Finance Act 2016

Fisher tax credit

6. (1) The Principal Act is amended by inserting the following after section 472B:

“Fisher tax credit

472BA. (1) In this section—

‘aquaculture animal’ means an aquatic animal at all its life stages, including eggs, sperm and gametes, reared in a farm or mollusc farming area, including an aquatic animal from the wild intended for a farm or mollusc farming area;

‘day at sea’ means a cumulative period of 8 hours within any 24 hour period during which the fisher undertakes fishing voyages;

‘fisher’ means any person engaging in fishing on board a fishing vessel;

‘fishing vessel’ means a vessel which is—

(a) registered on the European Community Fishing Fleet Register in accordance with Commission Regulation (EC) No. 26/2004 of 30 December 20031 , and

(b) is used solely for the purposes of sea-fishing,

but does not include a vessel that is engaged in fishing or dredging solely for scientific, research or training purposes;

‘fishing voyage’ means a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip, but a return due to distress only shall not be deemed to be a return if it is followed by a resumption of the trip;

‘sea-fish’ means fish of any kind found in the sea, whether fresh or in other condition, including crustaceans and molluscs, but does not include salmon, fresh water eels or aquaculture animals;

‘sea-fishing’ means fishing for or taking sea-fish.

(2) Where for a year of assessment an individual to whom this section applies has spent not less than 80 days at sea actively engaged in sea-fishing, he or she shall be entitled to a tax credit (to be known as the ‘fisher tax credit’) of €1,270.

(3) Where for a year of assessment an individual makes a claim under this section, relief shall not be given under section 472B for that year of assessment.

(4) This section applies to an individual, resident in the State—

(a) the profits or gains of whom in relation to their trade as a fisher are charged to tax under Schedule D, or

(b) the emoluments of whom in relation to their employment as a fisher are charged to tax under Schedule E.”.

(2) Subsection (1) applies for the year of assessment 2017 and each subsequent year of assessment.

1OJ No. L5, 9.1.2004, p.25