Finance Act, 1978
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Relief from tax for certain individuals transferred from State employment to employment with certain specified persons. |
10.—For the purpose of granting a remission (corresponding to the remission provided for by section 16 of the Finance Act, 1976 ) of tax in the case of an individual who, or whose wife, in a year of assessment prior to the year 1976-77, held a position as a civil servant or an employment in a scheduled occupation and who, or whose wife, subsequently, but before the said year 1976-77, became employed by a person mentioned in the Table to this section, it is hereby enacted as follows:— | |
(1) This section applies in the case of an individual who, or whose wife, in the relevant period— | ||
(a) held a position or employment as aforesaid (which position or employment is hereinafter referred to as “the first employment”), | ||
(b) ceased to hold the first employment, and | ||
(c) immediately after such cessation, commenced to hold an employment (hereinafter referred to as “the second employment”) with a person mentioned in the Table to this section. | ||
(2) In a case in which this section applies, relief from tax shall be granted in an amount (hereinafter referred to as “a remission”) equal to one-half of the tax appropriate to the emoluments of the first employment for the year of assessment (hereinafter referred to as “the year of cessation”) in which the first employment ceased to be held by him or his wife, as the case may be, or, if greater, for the year of assessment immediately preceding that year: | ||
Provided that the remission shall not exceed an amount equal to the aggregate of the tax appropriate to the emoluments of the first employment and the second employment for the year of cessation, or, if greater, the tax appropriate to the emoluments of the second employment for the year of assessment next following that year. | ||
(3) The remission granted by virtue of the provisions of this section shall be allowed in the year of cessation by set-off against the tax appropriate to the emoluments of the first employment: | ||
Provided that where the remission is an amount equal to one-half of the tax appropriate to the emoluments of the first employment for the year immediately preceding the year of cessation it shall be allowed by set-off against the tax appropriate to those emoluments. | ||
(4) Section 16 of the Finance Act, 1976 , shall, with any necessary modifications, apply for the purpose of determining the amount of any remission to be granted under this section. | ||
(5) In this section— | ||
“civil servant” has the same meaning as in the Civil Service Regulation Act, 1956 ; | ||
“the relevant period” means the period beginning on the 6th day of April, 1969, and ending on the 5th day of April, 1976; | ||
“scheduled occupation” has the same meaning as in the Civil Service Commissioners Act, 1956 . | ||
(6) All such adjustments or repayments of tax shall be made as may be necessary to give effect to the provisions of this section. | ||
(7) Section 193 of the Income Tax Act, 1967 , is hereby amended by the substitution for paragraph (dd) (inserted by the Finance Act, 1976 ) of subsection (2) of— | ||
“(dd) so far as it flows from relief under section 16 of the Finance Act, 1976 , or section 10 of the Finance Act, 1978, in proportion to the net emoluments included in A in the formula in subsection (1) (a) of the said section 16 of the Finance Act, 1976. ”. | ||
TABLE | ||
The Eastern Health Board | ||
Aer Rianta Teoranta |