Finance Act 2010

Payments to subcontractors in certain industries.

29.— (1) Chapter 2 of Part 18 of the Principal Act is amended in section 530 by inserting the following after the definition of “relevant tax deduction card ”:

“ ‘return period’, in relation to the principal concerned, means the period specified in a notice in writing given by the Revenue Commissioners to that principal, being a period of one or more income tax months, in respect of which the principal is required under section 531(3A) to make a return to the Collector-General;”.

(2) Chapter 2 of Part 18 of the Principal Act is amended in section 531—

(a) by substituting the following for paragraph (a) of subsection (3A):

“(a) Not later than 14 days after the end of a return period, a principal or any person who was previously a principal and who has been required to do so by notice in writing from the Revenue Commissioners, shall—

(i) make a return to the Collector-General, on the prescribed form, of the amount, if any, of tax which that person was liable under this section to deduct from payments made to uncertified subcontractors during that return period, and

(ii) remit to the Collector-General the amount of the tax, if any, which the person was so liable to deduct.”,

(b) by inserting the following after paragraph (b) of subsection (3A):

“(c) The Revenue Commissioners may make regulations with respect to the provision to them, by a principal or other person as is referred to in paragraph (a), of such information as may be specified in the regulations in relation to the constituent elements of the amount (if any) referred to in paragraph (a)(i).”,

(c) in subsection (3AA) by substituting “then subsection (3A) shall apply and have effect as if ‘23 days’ were substituted for ‘14 days’ ” for “then subsection (3A) shall apply and have effect as if ‘the 23rd day of an income tax month’ were substituted for ‘the 14th day of an income tax month’ ”,

(d) in subsection (3B)(b)—

(i) by substituting “return period or periods” for “income tax month or months” in both places where it occurs, and

(ii) by substituting “those return periods” for “those income tax months”,

(e) in subsection (6)(a)(i) by substituting “a period covering not more than 2 years of assessment” for “a year of assessment”,

(f) in subsection (10)(i) by substituting “return period or periods” for “income tax month or months” in both places where it occurs,

(g) in subsection (10)(ii)—

(i) by substituting “each return period” for “each income tax month”, and

(ii) by substituting “the return period” for “the income tax month”,

and

(h) by substituting the following for paragraph (f) of subsection (12):

“(f) Where a specified limit has been applied by them for a year of assessment in relation to a relevant payments card by virtue of paragraph (e), the Revenue Commissioners, either at the request of the subcontractor named on the card or otherwise, may, as they consider it appropriate, amend the limit by reducing, increasing or removing it.”.