Finance (No. 2) Act 2013

Mitigation and application of fines and penalties

78. (1) The following provisions are repealed:

(a) section 35 of the Inland Revenue Regulation Act 1890 ;

(b) section 209 of the Customs Consolidation Act 1876 ;

(c) section 118 of the Value-Added Tax Consolidation Act 2010 .

(2) The Finance Act 2001 is amended by substituting the following section for section 130:

“130. A trial judge may in his or her discretion mitigate any fine or penalty incurred for any offence under or by virtue of excise law, provided that the amount so mitigated is not greater than 50 per cent of the amount of the fine or penalty.”.

(3) Section 58 of the Capital Acquisitions Tax Consolidation Act 2003 is amended in subsection (9)(a) by deleting “1065,”.

(4) Section 133 of the Stamp Duties Consolidation Act 1999 is amended by deleting “1065,”.

(5) Section 1065 of the Principal Act is amended:

(a) by substituting the following for subsection (1):

“(1) The Revenue Commissioners may in their discretion—

(a) mitigate any penalty, and may also, after judgment, further mitigate any such penalty imposed under the Acts,

(b) stay or compound any proceedings for the recovery of any fine or penalty imposed under the Acts.”,

(b) in subsection (2)(a) by deleting “fine or” in each place, and

(c) by inserting the following subsection after subsection (3):

“(4) In this section ‘the Acts’ has the same meaning as in section 1077A(1).”.