Legalize / Ireland / Act

Finance Act 2012

Type Act

Publication 2012-03-31

State In force

Source Irish Statute Book

articles 141

Reform history JSON API

(d) in section 153(2) by substituting “section 97” for “section 97(1)”,

(e) in section 153(2)(e) by substituting “registered consignee” for “registered trader”,

(f) in section 153(2) by deleting paragraph (f),

(g) in section 153(2) by substituting the following for paragraph (h):

“(h) specifying in relation to the electronic administrative document (within the meaning of Chapter 2A) and movements of excisable products between Member States under a suspension arrangement—

(i) the correct completion of that document and the person responsible for that completion,

(ii) the submission of that document and the cancellation or amendment of that document after it is submitted,

(iii) the submission of a report of receipt or report of export (both within the meaning of Chapter 2A),

(iv) the confirmation of receipt or export where the computerised system is unavailable,”,

(h) in section 153(2) by deleting paragraph (i),

(i) in section 153(2)(j) by substituting “the simplified accompanying document” for “such accompanying document”,

(j) in section 153(2) by deleting paragraph (k),

(k) in section 153(2)(l) by substituting “section 109J(7)” for “section 117”,

(l) in section 153(2)(t) by substituting “section 104(5)” for “section 105”, and

(m) in section 153(2)(t)(iv) by deleting “as provided for in section 117,”.

75. Amendment of Chapter 1 (alcohol products tax) of Part 2 of Finance Act 2003.

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

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

“ ‘illicit alcohol product’ means any alcohol product—

(a) that has, contrary to the requirements of section 108A of the Finance Act 2001, been produced or processed in the State, otherwise than in a tax warehouse, or

(b) that is counterfeit goods;”,

(b) in section 75 by substituting the following for subsection (1):

“(1) Subject to the provisions of this Chapter and any regulations made under it, a duty of excise, to be known as alcohol products tax, shall be charged, levied and paid, at the rates specified in Schedule 2, on all alcohol products—

(a) released for consumption in the State, or

(b) released for consumption in another Member State and brought into the State.

(1A) Subsection (1)(b) does not apply to any alcohol products that have been released for consumption in another Member State and which are held on board a ship or aircraft making a sea crossing between another Member State and the State, where such alcohol products are not available for sale or supply while the ship or aircraft is within the territory of the State.”,

“(aa) to be delivered for shipment for use as stores on board a ship or aircraft on a journey from a place in the State to a place outside the State,”,

(d) in section 78(3) by substituting the following for paragraph (b):

“(b) Except where the Commissioners may, in any particular case, allow, a repayment claim shall be made within 6 months following the end of the period referred to in paragraph (a).”,

(e) in section 79(1) by substituting “It is an offence under this subsection” for “Except where subsection (2), (3) or (5) applies, it is an offence under this subsection”,

(f) in section 79 by deleting subsections (3) and (4),

(g) in section 79(5) by substituting the following for paragraph (d):

“(d) to keep prohibited goods on any premises or other land or on any vehicle, or”,

and

(h) by deleting section 82.

76. Amendment of Chapter 3 (tobacco products tax) of Part 2 of Finance Act 2005.

76.— Chapter 3 of Part 2 of the Finance Act 2005 is amended—

(a) in section 71(1) by deleting the definition of “tax representative”,

(b) in section 71 by deleting subsections (2) and (4),

“72.— (1) Subject to the provisions of this Chapter and any regulations made under it, a duty of excise, to be known as tobacco products tax, shall be charged, levied and paid, at the rates specified in Schedule 2, on all tobacco products—

(a) released for consumption in the State, or

(b) released for consumption in another Member State and brought into the State.

(2) Subsection (1)(b) does not apply to any tobacco products that have been released for consumption in another Member State and which are held on board a ship or aircraft making a sea crossing between another Member State and the State, where such tobacco products are not available for sale or supply while the ship or aircraft is within the territory of the State.”,

(d) in section 75 by substituting the following for subsections (3) and (4):

“(3) Where a price does not for the time being stand declared under subsection (2), the Commissioners may, in relation to the cigarettes concerned, determine a price to be taken, for the purposes of this Chapter, as the price at which such cigarettes are sold by retail.

(4) Where a price has been declared under subsection (2), or determined by the Commissioners under subsection (3), a manufacturer or importer of tobacco products shall not recommend, expressly or by implication, that the cigarettes concerned are sold by retail at a price higher than the price so declared or determined.”,

(e) in section 76 by substituting the following for subsection (1):

“(1) In this section ‘appropriate tax stamp’ means a tax stamp in respect of which an amount equivalent to the tax chargeable, on the pack of tobacco products to which that tax stamp is to be affixed, has been paid.

(1A) Subject to subsection (1B), all specified tobacco products that are intended for sale, delivery or consumption in the State shall have an appropriate tax stamp affixed by the manufacturer to each pack in which the specified tobacco products concerned are intended to be put up for retail sale.

(1B) Subsection (1A) shall not apply to specified tobacco products that—

(a) have been acquired by a private individual in another Member State and are relieved from excise duty under section 104(2) of the Finance Act 2001,

(b) are exempted from value-added tax and excise duty under the European Communities (Tax Exemption for Certain Non-Commercial Goods Imported in the Personal Luggage of Travellers from Third Countries) Regulations 2008 (S.I. No. 480 of 2008),

(d) under section 73(2), are subject to the provisions of this Chapter governing other tobacco products.”,

(f) by substituting the following for section 77—

“Reliefs.

77.— (1) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from tobacco products tax shall be granted on any tobacco products that are shown to the satisfaction of the Commissioners—

(a) to have been destroyed in accordance with their requirements,

(b) to have been rendered unfit for use as tobacco products, and used for industrial or horticultural purposes,

(d) to be intended for use, or to have been used, solely for scientific tests or for tests connected with product quality, or

(e) to be delivered for shipment for use as stores on board a ship or aircraft on a journey from a place in the State to a place outside the State.

(2) Subject to such conditions as they may prescribe or otherwise impose, the Commissioners shall repay any amount paid, and remit any amount due, under section 73(3), on the issue of tax stamps that have been shown to the satisfaction of the Commissioners to have been—

(a) destroyed, damaged or otherwise rendered unsuitable for use as tax stamps, or

(b) affixed to specified tobacco products that have been the subject of an irregularity, within the meaning of Article 38 of Council Directive No. 2008/118/EC of 16 December 2008 [^9], in another Member State, and where excise duty on such products has been paid in another Member State.

(3) (a) For the purposes of the relief under subsection (1)(c), except where paragraph (b) applies, the amount repayable shall be the full amount of tax paid on the tobacco products concerned.

(b) For the purposes of the relief under subsection (1)(c), where on the day the tobacco products concerned are returned to the tax warehouse, the rate of tax on any of those tobacco products is lower than that at which the tax was paid, the amount repayable in respect of those tobacco products shall be calculated at that lower rate.

(4) (a) Claims for repayment under subsection (1) or (2) shall be made in such form as the Commissioners may direct and shall be in respect of qualifying events, giving rise to the relief concerned, occurring within a period of 3 months.

(b) Except where the Commissioners may, in any particular case, allow, a repayment claim shall be made within 6 months following the end of the period referred to in paragraph (a).”,

(g) in section 78(1) by substituting “It is an offence under this subsection” for “Except where subsection (4) or (5) applies, it is an offence under this subsection”,

(h) in section 80(1) by substituting “The Commissioners” for “Subject to subsection (2), the Commissioners”,

(i) in section 80 by deleting subsection (2),

(j) by deleting section 82, and

(k) in section 83(1A) by substituting “Council Directive No. 2011/64/EU of 21 June 2011 [^10]” for “Council Directive No. 92/79/EEC of 19 October 1992 [^11], Council Directive No. 92/80/EEC of 19 October 1992 [^12] and Council Directive No. 95/59/EC of 27 November 1995 [^13]”.

77. Amendment of Chapter 1 (consolidation and modernisation of betting law) of Part 2 of Finance Act 2002.

77.— Chapter 1 of Part 2 of the Finance Act 2002 is amended by deleting sections 72, 73, 73A, 74, 75, 75A and 76.

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

78.— (1) Chapter 1 of Part 2 of the Finance Act 1999 is amended—

(a) in section 94(1) by deleting the definitions of “business use”, “charitable organisation”, “dual use”, “energy intensive business”, “horticultural produce”, “horticultural producer”, “household”, “land”, “mineralogical process” and “ships’ stores”,

(b) in section 94(1) by substituting the following for the definition of “ASTM”:

“ ‘ASTM’ means ASTM International (formerly known as the American Society for Testing and Materials);”,

“ ‘biofuel’ means any substitute fuel made from biomass;”,

(d) in section 94(1) by substituting the following for the definition of “coal”:

“ ‘coal’ includes coal and lignite, solid fuel manufactured from coal and lignite, and any other energy product within the meaning of Article 2.1 of the Directive in solid form;”,

(e) in section 94(1) by substituting the following for the definition of “dumper”:

“ ‘dumper’ means a vehicle described in paragraph 2(a) of Part 1 of the Schedule to the Finance (Excise Duties)(Vehicles) Act 1952;”,

(f) in section 94(1) by inserting the following after the definition of “fuel oil”:

“ ‘gas oil’ means heavy oil of which not more than 50 per cent by volume distils at a temperature not exceeding 240 degrees Celsius and of which more than 50 per cent by volume distils at a temperature not exceeding 340 degrees Celsius;”,

(g) in section 94(1) by substituting the following for the definition of “marker”:

“ ‘marker’ means any substance that is required, under excise law or by another Member State, to be added to mineral oil for the purpose of identifying that mineral oil as being for use otherwise than as a propellant;”,

(h) in section 94(1) by substituting the following for the definition of “mineral oil”:

“ ‘mineral oil’ means hydrocarbon oil, liquefied petroleum gas, substitute fuel and additives;”,

(i) in section 94(1) by substituting the following for the definition of “off-road dumper”:

“ ‘off-road dumper’ means a vehicle described in paragraph 2(b) of Part 1 of the Schedule to the Finance (Excise Duties)(Vehicles) Act 1952;”,

(j) in section 94(1) by substituting the following for the definition of “propellant”:

“ ‘propellant’ means—

(a) in relation to mineral oil in the State, mineral oil used for combustion in the engine of a motor vehicle, or

(b) in relation to mineral oil in another Member State, mineral oil that is subject to a minimum rate specified for motor fuel under Article 7.1 and Annex 1 Table A of the Directive;”,

(k) in section 94(1) by substituting the following for the definition of “special container”:

“ ‘special container’ means any freight container fitted with specially designed apparatus for the purpose of refrigeration, oxygenation, thermal insulation or other similar purposes;”,

(l) in section 94(1) by substituting the following for the definition of “substitute fuel”:

“ ‘substitute fuel’ means any product in liquid form, other than—

(a) a mineral oil of a description for which a rate is specified in Schedule 2, or

(b) an additive,

that is used, intended for use, or suitable for use as motor or heating fuel;”,

(m) in section 94 by substituting the following for subsection (2):

“(2) (a) In this Chapter ‘fuel tank’ means any tank or other vessel in or on a motor vehicle, which is used, or is capable of being used, to supply fuel for combustion—

(i) in the engine of the motor vehicle for the purposes of propulsion of that vehicle, or

(ii) in the engine of another motor vehicle which can provide traction for those purposes.

(b) For the purposes of paragraph (a) it shall be presumed, until the contrary is shown, that a tank or other vessel referred to in that paragraph is capable of being used to supply fuel for the purposes of propulsion if there is any outlet from the tank or vessel other than—

(i) an outlet which is permanently and solely for the supply of fuel for refrigeration, oxygenation, thermal insulation or other specialised systems in or on the motor vehicle, or

(ii) in the case of an oil road tanker, an outlet which is solely for discharging fuel from the tanker.”,

(n) by substituting the following for section 95:

“95.— (1) Subject to the provisions of this Chapter, and any regulations made under it, a duty of excise, to be known as mineral oil tax, shall be charged, levied and paid—

(a) on all mineral oil—

(i) released for consumption in the State, or

(ii) released for consumption in another Member State, and brought into the State,

and

(b) on all coal that is brought into, or produced in, the State.

(2) Liability to mineral oil tax on mineral oil shall arise at the time when that mineral oil is—

(a) released for consumption in the State, or

(b) following release for consumption in another Member State, brought into the State.

(3) For the purposes of charging mineral oil tax on mineral oil, the volume of mineral oil shall be ascertained at a temperature of 15 degrees Celsius and in the manner specified by the Commissioners.

(4) Any mineral oil that is the product of recycling is liable to mineral oil tax in accordance with section 96(3), and no allowance shall be made for any mineral oil tax that may have been paid on the mineral oil that was subjected to recycling.

(5) Notwithstanding the generality of subsection (1), only mineral oil and coal which come within the definition of ‘energy products’ in Article 2.1 of the Directive, substitute fuel and additives shall be subject to mineral oil tax.”,

(o) by deleting section 95A,

(p) in section 96 by substituting the following for subsection (3):

“(3) The rate of mineral oil tax charged on recycled mineral oil under section 95(4) shall be—

(a) where that mineral oil is used, or intended for use, as a propellant, the rate specified in Schedule 2 for heavy oil used as a propellant, and

(b) where that mineral oil is used, or intended for use, otherwise than as a propellant, the rate so specified for other heavy oil.”,

(q) by substituting the following for section 100:

“100.— (1) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from mineral oil tax shall be granted on any mineral oil that is shown to the satisfaction of the Commissioners—

(a) to be intended for use, or to have been used, for purposes other than motor or heating fuel,

(b) to be intended for use, or to have been used, for chemical reduction or in electrolytic or metallurgical processes,

(c) to be mineral oil in respect of which the Minister thinks it proper to repay or remit mineral oil tax or part of that tax to the extent that the Minister thinks proper,

(d) to be intended for use, or to have been used, by a manufacturer in the production of mineral oil,

(e) to be heavy oil which is intended for use, or which has been used, in aircraft engines during testing and maintenance of those engines, or

(f) to be intended solely for use, or to have been solely used, to produce electricity, where that electricity is subject to electricity tax under section 58(1) of the Finance Act 2008 or is supplied for consumption outside the State.

(2) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from mineral oil tax shall be granted on any mineral oil that is shown to the satisfaction of the Commissioners—

(a) to be intended for use, or to have been used, as fuel for the purpose of sea navigation, including sea-fishing but not including private pleasure navigation, or

(b) to be heavy oil intended for use, or to have been used, as fuel for the purpose of air navigation other than private pleasure flying.

(3) The relief under subsection (2)(a) applies to mineral oil used for heating, refrigeration or thermal insulation on board ships and boats, but does not apply to mineral oil used for industrial purposes on floating structures designed for those purposes.

(4) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from mineral oil tax shall be granted on any mineral oil that is—

(a) present in the fuel tank of a motor vehicle, at the time that vehicle is brought into the State from another Member State by a private individual, or in a single portable vessel with a capacity of not more than 10 litres that is in that vehicle at that time, where the mineral oil has, in that Member State, been released for consumption as a propellant,

(b) present in the standard tank of a commercial motor vehicle, or any other commercial mechanically propelled vehicle, at the time that vehicle is brought into the State from another Member State, where that mineral oil has been—

(i) released for consumption as a propellant in another Member State, or

(ii) released for consumption otherwise than as a propellant in another Member State and is permitted, under the law in force in that Member State, to be used in that vehicle,

(c) present in the standard tank of a craft used for private pleasure navigation at the time that craft is brought into the State from another Member State by a private individual, including any such mineral oil that has been marked in accordance with the requirements of that other Member State, where the use for private pleasure navigation of mineral oil so marked is permitted by that Member State.

(5) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from the carbon charge shall apply—

(a) to any mineral oil that is shown to the satisfaction of the Commissioners to be biofuel, and

(b) where biofuel has been mixed or blended with any other mineral oil, to the biofuel content of any such mixture or blend.

(6) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from the carbon charge shall apply to any mineral oil that is shown to the satisfaction of the Commissioners to be intended for use, or to have been used—

(a) in an installation that is covered by a greenhouse gas emissions permit, or

(b) for environmentally friendly heat and power cogeneration (other than micro-cogeneration within the meaning of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 [^14]), where it is determined, by a competent authority designated for the purpose by the Minister, that such cogeneration meets the requirements for high-efficiency cogeneration under Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004.

(7) Where mineral oil is eligible for relief under any provision of this section, effect may be given to that relief by means of remission or repayment of mineral oil tax.

(8) (a) Claims for repayment under subsection (7) shall be made in such form as the Commissioners may direct and shall be in respect of mineral oil used within a period of not less than one and not more than 6 months.

(b) Except where the Commissioners may in any particular case allow, a repayment claim shall be made within 4 months following the end of the period referred to in paragraph (a).”,

(r) by inserting the following after section 100:

“Mineral oil tax on coal.

100A.— (1) In this section—

‘business use’, subject to Article 11 of the Directive, means use by a business entity which independently carries out, in any place, the supply of goods and services;

‘charitable organisation’ means any body of persons, or trust, established for charitable purposes;

‘dual use’ means use both as a heating fuel and for purposes other than as a motor fuel and heating fuel and includes use for chemical reduction and in electrolytic and metallurgical processes;

‘energy intensive business’ means any business entity where either the purchases of energy products and electricity amount to at least 3 per cent of the production value, or the mineral oil tax payable amounts to at least 0.5 per cent of the added value;

‘household’ means a premises used as a dwelling;

‘mineralogical process’ means a process classified in the NACE nomenclature under code DI 26 ‘manufacture of other non-metallic mineral products’ in Council Regulation (EEC) No. 3037/90 of 9 October 1990 [^15] on the statistical classification of economic activities in the European Community.

(2) Liability to mineral oil tax on coal shall arise at the time that coal is the subject of final delivery, and shall be paid by the person to whom it is delivered.

(3) Every person who makes final delivery of coal, otherwise than to households or to charitable organisations, and every person who is liable to pay mineral oil tax on coal, shall register for that purpose with the Commissioners in accordance with such procedures as the Commissioners may prescribe or otherwise impose.

(4) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from mineral oil tax shall be granted in respect of coal which is shown to the satisfaction of the Commissioners to be intended for use or to have been used—

(a) for the generation of electricity,

(b) for combined heat and power generation,

(d) for dual use,

(e) for mineralogical processes,

(f) for household use,

(g) by a charitable organisation,

(h) as fuel for trains,

(i) by an energy intensive business which holds a greenhouse gas emissions permit, or

(j) for purposes other than as motor or heating fuel.

(5) Without prejudice to subsection (4), and subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from mineral oil tax amounting to one-half of the chargeable rate shall be granted in respect of coal which is shown to the satisfaction of the Commissioners to be intended for use, or to have been used, by a business that is not an energy intensive business and that holds a greenhouse gas emissions permit.

(6) Where coal is eligible for relief under any provision of this section, effect may be given to that relief by means of remission or repayment of mineral oil tax.

(7) (a) Claims for repayment under subsection (6) shall be made in such form as the Commissioners may direct and shall be in respect of coal delivered within a period of not less than one and not more than 6 months.

(b) Except where the Commissioners may in any particular case allow, a repayment claim shall be made within 4 months following the period referred to in paragraph (a).”,

(s) by substituting the following for section 101:

“Licensing of mineral oil traders.

101.— (1) Every person who—

(a) produces, sells or deals in,

(b) keeps for sale or delivery, or

any mineral oil (other than additives) for use as a propellant, or any aviation gasoline, shall hold a licence (in this section referred to as an ‘auto-fuel trader’s licence’) granted by the Commissioners under this section.

(2) Every person who—

(a) produces, sells or deals in,

(b) keeps for sale or delivery, or

any gas oil or kerosene that is, under section 97, liable to a rate lower than the appropriate standard rate, shall hold a licence (in this section referred to as a ‘marked fuel trader’s licence’) granted by the Commissioners under this section.

(3) For the purposes of subsections (1) and (2), a person must hold a separate auto-fuel trader’s licence or marked fuel trader’s licence for each premises in which the mineral oil concerned is produced and each premises or, in the case of a marked fuel trader’s licence, place, in which it is—

(a) sold or dealt in, or

(b) kept for sale or delivery,

by the person.

(4) (a) Except where paragraph (c) applies a person shall only deliver mineral oil referred to in subsection (1) from a premises in respect of which an auto-fuel trader’s licence is in force.

(b) Except where paragraph (c) applies a person shall only deliver mineral oil referred to in subsection (2) from a premises or place in respect of which a marked fuel trader’s licence is in force.

(c) Paragraphs (a) and (b) shall not apply to any delivery of mineral oil from a place outside the State, where that delivery is a consignment carried out in accordance with the particular requirements that apply to it under Chapter 2A or 2B of Part 2 of the Finance Act 2001 and the Control of Excisable Products Regulations 2010 (S.I. No. 146 of 2010).

(5) (a) Subsections (2) and (3) shall not apply to persons and premises or places that are, for the time being, approved under Regulation 38 of the Mineral Oil Tax Regulations 2001(S.I. No. 442 of 2001).

(b) The approvals referred to in paragraph (a) shall cease to have effect on such date as the Commissioners may prescribe.

(6) The Commissioners may, subject to subsections (7) and (8), grant to a person an auto-fuel trader’s licence or a marked fuel trader’s licence—

(a) on application to the Commissioners in writing and on receipt by them of such information as they may reasonably require, and

(b) where the appropriate excise duty under subsection (10) has been paid.

(7) (a) The particular activity or activities referred to in subsections (1) and (2) for which a person is licensed may be specified by the Commissioners in relation to each auto-fuel trader’s licence or marked fuel trader’s licence, as the case may be.

(b) An auto-fuel trader’s licence and a marked fuel trader’s licence—

(i) shall be subject to conditions specified in relation to the licence, concerning the security and suitability, to the satisfaction of the Commissioners, of any premises or place concerned and of all tanks and other equipment used for mineral oils on that premises or place, and

(ii) may be subject to such other conditions as the Commissioners may so specify.

(c) Different conditions may be specified under paragraph (b), having regard to the activity or activities to which the licence relates, the mineral oil concerned and the circumstances of each particular case.

(d) The Commissioners may at any time vary the conditions referred to in paragraph (b).

(8) An auto-fuel trader’s licence or a marked fuel trader’s licence shall not be granted—

(a) where the applicant (or, where the applicant is a company, any director or person having control of that company within the meaning of section 11 of the Taxes Consolidation Act 1997) has, in the 10 years before the application, been convicted of any indictable offence under the Acts referred to in section 1078(1) of the Taxes Consolidation Act 1997, or any corresponding offence under the law of another Member State,

(b) where the applicant does not hold a current tax clearance certificate issued under section 1094 of the Taxes Consolidation Act 1997, or

(c) where the applicant does not, when required, show to the satisfaction of the Commissioners that the applicant, and the premises or place concerned, can satisfy such conditions as may be imposed by the Commissioners.

(9) The Commissioners may revoke an auto-fuel trader’s licence or a marked fuel trader’s licence where—

(a) the holder of the licence, or the premises or place concerned, contravenes or fails to satisfy the conditions specified in relation to the licence,

(b) the holder of the licence is guilty of an offence referred to in subsection (8)(a), or contravenes or fails to comply with any requirement of excise law in relation to the production, sale or dealing in, keeping or delivery of mineral oil.

(10) A duty of excise shall be charged, levied and paid, at the rate of €250, on every auto-fuel trader’s licence and marked fuel trader’s licence granted under this section.

(11) An auto-fuel trader’s licence and a marked fuel trader’s licence shall, at all times be clearly displayed at the premises or place in respect of which that licence has been granted.

(12) An auto-fuel trader’s licence and a marked fuel trader’s licence shall, except where—

(a) another date is prescribed, or

(b) a licence is revoked under subsection (9),

continue in force until the next following 30 June after the date on which it came into force.

(13) The Commissioners may compile a list of persons who hold an auto-fuel trader’s licence or a marked fuel trader’s licence, and of the premises or places in respect of which those licences are in force, and notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure or production of information obtained by or furnished to them, the Commissioners may, by electronic means or otherwise, make those lists available to the public.”,

(t) by deleting section 101A,

(u) in section 102(1) by substituting the following for subparagraph (iii) of paragraph (b):

“(iii) any mineral oil containing any marker required by another Member State,”,

(v) in section 102(1) by substituting the following for paragraphs (d), (da) and (e):

“(d) to produce, sell or deal in, keep for sale or delivery, or deliver any mineral oil (other than additives) for use as a propellant, or any aviation gasoline, where that person is not, in relation to those activities, the holder of an auto-fuel trader’s licence granted under section 101(1),

(e) to produce, sell or deal in, keep for sale or delivery, or deliver any gas oil or kerosene that is, under section 97, liable to a rate lower than the appropriate standard rate, where that person is not, in relation to those activities, the holder of a marked fuel trader’s licence granted under section 101(2),

(f) where that person is the holder of an auto-fuel trader’s licence granted under section 101(1), or a marked fuel trader’s licence granted under section 101(2), to fail to display the licence at the premises or place to which that licence relates, or

(g) to contravene, or fail to comply with, a temporary prohibition of trade order under section 102A.”,

(w) in section 102 (1A) by substituting the following for subparagraph (iii) of paragraph (b):

“(iii) any mineral oil containing any marker required by another Member State.”,

(x) in section 102 by substituting the following for subsection (3):

“(3) It is an offence under this subsection—

(a) without the consent in writing of the Commissioners, to remove or attempt to remove or be knowingly concerned in removing or attempting to remove any marker from any mineral oil,

(b) to knowingly deal in any mineral oil from which a marker has been removed, or to which any thing has been added for the purpose of impeding the identification of a marker in any mineral oil, or

(y) in section 102 by substituting the following for subsection (5):

“(5) (a) Any mineral oil in respect of which an offence under subsection (1), (1A), (1B) or (3) was committed, and any substance mixed with that mineral oil, is liable to forfeiture.

(b) Where any mineral oil is liable to forfeiture under paragraph (a), for an offence relating to the sale, dealing in, or keeping for sale or delivery of mineral oil at a premises or place, any pumps, vessels or other equipment, used at that premises or place for supplying the mineral oil concerned, are liable to forfeiture.”,

and

(z) by deleting section 105.

(2) Paragraphs (s), (v) and (y) of subsection (1) come into operation on such day or days as the Minister may appoint by order, and different days may be so appointed for different provisions and for different purposes.

79. Amendment of section 65 (cesser of application of mineral oil tax to coal) of Finance Act 2010.

79.— Section 65 of the Finance Act 2010 is amended by substituting the following for subsection (1):

“(1) Chapter 1 of Part 2 of the Finance Act 1999 is amended—

(a) in section 94(1) (as amended by section 78 of the Finance Act 2012) by deleting the definition of ‘coal’,

(b) in section 95 by substituting the following for subsection (1) (as amended by section 78 of the Finance Act 2012):

‘(1) Subject to the provisions of this Chapter, and any regulations made under it, a duty of excise, to be known as mineral oil tax, shall be charged, levied and paid on all mineral oil—

(a) released for consumption in the State, or

(b) released for consumption in another Member State and brought into the State.’,

(c) in section 95(2) (as amended by section 78 of the Finance Act 2012) by substituting ‘Liability to mineral oil tax shall arise at the time when the mineral oil is’ for ‘Liability to mineral oil tax on mineral oil shall arise at the time when that mineral oil is’,

(d) in section 95(5) (as amended by section 78 of the Finance Act 2012) by substituting ‘only mineral oil’ for ‘only mineral oil and coal’, and

(e) by deleting section 100A (inserted by section 78 of the Finance Act 2012).”.

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

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

(a) in section 58(1) by substituting “Subject to the provisions of this Chapter” for “In addition to any other duty which may be chargeable, and subject to the provisions of this Chapter”,

(b) in section 59(2) by deleting “(3),”,

(d) in section 60 by inserting the following after subsection (1):

“(1A) Any supplier that is not established in the State shall make such arrangements with the Commissioners as the Commissioners may require for the payment of the tax and accounting for it, and those arrangements shall include the appointment of a competent person in the State to give effect to them.”.

81. Amendment of Chapter 2 (natural gas carbon tax) of Part 3 of Finance Act 2010.

81.— Chapter 2 of Part 3 of the Finance Act 2010 is amended—

(a) in section 66(1), in the definition of “CN Code”, by substituting “Commission Regulation (EC) No. 2031/2001” for “Commission Regulation (EEC) No. 2031/2001”,

(b) in section 67(1), with effect as on and from 1 May 2012, by substituting “€4.10” for “€3.07”,

(d) by substituting the following for section 68:

“68.— (1) Tax shall be charged at the time the natural gas is supplied by a supplier to a consumer and, except where subsection (2) applies, that supplier shall be accountable for and liable to pay the tax charged on the natural gas supplied by that supplier.

(2) A consumer shall be liable for any deficiency in the amount of tax paid on a supply, where that deficiency has resulted from false or misleading information furnished to the supplier concerned by that consumer, and no such liability shall attach to the supplier.”,

(e) in section 70 by inserting the following subsection:

“(3) Any supplier that is not established in the State shall make such arrangements with the Commissioners as the Commissioners may require for the payment of the tax and accounting for it, and those arrangements shall include the appointment of a competent person in the State to give effect to them.”,

(f) in section 71(1) by substituting the following for paragraph (a):

“(a) solely for the generation of electricity, or”,

(g) in section 71 by substituting the following for subsection (2):

“(2) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a partial relief from tax shall be granted on any natural gas that is shown to the satisfaction of the Commissioners to have been supplied for use—

(a) in an installation that is covered by a greenhouse gas emissions permit, or

(b) for environmentally friendly heat and power cogeneration (other than micro-cogeneration within the meaning of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 [^16]), where it is determined, by a competent authority designated for the purpose by the Minister, that such cogeneration meets the requirements for high-efficiency cogeneration under Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004.”,

and

(h) in section 71 by inserting the following subsection:

“(3) The relief under subsection (2) shall be calculated as the amount of tax chargeable on the natural gas supplied, less an amount calculated at the rate of €0.54 per megawatt hour.”.

82. Amendment of Chapter 3 (solid fuel carbon tax) of Part 3 of Finance Act 2010.

82.— Chapter 3 of Part 3 of the Finance Act 2010 is amended—

(a) in section 77, in the definition of “CN Code”, by substituting “Commission Regulation (EC) No. 2031/2001” for “Commission Regulation (EEC) No. 2031/2001”,

(b) by substituting the following for section 79:

“79.— (1) Tax shall be charged at the time the solid fuel is first supplied in the State by a supplier and, except where subsection (2) applies, that supplier shall be accountable for and liable to pay the tax charged.

(2) A consumer shall be liable for any deficiency in the amount of tax charged on a supply, where that deficiency has resulted from false or misleading information furnished to the supplier concerned by that consumer, and no such liability shall attach to the supplier.”,

and

“82.— (1) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a full relief from tax shall be granted on any solid fuel that is shown to the satisfaction of the Commissioners to have been delivered for use—

(a) solely for the generation of electricity, or

(b) for chemical reduction or in electrolytic or metallurgical processes.

(2) Subject to such conditions as the Commissioners may prescribe or otherwise impose, a relief from tax shall be granted on any solid fuel that is shown to the satisfaction of the Commissioners to have been delivered for use—

(a) in an installation that is covered by a greenhouse gas emissions permit, or

(b) for environmentally friendly heat and power cogeneration (other than micro-cogeneration within the meaning of Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 [^17]), where it is determined, by a competent authority designated for the purpose by the Minister, that such cogeneration meets the requirements for high-efficiency cogeneration under Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004.

(3) The relief under subsection (2) is—

(a) in the case of peat, a full relief, and

(b) in the case of coal, a partial relief, to be calculated as the amount of tax chargeable on the quantity of coal delivered, less an amount calculated at the rate of €4.18 per tonne.”.

83. Vehicle registration tax.

83.— (1) Chapter IV (which relates to the registration and taxation of vehicles) of Part II of the Finance Act 1992 is amended—

(a) in section 130 by inserting the following after the definition of “the register”:

“ ‘registration’ includes re-registration;”,

(b) in section 130 by substituting the following for the definition of “vehicle”:

“ ‘vehicle’ means a mechanically propelled vehicle, including an unregistered vehicle—

(a) built up from the chassis, or

(b) built using a monocoque or an assembly serving an equivalent purpose as a chassis,

which chassis, monocoque or assembly is either new or unused or is derived from another unregistered vehicle;”,

(d) in section 132 by substituting in subsection (1) “Subject to the provisions of this Chapter” for “In addition to any other duty which may be chargeable, subject to the provisions of this Chapter”,

(e) by deleting section 132(5)(b),

(f) in section 133 by substituting the following for “new vehicle”:

“ ‘new vehicle’ means a vehicle that has not previously been registered or recorded on a permanent basis—

(a) in the State under this Chapter or, before 1 January 1993, under any enactment repealed or revoked by section 144A or under any other provision to like effect as this Chapter or any such enactment, or

(b) under a corresponding system for maintaining a record for vehicles and their ownership in another state,

and where the vehicle has been acquired under general conditions of taxation in force in the domestic market;”,

(g) by deleting subsections (1) to (5) of section 135B,

(h) in section 135B(6)(a) by substituting “sections 105B and 105D” for “sections 105B, 105C and 105D”,

(i) by deleting sections 135BA and 135C(3)(a),

(j) by inserting the following section after section 135C:

“Repayment of amounts of vehicle registration tax on export of certain vehicles.

135D.— (1) The Commissioners may repay to a person an amount calculated in accordance with this section of vehicle registration tax based on the open market selling price of a vehicle which has been removed from the State, where—

(a) the vehicle is a category M1 vehicle,

(b) the vehicle has been registered under section 131 and the vehicle registration tax has been paid,

(d) within 30 days prior to being so removed—

(i) the vehicle and any documentation to which paragraph (b) or (c) relates, and

(ii) where applicable, a valid test certificate (within the meaning of the Road Traffic (National Car Test) Regulations 2003 (S.I. No. 405 of 2003)) in respect of the vehicle,

have been examined by a competent person and all relevant matters have been found by that person to be in order,

(e) at the time of examination to which paragraph (d) relates, the open market selling price of the vehicle (being the price to which subsection (2) relates) is not less than €2,000, and

(f) the requirements of subsection (3) have been complied with.

(2) The amount of vehicle registration tax to be repaid shall be calculated by reference to the open market selling price (being that price as determined by the Commissioners) of the vehicle at the time of the examination referred to in subsection (1)(d).

(3) A claim for repayment for an amount of vehicle registration tax under this section shall be made in such manner and in such form as may be approved by the Commissioners for that purpose and shall be accompanied by—

(a) documentation to prove to the satisfaction of the Commissioners that the vehicle was removed from the State within 30 days of its examination under this section, and

(b) proof that the vehicle has subsequently been registered in another Member State or has been permanently exported outside the European Union.

(4) The amount of vehicle registration tax calculated for repayment under this section in respect of a vehicle shall be reduced to take account of—

(a) the net amount of any remission or repayment of that tax previously allowed on the vehicle under this Chapter, and

(b) an administration charge of €500.

(5) Any repayment of vehicle registration tax under this section shall be to the person named, at the time of the examination referred to in subsection (1)(d), on the registration certificate issued in accordance with section 131(5)(a).”,

(k) in section 136A by substituting, in the first sentence of subsection (4), the following for the meaning assigned to “B” for the purpose of the formula in that subsection:

“B is an amount (if any) payable by the competent person to the Commissioners that is calculated by means of one or more than one formula or other means of calculation as may be prescribed.”,

(l) in section 141, in subsection (2), by deleting “and” where it last occurs in paragraph (m), by substituting “vehicles, and” for “vehicles.” in paragraph (w) and by inserting the following after paragraph (w):

“(x) for the purpose of the formula in subsection (4) of section 136A, prescribe one or more than one formula or other means of calculation for the purpose of the meaning assigned to ‘B’ in that subsection.”,

and

(m) by deleting section 142.

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

PART 3 Value-Added Tax

84. Interpretation (Part 3).

84.— In this Part “Principal Act” means the Value-Added Tax Consolidation Act 2010.

85. Ministerial orders.

85.— The Principal Act is amended—

(a) in section 2(1), in the definition of “exempted activity”, by substituting the following for paragraph (b):

“(b) a supply of any goods or services of a kind specified in Schedule 1;”,

(b) in section 52(2) by substituting the following for paragraph (a):

“(a) The Minister may by order amend Schedule 1.”,

(d) in section 103(2) by substituting “Subject to subsection (2A), the Minister” for “The Minister”, and

(e) in section 103 by inserting the following after subsection (2):

“(2A) Where the Minister makes an order under this section, the Minister, in making the order, shall have regard to one or both of the following:

(a) the nature or purpose, including any social purpose, of the goods or services to which the refund the subject of the order relates;

(b) the nature or purpose of the person referred to in subsection (1) in relation to the goods or services to which the refund the subject of the order relates.

(2B) Where the Minister makes an order under this section, the Minister may specify requirements in the order, to be complied with by the person referred to in subsection (1) after the refund the subject of the order has been paid to him or her, relating to—

(a) the carrying out of a review—

(i) at such time, or

(ii) upon the occurrence of such event,

as may be specified in the requirement concerned, to ascertain whether the conditions specified in the order continue to be fulfilled in relation to that person, or in relation to the goods or services to which such refund relates, or both, and

(b) the repayment to the Revenue Commissioners of all or part of such refund, as specified in the requirement concerned, if, following such review, it is ascertained that one or more of those conditions—

(i) is no longer fulfilled, or

(ii) has, at any stage after such refund has been paid to that person, temporarily ceased to be fulfilled.”.

86. Supplies of construction services between connected persons — reverse charge.

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

(a) in section 16 by inserting the following after subsection (4):

“(5) (a) In this subsection ‘construction work’, in relation to immovable goods, includes—

(i) construction, extension, alteration and demolition services, and

(ii) engineering work or other operations which adapt those immovable goods for materially altered use.

(b) Where an accountable person supplies construction work in the State to a taxable person (in this subsection referred to as a ‘recipient’) to whom the accountable person is connected (within the meaning of section 97(3)), then—

(i) the recipient shall, in relation to such supplies, be an accountable person or be deemed to be an accountable person and shall be liable to pay the tax chargeable as if that recipient made that supply in the course or furtherance of business, and

(ii) the person who supplied the construction work shall not be accountable for or liable to pay such tax in respect of those supplies.”,

(b) in section 19(1) by deleting paragraph (d),

(d) in section 59(2) by inserting the following after paragraph (ia):

“(ib) the tax chargeable during the period, being tax for which the recipient (within the meaning of section 16(5)(b)) is liable by virtue of section 16(5)(b) in respect of supplies of construction work received by that recipient, but only where that recipient would be entitled to a deduction of that tax elsewhere under this subsection if that tax had been charged to such recipient by an accountable person,”,

and

(e) in section 66 by inserting the following after subsection (4A):

“(4B) (a) Where an accountable person supplies construction work to which section 16(5)(b) applies, the person shall issue a document to the recipient of such supplies indicating—

(i) that the recipient is liable to account for the tax chargeable on that supply, and

(ii) such other particulars as would be required to be included in that document if that document were an invoice required to be issued in accordance with subsection (1) but excluding the rate at which the tax is chargeable and the amount of tax payable.

(b) Where the recipient and the person who supplied the construction work so agree, section 71(1) may apply to this document as if it were an invoice.”.

(2) Subsection (1) applies as on and from 1 May 2012.

87. Amendment of section 46 (rates of tax) of Principal Act.

87.— Section 46(1)(a) of the Principal Act is amended with effect from 1 January 2012 by substituting “23 per cent” for “21 per cent”.

88. Amendment of section 66 (issue of invoices and other documents) of Principal Act.

88.— Section 66 of the Principal Act is amended by deleting subsection (5).

89. Amendment of section 84 (duty to keep records) of Principal Act.

89.— Section 84 of the Principal Act is amended—

(a) in subsection (3) by inserting “and notwithstanding any other law” after “subsection (4)”, and

(b) by substituting the following for subsection (5):

“(5) This Chapter shall not require the retention of records or invoices or any of the other documents in respect of which the Revenue Commissioners notify the person concerned that retention is not required.”.

90. Amendment of section 95 (transitional measures for supplies of immovable goods) of Principal Act.

90.— Section 95(12)(c) of the Principal Act is amended by inserting “(other than a development which is a refurbishment within the meaning of section 63(1))” after “development of those goods”.

91. Amendment of section 111 (assessment of tax due) of Principal Act.

91.— Section 111(1) of the Principal Act is amended—

(a) in paragraph (c) by substituting “to the person;” for “to the person,”,

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

“(d) the total amount of tax refunded to the person in accordance with an order under section 103 was greater than the amount (if any) properly refundable to that person,”,

and

“(i) may, in accordance with regulations but subject to section 113, make an assessment in one sum of—

(I) the total amount of tax which in his or her opinion should have been paid,

(II) the total amount of tax (including a nil amount) which in accordance with section 99(1) should have been refunded, or

(III) the total amount of tax (including a nil amount) which in accordance with the order under section 103 should have been refunded,

as the case may be, in respect of such period, and”.

92. Interest payable in certain circumstances.

92.— The Principal Act is amended by inserting the following after section 114:

“114A.— (1) Where an amount of tax is refunded to a person in accordance with an order under section 103 and—

(a) no amount of tax was properly refundable to that person under the order, or

(b) the amount of tax refunded is greater than the amount properly refundable to that person under that order,

then simple interest shall be paid by that person on any amount of tax refunded to that person which was not properly refundable to that person under that order, from the date the refund was made, at the rate of 0.0274 per cent for each day or part of a day during which the person does not correctly account for any such amount refunded which was not properly refundable.

(2) Subsection (1) shall apply to tax recoverable by virtue of a notice under section 111 (whether a notice of appeal under that section is received or not) as if the tax were tax which the person was liable to pay for the taxable period or, as the case may be, the later or latest taxable period included in the period comprised in the notice.”.

93. Amendment of section 115 (penalties generally) of Principal Act.

93.— Section 115 of the Principal Act is amended by inserting the following after subsection (7A):

“(7B) A person who does not comply with a requirement specified in an order under section 103 shall be liable to a penalty of €4,000.”.

94. Amendment of Schedule 2 (zero-rated goods and services) to Principal Act.

94.— Schedule 2 to the Principal Act is amended—

(a) in paragraph 8(1), in column (2) of Part F of Table 1, by inserting “or other” after “cereal”, and

(b) in paragraph 8(1) by substituting the following for Table 2:

“Table 2

Ingredients and Weight Limits thereof for Bread as defined in column (2) of Part F of Table 1

(1) Ingredients	(2) Weight limits for the ingredients, as percentage of weight of flour included in the dough
Fats and sugars (including any fats and sugars contained in any bread improver)	Not exceeding 12% in aggregate
Dried fruit, vegetables, herbs and spices	Not exceeding 10% in aggregate
Yeast or other leavening or aerating agent, seeds, salt, malt extract, milk, water, gluten and bread improver	No limit

”.

95. Amendment of Schedule 3 (goods and services chargeable at the reduced rate) to Principal Act.

95.— (1) Schedule 3 to the Principal Act is amended—

(a) in paragraph 1(1), in paragraph (b) of the definition of “margin scheme supply”, by substituting “section 89(3);” for “section 89(3).”,

(b) in paragraph 1(1) by inserting the following after the definition of “margin scheme supply”:

“ ‘open farm’ means a facility the principal function of which is the exhibition (other than on an occasional basis) of animals and agricultural activities, and such exhibition may also include rural heritage.”,

and

“(4) Admission to—

(a) exhibitions, of the kind normally held in museums and art galleries, of objects of historical, cultural, artistic or scientific interest (not being services of the kind specified in paragraph 3(5) of Schedule 1), or

(b) built or natural heritage facilities which are open to the public other than on an occasional basis (not being services of the kind specified in paragraph 3(5) of Schedule 1),

but excluding any part of the fee for such admission which relates to goods or services other than such admission.

(5) Admission to an open farm, but excluding any part of the fee for such admission which relates to goods or services other than such admission.”.

(2) Subsection (1) applies as on and from 1 January 2012.

(3) Schedule 3 to the Principal Act is amended by inserting the following after Part 2:

“PART 2A

District heating.

13A. The supply of district heating.”.

(4) Subsection (3) applies as on and from 1 March 2012.

PART 4 Stamp Duties

96. Interpretation (Part 4).

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

97. Reduction of duty chargeable on non-residential property.

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

(a) in section 90A by deleting subsection (4),

(b) in section 101 by deleting subsection (4),

(d) in Schedule 1 as indicated in Schedule 2.

(2) Subject to subsection (3), subsection (1) applies as respects instruments executed on or after 7 December 2011.

(3) Subsection (1) does not apply as respects any instrument executed before 1 July 2012 where—

(a) the effect of the application of that subsection would be to increase the duty otherwise chargeable on the instrument, and

(b) the instrument contains a statement, in such form as the Revenue Commissioners may specify, certifying that the instrument was executed solely in pursuance of a binding contract entered into before 7 December 2011.

98. Relief for clearing houses.

98.— Section 75A of the Principal Act is amended—

(a) in subsection (1), in the definition of “recognised clearing house”, by substituting the following for paragraph (c):

“(c) SIX x-clear AG, or”,

and

(b) in subsection (3) by inserting the following after paragraph (d):

“(da) from a recognised clearing house or a nominee of a recognised clearing house, to another recognised clearing house or a nominee of that recognised clearing house,”.

99. Merger of companies.

99.— The Principal Act is amended by inserting the following after section 87A:

“87B.— (1) In this section—

‘cross-border merger’ has the same meaning as in Regulation 2(1) of the European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008);

‘merger’ has the same meaning as in Regulation 4 of the European Communities (Mergers and Divisions of Companies) Regulations 1987 (S.I. No. 137 of 1987);

‘SE’ means a European public limited-liability company (Societas Europaea or SE) as provided for by the SE Regulation;

‘SE merger’ means the formation of an SE by merger of 2 or more companies in accordance with Article 2(1) and subparagraph (a) or (b) of Article 17(2) of the SE Regulation;

‘SE Regulation’ means Council Regulation (EC) No. 2157/2001 of 8 October 2001 [^18] on the Statute for a European company (SE).

(2) Stamp duty shall not be chargeable on an instrument made for the purposes of the transfer of assets pursuant to a merger, a cross-border merger or an SE merger.”.

100. Amendment of provisions relating to the international financial services industry.

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

(a) in section 1(1) by substituting the following for the definition of “stock”:

“ ‘stock’ includes any share in any stocks or funds transferable at the Bank of England or at the Bank of Ireland and any share in the stocks or funds of any foreign state or government, or in the capital stock or funded debt of any county council, corporation, company, or society in the State, or of any foreign corporation, company, or society and includes any option over any share in such stocks or funds;”,

(b) by inserting the following after section 82B:

“Pension schemes and charities.

82C.— (1) In this section—

‘Act of 1997’ means the Taxes Consolidation Act 1997;

‘charity’ means a body of persons or a trust established for charitable purposes only;

‘common contractual fund’ has the meaning given to it by section 739I(1)(a)(i) of the Act of 1997;

‘investment undertaking’ has the meaning given to it by section 739B(1) of the Act of 1997;

‘pension scheme’ means—

(a) a retirement benefits scheme, within the meaning of section 771 of the Act of 1997, approved by the Commissioners for the purposes of Chapter 1 of Part 30 of that Act,

(b) an annuity contract or a trust scheme or part of a trust scheme approved by the Commissioners under section 784 of the Act of 1997,

(c) a PRSA contract, within the meaning of section 787A of the Act of 1997, in respect of a PRSA product, within the meaning of that section,

(d) an approved retirement fund within the meaning of section 784A of the Act of 1997,

(e) an approved minimum retirement fund within the meaning of section 784C of the Act of 1997, or

(f) a scheme within the meaning of section 790B of the Act of 1997;

‘specified fund’ means a common contractual fund, investment undertaking, unit linked life fund, or unit trust, all the issued units or shares of which are assets such that if those assets were disposed of by the unit holder or shareholder any gain accruing would be wholly exempt from capital gains tax (otherwise than by reason of residence);

‘unit linked life fund’ means a fund in which assets are held by an assurance company for the purposes of its new basis business;

‘unit trust’ means a unit trust to which subsection (5)(a)(i) of section 731 of the Act of 1997 applies;

‘assurance company’ and ‘new basis business’ have the meanings given to them respectively by section 730A of the Act of 1997.

(2) Stamp duty shall not be chargeable on any instrument made for the purposes of a transfer of property—

(a) held by or for the benefit of a pension scheme or a charity, in circumstances where the property continues to be so held after the transfer has taken place,

(b) held by or for the benefit of a pension scheme or a charity to a specified fund, in circumstances where the specified fund issues units or shares to be held by or for the benefit of the pension scheme or the charity,

(d) held by a specified fund (in this paragraph referred to as a ‘transferring fund’) to another specified fund (in this paragraph referred to as a ‘receiving fund’) in circumstances where the receiving fund issues units or shares to—

(i) the transferring fund, or

(ii) the unit holders or shareholders in the transferring fund in respect of and in proportion to (or as nearly as they may be in proportion to) their holdings of units or shares in the transferring fund,

to be held by or for the benefit of the pension scheme or the charity.”,

(d) in section 88(1)(b)(iv) by substituting “company or other body corporate” for “company”,

(e) in section 88B by substituting the following for subsection (2):

“(2) Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with any arrangement between a foreign fund and a domestic fund, being an arrangement entered into for the purposes of or in connection with a scheme of reconstruction or amalgamation under which—

(a) the foreign fund transfers assets to the domestic fund and the domestic fund—

(i) issues units to persons who hold units in the foreign fund in respect of and in proportion to (or as nearly as may be in proportion to) their holdings of units in the foreign fund, or

(ii) issues units directly to the foreign fund,

(b) the domestic fund transfers assets to the foreign fund and the foreign fund—

(i) issues units to persons who hold units in the domestic fund in respect of and in proportion to (or as nearly as may be in proportion to) their holdings of units in the domestic fund, or

(ii) issues units directly to the domestic fund.”,

(f) by inserting the following after section 88E:

“Reconstruction or amalgamation of offshore funds.

88F.— Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with—

(a) a scheme of reconstruction or amalgamation of an offshore fund to which section 747F of the Taxes Consolidation Act 1997 refers, or

(b) an exchange referred to in paragraph (b) of section 747E(1A) of the Taxes Consolidation Act 1997.”,

(g) by inserting the following after section 88F (inserted by paragraph (f)):

“Amalgamation of unit trusts.

88G.— Stamp duty shall not be chargeable on any instrument made for the purposes of or in connection with a scheme of amalgamation to which section 739D(8C) of the Taxes Consolidation Act 1997 refers.”,

(h) in section 90(2)(g)(ii) by substituting “a lease or an interest in a lease,” for “a lease,”, and

(i) in section 98(2) by substituting the following for paragraph (b):

“(b) the stocks or marketable securities of a company, other than a company which is an investment undertaking within the meaning of section 739B of the Taxes Consolidation Act 1997, which is registered in the State.”.

(2) Subsection (1) (b) has effect in respect of instruments executed on or after 8 February 2012.

101. Carbon offsets.

101.— Section 90A of the Principal Act is amended by substituting the following for subsection (1):

“(1) In this section ‘greenhouse gas emissions allowance’ means carbon offsets within the meaning of section 110(1) of the Taxes Consolidation Act 1997.”.

102. Amendment of section 101 (intellectual property) of Principal Act.

102.— Section 101 of the Principal Act is amended by substituting the following for subsection (1):

“(1) In this section ‘intellectual property’ means a specified intangible asset within the meaning of section 291A(1) of the Taxes Consolidation Act 1997.”.

103. Grangegorman Development Agency.

103.— The Principal Act is amended by inserting the following after section 106B:

“106C.— Stamp duty shall not be chargeable on any conveyance, transfer or lease of land to the Grangegorman Development Agency in connection with its functions.”.

104. Amendment of section 123B (cash, combined and debit cards) of Principal Act.

104.— Section 123B of the Principal Act is amended—

(a) in subsection (1) by inserting the following definition before the definition of “bank”:

“ ‘account holder’ means the person authorised to charge amounts to a card account;”,

(b) in subsection (1) by inserting the following definition after the definition of “bank”:

“ ‘basic payment account’ means a card account that meets the following conditions—

(a) in the 3 years immediately preceding the opening of the card account, the account holder—

(i) did not have access to a card account, or

(ii) did have access to a card account (in this subparagraph referred to as the ‘old account’) but no amounts were charged to the old account in that period, the old account was closed at the time the card account was opened and any balance of funds was transferred to the card account,

(b) all amounts payable to the account holder under the Social Welfare Acts are paid into the card account, and

(c) in respect of 2 consecutive periods of 3 months ending on 31 March, 30 June, 30 September or 31 December, all amounts paid into the card account, other than those referred to in paragraph (b), do not exceed €2,000 in a period of 3 months;”,

and

“(3) Notwithstanding subsection (2)—

(a) if the cash card, combined card or debit card is not used at any time during a year,

(b) if the cash card, combined card or debit card is issued in respect of a card account—

(i) which is a deposit account, and

(ii) the average of the daily positive balances in the account does not exceed €12.70 during that year,

(c) in relation to the year 2012, if the cash card, combined card or debit card is issued in respect of a basic payment account,

then it shall not be included in the statement relating to that year.”.

105. Levies on certain institutions.

105.— (1) Section 125 of the Principal Act is amended in subsection (2) by substituting “25 days” for “30 days”.

(2) Section 125A of the Principal Act is amended—

(a) in subsection (1), in the definition of “insured person”, by substituting “spouse or civil partner” for “spouse” in each place,

(b) in subsection (1), in the definition of “relevant contract”, by substituting “spouse or civil partner” for “spouse” in each place,

“(3) There shall be charged on every statement delivered by an authorised insurer pursuant to subsection (2) a stamp duty at the rate of—

(a) where the relevant contract was renewed or entered into before 1 January 2010—

(i) €53 in respect of each insured person aged less than 18 years, and

(ii) €160 in respect of each insured person aged 18 years or over,

(b) where the relevant contract was renewed or entered into on or after 1 January 2010 and before 1 January 2011—

(i) €55 in respect of each insured person aged less than 18 years, and

(ii) €185 in respect of each insured person aged 18 years or over,

(i) €66 in respect of each insured person aged less than 18 years, and

(ii) €205 in respect of each insured person aged 18 years or over,

and

(d) where the relevant contract was renewed or entered into on or after 1 January 2012—

(i) €95 in respect of each insured person aged less than 18 years, and

(ii) €285 in respect of each insured person aged 18 years or over,

included in the statement.”,

and

(d) by deleting subsection (12).

(3) Section 125B(1) of the Principal Act is amended in the definition of “scheme” by substituting the following for subparagraphs (i) and (ii) of paragraph (a):

“(i) approved by the Commissioners for the purposes of Chapter 1 of Part 30 of that Act, or

(ii) approved by the Commissioners under any other enactment (including an enactment that is repealed) and in respect of which the provisions of Chapter 1 of Part 30 of the Act of 1997 were applied,”.

(4) Section 126B(1) of the Principal Act is amended—

(a) in the definition of “relevant person” by substituting the following for paragraphs (d) and (e):

“(d) an insurer within the meaning of section 124B,

(e) an insurer within the meaning of section 125,

(f) an authorised insurer within the meaning of section 125A, or

(g) a chargeable person within the meaning of section 125B;”,

and

(b) in the definition of “specified section” by substituting “125, 125A” for “125”.

(5) The Principal Act is further amended with effect from 1 January 2013 by substituting the following for section 125A:

“125A.— (1) In this section—

‘accounting period’ means—

(a) the period of 7 months commencing on 1 January 2013 and ending on 31 July 2013, and

(b) each subsequent period of 12 months commencing on 1 August and ending on 31 July;

‘authorised insurer’ means any undertaking (not being a restricted membership undertaking) entered in The Register of Health Benefits Undertakings, lawfully carrying on such business of medical insurance referred to in the definition of ‘relevant contract’ but, in relation to an individual, also means any undertaking (not being a restricted membership undertaking) authorised pursuant to Council Directive No. 73/239/EEC of 24 July 1973 [^19], Council Directive No. 88/357/EEC of 22 June 1988 [^20], and Council Directive No. 92/49/EEC of 18 June 1992 [^21], where such a contract was effected with the individual when the individual was not resident in the State but was resident in another Member State of the European Communities;

‘due date’, in relation to an accounting period, means 21 September immediately following the end of the accounting period;

‘excluded contract of insurance’ means—

(a) a contract of insurance which comes within the meaning of paragraph (d) of the definition of ‘health insurance contract’ in section 2(1) of the Health Insurance Act 1994, or

(b) a contract of insurance relating solely to charges for public hospital in-patient services made under the Health (In-Patient Charges) Regulations 1987 (S.I. No. 116 of 1987);

‘in-patient indemnity payment’ has the same meaning as in section 2(1) of the Health Insurance Act 1994;

‘insured person’, in relation to a relevant contract, means an individual, the spouse or civil partner of the individual, or the children or other dependents of the individual or of the spouse or civil partner of the individual, in respect of whom the relevant contract provides specifically, whether in conjunction with other benefits or not, for the reimbursement or discharge, in whole or in part, of actual health expenses (within the meaning of section 469 of the Taxes Consolidation Act 1997);

‘relevant contract’ means a contract of insurance (not being an excluded contract of insurance) which provides for the making of in-patient indemnity payments under the contract and which, in relation to an individual, the spouse or civil partner of the individual, or the children or other dependents of the individual or of the spouse or civil partner of the individual, provides specifically, whether in conjunction with other benefits or not, for the reimbursement or discharge, in whole or in part, of actual health expenses (within the meaning of section 469 of the Taxes Consolidation Act 1997), being a contract of medical insurance;

‘restricted membership undertaking’ has the same meaning as in section 2(1) of the Health Insurance Act 1994;

‘specified rate’ means—

(a) €95 in respect of an insured person aged less than 18 years, and

(b) €285 in respect of an insured person aged 18 years or over.

(2) Subject to subsections (7), (10) and (11), an authorised insurer shall, in respect of each accounting period and not later than the due date, deliver to the Commissioners a statement in writing showing the number of insured persons—

(a) aged less than 18 years on 1 January in the accounting period, and

(b) aged 18 years or over on 1 January in the accounting period,

in respect of whom a relevant contract between the authorised insurer and the insured person, being the individual referred to in the definition of ‘insured person’, is renewed, or entered into, during the accounting period concerned.

(3) There shall be charged on every statement delivered by an authorised insurer pursuant to subsection (2) a stamp duty in respect of each insured person at the specified rate.

(4) The duty charged by subsection (3) on a statement delivered by an authorised insurer pursuant to subsection (2) shall be paid by the authorised insurer on delivery of the statement.

(5) There shall be furnished to the Commissioners by an authorised insurer such particulars as the Commissioners may deem necessary in relation to any statement required by this section to be delivered by the authorised insurer.

(6) In the case of failure by an authorised insurer in respect of an accounting period—

(a) to deliver not later than the due date any statement required by subsection (2) to be delivered by the authorised insurer, or

(b) to pay the stamp duty chargeable on any such statement on the delivery of the statement,

the authorised insurer shall—

(i) from that due date until the day on which the stamp duty is paid, be liable to pay, in addition to the duty, interest on the stamp duty calculated in accordance with section 159D, and

(ii) from that due date, be liable to pay a penalty of €380 for each day the duty remains unpaid.

(7) Where during any accounting period but before the due date—

(a) an authorised insurer ceases to carry on a business in the course of which the insurer is required to deliver a statement (in this subsection referred to as the ‘first-mentioned statement’) pursuant to subsection (2) (including any case where the authorised insurer is so required by virtue of the prior operation of this subsection) but has not done so before that cesser, and

(b) another person (in this subsection referred to as the ‘successor’) acquires the whole, or substantially the whole, of the business,

then—

(i) the authorised insurer is not required to deliver the first-mentioned statement, and

(ii) the successor shall—

(I) if the successor is, apart from this subsection, required to deliver a statement (in this subsection referred to as the ‘second-mentioned statement’) pursuant to subsection (2) (including any case where the successor is so required by virtue of the prior operation of this subsection) in respect of the same accounting period but has not done so before that acquisition, include in that second-mentioned statement the number of insured persons that would have been required to have been shown in the first-mentioned statement had the authorised insurer not ceased to carry on the business concerned,

(II) if subparagraph (I) is not applicable, deliver the first-mentioned statement as if the successor were the authorised insurer.

(8) The delivery of any statement required by subsection (2) may be enforced by the Commissioners under section 47 of the Succession Duty Act 1853 in all respects as if such statement were such account as is mentioned in that section and the failure to deliver such statement were such default as is mentioned in that section.

(9) The stamp duty, interest and any penalty payable under this section shall not be allowed as a deduction for the purposes of the computation of any tax or duty payable by the authorised insurer which is under the care and management of the Commissioners.

(10) Where an insured person, being the individual referred to in the definition of ‘insured person’, shows to the satisfaction of an authorised insurer (in this subsection referred to as the ‘second authorised insurer’) that another authorised insurer (in this subsection referred to as the ‘first authorised insurer’) with whom that individual renewed, or entered into, a relevant contract during an accounting period, was required to include that insured person in a statement to be delivered pursuant to subsection (2) to the Commissioners in respect of the same accounting period, then the second authorised insurer, with whom the individual entered into a later relevant contract during the same accounting period, may exclude such insured person from the statement to be delivered pursuant to subsection (2) to the Commissioners by the second authorised insurer in respect of the same accounting period.

(11) Where an insured person, being an insured person under a relevant contract who is not the individual referred to in the definition of ‘insured person’ in relation to the relevant contract concerned, shows to the satisfaction of an authorised insurer (in this subsection referred to as the ‘second authorised insurer’) that another authorised insurer (in this subsection referred to as the ‘first authorised insurer’) with whom that person was an insured person named on a relevant contract renewed, or entered into, by an individual referred to in the definition of ‘insured person’ during an accounting period, was required to include that insured person in a statement to be delivered pursuant to subsection (2) to the Commissioners for the same accounting period, then the second authorised insurer, with whom the insured person entered into a relevant contract during the same accounting period, may exclude such insured person from the statement to be delivered pursuant to subsection (2) to the Commissioners by the second authorised insurer in respect of the same accounting period.

(12) Where—

(a) a relevant contract is renewed or entered into by an individual referred to in the definition of ‘insured person’ during an accounting period (in this subsection referred to as the ‘initial accounting period’), and

(b) the relevant contract is for a period of more than 12 months,

then, without prejudice to the treatment to be accorded to the relevant contract and the initial accounting period by subsection (2), the relevant contract shall be deemed, for the purposes of this section, to be renewed during—

(i) the accounting period which immediately succeeds the initial accounting period if the second 12 months, or lesser period, of the relevant contract commences during such immediately succeeding accounting period, and

(ii) each further accounting period where any subsequent 12 months, or lesser period, of the relevant contract commences during such further accounting period.”.

(6) Subsection (5) does not apply to any accounting period ending before 1 January 2013 and section 125A, as it applies immediately before that date, continues to apply to any duty payable in respect of any such accounting period.

106. Amendment of Schedule 2B (qualifications for applying for relief from stamp duty in respect of transfers to young trained farmers) to Principal Act.

106.— Schedule 2B to the Principal Act is amended in paragraph 1 by substituting the following for subparagraph (k):

“(k) Level 6 Advanced Certificate in Horsemanship;

(l) Level 6 Specific Purpose Certificate in Farm Administration.”.

107. Modernisation of stamping of instruments: introduction of self assessment and consequential changes, etc.

107.— (1) Subject to subsection (2), the Principal Act is amended to the extent and in the manner specified in Schedule 3.

(2) This section and Schedule 3 have effect as respects instruments first executed on or after such date as the Minister by order specifies and, accordingly, the provisions of the Principal Act, as they applied to instruments first executed before that date, continue to apply to instruments first executed before that date.

PART 5 Capital Acquisitions Tax

108. Interpretation (Part 5).

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

109. Amendment of Schedule 2 (computation of tax) to Principal Act.

109.— (1) The Principal Act is amended in paragraph 1 of Part 1 of Schedule 2 in the definition of “group threshold”—

(a) in subparagraph (a) by substituting “€250,000” for “€244,000”,

(b) in subparagraph (b) by substituting “€33,500” for “€24,400”, and

(2) The Principal Act is further amended—

(a) in paragraph 1 of Part 1 of Schedule 2 by substituting the following for the definition of “threshold amount”:

“ ‘threshold amount’, in relation to the computation of tax on any aggregate of taxable values under paragraph 3, means the group threshold that applies in relation to all of the taxable gifts and taxable inheritances included in that aggregate.”,

and

(b) in the Table in Part 2 of Schedule 2 by substituting “30” for “25”.

(3) This section applies to gifts and inheritances taken on or after 7 December 2011.

110. Amendment of section 2 (interpretation) of Principal Act.

110.— (1) Section 2(1) of the Principal Act is amended by substituting the following for paragraph (b) of the definition of “child”:

“(b) a child who is adopted under an adoption order within the meaning of section 3(1) of the Adoption Act 2010 or the subject of an intercountry adoption effected outside the State and recognised under that Act;”.

(2) This section applies as on and from 8 February 2012.

111. Amendment of provisions relating to discretionary trusts.

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

(a) in section 2 by inserting the following after subsection (1):

“(1A) For the purposes of the definition of ‘discretionary trust’ in subsection (1), any entity which is similar in its effect to a discretionary trust shall be treated as a discretionary trust irrespective of how it is described in the place where it is established.

(1B) Any reference in this Act to trustees in relation to a discretionary trust shall be deemed to include persons acting in a similar capacity to trustees in relation to an entity referred to in subsection (1A).”,

(b) in section 15 by inserting the following after subsection (1):

“(1A) For the purposes of this section and section 20, where a discretionary trust is created under the will (including under a codicil to that will) of a deceased person property shall be deemed to be subject to the trust on the date of death of that person.”,

(c) in section 18 in the definition of “relevant period” in subsection (1) by inserting “and” at the end of paragraph (b) and by deleting paragraph (c),

(d) in section 18 by deleting the definition of “the appropriate trust” in subsection (1) and by inserting the following before the definition of “earlier relevant inheritance”:

“ ‘appropriate trust’, in relation to a relevant inheritance, means the trust by which that inheritance was deemed to be taken;”,

(e) in section 18 by deleting the definition of “will trust relevant inheritance”,

(f) in section 18 by substituting the following for subsection (3):

“(3) Where, in the case of each earlier relevant inheritance, each settled relevant inheritance or each later relevant inheritance, as the case may be, taken from the same disponer, one or more objects of the appropriate trust became beneficially entitled in possession before the expiration of the relevant period to an absolute interest in the entire of the property of which that inheritance consisted on and at all times after the date of that inheritance (other than property which ceased to be subject to the terms of the appropriate trust by virtue of a sale or exchange of an absolute interest in that property for full consideration in money or money’s worth), then, in relation to all such earlier relevant inheritances, all such settled relevant inheritances or all such later relevant inheritances, as the case may be, the tax so chargeable is computed at the rate of 3 per cent.”,

and

(g) in section 21 by substituting the following for paragraph (b):

“(b) (i) subject to subparagraph (ii), the valuation date of the taxable inheritance is the relevant chargeable date,

(ii) where—

(I) a charge for tax arises on a particular date by reason of section 15 or section 118 (in so far as that section relates to a provision repealed by this Act that corresponds to section 15), giving rise to a taxable inheritance (in this subparagraph referred to as the ‘first taxable inheritance’),

(II) on a later date, a charge for tax arises under or in consequence of the same disposition by reason of section 20 giving rise to a taxable inheritance (in this subparagraph referred to as the ‘second taxable inheritance’) comprising the same property or property representing that property, and

(III) the valuation date of the first taxable inheritance is a date after the chargeable date of the second taxable inheritance,

then the valuation date of the second taxable inheritance is the same date as the valuation date of the first taxable inheritance.”.

(2) This section applies on and from 8 February 2012.

112. Amendment of section 36 (dispositions involving powers of appointment) of Principal Act.

112.— (1) Section 36 of the Principal Act is amended by inserting the following after subsection (1):

“(1A) In subsections (1B) and (1C) ‘arrangement’ includes any agreement, understanding, scheme, transaction or series of transactions (whether or not legally enforceable).

(1B) Notwithstanding subsection (1), where the exercise of, failure to exercise, or release of, a general power of appointment form part of an arrangement the main purpose or one of the main purposes of which is the avoidance of tax, tax shall be chargeable as if the disposition were the disposition under which the power was created and the person who created the power were the disponer.

(1C) Where the grant of a general power of appointment in or over property to any person forms part of an arrangement the main purpose or one of the main purposes of which is the avoidance of a charge to tax arising under sections 15(1) or 20(1), the grant of that general power of appointment shall not prejudice any such charge to tax.”.

(2) This section applies to gifts and inheritances (including inheritances referred to in sections 15(1) and 20(1) of the Principal Act) taken on or after 8 February 2012.

113. Amendment of provisions relating to heritage property.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.