I move:
That section 8 of the Finance Act, 1973 (No. 19 of 1973), be amended by the substitution of "the 1st day of April, 1977" for "the 1st day of April, 1975".
Finance Bill, 1975: Financial Resolutions.
There is a technical point which I should like to have cleared up. A number of these resolutions are based on the assumption that certain items in the Bill will be accepted, items to which there are amendments down. For example, there is one relating to the rate of interest to be charged on overdue tax. If the Minister were to accept such an amendment, what would be the effect, the House having accepted the relevant resolution?
This is a procedural resolution. It simply permits the various taxes imposed by the Act to be charged. If the Bill is amended in any way it is still caught by this. The resolution of itself does not confer entitlement in relation to every specific thing in the Bill until the Bill becomes law.
In practice in such a case the resolution would be of no effect. Is that right?
It is like St. John the Baptist; it prepares the way.
I do not wish to delay the procedure of the House by discussing each of the resolutions but, on the other hand, I do not want to be committed or to have the Minister committed because we agree formally to the resolutions in such a way that we cannot effectively change the substance of certain sections in the Bill because these resolutions have been adopted.
I certainly will not make that point.
In practice, if it were passed and if the relevant section of the Bill were changed, what would be the effect of having passed the resolution in question in those circumstances?
Quite frankly that is a matter on which I should like to consult Standing Orders. The point has not been raised.
Can we take it that so far as both sides of the House are concerned the acceptance of these resolutions does not commit us in any way, that is, in our attitude to discussion of the relevant sections?
In any discussion of the relevant sections I will not suggest that people are stopped from discussing them or voting in a certain way because of the effect of these resolutions. On the procedural matter I should like to have an opportunity of consulting Standing Orders before giving any obiter dictum.
On the basis put forward by the Minister and on the understanding that we on this side are not in any way bound in our attitudes to any of the sections by the acceptance of these resolutions, we agree to them.
Question put and agreed to.
I move:
That the definition of "occupation" for the purpose of Chapter II of Part I of the Finance Act, 1974 (No. 27 of 1974), be amended to include, in relation to any land, the having the use thereof or the having the right by virtue of any easement (within the meaning of section 80 of the Income Tax Act, 1967 (No. 6 of 1967)) to graze livestock thereon.
Question put and agreed to.
I move:
That, as respects interest payable on or after the 12th day of February, 1975, section 35 of the Finance Act, 1973 (No. 19 of 1973), be amended by the insertion after paragraph (a) of the following paragraph:
"(aa) section 17 (6A) of the Finance Act, 1970 (No. 14 of 1970),".
Question put and agreed to.
I move:
That provision be made for the imposition of a charge of interest at the rate of 1.5 per cent. (in lieu of the rate at present chargeable) for each month or part of a month commencing on or after the 6th day of April, 1975, for which interest is chargeable in the circumstances specified in—
(a) section 14 of the Finance Act, 1962 (No. 15 of 1962),
(b) section 129 of the Income Tax Act, 1967 (No. 6 of 1967),
(c) section 550 of the said Income Tax Act, 1967,
(d) section 17 (6A) (inserted by the Finance Act, 1971 (No. 23 of 1971)) of the Finance Act, 1970 (No. 14 of 1970),
(e) sections 20 (2) and 50 (2) of the Finance Act, 1971 (No. 23 of 1971), and
(f) section 21 of the Value-Added Tax Act, 1972 (No. 22 of 1972),
on income tax, sur-tax, corporation profits tax and value-added tax due to be paid or remitted whether before, on or after that date.
Question put and agreed to.
I move:
That the provisions contained in section 39 of the Value-Added Tax Act, 1972 (No. 22 of 1972), which relate to the consequential adjustment of capital allowance to be made under specified provisions of the Income Tax Acts, by reference to amounts of value-added tax in respect of which a person may claim a deduction under section 12 of the said Value-Added Tax Act, 1972, be amended—
(a) so as to include capital allowances to be made under the Finance (Taxation of Profits of Certain Mines) Act, 1974 (No. 17 of 1974) or section 22 of the Finance Act, 1974 (No. 27 of 1974), and
(b) so as to take account of refunds of value-added tax made by virtue of an order under section 20 (3) of the said Value-Added Tax Act, 1972.
Question put and agreed to.
I move:
That section 41 (7) of the Finance Act, 1974 (No. 27 of 1974), be amended, as on and from the 12th day of February, 1975, by the substitution of "section 16 (3)" for "section 16 (2)".
Question put and agreed to.
I move:
That, for the purposes of the Income Tax Acts "capital allowance" be defined to mean any allowance (other than an allowance or deduction to be made in computing profits or gains) under—
(a) Parts XIII to XVIII of the Income Tax Act, 1967,
(b) section 22 of the Finance Act, 1971,
(c) the Finance (Taxation of Profits of Certain Mines) Act, 1974, or
(d) section 22 of the Finance Act, 1974,
that "capital allowances" be construed accordingly and that such further provision be made in the Act giving effect to this Resolution as may be necessary and consequential on the enactment of such definition.
Question put and agreed to.
I move:
(1) That this Resolution applies to licences granted to persons under the Act giving effect to this Resolution authorising them to cause or permit gaming machines to be made available for play on premises specified in the licences.
(2) That provision be made for imposing on licences to which this Resolution applies a duty of excise at the rate of an amount specified in the Act giving effect to this Resolution in respect of each gaming machine to which a licence relates.
Question put and agreed to.
I move:
That, with effect from a date to be appointed by the Minister for Finance by order under the Act giving effect to this Resolution—
(a) the amount payable in respect of dog duty in the circumstances specified in section 37 (1) of the Finance Act, 1925 (No. 28 of 1925), shall, in lieu of the amount specified in the said section 37 (1), be £1 and
(b) the annual sum payable in respect of dog duty in the circumstances specified in section 33 (1) of the Finance Act, 1963 (No. 23 of 1963), shall in lieu of the amount specified in the said section 33 (1), be £25.
Question put and agreed to.
I move:
That as on and from the date of the passing of the Act giving effect to this Resolution, subject to the provisions of that Act—
(1) where the amount or value of the consideration exceeds £20,000, the stamp duty chargeable on conveyances and transfers on sale of any property (other than stocks or marketable securities) and on leases be charged as follows:
(a) at the rate of £2 for every £50 or fractional part of £50 of the amount or value of the consideration where the amount or value of the consideration exceeds £20,000 and does not exceed £50,000, and
(b) at the rate of £3 for every £50 or fractional part of £50 of the amount or value of the consideration where the amount or value of the consideration exceeds £50,000, and
(2) the reference in paragraph (1) of this Resolution to conveyances and transfers on sale be deemed to include any conveyance or transfer of any property (other than stocks or marketable securities) operating as a voluntary disposition inter vivos and any reference in the said paragraph to the amount or value of any consideration be construed in relation to duty chargeable on such conveyance or transfer as a reference to the value of the property.
Question put and agreed to.
I move:
That section 13 of the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended by the insertion after subsection (2), of the following subsection:
"(2A) (a) With effect on and from the 1st day of March, 1975, notwithstanding any other provision of this Act or of regulations—
(i) subsection (1) and section 17 (2) shall not apply to deliveries of live cattle, and
(ii) dealers in livestock and auctioneers (including persons operating a livestock mart) shall not be treated as persons required under this section to issue invoices in respect of the delivery of live cattle.
(b) (i) This subsection shall expire at the end of the appointed day.
(ii) In this paragraph "the appointed day" means the 30th day of June, 1976, or such day before that day as the Minister may specify by order under this paragraph.
(iii) The reference in paragraph (c) of subsection (3) to an order under that subsection shall be construed as including a reference to an order under this paragraph and paragraph (c) shall have effect accordingly.".
Question put and agreed to.
I move:
That the Third Schedule to the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended by the substitution in paragraph (iii) of Part II of "specified in section 11 (1) (a)" for "of 5.26 per cent.".
Question put and agreed to.
I move:
That section 4 (a) of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927), be amended by the substitution of "thirty days" for "twenty days".
Question put and agreed to.