Finance Act 2019
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Amendment of Chapter 1 of Part 2 of Finance Act 2002 (betting duty relief) | ||
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47. (1) Chapter 1 of Part 2 of the Finance Act 2002 is amended— | ||
(a) in section 64 by inserting the following definitions: | ||
“ ‘accounting period’ means a period of 3 months beginning on the first day of January, April, July or October; | ||
‘aid’ means aid granted in accordance with Commission Regulation (EU) No. 1407/2013; | ||
‘Commission Regulation (EU) No. 1407/2013’ means Commission Regulation (EU) No. 1407/2013 of 18 December 20138 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid;”, | ||
(b) by inserting the following section after section 68: | ||
“68A. ((1) Subject to such conditions as the Revenue Commissioners may prescribe or otherwise impose, a person liable to betting duty under section 67 or betting intermediary duty under section 67B, or both, may be relieved of such duty provided— | ||
(a) that person is licensed in accordance with section 7 , 7B or 7C of the Betting Act 1931 , and | ||
(b) he or she holds a current tax clearance certificate issued under section 1094 of the Taxes Consolidation Act 1997 , | ||
and provided further that— | ||
(i) without prejudice to paragraph (ii), the amount of such duty that he or she may be relieved of shall not exceed €50,000 in any calendar year, and | ||
(ii) in a case where more than one person forms a single undertaking, as that expression is to be construed by virtue of subsection (2), the total amount of such duty that that single undertaking may be relieved of shall not exceed €50,000 in any calendar year, | ||
and a reference in paragraph (i) or (ii) to duty, where the case is one of liability to both betting duty and betting intermediary duty, is a reference to both those duties, taken together. | ||
(2) For the purposes of subsection (1)(ii) a single undertaking shall have the same meaning as in Article 2 of Commission Regulation (EU) No. 1407/2013. | ||
(3) The amount of the relief provided for in subsection (1) shall be applied proportionally where— | ||
(a) the period of operation of the relief is less than a full calendar year, or | ||
(b) the period of trading by the person is less than a calendar year. | ||
(4) In computing relief due in respect of any accounting period, that relief shall not be carried into the following calendar year. | ||
(5) Subject to such conditions as the Revenue Commissioners may see fit to impose, relief under subsection (1) may be granted by way of remission. | ||
(6) The relief under subsection (1) shall not be applicable where a person— | ||
(a) does not fulfil the conditions laid down in Commission Regulation (EU) No. 1407/2013, or | ||
(b) is in receipt of aid which exceeds the ceiling laid down in that Commission Regulation. | ||
(7) (a) Where a person claims relief under subsection (1) in respect of any accounting period, he or she shall— | ||
(i) specify the amount of relief due on his or her return that is required under section 70 for that accounting period, | ||
(ii) keep records of all reliefs claimed under this section and any other aid of which he or she is in receipt, | ||
(iii) provide such information as required by the Revenue Commissioners in the manner prescribed by them to which Commission Regulation (EU) No. 1407/2013 applies, and | ||
(iv) keep a record of any other information the Revenue Commissioners may deem to be necessary to ensure compliance by the person with Commission Regulation (EU) No. 1407/2013. | ||
(b) A person shall not claim relief under subsection (1) in any calendar year where such a claim would exceed the ceiling laid down in Commission Regulation (EU) No. 1407/2013. | ||
(8) Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure of information imposed by or under statute or otherwise, the Revenue Commissioners, or any other officer authorised by them for the purposes of this section, may— | ||
(a) disclose to any board established by statute, any other public or local authority or any other agency of the State, information relating to the amount of relief claimed by a person under this section, being information, which is required by the relevant board, authority or agency concerned for the purpose of ensuring that the ceiling of aid in Commission Regulation (EU) No. 1407/2013 is not exceeded, and | ||
(b) provide to the European Commission such information as may be requested by the European Commission in accordance with Article 6 of Commission Regulation (EU) No. 1407/2013. | ||
(9) Any person, or persons that constitute a single undertaking as referred to in subsection (1)(ii), who claims or claim relief under subsection (1) in excess of €50,000 in a calendar year, or in respect of whom the ceiling laid down in Commission Regulation (EU) No. 1407/2013 is exceeded, is or are liable, or in the case of a single undertaking, are jointly and severally liable, for the payment of the duty in excess of the relief permitted.”, | ||
and | ||
(c) in section 77(1) — | ||
(i) in paragraph (b) by deleting “and” where it secondly occurs, | ||
(ii) in paragraph (c) by substituting “them, and” for “them”, and | ||
(iii) by inserting after paragraph (c) the following: | ||
“(d) providing for the methods of charging, securing, collecting, remitting and repaying of duty.”. | ||
(2) Subsection (1) shall come into operation on such day or days as the Minister for Finance may appoint by order or orders, either generally or with respect to different provisions or purposes. | ||