Financial Emergency Measures in the Public Interest Act 2009

Amendment of Income Tax Acts.

16.— (1) The Taxes Consolidation Act 1997 is amended in Chapter 4 of Part 30 by inserting the following section after section 790B:

“Relief for deduction under Financial Emergency Measures in the Public Interest Act 2009.

790C.— Any deduction made under the Financial Emergency Measures in the Public Interest Act 2009 in respect of a public servant (within the meaning of that Act) shall, in assessing income tax under Schedule E, be allowed to be deducted as an expense incurred in the year in which the deduction is made.”.

(2) The Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 ) are amended in Regulation 41—

(a) by substituting “ ‘allowable contribution’ means a contribution or a deduction payable by an employee” for “ ‘allowable contribution’ means a contribution payable by an employee”,

(b) in paragraph (c) by substituting “paid,” for “paid, or”, and in paragraph (d) by substituting “paid, or” for “paid.”, and

(c) by inserting the following after paragraph (d):

“(e) by virtue of section 790C of the Act (inserted by section 16 of the Financial Emergency Measures in the Public Interest Act 2009) allowable as a deduction from such emoluments for the purposes of assessment under Schedule E.”.

(3) Nothing in subsection (2) shall be read so as to affect the powers conferred on the Revenue Commissioners under section 986 of the Taxes Consolidation Act 1997 to make, amend or revoke Regulations under that section, including Regulation 41 of the Income Tax (Employments) (Consolidated) Regulations 2001 as amended by that subsection.