 litres
Liquefied Petroleum Gas: Used as a propellant Other liquified petroleum gas	€63.59 per 1,000 litres €00.00
Coal: For business use For other use	€4.18 per tonne €8.36 per tonne

”.

48. Amendment of Chapter 1 (mineral oil tax) of Part 2 of Finance Act 1999.

48.— Chapter 1 of Part 2 of the Finance Act 1999 is amended—

(a) in section 94(1) by deleting the definitions of “motor octane number” and “research octane number”,

(b) in section 96(2A)—

(i) in paragraph (a) by deleting the word “unleaded” in both places where it occurs,

(ii) in paragraph (b) by deleting the words “with a maximum sulphur content as provided for in that Schedule”,

(c) in section 97B(3) by substituting “an amount calculated at the rate of €232.27 per 1,000 litres on the quantity used” for “the amount of mineral oil tax paid less an amount calculated at the rate of €166.16 per 1,000 litres”.

49. Amendment of Chapter 1 (electricity tax) of Part 2 of Finance Act 2008.

49.— Chapter 1 of Part 2 of the Finance Act 2008 is amended—

(a) in section 60 by inserting the following after subsection (4):

“(5) (a) Where, at the time when the return under subsection (1) is made, a supplier does not have all the information required to determine the tax liability for supplies made during the last 2 months of an accounting period, the return may be completed on the basis of an estimate of that liability.

(b) Where paragraph (a) applies, the supplier shall, as soon as the required information is available and at the latest within 3 months of the end of the accounting period, submit a final return for that accounting period, and pay any amount of tax outstanding.

(c) No interest shall be charged on any amount of tax paid in accordance with paragraph (b), where that amount does not exceed 5 per cent of the total tax liability for the calendar year.”,

(b) in paragraph (c) of subsection (4) of section 63 by substituting the following for subparagraph (ii):

“(ii) For the purposes of subparagraph (i) the data on the fuel mix shall be that in respect of the most recent year for which, at the end of the accounting period concerned in the return, the Commission for Energy Regulation has published such data.”,

and

“(3) (a) Repayments in respect of relief under paragraphs (b) and (c) of subsection (1) of section 63 shall be made to the supplier of the electricity concerned.

(b) Repayments in respect of relief under paragraph (d) of subsection (1) of section 63 shall be made to the consumer of the electricity concerned.”.

50. Rates of alcohol products tax.

50.— The Finance Act 2003 is amended with effect as on and from 15 October 2008 by substituting the following for Schedule 2 to that Act:

“SCHEDULE 2

(With effect as on and from 15 October 2008)

Description of Product	Rate of Tax
Spirits:	€39.25 per litre of alcohol in the spirits
Beer: Exceeding 0.5% vol but not exceeding 1.2% vol Exceeding 1.2% vol but not exceeding 2.8% vol Exceeding 2.8% vol	€0.00 €9.93 per hectolitre per cent of alcohol in the beer €19.87 per hectolitre per cent of alcohol in the beer
Wine: Still and sparkling, not exceeding 5.5% vol Still, exceeding 5.5% vol but not exceeding 15% vol Still, exceeding 15% vol Sparkling, exceeding 5.5% vol	€109.34 per hectolitre €328.09 per hectolitre €476.06 per hectolitre €656.18 per hectolitre
Other Fermented Beverages: (1) Cider and Perry: Still and sparkling, not exceeding 2.8% vol Still and sparkling, exceeding 2.8% vol but not exceeding 6.0% vol Still and sparkling, exceeding 6.0% vol but not exceeding 8.5% vol Still, exceeding 8.5% vol Sparkling, exceeding 8.5% vol	€41.62 per hectolitre €83.25 per hectolitre €192.47 per hectolitre €273.00 per hectolitre €546.01 per hectolitre
(2) Other than Cider and Perry: Still and sparkling, not exceeding 5.5% vol Still, exceeding 5.5% vol Sparkling, exceeding 5.5% vol	€109.34 per hectolitre €328.09 per hectolitre €656.18 per hectolitre
Intermediate Beverages: Still, not exceeding 15% vol Still, exceeding 15% vol Sparkling	€328.09 per hectolitre €476.06 per hectolitre €656.18 per hectolitre

”.

51. Amendment of section 78A (relief for small breweries) of Finance Act 2003.

51.— Section 78A (as amended by section 73 of the Finance Act 2008) of the Finance Act 2003 is amended in subsection (1) by substituting “In the case of beer subject to alcohol products tax at the rate for beer exceeding 2.8% vol, a relief of half the amount of alcohol products tax paid on such beer shall,” for “A relief of half the amount of alcohol products tax paid on beer shall,”.

52. Rates of tobacco products tax.

52.— The Finance Act 2005 is amended with effect as on and from 15 October 2008 by substituting the following for Schedule 2 to that Act (as amended by section 74 of the Finance Act 2008):

“SCHEDULE 2

(With effect as on and from 15 October 2008)

Description of Product	Rate of Tax
Cigarettes	€175.30 per thousand together with an amount equal to 18.28 per cent of the price at which the cigarettes are sold by retail
Cigars	€250.729 per kilogram
Fine-cut tobacco for the rolling of cigarettes	€211.578 per kilogram
Other smoking tobacco	€173.946 per kilogram

”.

53. Amendment of section 67 (betting duty) of Finance Act 2002.

53.— (1) Section 67 of the Finance Act 2002 (as amended by section 90 of the Finance Act 2006) is amended—

(a) in subsection (1) by substituting “2 per cent” for “1 per cent”, and

(b) by inserting the following after subsection (1):

“(1A) For the avoidance of doubt, betting duty imposed by subsection (1) is chargeable on all bets placed by a person with a bookmaker at the bookmaker’s registered premises, irrespective of the means by which a bet is placed.”.

(2) Subsection (1)(a) comes into operation on 1 May 2009.

54. Amendment of section 71 (payment of betting duty) of Finance Act 2002.

54.— Section 71(2) (inserted by section 91 of the Finance Act 2006) of the Finance Act 2002 shall not have effect in respect of betting duty which becomes due on or after 1 January 2009.

55. Air travel tax.

55.— (1) In this section—

“ aircraft ” means an aircraft capable of carrying 20 or more passengers, but does not include an aircraft used for State or military purposes;

“ airline operator ” means the operator or registered owner of an aircraft, offering or operating an air passenger service;

“ airport ” means an airport within the meaning of the Air Navigation and Transport (Amendment) Act 1998, but does not include an airport from which the number of departures of passengers in the previous calendar year was less than 10,000;

“ airport authority ” means the person owning, whether in whole or in part, or managing, either alone or jointly with another person, an airport to which the provisions of the Air Navigation and Transport (Amendment) Act 1998 apply;

“ crew ” means the flight crew and cabin attendants of a flight;

“ Commissioners ” means the Revenue Commissioners;

“ disabled person ” means any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers;

“ groundhandling supplier ” means a supplier of groundhandling services within the meaning of the European Communities (Access To The Groundhandling Market At Community Airports) Regulations 1998 (S.I. No. 505 of 1998);

“ officer ” means an officer of the Commissioners;

“ passenger ” means a person, other than a member of the crew (including any relief crew) of the aircraft, travelling on an aircraft, but does not include—

(a) a disabled person who has requested and availed of assistance from the airline operator in accordance with Council Regulation (EC) No. 1107/2006 [^1], or the person travelling with the disabled person for the purposes of providing care or assistance to the disabled person,

(b) a person under the age of 2 years who does not occupy one of the seats provided for passengers on an aircraft,

“ registered owner ”, in relation to an aircraft, means the person who is registered as the owner of the aircraft in—

(a) the register established under section 58 of the Irish Aviation Authority Act 1993, or

(b) a register (by whatever name called) of another state that corresponds to the register so established;

“ transfer passenger ” means a passenger who arrives on a flight to an airport and who departs from the airport on a further flight, other than to the airport where the passenger’s journey originated, where both flights are part of a single booking and where the length of time between the scheduled time of arrival of the flight to the airport and the scheduled time of departure of the flight from that airport is not more than 6 hours;

“ transit passenger ” means a passenger who is on board an aircraft which lands at an airport in the course of its journey and who continues his or her journey on that aircraft.

(2) (a) Subject to the provisions of this section and any regulations made under it, a duty of excise, to be known as air travel tax, shall be charged, levied and paid in respect of every departure of a passenger on an aircraft from an airport on or after 30 March 2009.

(b) Air travel tax shall be charged, levied and paid by reference to the distance between the place of departure of the flight and the place where the flight ends, at the rate of—

(i) €2 in the case of a flight from an airport to a destination located not more than 300 kilometres from Dublin Airport,

(ii) €10 in any other case.

(d) An airline operator shall be accountable for and liable to pay the air travel tax in respect of passengers departing on its aircraft and the Commissioners may require an airline operator to provide security for the payment of air travel tax.

(e) Where an airline operator fails to provide such security as may be required by the Commissioners under paragraph (d), the Commissioners may serve notice on the groundhandling supplier of such airline operator indicating that, as and from such date as may be specified in the notice, the groundhandling supplier shall be liable and accountable for air travel tax in respect of departures on aircraft operated by the airline operator.

(3) Every airline operator to which subsection (2)(d) relates shall register with the Commissioners in accordance with such procedures as the Commissioners may specify in regulations under subsection (5) or otherwise impose.

(4) Every person liable to pay air travel tax shall within 20 days or such other period as the Commissioners may determine, furnish to the Commissioners a true and correct return showing the number of departures by passengers during the previous month or such other period as so determined, and such other information as the Commissioners may require, and shall at the same time remit to the Commissioners the amount of air travel tax payable by him or her in respect of that month or period.

(5) (a) The Commissioners may, for the purposes of giving effect to this section and of managing, securing and collecting air travel tax or for the protection of the revenue derived from that tax, make regulations.

(b) In particular, but without prejudice to the generality of paragraph (a), regulations under this subsection may—

(i) provide for securing, paying, collecting, remitting and repaying air travel tax,

(ii) provide for the making of returns in relation to air travel tax by airline operators,

(iii) require an airline operator, a groundhandling supplier or an airport authority to keep in a specified manner, and to preserve for a specified period, such accounts and records (including records in a machine readable form) relevant to air travel tax as may be specified, and to allow any officer to inspect and take copies of, or extracts from, such accounts and records (including, in the case of records in a machine readable form, copies in a readable form).

(6) (a) It is an offence under this subsection for any person to contravene or fail to comply with any provision of this section, or any regulation made under subsection (5), or any condition imposed under this section, or under such regulation in relation to such provision.

(b) Without prejudice to any other penalty to which a person may be liable, a person convicted of an offence under paragraph (a) is liable on summary conviction to a fine of €5,000.

(c) Where an offence under paragraph (a) is committed by a body corporate and the offence is shown to have been committed with the consent or connivance of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a member of the committee of management or other controlling authority of the body corporate, that person shall also be deemed to be guilty of an offence and may be proceeded against and punished as if guilty of the first-mentioned offence.

(7) Air travel tax imposed by this section is placed under the care and management of the Commissioners.

56. Amendment of section 7 (issue of bookmakers’ licences) of Betting Act 1931.

56.— Section 7 of the Betting Act 1931 is amended—

(a) by deleting subsection (2), and

(b) in subsection (4) by deleting “and shall have affixed thereto by adhesion the photograph of such person required by this section to be sent by him with the application for such licence”.

57. Repeals relating to excise law.

57.— (1) The enactments set out in Schedule 1 are repealed to the extent mentioned in the third column opposite the reference to the enactment concerned.

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

58. Wholesale dealers’ licences.

58.— Paragraph 4 of Part B (which relates to wholesale dealers’ licences) of the First Schedule to the Finance (1909-10) Act 1910 shall cease to have effect.

59. Increase in duties on certain liquor licences.

59.— (1) In this section “section 43” means section 43 of the Finance (1909-10) Act 1910.

(2) The duties of excise imposed—

(a) by section 43 on the licences for the manufacture or sale of intoxicating liquor specified in the First Schedule to the Finance (1909-10) Act 1910, other than an on-licence to be taken out annually by a retailer of spirits, and

(b) by section 10(3) of the Finance Act 1940 on a licence to be taken out annually by every person who makes cider or perry for sale,

shall be charged, levied and paid at the rates specified in the third column of Schedule 2 on every licence of a description set out in the second columnof that Schedule opposite the rate set out in the third column in lieu of the rates specified in—

(i) Part 1 of the Sixth Schedule to the Finance Act 1992 in the case of licences other than retailers’ off-licences,

(ii) the Table to section 75 of the Finance Act 2008 in the case of retailers’ off-licences.

(3) (a) The duties of excise imposed by section 43 on spirits retailers’ on-licences shall, as respects the licences specified in paragraph (b), be charged, levied and paid at the rates specified in paragraph (b).

(b) The rates of duty on the licences referred to in paragraph (a) shall be as follows—

(i) where a licence is granted upon renewal under section 9 of the Intoxicating Liquor Act 1988, a rate of duty of €500 in lieu of the rate specified in section 155(2)(b)(i) of the Finance Act 1992;

(ii) where a licence is granted under section 7 of the Excise Act 1835, a duty of €500 in lieu of the rate specified in section 155(2)(b)(ii) of the Finance Act 1992;

(iii) where a licence is granted or renewed under section 25 of the Intoxicating Liquor Act 1943, a duty of €500 in lieu of the rate specified in section 155(2)(b)(iia) (inserted by section 78 of the Finance Act 1993) of the Finance Act 1992;

(iv) where a licence is granted or renewed under section 2 of the Intoxicating Liquor Act 1946, a rate of duty of €500 in lieu of the rate specified in section 155(2)(b)(iib) (inserted by section 78 of the Finance Act 1993) of the Finance Act 1992;

(v) where a licence is granted under section 44 of the Tourist Traffic Act 1952, or where that licence is duly renewed, a rate of €500 in lieu of the rate specified in section 155(2)(b)(iic) (inserted by section 78 of the Finance Act 1993) of the Finance Act 1992;

(vi) where a licence is granted or renewed under section 18 of the Intoxicating Liquor Act 1962, a rate of €500 in lieu of the rate specified in section 155(2)(b)(iid) (inserted by section 78 of the Finance Act 1993) of the Finance Act 1992;

(vii) where a licence is granted or renewed under section 65 of the Irish Horseracing Industry Act 1994, a rate of €500 in lieu of the rate specified in section 111 of the Finance Act 1995.

(4) The duties of excise imposed by—

(a) section 171(1) of the Finance Act 2001 on a licence granted under section 2 of the Intoxicating Liquor (National Concert Hall) Act 1983 and on the due renewal of every such licence shall be charged, levied and paid at the rate of €500 in lieu of the rate specified in section 171(1);

(b) section 105(1) of the Finance Act 2000 on a licence granted under section 62 of the National Cultural Institutions Act 1997 and on the due renewal of every such licence shall be charged, levied and paid at the rate of €500 in lieu of the rate specified in section 105(1);

(c) section 21(5) of the Intoxicating Liquor Act 2003 on a licence granted under section 21(3) of that Act and on the due renewal of every such licence shall be charged, levied and paid at the rate of €500 in lieu of the rate specified in section 21(5).

60. Amendment of section 130 (interpretation) of Finance Act 1992.

60.— Section 130 of the Finance Act 1992 is amended—

(a) by substituting the following for the definition of ‘CO 2 emissions’:

“ ‘ CO 2 emissions ’ means the level of carbon dioxide (CO 2) emissions for a vehicle measured in accordance with the provisions of Council Directive 80/1268/EEC of 16 December 1980 [^1] (as amended) and listed in Annex VIII of Council Directive 70/156/EEC of 6 February 1970 [^2] (as amended) and displayed in accordance with the provisions of Council Directive 1999/94/EC of 13 December 1999 [^3] (as amended) and contained in the relevant EC type-approval certificate or EC certificate of conformity or any other appropriate documentation which confirms compliance with any measures taken to give effect in the State to any act of the European Communities relating to the approximation of the laws of Member States in respect of type-approval for the type of vehicle concerned;”,

(b) by substituting “a motor-cycle” for “a bicycle, tricycle or quadricycle propelled by an engine or motor or with an attachment for propelling it by mechanical power, whether or not the attachment is being used, a moped, a scooter and an autocycle,” in the definition of ‘ mechanically propelled vehicle’, and

“ ‘ motor-cycle’ means a mechanically propelled vehicle being a bicycle, tricycle or quadricycle propelled by an engine or motor or with an attachment for propelling it by mechanical power, whether or not the attachment is being used, a moped, a scooter and an autocycle.”.

61. Amendment of section 131 (registration of vehicles by Revenue Commissioners) of Finance Act 1992.

61.— (1) Section 131 of the Finance Act 1992 is amended in subsection (1) by inserting the following after paragraph (b):

“(ba) (i) In respect of a vehicle which is within any particular category of vehicle that is prescribed for the purposes of this paragraph or is within any other class of vehicle that is prescribed, the Commissioners may, as a condition of registration, require confirmation in accordance with this paragraph that such vehicle—

(i) is a mechanically propelled vehicle as defined in section 130, and

(ii) complies with any matter prescribed for the purposes of subparagraph (ii)(II).

(ii) The Commissioners may appoint one or more than one individual or body (in this paragraph referred to as a ‘ competent person ’) to carry out a pre-registration examination of a vehicle to which subparagraph (i) relates—

(I) to determine whether or not each vehicle duly examined under this paragraph is a mechanically propelled vehicle for the purposes of section 130, and

(II) to ascertain whether or not such other prescribed matters (being matters required to be ascertained) have been complied with as are necessary—

(A) for the registration of the vehicle concerned, and

(B) for the proper operation of vehicle registration tax.

(iii) Where in respect of a vehicle the Commissioners require confirmation as provided for by subparagraph (i), then they shall not register the vehicle without the production of a statement issued by a competent person that the vehicle—

(i) is a mechanically propelled vehicle, and

(ii) complies with any matter prescribed for the purposes of subparagraph (ii)(II) and which relates to the vehicle.

(iv) The fee to be charged by the competent person for the examination of a vehicle shall be agreed with the Commissioners. Different fees may be so agreed in respect of different types of examination and different categories or other classes of vehicles. The fee shall be paid by the person presenting the vehicle concerned for pre-registration examination. The fee shall be credited against the vehicle registration tax payable in respect of the registration of the vehicle but no other fees, charges or costs incurred by the person presenting the vehicle for examination shall be so credited.

(v) A competent person shall comply with any instructions and directions given by the Revenue Commissioners to such person for the purposes of this paragraph.

(vi) The Commissioners may revoke the appointment of a competent person.”.

(2) This section comes into operation on 1 January 2010.

62. Amendment of section 132 (charge of excise duty) of Finance Act 1992.

62.— Section 132 of the Finance Act 1992 is amended—

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

“(2) Vehicle registration tax shall become due and be paid at the time of the registration of a vehicle or the making of the declaration under section 131(3), as may be appropriate, by—

(a) an authorised person in accordance with section 136(5)(b),

(b) the person who registers the vehicle,

(c) the person who has converted the vehicle where the prescribed particulars in relation to the conversion have not been declared to the Commissioners in accordance with section 131(3),

(d) the person who is in possession of the vehicle that is a converted vehicle which has not been declared to the Commissioners in accordance with section 131(4),

and where under paragraphs (a) to (d), more than one such person is, in any case, liable for the payment of a vehicle registration tax liability, then such persons shall be jointly and severally liable.”,

and

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

“(3A) Notwithstanding subsection (3), where the Commissioners are of the opinion that a vehicle has not been registered at the time specified in Regulation 8 of the Vehicle Registration and Taxation Regulations 1992 (S.I. No. 318 of 1992), the amount of vehicle registration tax due and payable in accordance with subsection (3) shall be increased by an amount calculated in accordance with the following formula:

A P N

where—

A is the amount of vehicle registration tax calculated in accordance with subsection (3),

P is 0.1 per cent, and

N is the number of days from the date the vehicle should have been registered in accordance with Regulation 8 of the Vehicle Registration and Taxation Regulations 1992 and the date of registration of the vehicle.”.

63. Amendment of section 134 (permanent reliefs) of Finance Act 1992.

63.— (1) Section 134 of the Finance Act 1992 is amended—

(a) in subsection (7) by inserting “For the avoidance of doubt, the business of hiring vehicles does not include and shall be deemed never to have included the hiring of vehicles that are a supply of the kind specified in paragraph (i)(e) of the First Schedule of the Value-Added Tax Act 1972, in respect of vehicles supplied pursuant to an agreement in accordance with section 3(1)(b) of that Act.” after “limitations.”,

(b) in subsection (11) by substituting the following for paragraph (b) (other than for the proviso to that paragraph):

“(b) In paragraph (a) ‘ short-term self-drive con tracts ’ means contracts under which vehicles are hired to persons for the purpose of being driven by them for any term or part of a term which, when added to the term of any such hiring of the same vehicle or any other vehicle to the same person does not exceed 5 weeks in any period of 6 months from the date of the commencement of the last hiring.”,

and

“(15) (a) The repayment amount referred to in subsection (11)(a) shall be reduced by 33 per cent for vehicles that are withdrawn from short-term car-hire during the period 1 October 2009 to 30 September 2010.

(b) The repayment amount referred to in subsection (11)(a) shall be reduced by 66 per cent for vehicles that are withdrawn from short-term car-hire during the period 1 October 2010 to 30 September 2011.”.

(2) Section 134 of the Finance Act 1992 is further amended, with effect as on and from 1 October 2011, by the deletion of subsections (11) to (14) and subsection (15) (inserted by subsection (1)(c)).

64. Amendment of section 135 (temporary exemption from registration) of Finance Act 1992.

64.— (1) Chapter IV of Part II of the Finance Act 1992 is amended by substituting the following for section 135:

“135.— (1) A vehicle which is temporarily brought into the State may be exempted by the Commissioners from the requirement to be registered, in such manner and subject to such conditions, restrictions and limitations as the Minister may prescribe by regulations made under section 141(3) if the vehicle is—

(a) brought into the State by a person established outside the State for such person’s private or business use,

(b) brought into the State by an individual established in the State for such individual’s private or business use where such an individual—

(i) is employed by an employer established in another Member State who provides a vehicle as part of their contract of employment, where such vehicle is owned or leased by the employer, or

(ii) is self-employed and has established a legally accountable undertaking in another Member State, whose business is carried on solely or principally in the other Member State,

and where the vehicle is a category A vehicle or a motor-cycle, it is used principally for business use in another Member State,

(c) brought into the State solely for the purpose of a competition, exhibition, show, demonstration, or similar purpose and is not intended to be sold or offered for sale in the State and is intended to be taken out of the State on the fulfilment of such purpose, or

(d) designed or specially adapted as professional equipment brought into the State by a person established outside the State for use exclusively by such person or under his or her personal supervision.

(2) A vehicle which is temporarily brought into the State for a period in excess of 42 days (or such longer period as may be prescribed by the Commissioners) may, subject to regulations, be required to be registered in accordance with section 131 without the payment of vehicle registration tax.

(3) In respect of a vehicle to which subsection (2) relates, a statement issued by a competent person under section 131(1)(ba) shall be produced to the Commissioners prior to the registration of the vehicle.

(4) Any fee charged by the competent person for the examination shall be agreed with the Commissioners and shall be paid by the person presenting the vehicle for the pre-registration examination. Such fee shall be credited against any vehicle registration tax subsequently payable by the person so presenting if the vehicle subsequently becomes liable for that tax without the vehicle being permanently removed from the State.

(5) In this section a reference to the temporary importation of a vehicle shall be construed in accordance with Regulation 5 of the Temporary Exemption from Registration of Vehicles Regulations 1993 (S.I. No. 60 of 1993).”.

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

65. Amendment of section 135B (repayment of amounts in respect of vehicle registration tax in certain cases) of Finance Act 1992.

65.— Section 135B of the Finance Act 1992 is amended by inserting the following after subsection (5):

“(6) (a) Subject to sections 105B, 105C and 105D of the Finance Act 2001 where an authorised person pays an amount of vehicle registration tax in respect of a vehicle which was not due, any repayment of the overpaid amount and interest (if any) payable under section 105D shall, subject to the provisions of this subsection, be made to the authorised person on condition that the authorised person pays the amount of the repayment and interest to the person who was the registered owner of the vehicle at the time of the registration of the vehicle.

(b) (i) Where the registered owner of the vehicle at the date of the repayment to the authorised person is the first registered owner the amount of the repayment shall be the amount of the vehicle registration tax overpaid.

(ii) Where the first registered owner has disposed of the vehicle prior to the date of the repayment the amount of the repayment shall be calculated as follows:

(OP + V) — (S R)

where—

OP is the original purchase price,

V is the amount of vehicle registration tax paid,

S is the price, if any, received by the first registered owner at the time of disposal, and

R is the rate of vehicle registration tax charged at the time of registration on purchase.

(c) For the purpose of paragraph (b) the first registered owner shall as a condition of the repayment present documentary proof to the Commissioners of the disposal of the vehicle and the price (if any) received by that owner in respect of that disposal.

(d) An authorised person shall be entitled to deduct an amount not more than 10 per cent of the repayment from the payment to the first registered owner of the vehicle to cover the costs of the authorised person in processing the repayment claim.

(e) Where an authorised person fails to make a payment within 30 days to the first registered owner in accordance with paragraph (a) following payment by the Commissioners of such repayment, any amount unpaid, shall for the purpose of this Act, be treated as if it were vehicle registration tax due by the authorised person on the day following the expiry of the 30 day period.”.

66. Amendment of section 141 (regulations) of Finance Act 1992.

66.— Section 141 of the Finance Act 1992 is amended in subsection (2) by substituting “section 130,” for “section 130.” in paragraph (v) and by inserting the following after that paragraph:

“(w) make provision for matters to be prescribed for the purposes of section 131(1)(ba), and for the purposes of section 135, in respect of the pre-registration examination of vehicles.”.

PART 3 Value-Added Tax

67. Interpretation (Part 3).

67.— In this Part “Principal Act” means the Value-Added Tax Act 1972.

68. Amendment of section 3 (supply of goods) of Principal Act.

68.— Section 3 of the Principal Act is amended in subsection (1C)—

(a) in paragraph (a), by substituting “immovable goods.” for “immovable goods, and” and

(b) by deleting paragraph (b).

69. Amendment of section 7A (option to tax lettings of immovable goods) of Principal Act.

69.— Section 7A of the Principal Act is amended—

(a) in subsection (1)(d)(iv)—

(i) by inserting “the landlord or” after “when”, and

(ii) by substituting “occupies” for “commences to occupy”,

and

(b) in subsection (2)—

(i) in paragraph (a) by substituting the following for subparagraph (ii):

“(ii) where the landlord, whether or not connected to the tenant, or a person connected to the landlord, occupies the immovable goods that is subject to that letting whether that landlord or that person occupies those goods by way of letting or otherwise.”,

and

(ii) to insert the following after paragraph (b):

“(c) Paragraph (a)(ii) and subsection (1)(d)(iv) shall not apply where the occupant (being any person including the landlord referred to in that paragraph or that subsection) uses the immovable goods which are the subject of the letting for the purpose of making supplies which entitle that occupant to deduct, in accordance with section 12, at least 90 per cent of all tax chargeable in respect of goods or services used by that occupant for the purpose of making those supplies. However, where a landlord has exercised a landlord’s option to tax in respect of a letting to which paragraph (a)(ii) would have applied but for this paragraph, paragraph (a)(ii) shall apply from the end of the first accounting year in which the immovable goods are used for the purpose of making supplies which entitle that occupant to deduct less than 90 per cent of the said tax chargeable.”.

70. Amendment of section 7B (transitional measures: waiver of exemption) of Principal Act.

70.— Section 7B of the Principal Act is amended by inserting the following after subsection (5)—

“(6) Where a landlord has a letting to which subsection (3) or (4) applies and that landlord becomes a person in a group within the meaning of section 8(8) on or after 1 July 2008 and the person to whom that letting is made is a person in that group, then the person referred to in section 8(8)(a)(i)(I) in respect of that group shall be liable to pay the amount as specified in subsection (3)(a) as if it were tax due in accordance with section 19—

(a) in the case of a landlord who became a person in that group before the date of passing of the Finance (No. 2) Act 2008, in the taxable period in which that Act is passed, or

(b) in the case of a landlord who became a person in that group after the date of passing of the Finance (No. 2) Act 2008, in the taxable period during which that landlord became a person in that group.”.

71. Travel agent’s margin scheme.

71.— The Principal Act is amended with effect from 1 January 2010 by inserting the following after section 10B:

“10C.— (1) In this section—

‘ bought-in services ’ means goods or services which a travel agent purchases for the direct benefit of a traveller from another taxable person or from a person engaged in business outside the State;

‘ margin scheme services ’ means bought-in services supplied by a travel agent to a traveller;

‘ travel agent ’ means a taxable person who acts as a principal in the supply to a traveller of margin scheme services, and for the purposes of this section travel agent includes tour operator;

‘ travel agent’s margin ’, in relation to a supply of margin scheme services, means an amount which is calculated in accordance with the following formula:

A — B

where—

A is the total consideration which the travel agent becomes entitled to receive in respect of or in relation to that supply of margin scheme services including all taxes, commissions, costs and charges whatsoever and value-added tax payable in respect of that supply, and

B is the amount payable by the travel agent to a supplier in respect of bought-in services included in that supply of margin scheme services to the traveller, but any bought-in services purchased by the travel agent prior to 1 January 2010 in respect of which that travel agent claims deductibility in accordance with section 12 shall be disregarded in calculating the margin,

and if that B is greater than that A the travel agent’s margin in respect of that supply shall be deemed to be nil;

‘ travel agent’s margin scheme ’ means the special arrangements for the taxation of margin scheme services.

(2) A supply of margin scheme services by a travel agent to a traveller in respect of a journey shall be treated as a single supply.

(3) The place of supply of margin scheme services is the place where a travel agent has established that travel agent’s business, but if those services are provided from a fixed establishment of that travel agent located in a place other than the place where that travel agent has established that travel agent’s business, the place of supply of those services is the place where that fixed establishment is located.

(4) The travel agent’s margin scheme shall apply to the supply of margin scheme services in the State.

(5) Notwithstanding section 10, the amount on which tax is chargeable by virtue of section 2(1)(a) on a supply of margin scheme services shall be the travel agent’s margin less the amount of tax included in that margin.

(6) Notwithstanding sections 12 and 13, a travel agent shall not be entitled to a deduction or a refund of tax borne or paid in respect of bought-in services supplied by that travel agent as margin scheme services.

(7) Where a travel agent supplies margin scheme services together with other goods or services to a traveller for a total consideration, then that total consideration shall be apportioned by that travel agent so as to correctly reflect the ratio which the value of those margin scheme services bears to that total consideration, and in that case the proportion of the total consideration relating to the value of the margin scheme services shall be subject to the travel agent’s margin scheme.

(8) Margin scheme services shall be treated as intermediary services when the bought-in services are performed outside the Community.

(9) Where a travel agent makes a supply of margin scheme services that includes some services that are treated as intermediary services in accordance with subsection (8), then the total travel agent’s margin in respect of that supply shall be apportioned by that travel agent so as to correctly reflect the ratio which the cost to that travel agent of the bought-in services used in the margin scheme services that are treated as intermediary services in that supply bears to the total cost to that travel agent of all bought-in services used in making that supply of margin scheme services.

(10) A travel agent being an accountable person who supplies margin scheme services shall include the tax due on that person’s supplies of margin scheme services for a taxable period in the return that that person is required to furnish in accordance with section 19(3).

(11) The Revenue Commissioners may make such regulations as they consider necessary for the purposes of the operation of this section including provisions for simplified accounting arrangements.”.

72. Amendment of section 11 (rates of tax) of Principal Act.

72.— Section 11 of the Principal Act is amended with effect from 1 December 2008 in subsection (1)(a) by substituting “21.5 per cent” for “21 per cent”.

73. Amendment of section 12 (deduction for tax borne or paid) of Principal Act.

73.— Section 12 of the Principal Act is amended—

(a) in subsection (1)—

(i) in paragraph (a) by deleting “and” in subparagraph (vii), and by substituting “section 12A, and” for “section 12A.” in subparagraph (viii),

(ii) by inserting the following after subparagraph (viii) of paragraph (a):

“(ix) subject to subsection (4) and regulations (if any), 20 per cent of the tax charged to that accountable person in respect of the purchase, hiring, intra-Community acquisition or importation of a qualifying vehicle (within the meaning assigned by paragraph (c)), where that vehicle is used primarily for business purposes, being at least 60 per cent of the use to which that vehicle is put, and where that accountable person subsequently disposes of that vehicle the tax deducted by that person in accordance with this subsection shall be treated as if it was not deductible by that person for the purposes of paragraph (xxiv)(c) of the First Schedule:”,

and

(iii) by inserting the following after paragraph (b):

“(c) For the purposes of paragraph (a)(ix) and subsection (4)(ba), a ‘qualifying vehicle’ means a motor vehicle which, for the purposes of vehicle registration tax is first registered, in accordance with section 131 of Finance Act 1992, on or after 1 January 2009 and has, for the purposes of that registration, a level of CO 2 emissions of less than 156g/km.”,

(b) in subsection (3)(a)(iii) by inserting “subject to subsection (1)(a)(ix)” before “the purchase”,

“(ba) For the purposes of this subsection, the reference in paragraph (b) to ‘tax, borne or payable’ shall, in the case of an acquisition of a qualifying vehicle (within the meaning assigned by subsection (1)(c)) be deemed to be a reference to ‘20 per cent of the tax, borne or payable’.”,

and

(d) by inserting the following after subsection (4):

“(4A) (a) Where an accountable person deducts tax in relation to the purchase, intra-Community acquisition or importation of a qualifying vehicle in accordance with subsection (1)(a)(ix) and that person disposes of that qualifying vehicle within 2 years of that purchase, acquisition or importation, then that person shall be obliged to reduce the amount of the tax deductible by that person for the taxable period in which the vehicle is disposed of by an amount calculated in accordance with the following formula:

TD x (4-N)

where—

TD is the amount of tax deducted by that accountable person on the purchase, acquisition or importation of that vehicle, and

N is a number that is equal to the number of days from the date of purchase, acquisition or importation of the vehicle by that accountable person to the date of disposal by that person, divided by 182 and rounded down to the nearest whole number,

but if that N is greater than 4 then N shall be 4.

(b) Where an accountable person deducts tax in relation to the purchase, intra-Community acquisition or importation of a qualifying vehicle in accordance with subsection (1)(a)(ix) and the vehicle is subsequently used for less than 60 per cent business purposes in a taxable period, then that person is obliged to reduce the amount of tax deductible by that person for that taxable period by an amount calculated in accordance with the following formula:

TD x (4-N)

where—

TD is the amount of tax deducted by that accountable person on the purchase, acquisition or importation of that vehicle, and

N is a number that is equal to the number of days from the date of purchase, acquisition or importation of the vehicle by that accountable person to the first day of the taxable period in which the vehicle is used for less than 60 per cent business purposes, divided by 182 and rounded down to the nearest whole number,

but if that N is greater than 4 then N shall be 4.”.

74. Amendment of section 20 (refund of tax) of Principal Act.

74.— Section 20 of the Principal Act is amended—

(a) in subsection (5)(a) by substituting “unless they determine that the refund of that overpaid amount or part thereof would result in the unjust enrichment of the claimant” for “unless that refund would result in the unjust enrichment of the claimant”, and

(b) by substituting the following for paragraphs (b), (c) and (d) of subsection (5):

“(b) A person who claims a refund of an overpaid amount under this subsection shall make that claim in writing setting out full details of the circumstances of the case and identifying the overpaid amount in respect of each taxable period to which the claim relates. The claimant shall furnish such relevant documentation to support the claim as the Revenue Commissioners may request.

(c) (i) For the purposes of determining whether a refund of an overpaid amount or part thereof would result in the unjust enrichment of a claimant, the Revenue Commissioners shall have regard to—

(I) the extent to which the cost of the overpaid amount was, for practical purposes, passed on by the claimant to other persons in the price charged by that claimant for goods or services supplied by that claimant,

(II) any net loss of profits which they have reason to believe, based on their own analysis and on any information that may be provided to them by the claimant, was borne by the claimant due to the mistaken assumption made in the operation of the tax, and

(III) any other factors that the claimant brings to their attention in this context.

(ii) The Revenue Commissioners may request from the claimant all reasonable information relating to the circumstances giving rise to the claim as may assist them in reaching a determination for the purposes of subparagraph (i).

(d) Where, in accordance with paragraph (c), the Revenue Commissioners determine that a refund of an overpaid amount or part thereof would result in the unjust enrichment of a claimant, they shall refund only so much of the overpaid amount as would not result in the unjust enrichment of that claimant.”.

75. Amendment of section 32 (regulations) of Principal Act.

75.— Section 32 of the Principal Act is amended in subsection (1)—

(a) by inserting the following after paragraph (dc):

“(dca) the manner in which the travel agent’s margin scheme referred to in section 10C shall operate;”,

and

(b) by inserting the following after paragraph (dd):

“(dda) the manner in which the deduction entitlement referred to in section 12(1)(a)(ix) may be calculated;”.

76. Amendment of First Schedule to Principal Act.

76.— The First Schedule to the Principal Act is amended with effect from 1 January 2010 by deleting subparagraph (a) of paragraph (ix).

77. Amendment of Second Schedule to Principal Act.

77.— The Second Schedule to the Principal Act is amended—

(a) with effect from 1 January 2010 by inserting the following after paragraph (vib):

“(vic) services which are treated as intermediary services in accordance with section 10C(8);”,

and

(b) in paragraph (xii)—

(i) by substituting the following for clauses (I) and (II) of subparagraph (b):

“(I) tea and preparations thereof when supplied in non-drinkable form,

(II) cocoa, coffee and chicory and other roasted coffee substitutes, and preparations and extracts thereof, when supplied in non-drinkable form,”,

and

(ii) by inserting the following after subparagraph (b):

“(ba) tea and preparations thereof when supplied in drinkable form,

(bb) cocoa, coffee and chicory and other roasted coffee substitutes, and preparations and extracts thereof, when supplied in drinkable form,”.

PART 4 Stamp Duties

78. Interpretation (Part 4).

78.— In this Part “Principal Act” means the Stamp Duties Consolidation Act 1999.

79. Electronic stamping of instruments: further matters.

79.— (1) The Principal Act is amended—

(a) in section 1—

(i) by inserting the following after the definition of “ accountable person ”:

“ ‘ approved person ’ and ‘authorised person’ shall each be construed in accordance with section 917G of the Taxes Consolidation Act 1997;”,

(ii) by inserting the following after the definitions of “ ‘ executed’ and ‘execution’ ”:

“ ‘filer’, in relation to an instrument in respect of which a paper return is delivered to the Commissioners, means the person who would be the approved person or, as the case may be, the authorised person had the paper return been an electronic return;”,

and

(iii) by inserting the following after the definition of “ money”:

“ ‘paper return’ means a return in paper form that satisfies the requirements of an electronic return and is processed by the Commissioners through the e-stamping system;”,

and

(b) by inserting the following after section 8:

“Penalties: returns.

8A.— Where, in relation to an instrument, an approved person, authorised person or a filer, as the case may be, delivers an electronic return or a paper return, to the Commissioners which does not reflect the facts and circumstances of which the person is aware, affecting the liability of such instrument to duty or the amount of the duty with which such instrument is chargeable that are required by the Commissioners to be disclosed on such return, then such person shall incur a penalty of €3,000.”.

(2) The Finance Act 2008 is amended in section 111(1)—

(a) in paragraph (a)(iii) (which inserts a definition of “ stamp certificate ” into section 1 of the Principal Act) by substituting the following for the said definition of “ stamp cer tificate ”:

“ ‘ stamp certificate ’ means—

(a) a certificate issued electronically by the Commissioners by means of the e-stamping system, or

(b) a certificate processed electronically by the Commissioners through the e-stamping system and issued by them in paper form;”,

(b) in paragraph (c) (which amends section 8(2) of the Principal Act)—

(i) by substituting “such statement (other than where the Commissioners are required to express their opinion in relation to the chargeability of the instrument to duty in accordance with section 20) is not required to be delivered” for “such statement is not required to be delivered”, and

(ii) by substituting “retained by the accountable person for a period of 6 years” for “retained for a period of 4 years”,

in the said amendment to section 8(2),

and

(i) in paragraph (d) of the said section 17A—

(I) by substituting “electronic return or a paper return” for “electronic return”, and

(II) by deleting the word “otherwise”,

and

(ii) in paragraph (f)(i) of the said section 17A—

(I) by substituting “interest and penalty” for “penalty”, and

(II) by substituting “electronic return or paper return” for “electronic return”.

(3) (a) Subsection (1) of this section comes into operation on such day or days as the Minister for Finance may by order or orders appoint and different days may be appointed for different purposes or different provisions.

(b) The amendments (effected by subsection (2)) to sections 1, 8(2) and 17A of the Principal Act are deemed to have been made as on and from the passing of the Finance Act 2008 and shall come into operation in accordance with section 111(2) of the Finance Act 2008.

80. Amendment of section 5 (agreement as to payment of stamp duty on instruments) of Principal Act.

80.— (1) Section 5 of the Principal Act is amended in subsection (3)—

(a) by substituting the following for paragraph (a):

“(a) (i) is issued during the period the agreement is in force, where the agreement is one that relates to the issue of such instrument, or

(ii) is processed during the period the agreement is in force, where the agreement is one that relates to the processing of such instrument,

and”,

(b) by substituting “were issued or processed, as the case may be,” for “were issued”, and

“(3A) For the purposes of subsection (3) ‘ processed ’, in relation to an instrument that is a bill of exchange, means a bill of exchange that has been presented for payment and has been paid.”.

(2) This section applies as respects agreements (being agreements to which section 5 of the Principal Act relates) entered into on or after 1 January 2009.

81. Amendment of section 14 (penalty on stamping instruments after execution) of Principal Act.

81.— Section 14 of the Principal Act is amended by inserting the following after subsection (2)—

“(2A) (a) Subject to the conditions in paragraph (b) being satisfied, a penalty of €25 referred to in subsection (1) or a penalty referred to in subsection (2) shall not be payable in respect of any instrument, first executed before the passing of the Finance (No. 2) Act 2008, in respect of which the stamp duty chargeable has not been paid to the Commissioners before the passing of that Act.

(b) The conditions required to be satisfied by this paragraph are that—

(i) the instrument is delivered to the Commissioners for stamping before the expiration of the period of 56 days commencing on the passing of the Finance (No. 2) Act 2008(in this paragraph referred to as the ‘expiration date’), and

(ii) the stamp duty chargeable on the instrument is paid to the Commissioners, together with interest relating to such duty, on or before the expiration date.”.

82. Land: special provisions.

82.— (1) The Principal Act is amended—

(a) by inserting the following after section 31:

“Resting in contract.

31A.— (1) In this section—

‘ public private partnership arrangement ’ has the meaning assigned to it by section 3(1)(a) of the State Authorities (Public Private Partnership Arrangements) Act 2002;

‘ tax life ’, in relation to a building or structure, means the period referred to—

(a) in section 272(4) of the Taxes Consolidation Act 1997, or

(b) in that section as applied by section 843A(3), 372AX(2) or 373AY(4) of the Taxes Consolidation Act 1997,

in relation to the building or structure concerned.

(2) Where—

(a) the holder of an estate or interest in land in the State enters into a contract or agreement with another person for the sale of the estate or interest to that other person or to a nominee of that other person, and

(b) a payment which amounts to, or as the case may be payments which together amount to, 25 per cent or more of the consideration for the sale has been paid to, or at the direction of, the holder of the estate or interest at any time pursuant to the contract or agreement, and

(c) within 30 days of the first such time, a conveyance or transfer, made in conformity with the contract or agreement, and executed by the parties to the contract or agreement is not presented to the Commissioners for stamping with ad valorem duty chargeable on it,

then the contract or agreement shall be chargeable with the same ad valorem duty, to be paid by the other person, as if it were a conveyance or transfer of the estate or interest in the land.

(3) Subject to subsection (4), subsection (2) shall not apply to—

(a) a contract or agreement for the sale of a relevant interest (within the meaning of section 269 of the Taxes Consolidation Act 1997) in a building or a structure, entered into before the beginning of, or during, the tax life of the building or structure, being—

(i) a building or structure to which paragraph (g), (i), (j), (l) or (m) of section 268(1) of the Taxes Consolidation Act 1997 applies,

(ii) (I) a building or structure to which section 372AX of the Taxes Consolidation Act 1997 applies, or

(II) a qualifying premises to which section 372AY of the Taxes Consolidation Act 1997 applies,

(iii) a qualifying premises to which section 843A of the Taxes Consolidation Act 1997 applies,

(b) a contract or agreement for the sale of an interest in land entered into solely in connection with a public private partnership arrangement.

(4) Subsection (3) shall not apply to a contract or agreement for the sale of a relevant interest where such sale is, as the case may be, to a person—

(a) to whom paragraph (a), (b), (c) or (d) of subsection (1A), (1D) or (1E) of section 268 of the Taxes Consolidation Act 1997 applies,

(b) to whom section 372AZ(1)(a) of the Taxes Consolidation Act 1997 applies, or

(5) Where duty has been paid, in respect of a contract or agreement, in accordance with subsection (2), a conveyance or transfer made in conformity with the contract or agreement shall not be chargeable with any duty, and the Commissioners, on application, either shall denote the payment of the ad valorem duty on the conveyance or transfer, or shall transfer the ad valorem duty to the conveyance or transfer on production to them of the contract or agreement, duly stamped.

(6) The ad valorem duty paid on any contract or agreement, in accordance with subsection (2), shall be returned where it is shown to the satisfaction of the Commissioners that the contract or agreement has been rescinded or annulled.

Licence agreements.

31B.— (1) In this section—

‘ development ’, in relation to any land, means—

(a) the construction, demolition, extension, alteration or reconstruction of any building on the land, or

(b) any engineering or other operation in, on, over or under the land to adapt it for materially altered use;

‘ public private partnership arrangement ’ has the meaning assigned to it by section 3(1)(a) of the State Authorities (Public Private Partnership Arrangements) Act 2002.

(2) Where—

(a) the holder of an estate or interest in land in the State enters into an agreement with another person under which that other person, or a nominee of that other person, is entitled to enter onto the land to carry out development on that land, and

(b) by virtue of the agreement, otherwise than as consideration for the sale of all or part of the estate or interest in the land, the holder of the estate or interest in the land receives at any time a payment which amounts to, or as the case may be payments which together amount to, 25 per cent or more of the market value of the land concerned,

then within 30 days of the first such time, the agreement shall be chargeable with the same ad valorem duty, to be paid by that other person, as if it were a conveyance or transfer of the estate or interest in the land.

(3) Subsection (2) shall not apply to an agreement, to which this section applies, entered into solely in connection with a public private partnership arrangement.

(4) The ad valorem duty paid on any agreement, in accordance with subsection (2), shall be returned where it is shown to the satisfaction of the Commissioners that the agreement has been rescinded or annulled.”,

(b) by deleting section 36,

“Agreements for more than 35 years charged as leases.

50A.— (1) In this section ‘ public private partnership arrangement ’ has the meaning assigned to it by section 3(1)(a) of the State Authorities (Public Private Partnership Arrangements) Act 2002.

(2) An agreement for a lease or with respect to the letting of any lands, tenements, or heritable subjects for any term exceeding 35 years, shall be charged with the same duty as if it were an actual lease made for the term and consideration mentioned in the agreement where 25 per cent or more of that consideration has been paid.

(3) Subsection (2) shall not apply to an agreement for a lease entered into solely in connection with a public private partnership arrangement.

(4) Where duty has been paid, in respect of an agreement for a lease, in accordance with subsection (2), a lease made in conformity with the agreement for a lease shall not be chargeable with any duty, and the Commissioners, on application, either shall denote the payment of the ad valorem duty on the lease, or shall transfer the ad valorem duty to the lease on production to them of the agreement for a lease, duly stamped.

(5) The ad valorem duty paid on any agreement for a lease, in accordance with subsection (2), shall be returned where it is shown to the satisfaction of the Commissioners that the agreement for a lease has been rescinded or annulled.”,

and

(d) by substituting “section 50 or 50A” for “section 50” in paragraph (4) of the Heading “LEASE” in Schedule 1.

(2) Section 110 of the Finance Act 2007 is repealed as on and from the passing of this Act.

(3) Subject to subsection (2), this section comes into operation on such day or days as the Minister for Finance may by order appoint and different days may be appointed for different purposes or different provisions.

83. Amendment of section 34 (agreements in connection with, or in contemplation of, sale) of Principal Act.

83.— (1) Section 34 of the Principal Act is amended—

(a) by substituting “Notwithstanding section 37, where,” for “Where,”,

(b) by substituting “a sale of property, or an exchange of property within the meaning of section 37, as the case may be,” for “a sale of property,”, and

(2) This section applies as respects conveyances or transfers executed on or after 20 November 2008.

84. Amendment of section 81AA (transfers to young trained farmers) of Principal Act.

84.— Section 81AA of the Principal Act is amended in subsection (16) by substituting “31 December 2012” for “31 December 2008”.

85. Amendment of section 81C (further farm consolidation relief) of Principal Act.

85.— Section 81C of the Principal Act is amended in subsection (12) by substituting “30 June 2011” for “30 June 2009”.

86. Amendment of Part 9 (levies) of Principal Act.

86.— (1) Part 9 of the Principal Act is amended—

(a) in section 123B(4)—

(i) in paragraphs (a) and (b) by substituting “€2.50” for “€5” (inserted by the Finance Act 2008), and

(ii) in paragraph (c) by substituting “€5” for “€10” (as so inserted),

and

(b) in section 123C(1) by substituting the following for the second-mentioned reference to B in the definition of “ preliminary duty ”:

“B is—

(a) 40 per cent where the base period is 2007, or

(b) 80 per cent where the base period is a subsequent year;”.

(2) Subsection (1)(a) has effect as respects any statement that falls to be delivered by a bank or building society after 31 December 2008.

87. Amendment of Schedule 1 to Principal Act.

87.— (1) Schedule 1 to the Principal Act is amended—

(a) under the Heading “BILL OF EXCHANGE” by substituting “€0.50” for “€0.30”,

(b) by substituting the following for the provisions (other than the exemption for a foreign loan security) under the Heading “CONVEYANCE or TRANSFER on sale of any stocks or marketable securities”:

“(1) Where the amount or value of the consideration for the sale which is attributable to stocks or marketable securities does not exceed €1,000 and the instrument contains a statement certifying that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to stocks or marketable securities exceeds €1,000: for the consideration which is attributable to stocks or marketable securities	Exempt.
(2) Where paragraph (1) does not apply: for the consideration which is attributable to stocks or marketable securities	1 per cent of the consideration but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.”,

“(1) Where the amount or value of the consideration for the sale which is attributable to stocks or marketable securities does not exceed €1,000 and the instrument contains a statement certifying that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to stocks or marketable securities exceeds €1,000: for the consideration which is attributable to stocks or marketable securities

Exempt.

(2) Where paragraph (1) does not apply: for the consideration which is attributable to stocks or marketable securities

1 per cent of the consideration but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall, if less than €1, be rounded up to €1 and, if more than €1, be rounded down to the nearest €.”,

(c) by substituting the following for paragraphs (13), (14), (14A) and (14B) under the Heading “CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or apolicy of life insurance”:

“(13) Where paragraphs (7) to (12) do not apply and the amount or value of the consideration for the sale is wholly or partly attributable to property which is not residential property	6 per cent of the consideration which is attributable to property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”,

and

(d) by substituting the following for clauses (vii), (viii), (ix) and (x) of subparagraph (b) of paragraph (3) under the Heading “LEASE”:

“(vii) the amount or value of such consideration is wholly or partly attributable to property which is not residential property and clauses (i) to (vi) do not apply.........	6 per cent of the consideration which is attributable to property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.”.

(2) (a) Subsection (1)(a) applies as respects bills of exchange drawn on or after 15 October 2008.

(b) Subsection (1)(b) applies as respects instruments executed on or after the date of the passing of this Act.

PART 5 Capital Acquisitions Tax

88. Interpretation (Part 5).

88.— In this Part “ Principal Act ” means the Capital Acquisitions Tax Consolidation Act 2003.

89. Amendment of section 89 (provisions relating to agricultural property) of Principal Act.

89.— (1) Section 89 of the Principal Act is amended, in paragraph (a) of the definition of “ agricultural property ” in subsection (1) and in the definition of “ farmer ” in that subsection, by substituting “in a Member State” for “in the State”.

(2) This section applies to gifts and inheritances taken on or after 20 November 2008.

90. Capital acquisitions: rate of charge.

90.— (1) The Table in Part 2 of Schedule 2 to the Principal Act is amended by substituting “22” for “20”.

(2) This section applies to gifts and inheritances taken on or after 20 November 2008.

PART 6 Miscellaneous

91. Interpretation (Part 6).

91.— In this Part “ Principal Act ” means the Taxes Consolidation Act 1997.

92. Revenue powers.

92.— The Principal Act is amended—

(a) in section 891B(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”:

“(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971, or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section,”,

(b) in section 900 by substituting the following for subsection (4):

“(4) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer—

(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,

(b) information of a confidential medical nature, or

(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”,

“(3) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer—

(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,

(b) information of a confidential medical nature, or

(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”,

(d) in section 902 by substituting the following for subsection (9):

“(9) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer—

(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,

(b) information of a confidential medical nature, or

(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”,

(e) in section 902A by substituting the following for subsection (6):

“(6) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer—

(a) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,

(b) information of a confidential medical nature, or

(c) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”,

(f) in section 905(2) by substituting the following for paragraph (c):

“(c) Nothing in this section shall be construed as requiring any person to disclose to an authorised officer—

(i) information with respect to which a claim to legal professional privilege could be maintained in legal proceedings,

(ii) information of a confidential medical nature, or

(iii) professional advice of a confidential nature given to a client (other than advice given as part of a dishonest, fraudulent or criminal purpose).”,

(g) in section 906A(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”:

(h) in section 908A(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”:

(i) in section 908B(1) by substituting the following for paragraph (a) of the definition of “ financial institution ”:

(j) in section 1002(1) by substituting the following for the definition of “ financial institution ”:

“ ‘ financial institution’ means —

(a) a person who holds or has held a licence under section 9 of the Central Bank Act 1971, or a person who holds or has held a licence or other similar authorisation under the law of any other Member State of the European Communities which corresponds to a licence granted under that section,

(b) a person referred to in section 7(4) of the Central Bank Act 1971,

(c) a credit institution (within the meaning of the European Communities (Licensing and Supervision of Credit Institutions) Regulations 1992 (S.I. No. 395 of 1992)) which has been authorised by the Central Bank and Financial Services Authority of Ireland to carry on business of a credit institution in accordance with the provisions of the supervisory enactments (within the meaning of those Regulations), or

(d) a branch of a financial institution which records deposits in its books as liabilities of the branch;”,

and

(k) in section 1078(3B) by inserting “within a period of 30 days commencing on the day the order is made” after “in subsection (3A)”.

93. Returns in relation to settlements and trustees.

93.— The Principal Act is amended by inserting the following after section 896:

“896A.— (1) In this section—

‘ authorised officer ’ means an officer of the Revenue Commissioners authorised by them in writing to exercise the powers conferred on them by this section;

‘ settlement ’ and ‘ settlor ’ have the same meanings respectively as in section 10.

(2) Where any person, in the course of a trade or profession carried on by that person, has been concerned with the making of a settlement and knows or has reason to believe that, at the time of the making of the settlement—

(a) the settlor was resident or ordinarily resident in the State, and

(b) the trustees of the settlement were not resident in the State,

then that person shall, within the period specified in subsection (3), deliver to the appropriate inspector (within the meaning assigned by section 894(1)) a statement specifying—

(i) the name and address of the settlor,

(ii) the names and addresses of the persons who are the trustees of the settlement, and

(iii) the date on which the settlement was made or created.

(3) The statement referred to in subsection (2) shall be delivered—

(a) in a case where the settlement is one made on or after the date of the passing of the Finance (No. 2) Act 2008, within 4 months of the date of the making of the settlement, or

(b) in a case where the settlement is one made within the 5 year period prior to the passing of the Finance (No. 2) Act 2008, within 6 months of the date of the passing of the Act.

(4) For the purposes of this section trustees of a settlement shall be regarded as not resident in the State unless the general administration of the settlement is ordinarily carried on in the State and the trustees or a majority of each class of trustees are for the time being resident in the State.

(5) An authorised officer may by notice in writing require any person, whom the authorised officer has reason to believe has information relating to a settlement, to furnish to the authorised officer such information within such time as the authorised officer may direct.”.

94. Donations of heritage items and heritage property.

94.— (1) Chapter 5 of Part 42 of the Principal Act is amended—

(a) in section 1003(5) by substituting “an amount equal to 80 per cent of the market value” for “an amount equal to the market value”, and

(b) in section 1003A(5) by substituting “an amount equal to 80 per cent of the market value” for “an amount equal to the market value”.

(2) Subsection (1) applies—

(a) in the case of paragraph (a) of that subsection, as respects any determination made under section 1003(2)(a) of the Principal Act by the selection committee (within the meaning of that section), on or after 1 January 2009, and

(b) in the case of paragraph (b) of that subsection, as respects any determination made under section 1003A(2)(a) of the Principal Act by the Minister for the Environment, Heritage and Local Government, on or after 1 January 2009.

95. Amendment of section 811A (transactions to avoid liability to tax: surcharge, interest and protective notification) of Principal Act.

95.— Section 811A of the Principal Act is amended by inserting the following after subsection (6):

“(6A) 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 the Revenue Commissioners, and references in this section to the Revenue Commissioners shall with any necessary modifications be construed as including references to an officer so nominated.”.

96. Miscellaneous amendments: incentive to pay and file electronically.

96.— (1) The enactments specified in Schedule 3 are amended to the extent and in the manner specified in paragraphs 1 and 2 of that Schedule.

(2) This section and Schedule 3 have effect as on and from 1 January 2009.

97. Miscellaneous amendments relating to collection and recovery of tax.

97.— The enactments specified in Schedule 4 are amended to the extent and manner specified in paragraphs 1 to 6 of, and the Table to, that Schedule.

98. Miscellaneous amendments in relation to penalties.

98.— (1) The enactments specified in Schedule 5 are amended or repealed to the extent and manner specified in that Schedule and, unless the contrary is stated, shall come into effect after the passing of this Act.

(2) Notwithstanding subsection (1), as respects subparagraph (ar) of paragraph 2 of Schedule 5—

(a) clauses (i), (iv), (v) and (vi) of that subparagraph shall apply as respects penalties, as are referred to in paragraphs (a) and (b) of section 1086(2), which are imposed or determined by a court on or after the passing of this Act, and

(b) clauses (ii) and (iii) of that subparagraph shall apply as respects specified sums, as are referred to in paragraphs (c) and (d) of section 1086(2), which the Revenue Commissioners accepted, or undertook to accept, in settlement of a specified liability on or after the passing of this Act.

99. Miscellaneous technical amendments in relation to tax.

99.— The enactments specified in Schedule 6—

(a) are amended to the extent and in the manner specified in paragraphs 1 to 6 of that Schedule, and

(b) apply and come into operation in accordance with paragraph 7 of that Schedule.

100. Capital Services Redemption Account.

100.— (1) In this section—

“ capital services ” has the same meaning as it has in the principal section;

“ fifty-sixth additional annuity ” means the sum charged on the Central Fund under subsection (2);

“ principal section ” means section 22 of the Finance Act 1950.

(2) A sum of €403,709,206 to redeem borrowings, and interest on such borrowings, in respect of capital services shall be charged annually on the Central Fund or the growing produce of that Fund in the thirty successive financial years commencing with the financial year ending on 31 December 2009.

(3) The fifty-sixth additional annuity shall be paid into the Capital Services Redemption Account in such manner and at such times in the relevant financial year as the Minister for Finance may determine.

(4) Any amount of the fifty-sixth additional annuity, not exceeding €310,300,000 in any financial year, may be applied toward defraying the interest on the public debt.

(5) The balance of the fifty-sixth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.

101. Care and management of taxes and duties.

101.— All taxes and duties imposed by this Act are placed under the care and management of the Revenue Commissioners.

102. Short title, construction and commencement.

102.— (1) This Act may be cited as the Finance (No. 2) Act 2008.

(2) Part 1 shall be construed together with—

(a) in so far as it relates to income tax, income levy and parking levy, the Income Tax Acts,

(b) in so far as it relates to corporation tax, the Corporation Tax Acts, and

(3) Part 2, in so far as it relates to duties of excise, shall be construed together with the statutes which relate to those duties and to the management of those duties.

(4) Part 3 shall be construed together with the Value-Added Tax Acts 1972 to 2008 and may be cited together with those Acts as the Value-Added Tax Acts.

(5) Part 4 shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act.

(6) Part 5 shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

(7) Part 6 in so far as it relates to—

(a) income tax, shall be construed together with the Income Tax Acts,

(b) corporation tax, shall be construed together with the Corporation Tax Acts,

(d) customs, shall be construed together with the Custom Acts,

(e) duties of excise, shall be construed together with the statutes which relate to duties of excise and the management of those duties,

(f) value-added tax, shall be construed together with the Value-Added Tax Acts,

(g) stamp duty, shall be construed together with the Stamp Duties Consolidation Act 1999 and the enactments amending or extending that Act,

(h) residential property tax, shall be construed together with Part VI of the Finance Act 1983 and the enactments amending or extending that Part, and

(i) gift tax or inheritance tax, shall be construed together with the Capital Acquisitions Tax Consolidation Act 2003 and the enactments amending or extending that Act.

(8) Except where otherwise expressly provided in Part 1, that Part is deemed to have come into force and takes effect as on and from 1 January 2009.

(9) Except where otherwise expressly provided for, where a provision of this Act is to come into operation on the making of an order by the Minister for Finance, that provision shall come into operation on such day or days as the Minister for Finance shall appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE 1 Repeals Relating to Excise Law

Number and Year	Short title	Extent of repeal
(1)	(2)	(3)
No. 15 of 1947	Finance Act 1947	Sections 11, 12 and 13
No. 14 of 1980	Finance Act 1980	In Part IV of the Seventh Schedule, the entries in columns numbered (2) to (5) opposite reference numbers 1, 2 and 3 (which relate to auctioneers’ licences, auction permits and house agents’ licences, respectively)
No. 15 of 1983	Finance Act 1983	Section 66
No. 10 of 1989	Finance Act 1989	Section 47(4)(a) and, in Part IV of the Sixth Schedule, the entries in columns numbered (2) to (5) opposite reference numbers 1, 2 and 3 (which relate to auctioneers’ licences, auction permits and house agents’ licences, respectively)
No. 9 of 1992	Finance Act 1992	In Part IV of the Sixth Schedule, the entries in columns numbered (2) to (5) opposite reference numbers 1, 2 and 3 (which relate to auctioneers’ licences, auction permits and house agents’ licences, respectively)
No. 13 of 1993	Finance Act 1993	Section 79(4)

SCHEDULE 2 Excise Licences

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