Finance Bill, 1983: Financial Resolutions.

I move:

That, as respects the year 1983-84 and subsequent years of assessment, the provisions of the Income Tax Acts relating to the charge to income tax of maintenance payments in the case of separated spouses be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

I move:

That, as respects the year 1983-84 and subsequent years of assessment, the provisions of section 344 of the Income Tax Act, 1967, under which an exemption from income tax is granted in respect of interest on certain deposits, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

I move:

That, as respects appeals against assessments made after the passing of the Finance Act, 1983, the provisions of the Tax Acts, the Capital Gains Tax Acts and the Value-Added Tax Acts, 1972 to 1982, relating to appeals against assessments be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

It would help matters if the Minister would give an indication of what each resolution covers.

We do not have copies.

The purpose of moving these Resolutions is to allow under Standing Orders discussion of the provisions of the Finance Bill and the motions are all included on the Order Paper.

Perhaps the Minister would say a word about each one as he puts it before us.

This Resolution relates primarily to section 9 of the Bill amending the provisions of Part XXVI of the Income Tax Act relating to appeals against assessments to income tax made after the passing of the Act. We will come to more detailed provisions on the section.

Question put and agreed to.

I move:

That relief from income tax and corporation tax in respect of interest on certain loans be restricted in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

I move:

That, as respects the year 1983-84 and subsequent years of assessment, the provisions of Chapter II of Part I of the Finance Act, 1974, which relate to the taxation of farming profits, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

I move:

That 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, that profits or gains shall be chargeable to tax notwithstanding that, at the time an assessment to the tax in respect of those profits or gains was made—

(a) the source from which those profits or gains arose was not known to the inspector of taxes,

(b) the profits or gains were not known to him to have arisen wholly or partly from a lawful source or activity, or

(c) the profits or gains arose and were known to him to have arisen from an unlawful source or activity.

Question put and agreed to.

I move:

That the reduced rate of tax referred to in section 31 (1) of the Corporation Tax Act, 1976 (No. 7 of 1976), be increased, in the manner and to the extent specified in the Act giving effect to this Resolution, as respects arrangements entered into for the year 1983-84 under the said section 31 by the Revenue Commissioners and building societies.

Question put and agreed to.

I move:

That 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, that where a company resident in the State makes a distribution (within the meaning of the Corporation Tax Acts) on or after the 9th day of February, 1983, it shall be liable to make a payment of corporation tax (to be known as "advance corporation tax").

Question put and agreed to.

I move:

That provisions be made in the Act giving effect to this Resolution for increasing the excise duty chargeable on—

(a) firearm certificates,

(b) dogs,

(c) auctioneers' licences, auction permits and house agents' licences, and

(d) bookmakers' licences and the registration of bookmakers' premises.

Question put and agreed to.

I move:

That provision be made for increasing, in the manner and to the extent specified in the Act giving effect to this Resolution the duty of excise payable on general licences in respect of mechanically propelled vehicles taken out by manufacturers and repairers of, and dealers in, such vehicles.

Question put and agreed to.

I move:

That section 3 of the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended, in the manner and to the extent specified in the Act giving effect to this Resolution, so as to provide that, where goods forming part of the assets of the business of a taxable person, within the meaning of that Act, are, under any power exercisable by another person, disposed of by the other person in or towards the satisfaction of a debt, the goods shall be deemed to be supplied by the taxable person.

Question put and agreed to.

I move:

That the provisions of section 8 of the Value-Added Tax Act, 1972 (No. 22 of 1972), in relation to the size of the annual turn-over of their businesses at which different categories of persons become taxable persons, within the meaning of that Act, and are required to be registered for the purposes of value added tax, be amended, in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

I move:

That section 9 of the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended, in the manner and to the extent specified in the Act giving effect to this Resolution so as to provide for the inclusion in the register maintained by the Revenue Commissioners under that Act, in addition to persons who may become or who are taxable persons (within the meaning of that Act), of persons who dispose of goods which pursuant to section 3 (7) of that Act are deemed to be supplied by a taxable person.

Question put and agreed to.

I move:

That section 19 of the Value-Added Tax Act, 1972 (No. 22 of 1972), relating to the payment of value-added tax and the making of returns to the Collector-General in relation to the amount of value-added tax due in respect of taxable periods, within the meaning of that Act, be amended, in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.

I move:

That provisions be made in the Act giving effect to this Resolution for—

(a) charging a stamp duty, in accordance with the provisions of that Act, at the rates specified in that Act on statements of certain amounts required by that Act to be delivered to the Revenue Commissioners by banks, and

(b) imposing, in accordance with the provisions of that Act, a requirement for the payment of certain interest in respect of non-compliance with such of those provisions as relate to the stamp duty.

Question put and agreed to.

I move:

That provision be made in the Act giving effect to this Resolution for the charging on conveyances or transfers where marriage is the consideration or part of the consideration of the stamp duty on conveyances or transfers.

Question put and agreed to.

I move:

That section 92 of the Finance Act, 1982 (No. 14 of 1982), be amended so as to provide that the assessable amount (within the meaning of that section) on which stamp duty is charged under that section includes amounts received by leading insurers (within the meaning of the European Communities (Co-insurance) Regulations, 1983 (S.I. No. 65 of 1983)) by way of overall premiums (within the latter meaning).

Question put and agreed to.

I move:

That 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 there shall be charged annually, with effect on and from the 5th day of April, 1983 a tax on residential property to be called residential property tax, and

(b) that the said tax shall be paid by such persons, in such circumstances and at such rate as may be specified in that Act.

Question put and agreed to.

I move:

That 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, that the charge to income tax under section 98 of the Corporation Tax Act, 1976 (No. 7 of 1976) be not avoided.

Question put and agreed to.

I move:

That 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, that capital gains tax (or, where applicable, corporation tax) shall be assessable on and recoverable from——

(a) a liquidator of a company, or

(b) any person entitled to an asset by way of security or to the benefit of a charge or encumbrance on an asset, or, as the case may be, any person appointed to enforce or give effect to the security, charge or encumbrance,

and shall be treated as a necessary disbursement out of the proceeds of a disposal of an asset by such persons.

Question put and agreed to.

I move:

That provision be made in the Act giving effect to this Resolution for increasing the excise duty chargeable on certain Category A motor vehicles.

Question put and agreed to.

I move:

That the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended, in the manner and to the extent specified in the Act giving effect to this Resolution, so as to provide——

(a) that, where goods forming part of the assets of the business of a taxable person, within the meaning of that Act, are, under any power exercisable by another person (including a liquidator or a receiver), disposed of by the other person in or towards the satisfaction of a debt owed by the taxable person or in the winding-up of a company, the goods shall be deemed to be supplied by the taxable person, and

(b) that any value-added tax payable in respect of the disposal be treated as a necessary disbursement out of the proceeds of the disposal.

Question put and agreed to.

I move:

That section 12A of the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended in the manner and to the extent provided for in the Act giving effect to this Resolution so as to reduce the rate of the flat-rate addition (within the meaning of the said Value-Added Tax Act, 1972) in respect of supplies by farmers from 2.3 per cent to 2 per cent.

Question put and agreed to.