Finance Act 2017


Number 41 of 2017




Income Tax, Universal Social Charge, Corporation Tax and Capital Gains Tax

Chapter 1


1. Interpretation (Part 1)

Chapter 2

Universal Social Charge

2. Amendment of section 531AN of Principal Act (rate of charge)

Chapter 3

Income Tax

3. Amendment of section 15 of Principal Act (rate of charge)

4. Amendment of section 466A of Principal Act (home carer tax credit)

5. Amendment of section 472AB of Principal Act (earned income tax credit)

6. Amendment of section 244 of Principal Act (relief for interest paid on certain home loans)

7. Benefit in kind: relief relating to electric vehicles

8. Taxation of certain perquisites: employees of authorised insurers and tied health insurance agents

9. Amendment of section 458 of Principal Act (deductions allowed in ascertaining taxable income and provisions relating to reductions in tax)

Chapter 4

Income Tax, Corporation Tax and Capital Gains Tax

10. Key Employee Engagement Programme

11. Amendment of section 285A of Principal Act (acceleration of wear and tear allowances for certain energy-efficient equipment)

12. Amendment of Parts 9 and 36 of, and Schedule 25B to, Principal Act (capital allowances for equipment and buildings used for the purposes of providing childcare services or a fitness centre to employees)

13. Pre-letting expenditure in respect of vacant premises

14. Amendment of certain anti-avoidance provisions of Principal Act

15. Amendment of section 664 of Principal Act (relief for certain income from leasing of farm land)

16. Amendment of Part 16 of Principal Act (income tax relief for investment in corporate trades - employment and investment incentive and seed capital scheme)

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

18. Amendment of Chapter 1A of Part 27 of Principal Act (investment undertakings)

19. Irish real estate funds

Chapter 5

Corporation Tax

20. Amendment of section 110 of Principal Act (securitisation)

21. Amendment of section 769K of Principal Act (adaptation of provisions relating to relief for relevant trading losses and relevant charges on income)

22. Amendment of section 76A of Principal Act (computation of profits or gains of a company - accounting standards)

23. Amendment of section 135 of Principal Act (distributions: supplemental)

24. Charges on income for corporation tax purposes

25. Amendment of section 291A of Principal Act (intangible assets)

Chapter 6

Capital Gains Tax

26. Amendment of section 29 of Principal Act (persons chargeable)

27. Amendment of section 626B of Principal Act (exemption from tax in the case of gains on certain disposals of shares)

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

29. Amendment of section 604B of Principal Act (relief for farm restructuring)

30. Amendment of Chapter 6 of Part 19 of Principal Act (transfers of business assets)

31. Amendment of Part 20 of Principal Act (companies’ chargeable gains)

32. Amendment of section 613 of Principal Act (miscellaneous exemptions for certain kinds of property)

33. Amendment of section 604A of Principal Act (relief for certain disposals of land or buildings)

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



Chapter 1

Sugar Sweetened Drinks Tax

35. Interpretation (Chapter 1)

36. Charging and rates of sugar sweetened drinks tax

37. Liability to pay sugar sweetened drinks tax

38. Registration of sugar sweetened drinks suppliers and exporters

39. Returns and payment by sugar sweetened drinks suppliers

40. Relief from sugar sweetened drinks tax for supplies made outside the State

41. Returned sugar sweetened drinks

42. Repayments of sugar sweetened drinks tax

43. Records

44. Offence and penalty (Chapter 1)

45. Regulations (Chapter 1)

46. Care and management (Chapter 1)

47. Commencement (Chapter 1)

Chapter 2


48. Amendment of Chapter 4 of Part 2 of Finance Act 2001 (powers of officers)

49. Rates of tobacco products tax

50. Amendment of Chapter 1 of Part 2 of Finance Act 2002 (consolidation and modernisation of betting duties law)

51. Amendment of section 137A of Finance Act 2001 (substitute fuels)

52. Amendment of section 99A of Finance Act 1999 (relief for qualifying road transport operators)

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

54. Amendment of section 135D of Finance Act 1992 (repayment of amounts of vehicle registration tax on export of certain vehicles)


Value-Added Tax

55. Interpretation (Part 3)

56. Amendment of Schedule 3 to Principal Act (goods and services chargeable at the reduced rate)

57. Exempted education activities

58. Miscellaneous amendments to Principal Act


Stamp Duties

59. Interpretation (Part 4)

60. Amendment of Schedule 1 to Principal Act (stamp duties on instruments)

61. Repayment of stamp duty where land used for residential development

62. Shares deriving value from immovable property situated in State

63. Miscellaneous stamp duty amendments

64. Amendment of section 106B of Principal Act (housing authorities and Affordable Homes Partnership)

65. Amendments in relation to certain farming reliefs

66. Amendment of section 79 of Principal Act (conveyances and transfers of property between certain bodies corporate)

67. Amendment of section 80 of Principal Act (reconstructions or amalgamations of companies)

68. Farm consolidation relief


Capital Acquisitions Tax

69. Interpretation (Part 5)

70. Amendment of section 85 of Principal Act (exemption relating to retirement benefits)

71. Amendment of section 86 of Principal Act (exemption relating to certain dwellings)

72. Amendment of section 89 of Principal Act (provisions relating to agricultural property)



73. Interpretation (Part 6)

74. Amendment of section 122 of Principal Act (preferential loan arrangements)

75. Appealable matters

76. Taxpayer information

77. PAYE modernisation

78. Amendment of Chapter 4 of Part 38 of Principal Act (Revenue powers)

79. Amendment of section 531AA of Principal Act (interpretation: Part 18C)

80. Provision to modify agreements for relief from double taxation

81. Amendment of Schedule 24A to Principal Act (arrangements made by the Government with the government of any territory outside the State in relation to affording relief from double taxation and exchanging information in relation to tax)

82. Consequential amendments to the Acts following enactment of Companies Act 2014

83. Mergers, divisions and transfers of assets

84. Amendment of section 865 of Principal Act (repayment of tax)

85. Amendment of section 67 of Finance Act 1988 (capital services redemption account)

86. Report of Minister for Finance

87. Care and management of taxes and duties

88. Short title, construction and commencement


PAYE Modernisation


Consequential Amendments to the Acts (within the meaning of section 82) following enactment of Companies Act 2014


Appealable Matters


Sugar Sweetened Drinks Tax

Acts Referred to

Appropriation Act 1965 (No. 21)

Appropriation Act 1969 (No. 30)

Betting Act 1931 (No. 27)

Building Control Act 1990 (No. 3)

Capital Acquisitions Tax Consolidation Act 2003 (No. 1)

Central Bank Act 1971 (No. 24)

Child Care Act 1991 (No. 17)

Commissioners of Public Works (Functions and Powers) Act 1996 (No. 3)

Companies (Amendment) Act 1983 (No. 13)

Companies Act 1963 (No. 33)

Companies Act 1990 (No. 33)

Companies Act 2014 (No. 38)

Companies Acts 1963 to 1990

Companies Acts 1963 to 1999

Customs Act 2015 (No. 18)

Customs Consolidation Act 1876 (39 & 40 Vict. c. 36)

Education Act 1998 (No. 51)

Electricity Regulation Act 1999 (No. 23)

Finance Act 1970 (No. 14)

Finance Act 1988 (No. 12)

Finance Act 1992 (No. 9)

Finance Act 1999 (No. 2)

Finance Act 2001 (No. 7)

Finance Act 2002 (No. 5)

Finance Act 2005 (No. 5)

Finance Act 2012 (No. 9)

Finance Act 2016 (No. 18)

Industrial and Provident Societies Act 1893 (56 & 57 Vict. c.39)

Planning and Development Act 2000 (No. 30)

Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28)

Regional Technical Colleges Act 1992 (No. 16)

Stamp Duties Consolidation Act 1999 (No. 31)

Taxes Consolidation Act 1997 (No. 39)

Universities Act 1997 (No. 24)

Value-Added Tax Consolidation Act 2010 (No. 31)


Number 41 of 2017


An Act to provide for the imposition, repeal, remission, alteration and regulation of taxation, of stamp duties and of duties relating to excise and otherwise to make further provision in connection with finance including the regulation of customs.

[25th December, 2017]

Be it enacted by the Oireachtas as follows: