Finance Act 2014

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SCHEDULE 3

Miscellaneous Technical Amendments in Relation to Tax

Section 97

1. The Taxes Consolidation Act 1997 is amended—

(a) in section 10(5) by inserting “or civil partner” after “and with the spouse”,

(b) in Part 1 of the Table to section 458 by inserting “Section 485F” after “Section 481”,

(c) in section 473A(1), in the definition of “approved college”—

(i) in paragraph (a)(i) by substituting “a scheme or schemes of grants approved by the Minister under the Student Support Act 2011 ” for “a scheme approved by the Minister under the Local Authorities (Higher Education Grants) Acts 1968 to 1992”, and

(ii) in paragraph (c)(i) by substituting “a scheme or schemes of grants approved by the Minister under the Student Support Act 2011 ” for “a scheme approved by the Minister under the Local Authority (Higher Education Grants) Acts 1968 to 1992”,

(d) in section 480A(7) by substituting “for the retirement year” for “in the retirement year” in each place,

(e) in section 598(1)(a), in the definition of “payment entitlement”, by substituting “Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013¹² ” for “Council Regulation (EC) No. 1782/2003 of 29 September 2003¹³ ”,

(f) in section 739I(2) by substituting “Acts” for “Tax Acts” in each place,

(g) in paragraph 1(1) of Part 1 of Schedule 3, in clause (a) of the definition of “the standard capital superannuation benefit” by inserting “taxable” before “emoluments”, and

(h) in paragraph 5 of Part 1 of Schedule 26A by deleting “in the State”.

2. Section 101A(1) of the Stamp Duties Consolidation Act 1999 is amended by substituting “Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013¹⁴ ” for “Council Regulation (EC) No. 1782/2003 of 29 September 2003¹⁵ ”.

3. Section 89 (1) of the Capital Acquisitions Tax Consolidation Act 2003 is amended in paragraph (b) of the definition of “agricultural property” by substituting “Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013¹⁶ ” for “Council Regulation (EC) No. 1782/2003 of 29 September 2003¹⁷ ”.

4. Section 130 of the Finance Act 1992 is amended in the definition of “mechanically propelled vehicle” by substituting the following for paragraph (d):

“(d) is capable of achieving vehicle propulsion at the time of registration or at the time of examination by a competent person under section 135D(1)(d), to the satisfaction of the Commissioners,”.

5. The Finance Act 2001 is amended—

(a) in section 109J(6) —

(i) in paragraph (a) by inserting “or” after “document,”,

(ii) in paragraph (b) by substituting “document.” for “document, or”, and

(iii) by deleting paragraph (c),

(b) in section 125A—

(i) in subsection (2) by substituting “paragraph (ii) of subsection (1) ” for “subsection (1)(b) ”,

(ii) in subsection (3)(a) by substituting “paragraph (i) of subsection (1) ” for “subsection (1)(a) ”, and

(iii) in subsection (3)(b) by substituting “paragraph (ii) of subsection (1) ” for “subsection (1)(b) ”,

and

(c) in section 136 by substituting “section 97” for “section 97(1) ” in each place.

6. Section 21 of the Finance Act 2013 is amended in subsection (1)(m) by deleting “(c),”.

7. Section 28 of the Finance (No. 2) Act 2013 is amended in subsection (2) by inserting “or Part 41A” after “section 951”.

8. (a) Subject to subparagraphs (b) and (c), paragraphs 1, 4, 5 and 6 have effect on and from the passing of this Act.

(b) Subparagraph (e) of paragraph 1 has effect as respects disposals made on or after 1 January 2015.

(c) Subparagraph (h) of paragraph 1 is deemed to have come into operation on and from 5 November 2012.

(d) Paragraph 2 has effect as respects instruments executed on or after 1 January 2015.

(e) Paragraph 3 has effect as respects gifts and inheritances taken on or after 1 January 2015.

(f) Paragraph 7 is deemed to have come into operation on and from 18 December 2013.

¹²OJ No. L347, 20.12.2013, p.608

¹³OJ No. L270, 21.10.2003, p.1

¹⁴OJ No. L347, 20.12.2013, p.608

¹⁵OJ No. L270, 21.10.2003, p.1

¹⁶OJ No. L347, 20.12.2013, p.608

¹⁷OJ No. L270, 21.10.2003, p.1