Finance Act, 1995

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Amendment of section 17 (tax deductions from payments to subcontractors in the construction industry) of Finance Act, 1970.

18.—(1) Section 17 (as amended by the Finance Act, 1992 ) of the Finance Act, 1970 , is hereby amended—

(a) in subsection (1), by the substitution of the following definition for the definition of “certification of authorisation”:

“‘certificate of authorisation’ means a certificate issued under subsection (7), which certificate shall be valid for such period as the Revenue Commissioners may by regulations made in accordance with subsection (5) provide;”,

(b) in subsection (5)—

(i) by the insertion of the following paragraph after paragraph (a):

“(aa) (i) the making, before the entering into of a relevant contract, by the persons who intend to enter into such a contract of a declaration, in a specified form, to the effect that, having regard to guidelines published by the Revenue Commissioners for the information of such persons as to the distinctions between contracts of employment and relevant contracts and without prejudice to the question of whether a particular contract is a contract of employment or a relevant contract, they have satisfied themselves that in their opinion the contract which they propose to enter into is not a contract of employment,

(ii) the publication of guidelines by the Revenue Commissioners for the purposes of subparagraph (i), and

(iii) the keeping by principals of every such declaration and the inspection of any or all such declarations;”,

and

(ii) by the insertion of the following paragraph after paragraph (d):

“(dd) the furnishing by sub-contractors to principals of all such information or particulars as are required by principals to enable principals to comply with any provision of regulations made under this section;”,

and

(c) in subsection (10), by the substitution of the following sub-paragraph for subparagraph (iv) of paragraph (c):

“(iv) who fails to comply with any provision of regulations made under this section requiring such person—

(I) to make any declaration, or

(II) to provide any information or particulars to principals, or

(III) to keep or produce any records, documents or declarations,”.

(2) Subsection (1) (a) shall have effect from, and be deemed always to have had effect from, the 6th day of October, 1992.