Finance (No.2) Act 2023

Further levy on certain financial institutions

73. The Principal Act is amended—

(a) by the insertion of the following section after section 126AA:

“Further levy on certain financial institutions

126AB. (1) In this section—

‘assessable amount’ means an amount equal to the total value of relevant deposits held by a relevant person on 31 December in the base year;

‘base year’, in respect of the year 2024, means the year 2022;

‘deposit’ and ‘eligible deposit’ have the same meaning, respectively, as they have in the European Union (Deposit Guarantee Schemes) Regulations 2015 (S. I. No. 516 of 2015);

‘due date’, in relation to a year, means 20 October in that year;

‘relevant deposit’ means a deposit which—

(a) is held by a relevant person, and

(b) is an eligible deposit;

‘relevant person’ means—

(a) Allied Irish Banks plc;

(b) EBS DAC;

(c) permanent tsb plc;

(d) The Governor and Company of the Bank of Ireland.

(2) A relevant person shall, for the year 2024, not later than the due date, deliver to the Commissioners a statement showing the assessable amount.

(3) There shall be charged on every statement delivered under subsection (2) a stamp duty of an amount equal to 0.112 per cent of the assessable amount shown in the statement.

(4) The stamp duty charged by subsection (3) on a statement delivered by a relevant person under subsection (2) shall be paid by the person on delivery of the statement.

(5) In the case of failure by a relevant person—

(a) to deliver any statement required to be delivered by the person under subsection (2) by the due date, or

(b) to pay any duty chargeable on a statement referred to in paragraph (a) on the delivery of the statement,

the relevant person shall be liable to pay, in addition to the duty, interest on the duty, calculated in accordance with section 159D, for the period commencing on the due date and ending on the date on which the duty was paid.

(6) Any statement required to be delivered to the Commissioners under subsection (2) shall be delivered in such form and manner as may be specified by the Commissioners.

(7) There shall be provided to the Commissioners by a relevant person such particulars as the Commissioners may require in relation to any statement required by this section to be delivered by the person.

(8) Any duty or interest charged under this section, or any penalty applied under section 134A in relation to a statement required to be delivered under this section, shall not be allowed as a deduction for the purposes of the computation of any tax or duty under the care and management of the Commissioners that is payable by the relevant person.”,

(b) in section 126B—

(i) by the substitution of the following subsection for subsection (1):

“(1) In this section, ‘relevant person’ means a person that is required to deliver a statement to the Commissioners under a provision of this Part.”,

and

(ii) in subsection (2), by the substitution of “under a provision of this Part” for “under a specified section”,

(c) in section 126C(1)—

(i) in the definition of “due date”, by the substitution of “under a provision of this Part” for “under a specified section”,

(ii) in the definition of “relevant person”, by the substitution of “under a provision of this Part.” for “under a specified section;”, and

(iii) by the deletion of the definition of “specified section”,

and

(d) in section 134A(1), in the definition of “relevant statement”, by the substitution of “a provision of Part 9” for “section 123B, 123C, 123D, 124, 124A, 124B, 125 or 125C”.