Finance Act, 1998

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Number 3 of 1998


FINANCE ACT, 1998


ARRANGEMENT OF SECTIONS

PART 1

Income Tax, Corporation Tax and Capital Gains Tax

Chapter 1

Interpretation

Section

1.

Interpretation.

Chapter 2

Income Tax

2.

Amendment of provisions relating to exemption from income tax.

3.

Alteration of rates of income tax.

4.

Personal reliefs.

5.

Amendment of section 463 (special allowance for widowed parent following death of spouse) of Principal Act.

6.

Amendment of section 126 (tax treatment of certain benefits payable under Social Welfare Acts) of Principal Act.

7.

Income under dispositions for short periods.

8.

Amendment of section 66 (special basis at commencement of trade or profession) of Principal Act.

9.

Amendment of section 191 (taxation treatment of Hepatitis C compensation payments) of Principal Act.

10.

Amendment of section 202 (relief for agreed pay restructuring) of Principal Act .

11.

Amendment of section 479 (relief for new shares purchased on issue by employees) of Principal Act.

12.

Amendment of Chapter 1 (transfer of assets abroad) of Part 33 of Principal Act.

13.

Reduction in income tax for certain income earned outside the State.

14.

Seafarer allowance, etc.

15.

Notional loans relating to shares, etc.

Chapter 3

Income Tax, Corporation Tax and Capital Gains Tax

16.

Relief for the long-term unemployed.

17.

Relief for gifts made to designated schools.

18.

Amendment of section 200 (certain foreign pensions) of Principal Act.

19.

Amendment of section 268 (meaning of “industrial building or structure”) of Principal Act.

20.

Capital allowances for airport buildings and structures.

21.

Amendment of provisions relating to certain capital allowances.

22.

Capital allowances for private nursing homes.

23.

Capital allowances for certain sea fishing boats.

24.

Amendment of Chapter 3 (designated areas, designated streets, enterprise areas and multi-storey car parks in certain urban areas) of Part 10 of Principal Act.

25.

Amendment of Chapter 1 (Custom House Docks Area) of Part 10 of Principal Act.

26.

Amendment of section 344 (capital allowances in relation to construction or refurbishment of certain multi-storey car parks) of Principal Act.

27.

Amendment of section 351 (interpretation (Chapter 4)) of Principal Act.

28.

Amendment of Chapter 6 (Dublin Docklands Area) of Part 10 of Principal Act.

29.

Capital allowances for, and deduction in respect of, vehicles.

30.

Treatment of certain losses and capital allowances.

31.

Amendment of section 403 (restriction on use of capital allowances for certain leased assets) of Principal Act.

32.

Amendment of section 481 (relief for investment in films) of Principal Act.

33.

Amendment of section 482 (relief for expenditure on significant buildings and gardens) of Principal Act.

34.

Restriction of relief as respects eligible shares issued on or after 3rd December, 1997.

35.

Transitional arrangements in relation to section 34.

36.

Employee share schemes.

37.

Payments to subcontractors in certain industries.

38.

Amendment of section 659 (farming: allowances for capital expenditure on the construction of farm buildings, etc. for control of pollution) of Principal Act.

39.

Amendment of section 667 (special provisions for qualifying farmers) of Principal Act.

40.

Amendment of section 680 (annual allowance for mineral depletion) of Principal Act.

41.

Amendment of section 681 (allowance for mine rehabilitation expenditure) of Principal Act.

42.

Amendment of section 734 (taxation of collective investment undertakings) of Principal Act.

43.

Taxation of shares issued in place of cash dividends.

44.

Amendment of section 843 (capital allowances for buildings used for third level educational purposes) of Principal Act.

45.

Amendment of Part 41 (self assessment) of Principal Act.

46.

Amendment of section 787 (nature and amount of relief for qualifying premiums) of Principal Act.

47.

Amendments of Principal Act in consequence of a change in the currency of certain states.

48.

Amendment of Principal Act in consequence of convention with United States of America relating to double taxation, etc.

49.

Amendment of Part 26 (life assurance companies) of Principal Act.

50.

Amendment of section 1013 (limited partnerships) of Principal Act.

51.

Reduction in tax credits in respect of distributions.

52.

Abolition of tax credits.

53.

Amendment of definition of specified qualifying shares.

54.

Amendment of section 198 (certain interest not to be chargeable) of Principal Act.

Chapter 4

Corporation Tax

55.

Rate of corporation tax.

56.

Amendment of section 22 (reduced rate of corporation tax for certain income) of Principal Act.

57.

Amendment of section 713 (investment income reserved for policyholders) of Principal Act.

58.

Credit unions.

59.

Amendment of section 449 (credit for foreign tax not otherwise credited) of Principal Act.

60.

Relief for double taxation.

61.

Corporate donations to eligible charities.

62.

Relief for investment in renewable energy generation.

63.

Amendment of section 88 (deduction for gifts to Enterprise Trust Ltd.) of Principal Act.

64.

Amendment of section 715 (annuity business: separate charge on profits) of Principal Act.

Chapter 5

Capital Gains Tax

65.

Capital gains: rates of charge.

66.

Amendment of Part 27 (unit trusts and offshore funds) of Principal Act.

67.

Amendment of section 538 (disposals where assets lost or destroyed or become of negligible value) of Principal Act.

68.

Amendment of section 547 (disposals and acquisitions treated as made at market value) of Principal Act.

69.

Amendment of Chapter 3 (assets held in fiduciary or representative capacity, inheritances and settlements) of Part 19 of Principal Act.

70.

Repeal of section 592 (reduced rate of capital gains tax on certain disposals of shares by individuals) of Principal Act.

71.

Amendment of section 597 (replacement of business and other assets) of Principal Act.

72.

Amendment of section 598 (disposals of business or farm on retirement) of Principal Act.

73.

Amendment of section 652 (non-application of reliefs on replacement of assets in case of relevant disposals) of Principal Act.

74.

Amendment of section 980 (deduction from consideration on disposal of certain assets) of Principal Act.

75.

Amendment of section 1028 (married persons) of Principal Act.

Chapter 6

Income Tax and Corporation Tax: Reliefs for Renewal and Improvement of Certain Urban and Rural Areas

76.

Amendment of Part 10 (income tax and corporation tax: reliefs for renewal and improvement of certain urban areas, certain resort areas and certain islands) of Principal Act.

77.

Reliefs for renewal and improvement of certain rural areas.

PART 2

Customs and Excise

Chapter 1

Vehicle Registration Tax

78.

Interpretation (Chapter 1).

79.

Amendment of section 130 (interpretation) of Act of 1992.

80.

Amendment of section 132 (charge of excise duty) of Act of 1992.

81.

Amendment of section 134 (permanent reliefs) of Act of 1992.

82.

Amendment of section 139 (offences and penalties) of Act of 1992.

Chapter 2

Miscellaneous

83.

Interpretation (Chapter 2).

84.

Amendment of provisions relating to refreshment houses licences.

85.

Amendment of section 21 (hours of business in registered premises) of Betting Act, 1931.

86.

Increase in duty on bookmaker's premises registration certificate.

87.

Amendment of section 43 (gaming machine licence duty) of Finance Act, 1975.

88.

Amendment of section 123 (rates of duty) of Finance Act, 1992.

89.

Hydrocarbons.

90.

Amendment of section 21 (duties on hydrocarbon oil) of Finance Act, 1935.

91.

Amendment of section 731 (exemption from rates) of Merchant Shipping Act, 1894.

92.

Amendment of paragraph 8 of Order of 1975.

93.

Deferment of duty on spirits.

94.

Tobacco products.

95.

Amendment of section 103 (interpretation (Chapter II)) of Finance Act, 1992.

96.

Amendment of section 111 (accompanying documents) of Finance Act, 1992.

97.

Treatment of losses.

98.

General mutual assistance.

99.

Mutual assistance for the recovery of claims.

100.

Amendment of section 87A (obligation to answer certain questions, detention and arrest) of Finance Act, 1995.

101.

Taking of samples and analysis (customs and excise).

102.

Transmission of samples for analysis.

103.

Institution of proceedings under Customs Acts, etc.

PART 3

Value-Added Tax

104.

Interpretation (Part 3).

105.

Amendment of section 3 (supply of goods) of Principal Act.

106.

Amendment of section 4 (special provisions in relation to the supply of immovable goods) of Principal Act.

107.

Amendment of section 5 (supply of services) of Principal Act.

108.

Amendment of section 8 (taxable persons) of Principal Act.

109.

Amendment of section 10 (amount on which tax is chargeable) of Principal Act.

110.

Amendment of section 11 (rates of tax) of Principal Act.

111.

Amendment of section 12 (deduction for tax borne or paid) of Principal Act.

112.

Amendment of section 12A (special provisions for tax invoiced by flat-rate farmers) of Principal Act.

113.

Amendment of section 13 (remission of tax on goods exported, etc.) of Principal Act.

114.

Amendment of section 20 (refund of tax) of Principal Act.

115.

Amendment of section 30 (time limits) of Principal Act.

116.

Amendment of Second Schedule to Principal Act.

117.

Amendment of Sixth Schedule to Principal Act.

PART 4

Stamp Duties

118.

Amendment of section 54 (meaning of “conveyance on sale”) of Stamp Act, 1891.

119.

Amendment of section 59 (certain contracts to be chargeable as conveyances on sale) of Stamp Act, 1891.

120.

Amendment of First Schedule to Stamp Act, 1891.

121.

Amendment of section 92 (levy on certain premiums of insurance) of Finance Act, 1982.

122.

Amendment of section 203 (stamp duty in respect of cash cards) of Finance Act, 1992.

123.

Amendment of section 107 (relief for member firms) of Finance Act, 1996.

124.

Interest on unpaid or overpaid stamp duty.

125.

Repeals (Part 4).

PART 5

Capital Acquisitions Tax

126.

Amendment of section 117 (reduction in estimated market value of certain dwellings) of Finance Act, 1991.

127.

Amendment of section 117 (interest on tax) of Finance Act, 1993.

128.

Amendment of section 134 (exclusion of value of excepted assets) of Finance Act, 1994.

129.

Conditions before appeal may be made.

PART 6

Miscellaneous

130.

Capital Services Redemption Account.

131.

Interest payments by certain deposit takers.

132.

Tax clearance for criminal legal aid scheme.

133.

Interest on unpaid or overpaid taxes.

134.

Appeals.

135.

Amendment of Freedom of Information Act, 1997.

136.

Post-consolidation amendments.

137.

Care and management of taxes and duties.

138.

Short title, construction and commencement.

SCHEDULE 1

Amendments Consequential on Changes in Personal Reliefs

SCHEDULE 2

Provisions Amending Principal Act in Consequence of a Change in the Currency of Certain States

SCHEDULE 3

Amendment of Principal Act in Consequence of Convention with United States of America Relating to Double Taxation, etc.

SCHEDULE 4

Amendments Consequential on Changes in Amounts of Tax Credits in Respect of Distributions

SCHEDULE 5

Abolition of Tax Credits

SCHEDULE 6

Change in Rate of Corporation Tax: Further Provisions

SCHEDULE 7

Rates of Excise Duty on Tobacco Products

SCHEDULE 8

Stamp Duty Enactments Repealed

SCHEDULE 9

Post-Consolidation Amendments


Acts Referred to

Agricultural Co-operative Societies (Debentures) Act, 1934

1934, No. 39

Agricultural (Research, Training and Advice) Act, 1988

1988, No. 18

Air Companies Act, 1966

1966, No. 4

Betting Act, 1931

1931, No. 27

Bord na gCapall (Dissolution) Act, 1989

1989, No. 9

Capital Acquisitions Tax Act, 1976

1976, No. 8

Carriers Act, 1830

11 Geo. 4 & 1 Will. 4, c. 68

Central Bank Act, 1942

1942, No. 22

Companies Act, 1963

1963, No. 33

Companies Acts, 1963 to 1990

Consular Conventions Act, 1954

1954, No. 10

Continental Shelf Act, 1968

1968, No. 14

Credit Union Act, 1997

1997, No. 15

Criminal Justice (Legal Aid) Act, 1962

1962, No. 12

Dairy Produce (Miscellaneous Provisions) Act, 1973

1973, No. 21

Dentists Act, 1985

1985, No. 9

Dublin Docklands Development Authority Act, 1997

1997, No. 7

Dublin Institute of Technology Act, 1992

1992, No. 15

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

Electricity (Supply) Act, 1927

1927, No. 27

Energy (Miscellaneous Provisions) Act, 1995

1995, No. 35

Family Home Protection Act, 1976

1976, No. 27

Finance Act, 1895

58 & 59 Vict., c. 16

Finance (1909-10) Act, 1910

10 Edw. 7 & 1 Geo. 5, c. 8

Finance Act, 1925

1925, No. 28

Finance Act, 1931

1931, No. 31

Finance Act, 1935

1935, No. 28

Finance Act, 1950

1950, No. 18

Finance Act, 1966

1966, No. 17

Finance Act, 1969

1969, No. 21

Finance Act, 1973

1973, No. 19

Finance Act, 1975

1975, No. 6

Finance Act, 1976

1976, No. 16

Finance Act, 1978

1978, No. 21

Finance Act, 1979

1979, No. 11

Finance Act, 1980

1980, No. 14

Finance Act, 1981

1981, No. 16

Finance (No. 2) Act, 1981

1981, No. 28

Finance Act, 1982

1982, No. 14

Finance Act, 1983

1983, No. 15

Finance Act, 1984

1984, No. 9

Finance Act, 1985

1985, No. 10

Finance Act, 1986

1986, No. 13

Finance Act, 1987

1987, No. 10

Finance Act, 1988

1988, No. 12

Finance Act, 1989

1989, No. 10

Finance Act, 1990

1990, No. 10

Finance Act, 1991

1991, No. 13

Finance Act, 1992

1992, No. 9

Finance (No. 2) Act, 1992

1992, No. 28

Finance Act, 1993

1993, No. 13

Finance Act, 1994

1994, No. 13

Finance Act, 1995

1995, No. 8

Finance Act, 1996

1996, No. 9

Finance Act, 1997

1997, No. 22

Finance (Excise Duty on Tobacco Products) Act, 1977

1977, No. 32

Fóir Teoranta (Dissolution) Act, 1990

1990, No. 31

Freedom of Information Act, 1997

1997, No. 13

Gas Act, 1976

1976, No. 30

Grass Meal (Production) Act, 1953

1953, No. 11

Greyhound Industry Act, 1958

1958, No. 12

Health (Nursing Homes) Act, 1990

1990, No. 23

Hepatitis C Compensation Tribunal Act, 1997

1997, No. 34

Higher Education Authority Act, 1971

1971, No. 22

Housing Act, 1988

1988, No. 28

Housing (Miscellaneous Provisions) Act, 1979

1979, No. 27

Income Tax Act, 1967

1967, No. 6

Industrial Development (Amendment) Act, 1991

1991, No. 30

Industrial Development Act, 1986

1986, No. 9

Industrial Development Act, 1993

1993, No. 19

Industrial Development Act, 1995

1995, No. 28

Irish Horseracing Industry Act, 1994

1994, No. 18

Irish News Agency Act, 1949

1949, No. 33

Johnstown Castle Agricultural College (Amendment) Act, 1959

1959, No. 30

Johnstown Castle Agricultural College Act, 1945

1945, No. 33

Labour Services Act, 1987

1987, No. 15

Live Stock (Artificial Insemination) Act, 1947

1947, No. 32

Local Authorities (Higher Education Grants) Acts, 1968 to 1992

Local Government (Planning and Development) Acts, 1963 to 1993

Medical Practitioners Act, 1978

1978, No. 4

Merchant Shipping Act, 1894

57 & 58 Vict., c. 60

Milk (Regulation of Supply) Act, 1994

1994, No. 25

National Bank Transfer Act, 1966

1966, No. 8

National Building Agency Act, 1963

1963, No. 32

National School Teachers Residences (Ireland) Act, 1875

38 & 39 Vict., c.82

National Stud Act, 1945

1945, No. 31

Nítrigin Éireann Teoranta Act, 1970

1970, No. 4

Nurses Act, 1985

1985, No. 18

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 93

Railways (Existing Officers and Servants) Act, 1926

1926, No. 25

Refreshment Houses (Ireland) Act, 1860

23 & 24 Vict., c. 107

Regional Technical Colleges Act, 1992

1992, No. 16

Revenue Act, 1898

61 & 62 Vict., c. 46

Scholarship Exchange (Ireland and the United States of America) Act, 1957

1957, No. 24

Shannon Free Airport Development Company Limited Act, 1959

1959, No. 36

Social Welfare (Consolidation) Act, 1993

1993, No. 27

Stamp Act, 1891

54 & 55 Vict., c. 39

State Lands (Workhouses) Act, 1962

1962, No. 8

State Property Act, 1954

1954, No. 25

Taxes Consolidation Act, 1997

1997, No. 39

Tourist Traffic Act, 1955

1955, No. 5

Transport (Miscellaneous Provisions) Act, 1971

1971, No. 14

Transport Act, 1944

1944, No. 21

Transport Act, 1950

1950, No. 12

Tuberculosis (Establishment of Sanatoria) Act, 1945

1945, No. 4

Turf Development Act, 1946

1946, No. 10

Value-Added Tax Act, 1972

1972, No. 22

Value-Added Tax Acts, 1972 to 1997

Value-Added Tax (Amendment) Act, 1978

1978, No. 34

Wealth Tax Act, 1975

1975, No. 25

Wool Marketing Act, 1984

1984, No. 11

Youth Employment Agency Act, 1981

1981, No. 32

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Number 3 of 1998


FINANCE ACT, 1998


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. [27th March, 1998]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: