Finance Act, 1963

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Number 23 of 1963.


FINANCE ACT, 1963.


ARRANGEMENT OF SECTIONS

PART I

Income Tax

Section

1.

Income tax and sur-tax for the year 1963-64.

2.

Exemption of bodies established for promotion of athletic or amateur games or sports.

3.

Amendment of section 34 of Income Tax Act, 1918.

4.

Amendment of section 39 of Income Tax Act, 1918.

5.

Option to treat capital allowances as creating or augmenting loss in trade, etc.

6.

Assessment of profits from occupation of land under Schedule D in certain cases.

7.

Deductions in relation to the establishment or alteration of superannuation schemes.

8.

Annual payment payable out of dividend from which income tax is not deductible or is deductible at reduced rate.

9.

Amendment of Rule 21 of General Rules.

10.

Amount of assessment under Rule 21 to be allowed as a loss for certain purposes.

11.

Amendment of section 21 of Finance Act, 1920.

12.

Amendment of section 22 of Finance Act, 1920.

13.

Amendment of section 8 of Finance Act, 1924.

14.

Amendment of section 227 of Income Tax Act, 1918.

15.

Time for certain summary proceedings.

16.

Power to require production of accounts and books.

17.

Power to obtain information as to interest paid or credited without deduction of tax.

18.

Amendment of Rule 18 (2) of General Rules and section 8 (4) of Finance Act, 1925.

19.

Amendment of section 7 of Finance Act, 1935.

20.

Amendment of section 12 of Finance (Miscellaneous Provisions) Act, 1956.

21.

Aggregation of assessments.

22.

Particulars of sums to be collected.

23.

Collector-General.

24.

Amendment of section 187(2) and section 196(1) of Income Tax Act, 1918.

25.

Change of date on which sur-tax is due and payable.

26.

Assessment and charge of sur-tax by inspectors of taxes.

27.

Estimation of certain amounts.

28.

Payment of reduced amount of sur-tax pending determination of appeal.

PART II

Customs and Excise

29.

Temporary importation of motor vehicles without payment of customs duty.

30.

Deferment of payment of beer duty.

31.

Relief by order from customs duties.

32.

Amendment of section 2 (2) of Betting Act, 1931.

33.

Dog duty—general licence.

34.

Amendments relative to penalties.

35.

Confirmation of Order.

PART III

Death Duties

36.

Amendment of section 33 of Finance Act, 1935.

PART IV

Corporation Profits Tax

37.

Increase of rate of corporation profits tax.

38.

Application of section 227 of Income Tax Act, 1918.

39.

Amendment of section 13 of Finance (Miscellaneous Provisions) Act, 1956.

PART V

Stamp Duties

40.

Termination of stamp duty on bills of lading.

41.

Exemption from stamp duty on certain bills of exchange.

42.

Amendment of sections 33 and 34 of Finance Act, 1961.

43.

Extension of section 19 of Finance Act, 1950.

44.

Alteration of stamp duties on conveyances and transfers of stock and marketable securities.

45.

Agreement as to stamp duty on certain instruments.

PART VI

Turnover Tax

46.

Interpretation (Part VI).

47.

Charge of turnover tax.

48.

Persons accountable.

49.

Registration.

50.

Exception in the case of moneys received from registered persons in certain cases.

51.

Withdrawing goods from stock.

52.

Regulations.

53.

Rate of tax.

54.

Estimation of tax due.

55.

Interest.

56.

Recovery of tax.

57.

Penalties.

58.

Fraudulent return, etc.

59.

Time limits.

60.

Penalty for assisting in making incorrect returns, etc.

61.

Proceedings in the High Court in respect of penalties.

62.

Application of section 222 of Income Tax Act, 1918.

63.

Substitution of agent, etc., for person not resident in State.

64.

Charge of tax on imported goods.

65.

Extension of certain Acts.

66.

Collection of tax.

Part VII

Industrial and Provident Societies: Income Tax and Corporation Profits Tax

67.

Interpretation (Part VII).

68.

Deduction as expenses of certain sums, etc.

69.

Allowance of deductions in respect of loan interest, etc.

70.

Disregard of profits or losses attributable to certain transactions.

71.

Payment of interest without deduction of tax.

PART VIII

Penalties and Assessments: Income Tax, Sur-Tax and Corporation Profits Tax

72.

Application of Part VIII.

73.

Penalties for failure to make certain returns, etc.

74.

Penalty for fraudulently or negligently making incorrect returns, etc.

75.

Provisions supplementary to section 74.

76.

Increased penalties in the case of body of persons.

77.

Proceedings against executor or administrator.

78.

Penalty for assisting in making incorrect return, etc.

79.

Evidence of income for purposes of Part VIII.

80.

Recovery of penalties.

81.

Application of Part VIII to corporation profits tax.

82.

Interpretation (Part VIII).

PART IX

Taxation of Rents and certain other Payments: Income Tax and Sur-Tax

83.

Interpretation (Part IX).

84.

Taxation of rents under short lease.

85.

Additional deductions in certain cases.

86.

Treatment of premiums, etc., as rent.

87.

Exclusion of certain lettings.

88.

Taxation of certain payments in respect of easements.

89.

Provisions as to assessment.

90.

Relief in respect of losses.

91.

Relief for amount not received.

92.

Deduction by reference to premium paid in the computation of profits for purposes of Cases I and II of Schedule D.

93.

Deductions by reference to premiums paid in computation of profits for purposes of Part IX.

94.

Taxation of rents under long leases and certain other payments.

95.

Returns, etc., for purposes of Part IX.

96.

Cesser, etc.

PART X

Miscellaneous

97.

Capital Services Redemption Account.

98.

Exemption from income tax and corporation profits tax of profits of lotteries.

99.

Partial cesser of section 38 (2) of Finance Act, 1924.

100.

Form of execution order in certain Revenue cases.

101.

Levying of fees and expenses under certain certificates.

102.

Amendment of section 14 of Finance Act, 1962.

103.

Amendment of temporary provisions relating to Road Fund.

104.

Repeals.

105.

Care and management of taxes and duties.

106.

Short title, construction and commencement.

FIRST SCHEDULE

Exempted Activities (Turnover Tax)

SECOND SCHEDULE

Description of Goods (Turnover Tax)

THIRD SCHEDULE

Provisions referred to in Sections 73 , 74 and 76 of this Act

FOURTH SCHEDULE

Application of Part VIII to Corporation Profits Tax

FIFTH SCHEDULE

Forms of Execution Orders

SIXTH SCHEDULE

Enactments Repealed


Acts Referred to

Income Tax Act, 1918

1918, c. 40

Finance Act, 1943

1943, No. 16

Finance Act, 1958

1958, No. 25

Finance Act, 1959

1959, No. 18

Finance Act, 1946

1946, No. 15

Finance Act, 1956

1956, No. 22

Finance Act, 1957

1957, No. 20

Rent Restrictions Act, 1960

1960, No. 42

Finance Act, 1920

1920, c. 18

Finance Act, 1960

1960, No. 19

Finance Act, 1921

1921, c. 32

Finance (Profits of Certain Mines) (Temporary Relief from Taxation) Act, 1956

1956, No. 8

Finance Act, 1929

1929, No. 32

Finance Act, 1950

1950, No. 18

Finance (No. 2) Act, 1959

1959, No. 42

Post Office Savings Bank Act, 1861

1861, c. 14

Finance Act, 1925

1925, No. 28

Insurance Act, 1936

1936, No. 45

Finance Act, 1935

1935, No. 28

Finance (Miscellaneous Provisions) Act, 1956

1956, No. 47

Finance Act, 1962

1962, No. 15

Finance Act, 1951

1951, No. 15

Finance Act, 1934

1934, No. 31

Finance Act, 1928

1928, No. 11

Finance Act, 1961

1961, No. 23

Finance Act, 1922

1922, c. 17

Inland Revenue Act, 1880

1880, c. 20

Finance Act, 1918

1918, c. 15

Betting Act, 1931

1931, No. 27

Customs Consolidation Act, 1876

1876, c. 36

Customs Act, 1956

1956, No. 7

Customs and Inland Revenue Act, 1879

1879, c. 21

Tobacco Act, 1840

1840, c. 18

Probation of Offenders Act, 1907

1907, c. 17

Imposition of Duties (No. 133) (Matches) Order, 1963

S.I. No. 20 of 1963

Finance Act, 1941

1941, No. 14

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Stamp Act, 1891

1891, c. 39

Sale of Goods Act, 1893

1893, c. 71

Totalisator Act, 1929

1929, No. 22

Gaming and Lotteries Act, 1956

1956, No. 2

Finance (New Duties) Act, 1916

1916, c. 11

Finance Act, 1923

1923, No. 21

Finance Act, 1924

1924, No. 27

Court Officers Act, 1945

1945, No. 25

Courts of Justice Act, 1924

1924, No. 10

Finance Act, 1952

1952, No. 14

Provisional Collection of Taxes Act, 1927

1927, No. 7

Imposition of Duties Act, 1957

1957, No. 7

Inland Revenue Regulation Act, 1890

1890, c. 21

Finance Act, 1945

1945, No. 20

Finance Act, 1932

1932, No. 20

Court Orders Act, 1926

1926, No. 18

Road Fund (Grants) (Temporary Provisions) Act, 1959

1959, No. 12

Road Fund (Grants) (Temporary Provisions) Act, 1962

1962, No. 3

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Number 23 of 1963.


FINANCE ACT, 1963.


AN ACT TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE), TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE) AND TO MAKE FURTHER PROVISIONS IN CONNECTION WITH FINANCE. [30th July, 1963.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—