AN ACT TO CHARGE AND DISPOSE CERTAIN DUTIES OF CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE), TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE (INCLUDING EXCISE) AND TO MAKE FURTHER PROVISIONS IN CONNECTION WITH FINANCE.

[12th July, 1967.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I INCOME TAX

Income tax and sur-tax for the year 1967-68.

1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1967, at the rate of seven shillings in the pound.

(2) Sur-tax for the year beginning on the 6th day of April, 1967, shall be charged in respect of the income of any individual the total of which from all sources exceeds two thousand five hundred pounds and shall be so charged at the following rates, that is to say:

In respect of the first two thousand five hundred pounds of the income	Nil
In respect of the excess over two thousand, five hundred pounds,
for every pound of the first two thousand pounds of the excess	three shillings
for every pounds of the next three thousand pounds of the excess	six shillings
for every pound of the remainder of the excess	nine shillings.

Amendment of section 139 of Income Tax Act, 1967 .

2.— Section 139 of the Income Tax Act, 1967 , is hereby amended by the addition of the following subsection:

"(5) This section shall also apply to a claimant being a married woman who is not living with her husband who throughout the year of assessment is in full-time employment or engaged full-time in some trade or profession as it applies to a claimant being a widower, save that 'her husband' shall be substituted for 'his deceased wife'."

Amendment of section 141 (1) of Income Tax Act, 1967 .

3.— Section 141 (1) of the Income Tax Act 1967 , is hereby amended by the substitution of "£135" for "£120".

Amendment of section 142 (1) of Income Tax Act, 1967 .

4.— Section 142 (1) of the Income Tax Act, 1967 , is hereby amended by the substitution of "£200" for "£180" in both places where the latter amount occurs and by the substitution of '£140" for "£120".

Amendment of section 251 (4) of Income Tax Act, 1967 .

5.—The following subsection is hereby substituted for section 251 (4) of the Income Tax Act, 1967 :

"(4) Notwithstanding anything in the preceding provisions of this section, this Chapter shall have effect in relation to capital expenditure incurred on or after the 14th day of December, 1961, and before the 1st day of April, 1967, as if 'two-fifths' were substitute for 'one-fifth' in substitution (1) and in relation to capital expenditure incurred on or after the 1st day of April, 1967, and before the 1st day of April, 1971, as if 'one-half' were substituted for 'one-fifth' in subsection (1)."

Amendment of sections 254 (1) and 262 of Income Tax Act, 1967 .

6.—(1) The following subsection is hereby substituted for section 254 (1) of the Income Tax Act, 1967 :

"(1) ( a ) Subject to the provisions of this Act, where a person incurs capital expenditure on the construction of a building or structure which is to be an industrial building or structure occupied for the purposes of a trade carried on either by him or by such a lessee as is mentioned in paragraph ( b ), there shall be made to the person who incurred the expenditure, for the appropriate year of assessment, an allowance (in this Chapter referred to as an industrial building allowance) equal to one-tenth thereof:

Provided that this paragraph shall not apply to any expenditure incurred before the 30th day of September, 1956.

( b ) The lessee referred to in paragraph ( a ) is a lessee occupying the building or structure on the construction of which the expenditure was incurred under a lease to which the relevant interest is reversionary.

( c ) In this subsection—

'appropriate year of assessment' means, in relation to any person who has incurred expenditure on the construction of a building or structure, the year of assessment in the basis period for which the expenditure was incurred or, in a case in which the first use to which the building or structure is put is a use by a person occupying it by virtue of a tenancy to which the relevant interest is reversionary and the tenancy begins after the incurring of the expenditure, the year of assessment in which the tenancy begins;

'lease' and 'lessee' have the same meanings as in Part XVI;

'the relevant interest' has the same meaning as in Chapter I of Part XVI.

( d ) (i) Except in the case mentioned in subparagraph (ii), any industrial building allowance made to a person shall be made to him in charging the profits or gains of his trade.

(ii) An industrial building allowance shall be made to a person by discharge or repayment of tax if his interest in the building or structure is subject to any lease when the expenditure is incurred or becomes subject to any lease before the building or structure is first used for any purpose and, where it is so made, subsection (5) shall not apply.

( e ) Section 267 (5) and section 296 shall have effect in relation to an industrial building allowance which is to be made by discharge or repayment of tax as they have effect in relation to an allowance under Chapter I of Part XVI which is to he so made."

(2) The following subsection is hereby added to section 262 of the Income Tax Act, 1967 :

"(4) Nothing in subsection (2) or (3) applies in relation to an allowance under Chapter II falling to be made to a person by discharge or repayment of tax and, in relation to that allowance, his basis period for any year of assessment shall be the year of assessment itself."

Amendment of section 335 of Income Tax Act, 1967 .

7.— Section 335 of the Income Tax Act, 1967 , is hereby amended by the substitution of "£1,000" for "£300".

Amendment of Section 344 (1) (2) (4) of Income Tax Act, 1967 .

8.—(1) Subsections (1) and (2) of section 344 of the Income Tax Act, 1967 , are each hereby amended by the substitution of "£70" for "£50".

(2) Subsection (4) of section 344 of the Income Tax Act, 1967 , is hereby amended by the substitution, in the definition of "the commercial banks", of "Guinness & Mahon Limited" for "Guinness & Mahon".

Amendment of Chapter II of Part XXV of Income Tax Act, 1967 .

9.—(1) In section 383 of the Income Tax Act, 1967 , "thirty years" is hereby substituted for "twenty years" and in section 386 (2) of that Act "nineteen years" and "twentieth year" are hereby substituted for "three years" and "fourth year" respectively.

(2) Accordingly—

( a ) in section 386 of that Act, the following subsections are hereby substituted for subsections (3) to (7):

"(3) ( a ) So much of the net income tax, for the year of assessment (hereafter in this Chapter referred to as the twenty-first year) next following the twentieth year, as is equal to the appropriate sum shall not be payable.

( b ) In paragraph ( a ) of this subsection 'the appropriate sum' means the sum which bears the same proportion to the net income tax for the twenty-first year as the number of days in the period beginning on the 6th day of April in the first year and ending on the day immediately preceding the commencement day bears to the total number of days in the first year.

(4) ( a ) Subsection (3) shall be subject to the proviso that, where the company ceases permanently within the twenty-first year to carry on the trade of working the mine, then—

(i) if the cessation occurs before or on the last day of the period of two hundred and forty months beginning on the commencement day, the net income tax for the twenty-first year shall not be payable, and

(ii) if the cessation occurs after the expiration of that period, so much of the net income tax for the twenty-first year as is equal to the appropriate sum shall not be payable.

( b ) In paragraph ( a ) (ii) of this subsection 'the appropriate sum' means the sum which bears the same proportion to the net income tax for the twenty-first year as the number of days, in the period beginning on the 6th day of April in the twenty-first year and ending on the last day of the period of two hundred and forty months beginning on the commencement day, bears to the number of days in the period beginning on the 6th day of April in the twenty-first year and ending on the date of the cessation.";

( b ) in section 387 of that Act—

(i) subsections (1) ( b ) (iii) and (iv) and (3) ( c ) are hereby deleted,

(ii) in subsection 2 ( a ), "exemption period" and "two hundred and forty months" are hereby substituted for "first term" and "forty-eight months" respectively,

(iii) in subsection (2) ( b ) for all words from "provided" to the end of the paragraph there is hereby substituted "but where the dividend period is not wholly within the exemption period, the company shall not be entitled to deduct income tax from any part of the relevant payment which is referable to any part of the dividend period within the exemption period",

(iv) in subsection (3) ( a ) and in subsection (3) ( b ) "exemption period is hereby substituted for "first term";

( c ) in section 389 of that Act, "twenty-first year" is hereby substituted for "ninth year" in both places where the latter words occur and "exemption period" is hereby substituted for "first term or the second term".

Amendment of section 523 of Income Tax Act, 1967 .

10.—The following section is hereby substituted for section 523 of the Income Tax Act, 1967 :

"523.(1) For the purpose of charging sur-tax for any year of assessment, there shall be deducted from the total income of an individual—

( a ) an amount equal to the aggregate of the deductions which, in ascertaining the amount of the income on which he is to be charged to income tax for that year of assessment, he is entitled to be allowed under sections 138 (1) (2), 139, 140, 141 and 142, and

( b ) in the case of an individual who for that year of assessment is entitled, under section 134, to be allowed a deduction from the amount of his earned income for the purposes of ascertaining the amount of his assessable income for the purposes of income tax—

(i) the amount, as determined for the purposes of the said section 134, of his earned income in case that amount does not exceed £1,250, and

(ii) £1,250 in any other case.

(2) Where—

( a ) an individual not resident in the State is entitled to a deduction under this section for any year of assessment, and

( b ) any relief to which he would, disregarding section 153, be entitled for that year under the provisions specified in subsection (1) falls to be given to him by virtue of the said section 153 subject to a reduction in accordance with the provisions of that section,

the deduction shall be reduced in the proportion in which the relief is reduced.

(3) In the case of a husband and wife who are for any year of assessment separately assessed to tax by virtue of an application under section 197 or 198, the following provisions shall apply in relation to any deductions to he made under paragraph ( a ) or ( b ) of subsection (1) for that year:

( a ) whether or not they are separately assessed to sur-tax, the deduction to he made from their total income shall be the same as if there were no separate assessment;

( b ) where they are separately assessed to sur-tax, the resulting relief from sur tax shall be divided between them—

(i) by treating any amount included in a deduction under paragraph ( a ) of subsection (1) in respect of relief under section 141 (2) or 142 as reducing the income of the husband or the wife according as he or she maintains the child, relative, son or daughter, in respect of whom that relief is given,

(ii) by apportioning the remainder of a deduction under the said paragraph (a) between the husband and the wife in proportion to the amounts of their respective incomes (treating those incomes, where appropriate, as being reduced in accordance with subparagraph (iii) and treating the amount so apportioned to either spouse as reducing the income of that spouse,

(iii) by apportioning a deduction under paragraph ( b ) of subsection (1) between the husband and the wife in proportion to the amounts of their respective earned incomes and treating the amount so apportioned to either spouse as reducing the income of that spouse, but so that, if the amount by which the income of either falls to be reduced under subparagraphs (i), (ii) and (iii) exceeds the amount of that income, the income of the other shall be treated as reduced by the amount of the excess."

Wear and tear allowances for certain machinery and plant in undeveloped areas.

11.—(1) In this section—

"qualifying machinery or plant" means machinery or plant (other than vehicles suitable for the conveyance by road of persons or goods or the haulage by road of other vehicles) which on or after the 1st day of April, 1967, is provided for use in any undeveloped area for the purposes of a trade or profession and which, at the time it is so provided, is unused and not second-hand;

"undeveloped area" has the same meaning as in the Undeveloped Areas Act, 1952 .

(2) Subject to the provisions of this section, where for any year of assessment a deduction falls to be allowed under section 241 of the Income Tax Act, 1967 , for wear and tear of any qualifying machinery or plant, the deduction shall, subject to subsection (6) of that section, be increased by such amount as is specified by the person to whom the deduction is to be allowed in making his claim for the deduction; and, in relation to a case in which this subsection has had effect, any reference in the Income Tax Acts to a deduction allowed under the said section 241 shall be construed as a reference to that deduction as increased under this subsection.

(3) Subsection (2) shall not apply to qualifying machinery or plant which is let to a person on the terms mentioned in section 241 (2) of the Income Tax Act, 1967 , unless the contract of letting provides that the person shall or may become the owner of the machinery or plant on the performance of the contract; and where the contract so provides, but without becoming the owner of the machinery or plant he ceases to be entitled (otherwise than on his death) to the benefit of the contract so far as it relates to the machinery or plant, subsection (2) shall be deemed not to have applied in relation to the machinery or plant and there shall be made accordingly all such additional assessments and adjustments of assessments as may be appropriate.

(4) Where for any year of assessment the deduction under section 241 of the Income Tax Act, 1967 , for wear and tear of any machinery or plant is increased under this section, no allowance under Chapter I of Part XV of the said Act shall be made in relation to the machinery or plant for that or any subsequent year of assessment.

Relief for health expenses.

12.—(1) In this section—

"dependant" means, in relation to an individual,—

( a ) where the individual is a married man who for the year of assessment is allowed the higher deduction under section 138 (1) of the Income Tax Act, 1967 , the wife of the individual, and

( b ) any person in respect of whom the individual is allowed for the year of assessment a deduction under section 139, 140, 141 or 142 of that Act;

"health care" means prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability, and includes care which is received by a women in respect of a pregnancy other then routine maternity care, but does not include routine ophthalmic treatment or routine dental treatment;

"health expenses" means expenses in respect of the provision of health care, being expenses representing the cost of—

( a ) the services of a practitioner,

( b ) diagnostic procedures carried out on the advice of a practitioner,

( c ) maintenance or treatment in a hospital,

( d ) drugs or medicines supplied on the prescription of a practitioner,

( e ) the supply, maintenance or repair of any medical, surgical, dental or nursing appliance used on the advice of a practitioner,

( f ) physiotherapy or similar treatment prescribed by a practitioner,

( g ) orthoptic or similar treatment prescribed by a practitioner, or

( h ) transport by ambulance;

"hospital" means—

( a ) any health institution within the meaning of the Health Act, 1947 ,

( b ) any institution in relation to which an arrangement made or deemed to have been made under section 10 of the Health Act, 1953 , applies,

( c ) any hospital, nursing home or maternity home approved of by the Minister for Health for the purposes of section 25 of the Health Act, 1953 ,

( d ) any other hospital, nursing home or maternity home approved of for the purposes of this section by the Minister for Finance after consultation with the Minister for Health;

"practitioner" means any person who is registered in the register established under section 21 of the Medical Practitioners Act, 1927 , or who is temporarily registered under section 3 of the Medical Practitioners Act, 1955 , or who is registered in the register established under section 23 of the Dentists Act, 1928 , or, in relation to health care provided outside the State, any person who is entitled under the laws of the country in which the care is provided to practise medicine or dentistry there;

"qualified person" means, in relation to an individual, the individual himself or any dependant of his;

"routine dental treatment" means the extraction, scaling and filling of teeth and the provision and repairing of artificial teeth or dentures;

"routine maternity care" means care—

( a ) which is received by a woman in respect of a pregnancy otherwise than as a patient maintained in a hospital, or

( b ) which is received by a woman in respect of a pregnancy as a patient maintained in hospital where the total length of the period or periods during which she is so maintained is not more than fourteen days or during the first fourteen days of such maintenance where the total length of such period or periods is more than fourteen days;

"routine ophthalmic treatment" means sight testing and advice is to the use of spectacles or contact lenses and the provision and repairing of spectacles or contact lenses.

(2) ( a ) Subject to the provisions of this section, where an individual having made a claim in that behalf and having made a return in the prescribed form of his total income, proves that in the year of assessment he defrayed health expenses which were incurred for the provision of health care for any one qualified person and which amount in the aggregate to more than £50, he shall be entitled, for the purpose of ascertaining the amount of the income on which he is to be charged to income tax, to have a deduction of the appropriate amount made from his assessable income.

( b ) In the foregoing paragraph "the appropriate amount" means—

(i) in case the aggregate of the health expenses is less than £300—the excess of that aggregate over £50, and

(ii) in case that aggregate is or exceeds £300—£250.

(3) For the purposes of this section—

( a ) any expenses defrayed by a married woman in a year of assessment shall be deemed to have been defrayed by her husband if, for the year of assessment, she falls to be treated, under the Income Tax Acts, as living with her husband,

( b ) any expenses defrayed out of the estate of a deceased person by his executor or administrator shall be deemed to have been defrayed by the deceased person immediately before his death,

( c ) expenses shall be regarded as not having been defrayed in so far as any sum in respect, of, or by reference to, the health care to which they relate has been, or is to be, received, directly or indirectly, by the individual or the individual's estate, or by any dependant of the individual or such dependant's estate, from any public or local authority or under any contract of insurance or by way of compensation or otherwise.

(4) In making a claim for a deduction under this section, an individual who, after the end of the year of assessment for which the claim is made, has defrayed, or is deemed to have defrayed, any expenses relating to health care provided in that year may elect that all deductions to be allowed to him under this section for that year and for subsequent years of assessment shall be determined as if those expenses had been defrayed at the time when the health care to which they relate was provided.

(5) ( a ) Any claim for a deduction under this section—

(i) shall be made in such form as the Revenue Commissioners may from time to time prescribe, and

(ii) shall be accompanied by such statements in writing as regards any class of expenses by reference to which the deduction is claimed, including statements by persons to whom payments were made, as may be indicated by the prescribed form as being required as regards expenses of that class.

( b ) Relief from tax consequent on the allowance of a deduction under this section shall, in all cases, be given by way of repayment.

( c ) Subject to the foregoing paragraphs of this subsection, all such provisions of the Income Tax Acts as apply in relation to every deduction specified in sections 138 to 143 of the Income Tax Act, 1967 , shall apply in relation to deductions under this section.

(6) Section 153 (1) (d) of the Income Tax Act, 1967 , is hereby amended by the insertion after "sections 138 to 143" of "and section 12" of the Finance Act, 1967 ".

(7) Section 193 of the Income Tax Act, 1967 , is hereby amended—

( a ) by the insertion in subsection (2) after paragraph (a) of the following paragraph:

"(aa) so far as it flows from relief under section 12 of the Finance Act, 1967 , in the proportions in which they bore the expenditure giving rise to the relief,"; and

( b ) by the addition at the end of subsection (6) of "or under section 12 of the Finance Act, 1967 ".

PART II CUSTOMS AND EXCISE

Beer.

13.—(1) In lieu of the duty of excise imposed by section 8 (1) of the Finance Act, 1966 , there shall be charged, levied and paid on all beer brewed within the State on or after the 12th day of April, 1967, a duty of excise at the rate of nineteen pounds, ten shillings and eight pence for every thirty-six gallons of worts of a specific gravity of one thousand and fifty-five degrees.

(2) In lieu of the duty of customs imposed by section 8 (2) of the Finance Act, 1966 , there shall, as on and from the 12th day of April, 1967, be charged, levied and paid on all beer of any description imported into the State, a duty of customs at the rate of nineteen pounds, eleven shillings and two pence for every thirty-six gallons of beer of which the worts were before fermentation of a specific gravity of one thousand and fifty-five degrees.

(3) There shall be allowed and paid on the exportation as merchandise or the shipment for use as stores of beer on which it is shown, to the satisfaction of the Revenue Commissioners, that the duty imposed by subsection (1) or subsection (2) of this section has been paid, a drawback calculated according to the original specific gravity of the beer, at the rate of nineteen pounds, ten shillings and eleven pence on every thirty-six gallons of beer of which the original specific gravity was one thousand and fifty-five degrees.

(4) Where, in the case of beer which is chargeable with the duty imposed by subsection (1) or subsection (2) of this section or in the case of beer on which drawback under subsection (3) of this section is payable, the specific gravity of the beer is not one thousand and fifty-five degrees, the duty or drawback shall be varied proportionately.

(5) Section 24 of the Finance Act, 1933 , shall not apply or have effect in relation to the duty of customs imposed by this section.

Tobacco.

14.—(1) Subject to the next subsection of this section, the duty of customs on tobacco imposed by section 20 of the Finance Act, 1932 , shall, as on and from the 12th day of April, 1967, be charged, levied and paid at the several rates specified in Part I of the First Schedule to this Act in lieu of the several rates specified in Parts II and III of the Third Schedule to the Finance Act, 1966 .

(2) ( a ) This subsection applies to manufactured tobacco which was manufactured in, and consigned from, the United Kingdom and was manufactured therein from materials other than materials falling within Tariff Heading number 24.02 in the Schedule to the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966.

( b ) The customs duty on tobacco mentioned in subsection (1) of this section shall, as on and from the 12th day of April, 1967, and before the 1st day of July, 1967, be charged, levied and paid on manufactured tobacco to which this subsection applies at the several rates specified in Part II of the First Schedule to this Act in lieu of the several rates specified in Part I thereof and shall, as on and from the 1st day of July, 1967, charged, levied and paid on manufactured tobacco to which this subsection applies at the several rates specified in Part III of the First Schedule to this Act in lieu of the several rates specified in Parts I and II thereof.

( c ) The provisions of section 8 of the Finance Act, 1919, shall apply to the duties imposed by this subsection—

(i) with the substitution of "the area of application of the Acts of the Oireachtas" for "Great Britain and Ireland" and as though the expression "manufactured tobacco" in the first column of the Second Schedule to that Act did not include manufactured tobacco to which this subsection applies,

(ii) as though manufactured tobacco to which this subsection applies, together with the descriptions of such manufactured tobacco in Part II or III (as may be appropriate) of the First Schedule to this Act, were mentioned separately in the said first column and the appropriate preferential rates specified in that Part were mentioned in the second column of the said Second Schedule opposite the mention of those goods in the first column thereof, and

(iii) subject to the last paragraph (beginning with "Goods shall not be deemed") of subsection (1) of the said section 8 being disregarded.

( d ) In this subsection the expression "the United Kingdom" means Great Britain, Northern Ireland, the Isle of Man and the Channel Islands.

( e ) The expression "hard pressed tobacco" mentioned in Parts II and III of the First Schedule to this Act and the next paragraph of this subsection has the same meaning as it has in section 17 of the Finance Act, 1940 .

( f ) The expression "other pipe tobacco" mentioned in Parts II and III of the First Schedule to this Act means manufactured tobacco of kinds normally intended to be used in pipes, not being hard pressed tobacco.

(3) The duty of excise on tobacco imposed by section 19 of the Finance Act, 1934 , shall, as on and from the 12th day of April, 1967, be charged, levied and paid at the several rates specified in Part IV of the First Schedule to this Act in lieu of the several rates specified in Part V of the Third Schedule to the Finance Act, 1966 .

Tobacco (excise duty on certain stocks).

15.—(1) Subject to the provisions of subsection (2) of this section, there shall be charged, levied and paid on all stocks of tobacco of every description which at five o'clock in the afternoon of the 11th day of April, 1967, are in the ownership or possession of a licensed manufacturer of tobacco and in any place in the State other than a bonded warehouse, a duty of excise, payable by the manufacturer, at the following rate, that is to say:

( a ) so far as the stocks consist of unmanufactured tobacco, three shillings and five pence for every pound weight of the stocks, and

( b ) so far as the stocks consist of tobacco (including snuff) other than unmanufactured tobacco, three shillings and five pence for every pound weight of unmanufactured tobacco from which, in the opinion of the Revenue Commissioners, the stocks were derived.

(2) The duty imposed by subsection (1) of this section shall not be chargeable on any manufactured tobacco (including cigarettes, cigars and snuff other than offal snuff) as to which it is shown to the satisfaction of the Revenue Commissioners that it was at five o'clock in the afternoon of the 11th day of April, 1967, fully prepared for sale by retail and that either—

(i) it was not the product of any operation carried out by any manufacturer in whose ownership or possession it was at that time; or

(ii) it was at that time held as retail stock in premises used for selling tobacco by retail; or

(iii) it was at that time in transit from seller to buyer under a contract of sale:

Provided that no tobacco shall be deemed for the purposes of this subsection to have been fully prepared for sale by retail if, according to the ordinary course of business of the person in whose ownership or possession it was or to whom it was in transit, it had still to be subjected to some further process (other than packing) before being sold by him.

(3) Every licensed manufacturer of tobacco shall not later than the 18th day of April, 1967, make a return to the Revenue Commissioners in a form approved by them giving such information as they may thereby require and, in particular, showing the quantities by weight of tobacco of every description in his ownership or possession at five o'clock in the afternoon of the 11th day of April, 1967, in any place in the State other than a bonded warehouse.

(4) Every licensed manufacturer of tobacco shall—

( a ) produce, if so required, to any officer of Customs and Excise the trade books and all accounts and documents belonging to or in the possession of such manufacturer which are necessary for verifying the return made in pursuance of subsection (3) of this section, and

( b ) render all reasonable assistance to such officer in the taking of an account of the tobacco which was in the ownership or possession of such manufacturer at five o clock in the afternoon of the 11th day of April, 1967.

(5) Every licensed manufacturer of tobacco shall, immediately upon making the return required by subsection (3) of this section or on the 18th day of April, 1967, whichever is the earlier, pay to the Revenue Commissioners the full amount of the duty imposed by subsection (1) of this section on any tobacco which was in his ownership or possession at five o'clock in the afternoon of the 11th day of April, 1967, and was chargeable with the said duty, and the Revenue Commissioners may, if they think fit, defer the payment of the duty to a date not later than the 1st day of November, 1967, upon the manufacturer giving security by bond or otherwise to their satisfaction that such duty will be paid.

(6) Every manufacturer required by subsection (3) of this section to make such return as is mentioned in that subsection who either fails to make such return or makes a return which is incomplete, false or misleading in any material respect or fails or refuses to do anything which he is required by subsection (4) of this section to do shall be guilty of an offence under the statutes relating to duties of excise and shall for every such offence incur an excise penalty of fifty pounds, and all tobacco in relation to which such offence was committed shall be forfeited.

(7) Where drawback is payable in respect of tobacco on which the excise duty imposed by subsection (1) of this section has been paid, such drawback shall, to the extent of the duty paid in pursuance of the said subsection (1) as determined by the Revenue Commissioners, be a drawback of excise.

Transit depots.

16.—(1) Notwithstanding anything contained in any other enactment, the Revenue Commissioners may, subject in any particular case to such conditions and restrictions as they see fit to impose,—

( a ) approve places, to be known as transit depots, for the temporary deposit of imported goods which have not yet been cleared from customs charge, and

( b ) permit imported goods which have not yet been cleared from customs charge, including goods which have not yet been reported and entered under the Customs Acts, to be unshipped or unladen and removed to an approved transit depot.

(2) The Revenue Commissioners may at any time revoke or vary the terms of any approval given under subsection (1) ( a ) of this section.

(3) Any person who contravenes or fails to comply with any condition or restriction imposed by the Revenue Commissioners under subsection (1) of this section shall be liable to a penalty of one hundred pounds and any goods in respect of which the offence was committed shall be liable to forfeiture.

Amendment of certain enactments.

17.—Each enactment specified in column (2) of the Second Schedule to this Act is hereby amended as specified in column (3) of that Schedule.

Amendment of section 17 (6) of Finance Act, 1966 .

18.—(1) Section 17 (6) of the Finance Act, 1966 , is hereby amended by the substitution of "twenty per cent." for "ten per cent.".

(2) If this Act is passed before or on the 1st day of July, 1967, subsection (1) of this section shall come into operation on that day and, if it is passed after that day, that subsection shall be deemed to have come into operation on that day.

(3) The appropriate repayments shall be made having regard to the provisions of subsections (1) and (2) of this section and the repayments shall be made in accordance with such directions as may be given by the Minister for Local Government.

Confirmation of Orders.

19.—The Imposition of Duties (No. 158) (Matches) Order, 1966, and the Imposition of Duties (No. 159) (Customs Duties and Form of Customs Tariff) Order, 1966, are hereby confirmed.

PART III STAMP DUTIES

Exemption from stamp duty.

20.—(1) In this section "qualified person" has the same meaning as in section 5 of the Land Act, 1965 , and "advance", means an advance under that section.

(2) Stamp duty shall not be chargeable and shall be deemed never to have been chargeable on an instrument giving effect to the purchase of land by a qualified person, being an instrument either—

( a ) which contains a charge on the land in favour of the Irish Land Commission for repayment of an advance, or

( b ) on which there is endorsed an order made by the Irish Land Commission charging the land with an advance.

PART IV CORPORATION PROFITS TAX

Relief in cases of error or mistake.

21.—(1) If any company which has paid tax charged under an assessment to corporation profits tax for any accounting period alleges that the assessment was excessive by reason of some error or mistake in a return or statement made by it for the purposes of the assessment, it may, not later than six years after the making of the assessment, make an application in writing to the Revenue Commissioners for relief.

(2) On receiving any such application the Revenue Commissioners shall inquire into the matter and shall, subject to the provisions of this section, give by way of repayment such relief in respect of the error or mistake as is reasonable and just:

Provided that no relief shall be given under this section in respect of an error or mistake as to the basis on which the liability of the applicant company ought to have been computed where the return or statement was in fact made on the basis or in accordance with the practice generally prevailing at the time when the return or statement was made.

(3) In determining any application under this section the Revenue Commissioners shall have regard to all the relevant circumstances of the case, and in particular shall consider whether the granting of relief would result in the exclusion from charge to corporation profits tax of any part of the profits of the applicant company, and for this purpose the Commissioners may take into consideration the liability of the applicant company and assessments made on it in respect of other accounting periods.

(4) Any company which is aggrieved by the determination of the Revenue Commissioners on an application made by it under this section may, on giving notice in writing to those Commissioners within twenty-one days after the notification to it of their determination, appeal to the Special Commissioners.

(5) The Special Commissioners shall thereupon hear and determine the appeal in accordance with the principles to be followed by the Revenue Commissioners in determining the applications under this section, and subject thereto, in like manner as in the case of an appeal to them against an assessment to corporation profits tax, and the provisions relating to such an appeal (including the provisions relating to the rehearing of an appeal and to the statement of a case for the opinion of the High Court on a point of law) shall apply accordingly with any necessary modifications:

Provided that neither the appellant nor the Revenue Commissioners shall be entitled to require a case to be stated for the opinion of the High Court otherwise than on a point of law arising in connection with the computation of profits.

Amendment of Finance (Profits of Certain Mines) (Temporary Relief from Taxation) Act, 1956 .

22.—(1) In section 2 of the Finance (Profits of Certain Mines) (Temporary Relief from Taxation) Act, 1956 , "thirty years" is hereby substituted for "twenty years" and in section 6 (1) of that Act "two hundred and forty months" is hereby substituted for "forty-eight months".

(2) Accordingly—

( a ) in section 6 of that Act—

(i) "exemption period" is hereby substituted for "first term" in subsection (1);

(ii) the following subsections are hereby substituted for subsections (2) to (6):

"(2) So much, as is referable to the profits, of the corporation profits tax chargeable on the company for an accounting period beginning before the commencement day and ending within the exemption period shall not be payable.

(3) So much of the corporation profits tax chargeable on the company for an accounting period beginning before the end of the exemption period and ending after the exemption period as is referable to the profits, and is attributable to the part of the accounting period falling within the exemption period shall not be payable.

(4) For the purpose of giving effect to subsection (3) of this section, the corporation profits tax attributable, by virtue of that subsection, to the respective parts of an accounting period beginning within the exemption period and ending after the exemption period, shall be ascertained by apportionment, and every such apportionment shall be made by reference to the respective lengths of the said parts:

Provided, however, that, if the company has ceased permanently during any such accounting period to carry on the trade of working the mine, then, for the purpose of ascertaining the amounts of the said corporation profits tax which are attributable to the parts of an accounting period beginning within the exemption period and ending after the exemption period, the portion of the accounting period from the beginning thereof up to the date of cessation of the trade of working the mine shall be taken as a separate accounting period.";

( b ) in section 9 (2) of that Act, "exemption period" is hereby substituted for "second term".

Amendment of section 69 of Finance Act, 1959 .

23.—(1) Any reference in section 69 of the Finance Act, 1959 , to an allowance under section 241 of the Income Tax Act, 1967 , shall, in a case in which section 11 (2) of this Act has had effect, be construed as a reference to the allowance as increased under that subsection.

(2) Where the said section 11 (2) is deemed not to have applied to any machinery or plant for any year of assessment, there shall be made for the purposes of corporation profits tax all such additional assessments and adjustments of assessments as may be appropriate.

PART V MISCELLANEOUS

Capital Services Redemption Account.

24.—(1) In this section—

"the principal section" means section 22 of the Finance Act, 1950 ;

"the 1966 amending section" means section 27 of the Finance Act, 1966 ;

"the seventeenth additional annuity" means the sum charged on the Central Fund under subsection (4) of this section;

"the Minister", "the Account" and "capital services" have the same meanings respectively as they have in the principal section.

(2) Subsection (4) of the 1966 amending section shall, in relation to the twenty-nine successive financial years commencing with the financial year ending on the 31st day of March, 1968, have effect with the substitution of "£1,788,105" for "£1,819,988".

(3) Subsection (6) of the 1966 amending section shall have effect with the substitution of "£1,137,890" for "£1,177,295".

(4) A sum of £1,880,083 to redeem borrowings, and interest thereon, in respect of capital services shall be charged annually on the Central Fund or the growing produce thereof in the thirty successive financial years commencing with the financial year ending on the 31st day of March, 1968.

(5) The seventeenth additional annuity shall be paid into the Account in such manner and at such times in the relevant financial year as the Minister may determine.

(6) Any amount of the seventeenth additional annuity, not exceeding £1,216,320 in any financial year, may be applied towards defraying the interest on the public debt.

(7) The balance of the seventeenth additional annuity shall be applied in any one or more of the ways specified in subsection (6) of the principal section.

Repeals.

25.—(1) Each enactment specified in column (2) of Part I of the Third Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

(2) ( a ) Each enactment specified in column (2) of Part II of the Third Schedule to this Act is hereby repealed to the extent specified in column (3) of that Part.

( b ) Paragraph (a)of this subsection shall come into operation on the 6th day of July, 1967, if this Act is passed before or on that day and shall be deemed to have come into operation on that day if this Act is passed after that day.

Care and management of taxes and duties.

26.—All taxes and duties imposed by this Act are hereby placed under the care and management of the Revenue Commissioners.

Short title, construction and commencement.

27.—(1) This Act may be cited as the Finance Act, 1967 .

(2) Part I of this Act shall be construed together with the Income Tax Acts.

(3) Part II of this Act, so far as it relates to customs, shall be construed together with the Customs Acts and, so far as it relates to duties of excise, shall be construed together with the Statutes which relate to the duties of excise and the management of those duties;.

(4) Part III of this Act shall be construed together with the Stamp Act, 1891, and the enactments amending or extending that Act.

(5) Part IV of this Act shall be construed together with Part V of the Finance Act, 1920, and the enactments amending or extending that Part.

(6) Part I of this Act shall be deemed to have come into force and shall take effect as on and from the 6th day of April, 1967.

(7) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended by or under any other enactment, including this Act.

Section 14.

FIRST SCHEDULE

DUTIES ON TOBACCO

PART I

Customs

		£ s. d.
Unmanufactured:—
if stripped or stemmed:—
containing 10 per cent. or more by weight of moisture the lb.		3 16 3
containing less than 10 per cent. by weight of moisture "		4 4 8-5
if unstripped or unstemmed:—
contained 10 per cent. or more by weight of moisture "		3 16 2-5
contained less than 10 per cent. by weight of moisture "		4 4 8
	Full	Preferential
	£ s. d.	£ s. d.
Manufactured:—
cigars the lb.	4 15 0-6	3 19 2-5
cigarettes "	4 12 9	3 17 3-5
Cavendish or Negrohead "	4 14 5-4	3 18 8-5
Cavendish or Negrohead manufactured in bond "	4 13 10-2	3 18 2-5
other manufactured tobacco "	4 12 5-4	3 17 0-5
snuff containing more than 13 per cent. by weight of moisture "	4 12 0-6	3 16 8-5
stuff not containing more than 13 per cent. by weight of moisture "	4 14 5-4	3 18 8-5

PART II

Customs

	Full	Preferential
	£ s. d.	£ s. d.
Manufactured:—
cigars the lb.	4 11 7-9	3 19 2-5
cigarettes ,,	4 9 4-4	3 17 3-5
Cavendish or Negrohead ,,	4 11 1	3 18 8-5
Cavendish or Negrohead manufactured in bond ,,	4 10 6-1	3 18 2-5
other manufactured tobacco:—
hard pressed tobacco ,,	4 6 8-9	3 14 8
other pipe tobacco ,,	4 8 8	3 16 7-1
other manufactured tobacco ,,	4 9 1-4	3 17 0-5
snuff containing more than 13 per cent. by weight of moisture ,,	4 8 8-5	3 16 8-5
snuff not containing more than 13 per cent. by weight of moisture ,,	4 11 1	3 18 8-5

PART III

Customs

	Full	Preferential
Manufactured:—	£ s. d.	£ s. d.
cigars the lb.	4 10 3-3	3 19 2-5
cigarettes ,,	4 8 0-3	3 17 3-5
Cavendish or Negrohead ,,	4 9 8-5	3 18 8-5
Cavendish or Negrohead manufactured in bond ,,	4 9 1-7	3 18 2-5
other manufactured tobacco:—
hard pressed tobacco ,,	4 3 0-3	3 12 3-5
other pipe tobacco ,,	4 6 10-5	3 16 1-7
other manufactured tobacco ,,	4 7 9-3	3 17 0-5
snuff containing more than 13 per cent. by weight of moisture ,,	4 7 4-5	3 16 8-5
snuff not containing more than 13 per cent. by weight of moisture ,,	4 9 8-5	3 18 8-5

PART IV

Excise

	£ s. d.
Unmanufactured:—
containing 10 per cent. or more by weight of moisture the lb.	3 15 1-5
containing less than 10 per cent. or more by weight of moisture ,,	4 3 6
Manufactured:—
Cavendish or Negrohead manufactured in bond ,,	3 17 1-5

Section 17.

SECOND SCHEDULE

AMENDMENT OF ENACTMENTS.

Session and Chapter (1)	Short Title (2)	Amendment (3)
39 & 40 Vict., c. 36.	Customs Consolidation Act, 1876	In section 50, "The master or person authorised by him shall deliver to the officer of Customs who first boards such ship an account of the stores carried, to be known as the ship's stores declaration, in such form and manner as the Revenue Commissioners may direct" is added at the end of the section. In section 53, "when the report is made attend, if required, before the collector or other proper officer and" is substituted for "at the time of making report". In section 101, for all words from the beginning of the section to "Provided also," there is substituted "( a ) The master of every ship departing from a port in the State to a place abroad shall deliver to the collector or other proper officer a general declaration outwards in such form and manner as the Revenue Commissioners may direct and, if such shall have commenced her lading at some other port, shall deliver also the clearance of such goods from such other port. ( b ) The documents required by the foregoing paragraph to be delivered by the master may be delivered by the ship's agent or by a person authorised by the master and if so delivered the provisions of the Customs Acts shall apply as if they had been delivered by the master. ( c ) If any goods are taken on board any ship before the inward cargo has been fully discharged, unless authorised by the collector or other proper officer, the master shall be liable to a penalty of one hundred pounds: provided". In section 102, "delivery of the general declaration outwards" is substituted for "due entry outwards". In section 128, for all words from "the United Kingdom" to the end of the section there is substituted "any port in the State the master or a person authorised by him shall, if required, attend before the collector or other proper officer and answer all such questions relating to the ship, the cargo, and the voyage as shall be put to him by such collector or officer; and the clearance outwards and authority for the departure of the ship shall be in such form and manner as the Revenue Commissioners may direct". In section 129, for all words from "the master shall" to the end of the section there is substituted "the clearance documents granted at the second or any subsequent ports of call shall be attached to the clearance documents granted at the first port". In section 130, "in respect of which the general declaration outwards has been delivered to the collector or other proper officer" is substituted for "entered outwards".
41 & 42 Vict., c. 15.	Customs and Inland Revenue Act, 1878.	In section 6, "the ship's agent or a person authorised by the master," is inserted after "on the application of the master," and "shall, if required, attend before the collector or other proper officer and" is inserted after "the master of such ship".
47 & 48 Vict., c. 62.	Revenue Act, 1884.	In section 3 (2), "or, alternatively, if there shall be delivered to the proper officer of Customs a copy or copies of the bill or bills of lading relating to the shipped goods together with a declaration subscribed by the master, the ship's agent, or a person authorised by the master, that there is contained in such copy or copies of the bill or bills of lading a true account of all the shipped goods for which no bond is required," is inserted after "for which no bond is required,".
61 & 62 Vict., c. 46.	Revenue Act, 1898.	In section 2 (1), "may be made by the ship's agent or by a person authorised by the master" is substituted for "may, subject to and in accordance with regulations by the Commissioners of Customs, be made by such one of the responsible officers of the ship as the master appoints in writing".

Section 25.

THIRD SCHEDULE

ENACTMENTS REPEALED

PART I

Session and Chapter or Number and Year (1)	Short Title (2)	Extent of Repeal (3)
39 & 40 Vict., c. 36	Customs Consolidation Act, 1876.	In section 126, the words from ", and shall be signed" to "such victualling bill"; section 127
41 & 42 Vict., c. 15.	Customs and Inland Revenue Act, 1878.	In section 6, the words "borne upon the victualling bill".
47 & 48 Vict., c. 62.	Revenue Act, 1884.	Section 3 (3); in section 3 (4), the words "or certificate" in both places where they occur.
No. 23 of 1963.	Finance Act, 1963 .	Section 100; Fifth Schedule.
No. 6 of 1967.	Income Tax Act, 1967 .	Section 490; Section 14.

PART II

Session and Chapter (1)	Short Title (2)	Extent of Repeal (3)
6 Geo. 4, c. 81.	Excise Licences Act, 1825.	The paragraph relating to every maker of vinegar or acetous acid in section 2; the words "Every maker of vinegar or acetous acid, for sale;" in section 26; the words "vinegar, or" in section 27.
7 & 8 Vict., c. 25.	Vinegar Act, 1844.	Sections 2, 3 and 4.
9 & 10 Vict., c. 90.	Still Licences Act, 1846.	The words "or vinegar maker," in sections 1 and 4.
24 & 25 Vict., c. 91.	Revenue (No. 2) Act, 1861.	The words "or vinegar maker," in section 23.
43 & 44 Vict., c. 24.	Spirits Act, 1880.	The words ", or to make vinegar," and "or making of vinegar" in section 12.
52 & 53 Vict., c. 7.	Customs and Inland Revenue Act, 1889.	Section 4.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Legislation
You are here: BAILII >> Databases >> Irish Legislation >> Finance Act, Number 17/1967 URL: http://www.bailii.org/ie/legis/num_act/1967/0017.html

Irish Legislation

Finance Act, 1967