Vol. 321 No. 9
I move:
That section 477 of the Income Tax Act, 1967 (No. 6 of 1967), and section 20 (2) of the Finance Act, 1971 (No. 23 of 1971), be amended as specified in the Act giving effect to this Resolution, in relation to the dates on or before which income tax charged under Schedule D or Schedule E is to be due and payable for the year of assessment 1980-81 and subsequent years of assessment.
I move:
That, with effect from the year of assessment 1980-81, provision be made in the Act giving effect to this Resolution, to the extent and in the circumstances specified in that Act—
(a) defining the cases in which—
(i) sums which would otherwise be treated as income of a woman are to be treated as the income of her husband for tax purposes,
(ii) certain reliefs from income tax are to be granted to a husband whose wife is living with him.
(iii) a husband and wife are to be separately assessed to tax and certain reliefs from income tax, which could otherwise be due to the husband, are to be apportioned between the spouses,
and
(b) rendering a woman, her trustee, guardian or committee or her executors or administrators liable in certain cases for amounts of unpaid tax assessed on her husband, his trustee, guardian or committee or his executors or administrators,
and
(c) in relation to the year of assessment 1979-80 and earlier years of assessment—
(i) imposing a prohibition on certain repayments of tax, and
(ii) authorising the making of assessments on the basis specified in the Act giving effect to this Resolution.
I move:
That, as respect the year 1980-81 and subsequent years of assessment—
(a) section 15 (farming profits to be charged under Schedule D) of the Finance Act, 1974 (No. 27 of 1974), be amended by the substitution in subsection (3) of "£40" for "£50", and
(b) section 19 (limit on amount of tax to be charged in certain cases) of the said Act (inserted by the Finance Act, 1978 (No. 21 of 1978)), be amended—
(i) by the substitution in the definition of V in subsection (1) of "£39" for "£49", and
(ii) by the substitution in subsection (2) of "£49" for "£59".
I move:
That sections 20 and 21 (inserted by the Finance Act, 1978 (No. 21 of 1978)) of the Finance Act, 1974, shall not apply or have effect in relation to the year 1980-81 or any subsequent year of assessment.
I move:
That, in any case where section 28 of the Finance Act, 1974 (No. 27 of 1974), applies for any year of assessment in relation to an individual, if the other income, within the meaning of that section, of the individual is income of his spouse, the individual and his spouse shall be assessed to tax for that year in accordance with the provisions of section 193 of the Income Tax Act, 1967, (No. 6 of 1967), and the proviso to the said section 193 shall not have effect.
I move:
(1) That provision be made in the Act giving effect to this Resolution to the extent and in the circumstances specified in that Act for restricting the capital allowances to be made to a person for any chargeable period commencing on or after the 6th day of April, 1980.
(2) In this Resolution—
"capital allowances" has the same meaning as in section 33 of the Finance Act, 1975 (No. 6 of 1975);
"farming" has the same meaning as in Chapter II of Part I of the Finance Act, 1974 (No. 27 of 1974).
I move:
That, as respects the year 1980-81 and subsequent years of assessment, the provisions of section 17 of the Finance Act, 1974 (No. 27 of 1974), under which farm land is deemed to be occupied by an individual where it is owned or occupied by another person be amended to the extent and in the circumstances specified in the Act giving effect to this Resolution.
I move:
That—
(1) (a) with effect from the year of assessment 1980-81, a tax to be called resource tax shall be charged upon any person occupying farm land the rateable valuation of which amounts to £70 or more, and
(b) the said tax shall be paid by such persons, in such circumstances and at such rate as may be specified in the Act giving effect to this Resolution.
(2) In this Resolution "farm land" has the meaning assigned to it by Chapter II of Part I of the Finance Act, 1974, and "occupying" shall be construed in accordance with the meaning assigned to "occupation" by that Chapter.
I move:
That provision be made in the Act giving effect to this Resolution so as to ensure that, to the extent specified in that Act, the reference in section 30 of the Finance Act, 1977 (No. 18 of 1977), to section 24 of the latter Act shall include, and shall be deemed always to have included, references to sections 24A and 24B of the latter Act.
I move:
That, in connection with the reduction (provided for in the Act giving effect to this Resolution) with effect from the 1st day of January, 1981, of corporation tax referable to the income from the sale of certain goods manufactured in the State, provision be made in the Act giving effect to this Resolution so as to secure, in the manner and to the extent specified in that Act—
(a) that relief shall not be given under Part IV of the Corporation Tax Act, 1976 (No. 7 of 1976), in respect of any accounting period or part of an accounting period falling after the 31st day of December, 1980.
(b) the amendment, with effect as respects relevant accounting periods (within the meaning of Part IV of the Corporation Tax Act, 1976) which end before the 1st day of January, 1981, of section 58 of the said Corporation Tax Act, 1976.
(c) that no trading operation of a company carried on on or after the 1st day of January, 1981, shall be an exempted trading operation for the purposes of Part V of the Corporation Tax Act, 1976, and
(d) the amendment of the provisions of the Corporation Tax Act, 1976, relating to tax credits in respect of distributions and to the reduction of assessments to income tax made in respect of distributions to persons not resident in the State.
I move:
That, unless the circumstances of the case otherwise require—
(a) where on an appeal against an assessment which assesses an amount which is chargeable to tax it appears to the Special Commissioners (within the meaning of the Income Tax Act, 1967, (No. 6 of 1967) that the appellant is overcharged by the assessment they may, in determining the appeal, reduce only the amount which is chargeable to tax,
(b) where, on such an appeal as aforesaid, it appears to the said Commissioners that the appellant is correctly charged by the assessment they may, in determining the appeal, order that the amount which is chargeable to tax shall stand good, and
(c) where, on such an appeal as aforesaid, it appears to the said Commissioners that the appellant ought to be charged in an amount exceeding the amount contained in the assessment, they may charge the excess by increasing only the amount which is chargeable to tax.
Could the Minister elaborate on this resolution?
This resolution refers to section 49 (2) of the Bill which provides that as regards some past and future determination of appeals it is sufficient for the appeal commissioners to determine the amount of the income on which tax is chargeable without going on to actually work out the tax payable on the income. We will be dealing with this in greater detail, as the Deputy knows, in section 49 of the Bill.
I move:
That the following section shall be substituted for section 4 of the Income Tax Act, 1967 (No. 6 of 1967):
"4. Where an Act enacts that income tax shall be charged for any year at any rate or rates, tax at that rate or at those rates, as may be appropriate, shall, subject to the provisions of this Act and the Corporation Tax Act, 1976 (No. 7 of 1976) be charged for that year in respect of all property, profits or gains respectively described or comprised in the Schedules contained in the sections enumerated below, that is to say—
Schedule C—Section 47;
Schedule D—Section 52;
Schedule E—Section 109; and
Schedule F—Section 83 of the Corporation Tax Act, 1976, and
in accordance with the provisions of this Act and of the Corporation Tax Act, 1976, respectively applicable to those Schedules.
I move:
That any allowance or relief for tax purposes in relation to expenses incurred on or after the 27th day of February, 1980, in respect of business entertainment (including hospitality of any kind and gifts) shall be restricted in accordance with the provisions of the Act giving effect to this Resolution and that provision be made for restricting, for tax purposes, capital allowances in respect of assets used for such entertainment.
I move:
That section 265 (4) of the Income Tax Act, 1967, be amended by the substitution for "whole of the relevant period." of "whole of the relevant period:
Provided that where, but for section 264 (4) or the proviso to paragraph 1 (5) of the First Schedule to the Corporation Tax Act, 1976, a writing-down allowance would have been made to a person for any chargeable period, the part of the relevant period comprised in the said chargeable period or its basis period shall be deemed for the purposes of this sub-section to be comprised in a chargeable period for which a writing-down allowances was made to the person."
I move:
That provision be made in the Act giving effect to this Resolution to delete certain references to sterling in the Capital Gains Tax Act, 1975 (No. 20 of 1975), so as to align the treatment of that currency for purposes of capital gains tax with the treatment of any other foreign currency.
I move:
That provision be made in the Act giving effect to this Resolution for increasing the excise duty chargeable on—
(a) the licences for the manufacture or sale of intoxicating liquor specified in Part I of the Seventh Schedule to that Act, and
(b) the statement of purchases of intoxicating liquor to be supplied in a club.
I move:
That provision be made in the Act giving effect to this Resolution for increasing the excise duty chargeable on—
(a) firearm certificates,
(b) gaming licences,
(c) refreshment house licences, and
(d) the licences specified in Part IV of the Seventh Schedule to that Act.
I move:
That, with effect as on and from the 1st day of July, 1980, the First Schedule to the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended by the substitution of the following paragraph for paragraph (xv):
"(xv) the acceptance of bets subject to the duty of excise imposed by section 24 of the Finance Act, 1926, and of the bets where the event which is the subject of the bet is either a horse race or a greyhound race and the bet is entered into during the meeting at which such race takes place and at the place at which such meeting is held."
I move:
That provision be made in the Act giving effect to this Resolution for—
(a) amending, in the manner and to the extent specified in that Act, the conditions for the granting of relief from stamp duty in the case of transfers of property between certain associated companies, and
(b) enabling, in the manner and to the extent specified in that Act, certain categories of associated companies hitherto excluded to come within the scope of the relief.
I move:
That provision be made in the Act giving effect to this Resolution for imposing in the manner and to the extent specified in that Act, a stamp duty at the rate of 1.5 per cent on course bets within the meaning of the Racing Board and Racecourses Act, 1945 (No. 16 of 1945), and on course bets within the meaning of the Greyhound Industry Act (No. 12 of 1958).
I move:
That section 15 (2) of the Finance Act, 1922, shall, as applied by section 3 of the Finance (Excise Duties) (Vehicles) Act, 1952 (No. 24 of 1952), and notwithstanding the terms of the latter section, have effect, as respects licences to which the said section 15 (2) applies taken out on or after the 1st day of January, 1981, as if—
(a) "£100" were substituted for "thirty-seven pounds ten shillings" (inserted by the said Finance (Excise Duties) (Vehicles) Act, 1952) in paragraph (a),
(b) "£20" were substituted for "seven pounds ten shillings" (inserted by the said Finance (Excise Duties) (Vehicles) Act, 1952) in paragraphs (a) and (b), and
(c) "£4" were substituted for "one pound ten shillings" (inserted by the said Finance (Excise Duties) (Vehicles) Act, 1952) in paragraph (b).
I move:
That the enactments specified in column (2) of the Eighth Schedule to the Act giving effect to this Resolution be repealed to the extent specified in column (3) of that Schedule.
We have let through 22 Financial Resolutions more or less on the nod since we have come to an agreement with the Government, because of the late budget this year and because of the peculiar circumstances when the time is being curtailed very much for the Committee Stage of the Finance Bill, to finish by 3 o'clock next Thursday. Even though I would have liked to have said something on those Financial Resolutions it would be only duplication if I did so and I will be saying something on the relevant sections when we come to them in the Bill.
