Finance Bill 2003: Financial Resolutions: Motion.

I move:

1. That provision be made in the Act giving effect to this Resolution for the direct application of PAYE and PRSI (including the training and health contribution levies) to certain taxable benefits-in-kind.

2. That provision be made in the Act giving effect to this Resolution to provide for the payment in the manner specified in that Act of the tax chargeable under section 128 of the Taxes Consolidation Act 1997 (No. 39 of 1997) in respect of the exercise of a right to acquire shares in a company.

3. That Chapter 1 of Part 18 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a withholding tax scheme for the deduction of income tax at the standard rate by accountable persons when making payments for professional services, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

4. That section 65 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides rules governing the basis of assessment to income tax in respect of the profits of a trade or profession, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

5. That Chapter 4 of Part 12 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to the treatment of certain losses and capital allowances for income tax and corporation tax purposes, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

6. That Chapter 4 of Part 12 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deals with the tax treatment of certain losses and certain capital allowances, and section 305 of that Act which deals with the manner of granting, and the effect of, certain capital allowances, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

7. That the provisions of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provide for the taxation treatment of pension arrangements, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

8. That Part 16 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for income tax relief for investment in the Business Expansion Scheme and the Seed Capital Scheme, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

9. That provision be made in the Act giving effect to this Resolution to disallow interest relief against rental income in certain circumstances.

10. That the provisions of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relate to claims for repayments, the payment of interest on repayments, and the raising of assessments, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

11. That Chapter 4 of Part 29 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a scheme of capital allowances in respect of capital expenditure incurred by companies on the purchase of rights to use wired, radio, or optical transmission paths for the transfer of voice, data or information, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

12. That section 848A of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a scheme of tax relief in respect of donations to certain charities and other approved bodies, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

13. That section 284 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for annual wear and tear allowances in respect of capital expenditure incurred on the provision of machinery or plant, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

14. That Chapter 1 of Part 9 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a scheme of capital allowances in respect of capital expenditure incurred on the construction or refurbishment of certain buildings and structures, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

15. That Part 10 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides,inter alia, for a scheme of tax incentives in areas designated under the Urban Renewal Scheme, the Town Renewal Scheme, the Park and Ride Scheme and the Student Accommodation Scheme, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

16. That Chapter 7 of Part 10 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a scheme of tax incentives in areas designated under the Urban Renewal Scheme and the Living Over the Shop Scheme, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

17. That section 372T of the Taxes Consolidation Act 1997 (No. 39 of 1997), which,inter alia, provides that capital allowances under the Rural Renewal Scheme in respect of capital expenditure incurred on the construction or refurbishment of certain buildings or structures will not be available in certain cases, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

18. That Chapter 10 of Part 10 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a scheme of tax incentives in areas designated under the Town Renewal Scheme, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

19. That Chapter 11 of Part 10 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for relief to owner-occupiers and lessors in respect of expenditure incurred on the provision of certain residential accommodation, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

20. That section 372AM of the Taxes Consolidation Act 1997 (No. 39 of 1997), which imposes conditions relating to the relief in respect of expenditure incurred on the provision of certain student accommodation, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

21. That section 531 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a scheme of withholding tax on payments made by principal contractors to certain sub-contractors in the construction, meat processing and forestry industries, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

22. That Chapter 8 of Part 4 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for the taxation of rents and certain other payments, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

23. That provision be made in the Act giving effect to this Resolution so that companies can match foreign exchange gains and losses on certain assets and liabilities for capital gains tax purposes under certain conditions.

24. That Part 41 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to self assessment, including the due date for the payment of income tax, corporation tax and capital gains tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

25. That Part 33 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to anti-avoidance, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

26. That Chapter 2 of Part 13 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which concerns additional matters to be treated as distributions, charges to tax in respect of certain loans and surcharges on certain undistributed income, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

27. That section 249 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides rules relating to the recovery of capital and replacement loans for the purposes of the relief provided to companies on loans applied in acquiring an interest in other companies under section 247 of the Taxes Consolidation Act 1997, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

28. That section 289 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides, in certain cases, for the calculation of balancing allowances and balancing charges, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

29. That provision be made in the Act giving effect to this Resolution for the treatment, for tax purposes, in the manner and to the extent specified in that Act, of securitisation transactions.

30. That Chapters 4 and 5 of Part 26 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deal with the new taxation regime for life assurance companies and their policyholders, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

31. That section 481 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides relief for investments in qualifying films by companies or individuals, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

32. That provision be made in the Act giving effect to this Resolution to provide for miscellaneous restrictions on loss relief for companies.

33. That provision be made in the Act giving effect to this Resolution so that the computation of unilateral tax credit relief does not lead to an excessive relief from double taxation.

34. That Part 24A of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a tonnage tax scheme for the calculation of profits for the purposes of corporation tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

35. That section 556 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for the indexation (based on changes in the consumer price index) of the cost of an asset when a gain on its disposal is being computed for capital gains tax purposes, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

36. That provision be made in the Act giving effect to this Resolution to provide, subject to limited exceptions, for the removal of capital gains tax deferrals by means of issuing debentures, loan stock or other similar securities.

37. That sections 591, 597, 600A and 605 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relate to the deferral of a capital gains tax charge on gains accruing on the disposal of certain assets, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

38. That Chapter 3 of Part 2 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides general rules for the imposing of a capital gains tax charge on gains arising on disposals of assets, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

39. That Chapter 1 of Part 19 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to assets and acquisition and disposal of assets, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

40. That provision be made in the Act giving effect to this Resolution for imposing a duty of excise charge, to be known as alcohol products tax, in accordance with the provisions of that Act, on alcohol products produced in the State or imported into the State.

41. That section 103 of the Finance Act 2001 (No. 7 of 2001), which provides for payment of excise duties, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

42. That Chapter 1 of Part 2 of the Finance Act 2001 (No. 7 of 2001), which provides for interpretation, liability and payment in respect of duties of excise, be amended to limit the circumstances and time period for claims for repayment in the manner and to the extent specified in the Act giving effect to this Resolution.

43. That section 130 of the Finance Act 1992 (No. 9 of 1992), which provides for certain interpretations in respect of vehicle registration tax, be amended in respect of classification of vehicles in the manner and to the extent specified in the Act giving effect to this Resolution.

44. That section 134 of the Finance Act 1992 (No. 9 of 1992), which provides for permanent reliefs in respect of vehicle registration tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

45. That provision be made in the Act giving effect to this Resolution for imposing a charge in accordance with the provisions of that Act, on every licence to carry on gaming at an amusement hall or funfair.

46. That section 43 of the Finance Act 1975, which provides for gaming machine licence duty, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

47. That section 120 of the Finance Act 1992, which provides, inter alia, a meaning for ‘amusement machine', be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

48. That section 123 of the Finance Act 1992, which provides for rates of duty on amusement machine licences, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

49. That provision be made in the Act giving effect to this Resolution so that:

a) where an economic value test is applied on disposal of a property, it is the total amount of expenditure by the taxpayer in relation to the development of the property that is to be included in the test,

b) where radio or television broadcasting services or certain electronically supplied services are supplied into the State from outside the State, they are taxable in the State in certain circumstances,

c) tax deducted by a person in relation to acquisition or development of an interest prior to waiving an exemption from tax is included in the tax adjustment when cancelling that waiver,

d) a person other than a private individual who receives goods from a supplier outside the State, which are installed or assembled by that supplier, is liable for tax on that supply,

e) tax on goods and services specified in the Sixth Schedule to the Value-Added Tax Act 1972 (No. 22 of 1972) is increased by one per cent,

f) a taxable dealer who registers certain vehicles on his or her own behalf is not entitled to deductibility on purchase and in certain circumstances must charge value-added tax on the subsequent sales with residual input tax being deductible at that time,

g) a refund of tax cannot be claimed more than 4 years after the taxable period to which the claim relates,

h) where a claimant becomes entitled to receive interest on a repayment it is treated as tax in certain circumstances if the claimant does not pass it on to the customer,

i) where a taxpayer fails to furnish a return, the Revenue Commissioners can issue more than one estimate.

50. That provision be made in the Act giving effect to this Resolution for amending section 36 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which relates to certain contracts for sale of leasehold interests to be chargeable as conveyances on sale, in the manner and to the extent specified in that Act.

51. That provision be made in the Act giving effect to this Resolution for amending section 124 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which relates to credit cards and charge cards, in the manner and to the extent specified in that Act.

52. That provision be made in the Act giving effect to this Resolution for imposing a charge in accordance with the provisions of the Act, on certain financial institutions for the 3 year period 2003 to 2005.

53. That provision be made in the Act giving effect to this Resolution for amending Part 11 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), in relation to claims for repayments, the payment of interest on repayments and the raising of assessments, in the manner and to the extent specified in that Act.

54. That provision be made in the Act giving effect to this Resolution for amending the Heading ‘CONVEYANCE or TRANSFER on sale of any stocks or marketable securities' in Schedule 1 to the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), in the manner and to the extent specified in that Act.

55. That provision be made in the Act giving effect to this Resolution for amending Part VI of the Finance Act 1983 (No. 15 of 1983), in relation to claims for repayments and the payment of interest on repayments of residential property tax, in the manner and to the extent specified in the Act so giving effect.

56. That Chapter 4 of Part 42 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to the collection and recovery of income tax on certain emoluments under the PAYE system, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

57. That provision be made in the Act giving effect to this Resolution to provide technical amendments to the Taxes Consolidation Act 1997 and the Value-Added Tax Act 1972 in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.