9 1984

Next (PART I INCOME TAX, INCOME LEVY, CORPORATION TAX AND CAPITAL GAINS TAX)

No. 9/1984:

FINANCE ACT, 1984


ARRANGEMENT OF SECTIONS

PART I

INCOME TAX, INCOME LEVY, CORPORATION TAX AND CAPITAL GAINS TAX

CHAPTER I

Income Tax

Section

1. Amendment of provisions relating to exemption from income tax.

2. Charge of income tax for 1984-85 and subsequent years.

3. Personal reliefs.

4. Amendment of section 6 (special allowance in respect of P. R. S.I. for 1982-83) of Finance Act, 1982.

5. Amendment of section 142A (allowance for rent paid by certain tenants) of Income Tax Act, 1967.

6. Amendment of section 432 (making of claims, etc., and appeals and rehearings) of Income Tax Act, 1967.

7. Amendment of section 41 (investment accounts in trustee savings banks) of Finance Act, 1968.

8. Amendment of section 3 (employed person taking care of incapacitated individual) of Finance Act, 1969.

9. Exemption for certain sports bodies.

CHAPTER II

Income Levy

10. Amendment of section 16 (income levy) of Finance Act, 1983.

CHAPTER III

Income Tax: Relief for Investment in Corporate Trades

11. Interpretation (Chapter III).

12. The relief.

13. Limits on relief.

14. Individuals qualifying for relief.

15. Qualifying companies.

16. Qualifying trades.

17. Disposal of shares.

18. Value received from company.

19. Replacement capital.

20. Value received by persons other than claimants.

21. Prevention of misuse.

22. Claims.

23. Assessments for withdrawing relief.

24. Information.

25. Capital gains tax.

26. Application to subsidiaries.

27. Nominees and designated investment funds.

CHAPTER IV

Anti-avoidance and Anti-evasion

28. Tax treatment of certain non-interest-bearing securities.

29. Taxation of income deemed to arise on certain sales of securities.

CHAPTER V

Income Tax, Corporation Tax and Capital Gains Tax

30. Amendment of section 30 (appeals against assessments and payments on account) of Finance Act, 1976.

31. Amendment of Chapter IX (Profit Sharing Schemes) of Part I of and Third Schedule (Profit Sharing Schemes) to Finance Act, 1982.

32. Relief for gifts for education in the arts.

33. Farming: amendment of provisions relating to relief in respect of increase in stock values.

34. Application of section 31 (building societies) of Corporation Tax Act, 1976, for 1984-85.

35. Continuation of certain capital allowances.

36. Allowances in respect of certain laboratories.

37. Application of section 23 (deduction for certain expenditure on construction of rented residential accommodation) of Finance Act, 1981.

38. Amendment of section 25 (allowance for certain expenditure on construction of multi-storey car-parks) of Finance Act, 1981.

39. Amendment of section 26 (allowance for certain capital expenditure on roads, bridges, etc.) of Finance Act, 1981.

40. Capital allowances for certain leased assets.

CHAPTER VI

Corporation Tax

41. Amendment of Part IX (Schedule F and Company Distributions) of Corporation Tax Act, 1976.

42. Treatment of dividends on certain preference shares.

43. Extension of exempted transactions in relation to agricultural societies.

44. Continuance of relief in respect of increase in employment.

45. Amendment of Chapter VI (manufacturing companies) of Part I of Finance Act, 1980.

CHAPTER VII

Advance Corporation Tax

46. Amendment of section 51 (cesser of certain provisions) of Finance Act, 1983.

47. Extension of section 52 (transitional reduction of advance corporation tax) of Finance Act, 1983.

CHAPTER VIII

Stock Relief

Section

48. Interpretation (Chapter VIII).

49. Stock relief: corporation tax.

50. Recovery of stock relief: corporation tax.

51. Stock relief: income tax.

52. Recovery of stock relief: income tax.

53. Valuation of stock other than at beginning of period of account.

54. Opening stock of a new business.

55. Adjustment of value of stock in certain circumstances.

56. Successions, etc., to trade.

57. Trade carried on by a partnership.

58. Assessments, etc.

CHAPTER IX

Amendment of Provisions in relation to Decrease in Stock Values other than in Trade of Farming

59. Decrease in stock values: corporation tax.

60. Limitation of application of section 59.

61. Decrease in stock values: income tax.

62. Limitation of application of section 61.

63. Successions, etc., to trade.

64. Cesser of certain provisions of Finance Act, 1983.

65. Limitation of application of Chapter IX.

CHAPTER X

Capital Gains Tax

66. Extension of section 19 (Government and other securities) of Capital Gains Tax Act, 1975.

67. Amendment of section 25 (private residence) of Capital Gains Tax Act, 1975.

PART II

CUSTOMS AND EXCISE

68. Interpretation (Part II).

69. Beer.

70. Tobacco products.

71. Wine and made wine.

72. Cider and perry.

73. Hydrocarbons.

74. Foreign travel.

75. Provisions relating to excise duties on motor vehicles, televisions and gramophone records.

76. Provisions in relation to betting duty.

77. Amendment of section 11 (grounds for refusal of certificate of suitability of premises) of Betting Act, 1931.

78. Restriction of Probation of Offenders Act, 1907.

79. Amendment of section 29 (temporary importation of motor vehicles) of Finance Act, 1963.

80. Excise duties on mechanically propelled vehicles.

81. Amendment of section 3 of Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960.

82. Amendment of section 23 (payment of licence duty by cheque) of Finance Act, 1936.

83. Confirmation of Orders.

PART III

VALUE-ADDED TAX

84. Interpretation (Part III).

85. Amendment of section 1 (interpretation) of Principal Act.

86. Amendment of section 8 (accountable persons) of Principal Act.

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

88. Amendment of section 15 (charge of tax on imported goods) of Principal Act.

89. Amendment of section 18 (inspection and removal of records) of Principal Act.

90. Amendment of section 26 (penalties generally) of Principal Act.

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

92. Amendment of Second Schedule to Principal Act.

93. Amendment of Third Schedule to Principal Act.

94. Amendment of Sixth Schedule to Principal Act.

95. Insertion of Seventh Schedule in Principal Act.

96. Rate of tax in relation to short-term hiring of certain goods.

PART IV

STAMP DUTIES

97. Levy on banks.

98. Amendment of section 92 (levy on certain premiums of insurance) of Finance Act, 1982.

99. Amendment of section 93 (exemption of certain instruments from stamp duty) of Finance Act, 1982.

100. Amendment of section 49 (exemption of certain instruments from stamp duty) of Finance Act, 1969.

101. Stamp duty on bills of exchange and promissory notes.

102. Amendment of section 17 (stamp duty in respect of credit cards and charge cards) of Finance (No. 2) Act, 1981.

103. Revocation of Order.

PART V

CAPITAL ACQUISITIONS TAX

CHAPTER I

Discretionary Trusts

104. Interpretation (Part V).

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

106. Acquisitions by discretionary trusts.

107. Application of Principal Act.

108. Exemptions.

109. Computation of tax.

CHAPTER II

Revised Computation

110. Amendment of certain sections of Principal Act.

111. Amendment of Second Schedule to Principal Act.

112. Application of Chapter II

CHAPTER III

Certificate of Discharge

113. Extension of section 48 (receipts and certificates) of Principal Act.

PART VI

MISCELLANEOUS

114. Capital Services Redemption Account.

115. Care and management of taxes and duties.

116. Short title, construction and commencement.

FIRST SCHEDULE

AMENDMENT OF ENACTMENTS

PART I

Amendments Consequential on Changes in Rates of Tax

PART II

Amendments Consequential on Changes in Personal Reliefs

SECOND SCHEDULE

RELIEF FOR INVESTMENT IN CORPORATE TRADES: SUBSIDIARIES

THIRD SCHEDULE

RATES OF EXCISE DUTY ON TOBACCO PRODUCTS

FOURTH SCHEDULE

PART I

Rates of Excise Duty on Wine

PART II

Rates of Excise Duty on Made Wine

FIFTH SCHEDULE

RATES OF EXCISE DUTY ON CIDER AND PERRY


ACTS REFERRED TO

Betting Act, 1931 1931, No. 27
Capital Acquisitions Tax Act, 1976 1976, No. 8
Capital Gains Tax Act, 1975 1975, No. 20
Capital Gains Tax (Amendment) Act, 1978 1978, No. 33
Central Bank Act, 1971 1971, No. 24
Companies Act, 1963 1963, No. 33
Companies (Amendment) Act, 1983 1983, No. 13
Corporation Tax Act, 1976 1976, No. 7
Excise Act, 1848 1848, c. 118
Finance Act, 1926 1926, No. 35
Finance Act, 1929 1929, No. 32
Finance Act, 1931 1931, No. 31
Finance Act, 1936 1936, No. 31
Finance Act, 1950 1950, No. 18
Finance Act, 1963 1963, No. 23
Finance Act, 1968 1968, No. 33
Finance Act, 1969 1969, No. 21
Finance Act, 1970 1970, No. 14
Finance Act, 1973 1973, No. 19
Finance Act, 1974 1974, No. 27
Finance Act, 1975 1975, No. 6
Finance Act, 1976 1976, No. 16
Finance Act, 1977 1977, No. 18
Finance Act, 1978 1978, No. 21
Finance Act, 1979 1979, No. 11
Finance Act, 1980 1980, No. 14
Finance Act, 1981 1981, No. 16
Finance (No. 2) Act, 1981 1981, No. 28
Finance Act, 1982 1982, No. 14
Finance Act, 1983 1983, No. 15
Finance (Excise Duties) (Vehicles) Act, 1952 1952, No. 24
Finance (Excise Duties) (Vehicles) (Amendment) Act, 1960 1960, No. 1
Finance (Excise Duty on Tobacco Products) Act, 1977 1977, No. 32
Greyhound Industry Act, 1958 1958, No. 12
Housing (Miscellaneous Provisions) Act, 1979 1979, No. 27
Income Tax Act, 1967 1967, No. 6
Industrial Development (No. 2) Act, 1981 1981, No. 14
Irish Film Board Act, 1980 1980, No. 36
Probation of Offenders Act, 1907 1907, c. 17
Racing Board and Racecourses Act, 1945 1945, No. 16
Road Traffic Act, 1961 1961, No. 24
Stamp Act, 1891 1891, c. 39
Succession Act, 1965 1965, No. 27
Succession Duty Act, 1853 1853, c. 51
Unit Trusts Act, 1972 1972, No. 17
Value-Added Tax Act, 1972 1972, No. 22
Value-Added Tax (Amendment) Act, 1978 1978, No. 34
Youth Employment Agency Act, 1981 1981, No. 32

Number 9 of 1984


FINANCE ACT, 1984


AN ACT TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE), TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE) AND TO MAKE FURTHER PROVISIONS IN CONNECTION WITH FINANCE.

[23rd May, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: