Finance Act, 1994

Amendment of section 3 (repayment, remission and deferment of payment) of Principal Act.

71.—Section 3 of the Principal Act is hereby amended—

(a) by the insertion of the following subsection after subsection (1):

“(1A) The Revenue Commissioners may, subject to compliance with such conditions as they consider appropriate to impose, repay or remit duty paid by means of tax stamps where it is shown to their satisfaction that the tax stamps have been destroyed or are damaged or otherwise unsuitable for the use for which they were issued.”,

and

(b) by the substitution of the following subsection for subsection (3):

“(3) The Revenue Commissioners may, subject to compliance with such conditions for securing payment of the duty as they may think fit to impose—

(a) in respect of the duty on cigarettes (other than cigarettes referred to in the proviso to subsection (1) of section 2A) and where duty liability arises in a period beginning on and including the fourth last day of a month up to and including the fifth last day of the subsequent month, permit payment of the duty imposed by section 2 of this Act to be deferred to a day not later than the last day of the second month following that subsequent month:

Provided that, where duty liability arises during the period beginning on and including the 28th day of October and ending on and including the 27th day of the subsequent December, the duty arising up to and including the 30th day of November and half the duty arising in the said period thereafter, as determined by the Revenue Commissioners, shall be paid not later than the subsequent 31st day of December.

(b) in respect of the duty on other tobacco products:

(i) other than on the last day in the month of December, where duty liability arises on a day in that month but such day is not a Saturday or a Sunday, permit payment of the duty imposed by section 2 of this Act to be deferred, as to one half, as determined by the Revenue Commissioners, of the duty, to a day not later than the last day of that month and, as to the remainder of the duty, to a day not later than the last day of the next following month of January, and

(ii) in any other case, permit payment of the duty imposed by section 2 of this Act to be deferred to a day not later than the last day of the month immediately following that in which liability arises.”.