Finance (No.2) Act 2023
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Amendment of Part 18E of Principal Act (defective concrete products levy) | ||
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93. (1) Part 18E of the Principal Act is amended— | ||
(a) in section 531AAG— | ||
(i) in the definition of “concrete”, by the substitution of “coarse or fine aggregate (or a combination thereof)” for “coarse and fine aggregate”, | ||
(ii) in the definition of “concrete product”, by the substitution of the following paragraph for paragraph (b): | ||
“(b) ready to pour concrete;”, | ||
and | ||
(iii) by the insertion of the following definitions: | ||
“ ‘precast concrete product’ is a product which— | ||
(a) contains concrete, | ||
(b) is manufactured in a specially equipped facility through a process of— | ||
(i) casting the concrete in a reusable mould or form, and | ||
(ii) curing the concrete in a controlled environment, | ||
(c) following manufacture, is transported from the facility to— | ||
(i) a premises or place in or on which the product will be made available for wholesale or retail sale, | ||
(ii) a construction site, or | ||
(iii) the final destination of use, | ||
and | ||
(d) is manufactured as part of a trade consisting of the manufacture of such products for supply to customers where that trade is ordinarily carried on in a facility in which the manufacturing process takes place; | ||
‘specified person’ means a person who acquires a first supply of ready to pour concrete which is used by that person in the manufacture of a precast concrete product; | ||
‘tax reference number’ means a tax reference number (within the meaning of section 891B) or a TIN (within the meaning of section 891F);”, | ||
(b) in section 531AAJ(2)(b), by the deletion of “(within the meaning of section 891B) or TIN (within the meaning of section 891F)”, | ||
(c) by the insertion of the following sections after section 531AAJ: | ||
“First supply of ready to pour concrete to specified person | ||
531AAJA. (1) A specified person may make a declaration, satisfying the requirements specified in subsection (3), to a chargeable person in respect of— | ||
(a) the first supply of ready to pour concrete that will be utilised in the manufacture of precast concrete products, or | ||
(b) so much of the first supply of ready to pour concrete as will be so utilised. | ||
(2) Where a declaration made under subsection (1) is made to the chargeable person concerned, the defective concrete products levy shall not be chargeable on the first supply or so much of that first supply as is utilised for the manufacture of precast concrete products, as the case may be, in respect of which the declaration is made. | ||
(3) A declaration made under subsection (1) shall— | ||
(a) be in respect of the first supply of ready to pour concrete supplied in an accounting period commencing on or after 1 January 2024, | ||
(b) be in a form prescribed by the Revenue Commissioners, and | ||
(c) include the following: | ||
(i) the name, address (including the Eircode) and tax reference number of the specified person; | ||
(ii) the name, address (including the Eircode) and tax reference number of the chargeable person; | ||
(iii) the delivery address (including the Eircode) for the ready to pour concrete in respect of which the declaration is being made; | ||
(iv) the date of supply of the ready to pour concrete in respect of which the declaration is being made; | ||
(v) the amount of ready to pour concrete, in cubic metres, in respect of which the declaration is being made; | ||
(vi) the open market value of the ready to pour concrete in respect of which the declaration is being made; | ||
(vii) a declaration that the supply of ready to pour concrete in respect of which the declaration is being made is to be used in the manufacture of a precast concrete product; | ||
(viii) a declaration that the particulars shown on the form are correct and complete; | ||
(ix) such other information as the Revenue Commissioners may prescribe. | ||
(4) Where requested to do so by the Revenue Commissioners, a specified person shall produce such documentary evidence as is necessary to verify to the satisfaction of the Revenue Commissioners that the ready to pour concrete in respect of which a declaration was made was used in the manufacture of precast concrete products. | ||
(5) A chargeable person shall retain an original declaration provided to them by a specified person. | ||
(6) A specified person shall retain a copy of a declaration provided by them to a chargeable person. | ||
(7) Where ready to pour concrete is supplied to a person without the defective concrete products levy having been charged, levied and paid on the concrete as a result of a false, incorrect or misleading declaration having been made by the person under subsection (1) in respect of the concrete, the person shall be liable— | ||
(a) to a penalty not exceeding €4,000, and | ||
(b) to pay to the Revenue Commissioners an amount equal to the amount of the defective concrete products levy which would have been chargeable for the ready to pour concrete if a false, incorrect or misleading declaration had not been made. | ||
(8) A person shall, without prejudice to any other penalty to which the person may be liable, be guilty of an offence under this section if the person— | ||
(a) knowingly or wilfully delivers any incorrect declaration or statement, or knowingly or wilfully furnishes any incorrect information, in connection with the operation of this section or a declaration under subsection (1) in relation to any person, or | ||
(b) knowingly aids, abets, assists, incites, or induces another person to make or deliver knowingly or wilfully any incorrect declaration or statement, or knowingly or wilfully furnish any incorrect information, in connection with the operation of this section or a declaration under subsection (1) in relation to any person, | ||
and the provisions of subsections (3) to (10) of section 1078, and section 1079, shall, with any necessary modifications, apply for the purposes of this subsection as they apply for the purposes of offences in relation to tax within the meaning of section 1078. | ||
(9) (a) Where a Revenue officer determines that a person is liable under subsection (7), the Revenue officer shall notify the person in writing accordingly. | ||
(b) A person aggrieved by a determination under paragraph (a), may appeal the determination to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date on the notification of the determination. | ||
(c) The reference to the Tax Acts in paragraph (a) of the definition of ‘Acts’ in section 949A shall be read as including a reference to this section. | ||
Repayment of defective concrete products levy | ||
531AAJB. (1) Where ready to pour concrete was utilised by a specified person in the manufacture of precast concrete products in the accounting period from 1 September 2023 to 31 December 2023, the specified person may make a claim to the Revenue Commissioners for a refund in the amount of the defective concrete products levy paid in respect of the ready to pour concrete. | ||
(2) Subject to subsection (4), where a person making a claim under subsection (1)— | ||
(a) establishes to the satisfaction of the Revenue Commissioners that— | ||
(i) the person is a specified person, and | ||
(ii) the person has utilised ready to pour concrete in the manufacture of precast concrete products in the accounting period from 1 September 2023 to 31 December 2023, | ||
and | ||
(b) has complied with the conditions specified in this section, | ||
the person shall be entitled to be refunded an amount equal to the defective concrete products levy paid in respect of the ready to pour concrete referred to in paragraph (a)(ii). | ||
(3) (a) A claim under subsection (1) shall be made by completing a form prescribed by the Revenue Commissioners. | ||
(b) The form prescribed under paragraph (a) shall include— | ||
(i) the name, address (including the Eircode) and tax reference number of the specified person, | ||
(ii) the name of the chargeable person, | ||
(iii) the date of supply of the ready to pour concrete in respect of which the claim is being made, | ||
(iv) the amount of the refund being claimed, | ||
(v) a declaration that the particulars shown on the form are correct and complete, and | ||
(vi) such other information as the Revenue Commissioners may prescribe. | ||
(c) A person shall provide the following, in respect of the ready to pour concrete in respect of which a claim is made under subsection (1), with the form prescribed under paragraph (a): | ||
(i) the invoices or other documents, issued or given to the specified person for the purposes of Chapter 2 of Part 9 of the Value-Added Tax Consolidation Act 2010 , in respect of each first supply; | ||
(ii) the document issued under section 531AAH(3) or record made under section 531AAH(4), as the case may be, in respect of each such first supply. | ||
(d) If requested to do so by the Revenue Commissioners, a person shall produce such documentary evidence as is necessary to verify to the satisfaction of the Revenue Commissioners that the ready to pour concrete in respect of which a claim is made was used in the manufacture of precast concrete products. | ||
(4) A refund under subsection (2) shall not be made unless the claim is made within four calendar months of the end of the accounting period referred to in that subsection. | ||
(5) A person who— | ||
(a) makes a claim, under this section, for a refund in respect of ready to pour concrete which was not used in the manufacture of precast concrete products, or | ||
(b) makes an incorrect or fraudulent claim under this section, shall be liable— | ||
(i) to a penalty not exceeding €4,000 for each such claim, and | ||
(ii) to pay to the Revenue Commissioners an amount equal to the amount the person received as a refund. | ||
(6) A claim under subsection (1) shall be made only in respect of outlay involving a total amount of more than €125. | ||
(7) A person shall, without prejudice to any other penalty to which the person may be liable, be guilty of an offence under this section if the person— | ||
(a) knowingly or wilfully delivers any incorrect claim or statement, or knowingly or wilfully furnishes any incorrect information, in connection with the operation of this section or a claim under subsection (1) in relation to any person, or | ||
(b) knowingly aids, abets, assists, incites, or induces another person to make or deliver knowingly or wilfully any incorrect claim or statement, or knowingly or wilfully furnish any incorrect information in connection with the operation of this section or a claim under subsection (1) in relation to any person, | ||
and the provisions of subsections (3) to (10) of section 1078, and section 1079, shall, with any necessary modifications, apply for the purposes of this subsection as they apply for the purposes of offences in relation to tax within the meaning of section 1078. | ||
(8) Any amount payable by the Revenue Commissioners to a specified person by virtue of this section shall be deemed to be an overpayment of tax, for the purposes of section 960H(2). | ||
(9) (a) Where a Revenue officer determines that a person is liable under subsection (5), the Revenue officer shall notify the person in writing accordingly. | ||
(b) A person aggrieved by a determination under paragraph (a), may appeal the determination to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date on the notification of the determination. | ||
(c) The reference to the Tax Acts in paragraph (a) of the definition of ‘Acts’ in section 949A shall be read as including a reference to this section.”, | ||
(d) in section 531AAK(2)— | ||
(i) in paragraph (a), by the deletion of “and”, | ||
(ii) in paragraph (b), by the substitution of “period,” for “period.”, and | ||
(iii) by the insertion of the following paragraphs after paragraph (b): | ||
“(c) the sum of the open market values, on the supply dates, of supplies of ready to pour concrete supplied by the chargeable person, and in respect of which a declaration under section 531AAJA was made, in the accounting period, and | ||
(d) the number of specified persons that made a declaration under section 531AAJA in the accounting period in respect of ready to pour concrete supplied by the chargeable person.”, | ||
(e) in section 531AAM— | ||
(i) by the insertion of the following subsections after subsection (1): | ||
“(1A) Any amount payable by a person under section 531AAJA(7)(b) shall carry interest from the supply date of the ready to pour concrete in respect of which the declaration concerned was made until payment for any day or part of a day during which the amount remains unpaid, at a rate of 0.0219 per cent. | ||
(1B) Any amount payable by a person under section 531AAJB(5)(ii) shall carry interest from the date the refund concerned was paid to the person until payment for any day or part of a day during which the amount remains unpaid, at a rate of 0.0219 per cent.”, | ||
and | ||
(ii) in subsection (2), by the substitution of “subsections (1), (1A) and (1B)” for “subsection (1)”, | ||
(f) in section 531AAN— | ||
(i) by the substitution of the following subsection for subsection (1): | ||
“(1) Chargeable persons and specified persons shall retain, or cause to be retained on behalf of the chargeable person or the specified person concerned, such records and linking documents as are required to enable a full and true return, claim or declaration to be made for the purposes of this Part.”, | ||
(ii) in subsection (2)— | ||
(I) in paragraph (b), by the deletion of “and”, | ||
(II) in paragraph (c), by the substitution of “supply,” for “supply.”, and | ||
(III) by the insertion of the following paragraphs after paragraph (c): | ||
“(d) where applicable, a declaration made for the purposes of section 531AAJA(1), and | ||
(e) where applicable, the documentary evidence that ready to pour concrete was used in the manufacture of precast concrete products in respect of which a declaration under section 531AAJA or a claim under section 531AAJB, as the case may be, was made.”, | ||
(iii) in subsection (3), by the substitution of “this Part” for “this section”, | ||
(iv) in subsection (4)— | ||
(I) by the substitution of “the chargeable person or the specified person, as the case may be,” for “the chargeable person”, and | ||
(II) by the substitution of “a return, claim or declaration, as the case may be,” for “a return”, | ||
(v) in subsection (5), by the substitution of “the chargeable person or the specified person, as the case may be,” for “the chargeable person”, and | ||
(vi) in subsection (6)— | ||
(I) by the substitution of “a chargeable person or a specified person” for “a chargeable person”, and | ||
(II) by the substitution of “the chargeable person or the specified person, as the case may be” for “the chargeable person”, | ||
and | ||
(g) in Schedule 29, by the insertion of “section 531AAK” after “section 531AF” in column (1). |