Finance Act 2008
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SCHEDULE 8 Miscellaneous Technical Amendments in Relation to Tax | ||
1. The Taxes Consolidation Act 1997 is amended in accordance with the following provisions: | ||
(a) in the Table to section 37— | ||
(i) by deleting “Securities issued on or after the 2nd day of July, 1964, by Aer Lingus, Teoranta.”, | ||
(ii) by substituting “Dublin Airport Authority” for “Aer Rianta, Teoranta”, and | ||
(iii) by deleting “Securities issued on or after the 2nd day of July, 1964, by Aerlínte Éireann, Teoranta.”, | ||
(b) in section 247(4A)(e) by deleting “to the Principal Act”, | ||
(c) in section 268— | ||
(i) in subsection (9)(e) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”, and | ||
(ii) by substituting the following for subsection (10): | ||
“(10) For the purposes of this Part— | ||
‘ Dublin Airport Authority ’ means the Dublin Airport Authority, public limited company, and includes— | ||
(a) where a day has been appointed under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, that company, and | ||
(b) where a day has been appointed under the said section 5 in respect of the Shannon Airport Authority, public limited company, that company; | ||
‘ vesting day ’ means the day appointed by order under section 9(6) of the State Airports Act 2004 in respect of the Dublin Airport Authority and such other day or days as may be appointed by order or orders under section 5 of the State Airports Act 2004 in respect of the Cork Airport Authority, public limited company, and the Shannon Airport Authority, public limited company.”, | ||
(d) in section 272— | ||
(i) in subsection (3A) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in each place where it occurs, | ||
(ii) in subsection (3B) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in both places where it occurs, and | ||
(iii) in subsection (4)(g)(ii)(I) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”, | ||
(e) in section 274(1)(b)(vi)(II)(A) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta”, | ||
(f) in section 284(8) by substituting “Dublin Airport Authority” for “Aer Rianta cuideachta phoiblí theoranta” in both places where it occurs, | ||
(g) in section 476— | ||
(i) in subsection (1) by deleting the definition of “dependant”, and | ||
(ii) in subsection (2)(a) by deleting “, on his or her own behalf or on behalf of his or her dependant,”, | ||
(h) in section 607(1)(d) by substituting “or Dublin Airport Authority,” for “, Aerlínte Éireann, Teoranta, Aer Lingus, Teoranta or Aer Rianta, Teoranta,”, | ||
(i) in section 671— | ||
(i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and | ||
(ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”, | ||
(j) in section 681(1)(a), in the definition of “the Minister” by substituting “Minister for Communications, Energy and Natural Resources;” for “Minister for the Marine and Natural Resources;”, | ||
(k) in section 682— | ||
(i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and | ||
(ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”, | ||
(l) in section 683(5) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, | ||
(m) in section 684(1)— | ||
(i) in paragraph (iii)(II) of the definition of “development expenditure” by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and | ||
(ii) in paragraph (b) of the definition of “exploration expenditure” by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, | ||
(n) in section 697— | ||
(i) in subsection (1) by substituting “Minister for Communications, Energy and Natural Resources” for “Minister for the Marine and Natural Resources”, and | ||
(ii) in subsection (2) by substituting “Minister for Communications, Energy and Natural Resources,” for “Minister for the Marine and Natural Resources,”, | ||
(o) in section 730GB by substituting “Capital Acquisitions Tax Consolidation Act 2003.” for “Capital Acquisitions Tax Act 2003.”, | ||
(p) in section 838(1)(a), in subparagraph (ii) of the definition of “securities” by substituting “or Dublin Airport Authority,” for “, Aerlínte Éireann cuideachta phoiblí theoranta, Aer Lingus plc or Aer Rianta cuideachta phoiblí theoranta,”, | ||
(q) in section 917D(1)— | ||
(i) in paragraph (f) of the definition of “the Acts” by substituting “Stamp Duties Consolidation Act 1999,” for “Stamp Act, 1891,”, and | ||
(ii) in the definition of “authorised person” by substituting “section 917G(3)(a);” for “section 917G(3)(b);”, | ||
(r) in section 1000(a) by substituting “regulation 14 of the Income Tax (Relevant Contracts) Regulations 2000 ( S.I. No. 71 of 2000 ),” for “regulation 12 of the Income Tax (Construction Contracts) Regulations, 1971 ( S.I. No. 1 of 1971 ),”, | ||
(s) in section 1077(2) by substituting “mentioned in any of those provisions or sections,” for “mentioned in any of the those provisions or sections,”, | ||
(t) in section 1104(4) by substituting “Stamp Duties Consolidation Act 1999,” for “Stamp Act, 1891,”, | ||
(u) in Part 1 of Schedule 24A by inserting the following after paragraph 5: | ||
“5A. The Double Taxation Relief (Taxes on Income and Capital Gains) (Republic of Chile) Order 2005 ( S.I. No. 815 of 2005 ).”, | ||
and | ||
(v) in Schedule 25C— | ||
(i) in paragraph 1(2), in clause (b) of the definition of TR by deleting “which”, and | ||
(ii) in paragraph 2(2), in clause (b) of the definition of TA by deleting “which”. | ||
2. The Stamp Duties Consolidation Act 1999 is amended in section 75A(1), in paragraph (c) of the definition of “recognised clearing house” by substituting “SIS x-clear Aktiengesellschaft” for “SIS SegaInterSettle AG”. | ||
3. The Value-Added Tax Act 1972 is amended in accordance with the following provisions: | ||
(a) in section 1(1)— | ||
(i) in the definition of “the customs-free airport” by substituting “Customs-free Airport Act 1947” for “Customs-free Airport Act, 1941”, | ||
(ii) by deleting “ ‘monthly control statement’ has the meaning assigned to it by section 17;”, and | ||
(iii) in paragraph (c) of the definition of “taxable dealer” by inserting “and in relation to supplies of agricultural machinery, has the meaning assigned to it by section 12C” after “section 12B”, | ||
(b) in section 3B— | ||
(i) in subsection (1) by substituting “suspension arrangement” for “duty-suspension arrangement”, | ||
(ii) in subsection (3) by substituting “and in accordance with Chapters 1 and 2 of Part 2 of the Finance Act 2001 ” for “and in accordance with Chapter II of Part II of the Finance Act, 1992 ”, | ||
(iii) in subsection (4) by substituting “suspension arrangement” for “duty-suspension arrangement”, and | ||
(iv) by substituting the following for subsection (7): | ||
“(7) In this section— | ||
‘ alcohol products ’ has the same meaning as it has in section 73(1) of the Finance Act 2003 ; | ||
‘ suspension arrangement ’ means an arrangement under which excisable products are produced, processed, held or moved, excise duty being suspended.”, | ||
(c) in section 8(2) by deleting paragraph (ab), | ||
(d) in section 16(3)— | ||
(i) by deleting “monthly control statements,”, | ||
(ii) by deleting “monthly control statement,”, and | ||
(iii) by deleting “monthly control statements” where it last occurs, | ||
(e) in section 17 by deleting subsection (1B), | ||
(f) in section 27 by deleting “monthly control statement,” in each place where it occurs, | ||
(g) in section 28 by deleting “monthly control statement,”, | ||
(h) in section 30(4)(b) by deleting “monthly control statement,”, | ||
(i) in section 32(1)(i) by deleting “monthly control statement,” in both places where it occurs, | ||
(j) in paragraph (xia) of the First Schedule by substituting “designated persons in accordance with the European Communities (Postal Services) Regulations 2000 ( S.I. No. 310 of 2000 )” for “persons licensed in accordance with section 73 or subsection (1) of section 111 of the Postal and Telecommunications Services Act, 1983 ”, and | ||
(k) in paragraph (i)(d) of the Sixth Schedule by substituting “(within the meaning of the Mineral Oil Tax Regulations 2001 ( S.I. No. 442 of 2001 ))” for “(within the meaning of the Hydrocarbon (Heavy) Oil Regulations, 1989 ( S.I. No. 121 of 1989 ))”. | ||
4. Chapter 1 of Part 2 of the Finance Act 2003 is amended— | ||
(a) in section 73(1) by substituting the following for the definition of “medicinal product”: | ||
“ ‘ medicinal product ’ means a veterinary medicinal product as defined in Article 1 of Directive 2001/82/EC of 6 November 2001, or a medicinal product as defined in Article 1 of Directive 2001/83/EC of 6 November 2001, or in any Directive amending or replacing those Directives;”, | ||
and | ||
(b) in section 75 by substituting the following for subsection (2) (as substituted by the Finance Act 2004 ): | ||
“(2) In the case of spirits produced in the State by a process of distillation, where the quantity of spirits produced is less than the quantity capable of being produced from the wort or wash used in such process, the Commissioners may require that, instead of a charge on the quantity of spirits produced, alcohol products tax be charged on the quantity capable of being produced from such wort or wash on the assumption that from every hectolitre of wort or wash one litre of alcohol is produced for every 8.8 degrees of attenuation, that is to say, for every 8.8 degrees of difference between the highest gravity of the wort and the lowest gravity of the wash before distillation.”. | ||
5. The Finance Act 2007 is amended in section 96(b) by substituting “with effect from 1 May 2007” for “with effect from 1 July 2007”. | ||
6. The Taxes (Offset of Repayments) Regulations 2002 ( S.I. No. 471 of 2002 ) is amended in accordance with the following provisions: | ||
(a) in Regulation 3(a)(ix) by substituting “Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003)” for “Capital Acquisitions Tax Act 1976 (No. 8 of 1976)”, and | ||
(b) in Regulation 4(a)(ix) by substituting “Capital Acquisitions Tax Consolidation Act 2003” for “Capital Acquisitions Tax Act 1976”. | ||
7. (a) As respects paragraph 1 — | ||
(i) subparagraphs (a), (h) and (p) have effect as on and from 31 January 2008, | ||
(ii) subparagraphs (b) to (f), (i) to (o) and (q) to (v) have effect as on and from the passing of this Act, and | ||
(iii) subparagraph (g) is deemed to have come into force and have taken effect as respects the year of assessment 2007 and subsequent years of assessment. | ||
(b) Paragraph 2 shall apply as respects instruments executed on or after 1 October 2007. | ||
(c) Paragraph 3 has effect as on and from the passing of this Act. | ||
(d) Paragraph 4 has effect as on and from the passing of this Act. | ||
(e) Paragraph 5 is deemed to have come into force and have taken effect as on and from 2 April 2007. | ||
(f) Paragraph 6 has effect as on and from the passing of this Act. |