Finance Act 2012
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SCHEDULE 6 Miscellaneous Technical Amendments in Relation to Tax | ||
1. The Taxes Consolidation Act 1997 is amended— | ||
(a) in section 59(a) by inserting “provisions relating to” after “by virtue of”, | ||
(b) in section 247(2A)(c) by inserting “of subsection (2)” after “paragraph (a)(i)”, | ||
(c) in section 396C(4)— | ||
(i) in paragraph (a) by substituting “paragraph (b)” for “subparagraph (b)”, and | ||
(ii) in paragraph (b) by substituting “Paragraph (a)” for “Subparagraph (a)”, | ||
(d) in section 473(1) in column (3) of the Table to the definition of “specified limit” by substituting “4,000” for “3,600”, | ||
(e) in section 480A(2) by substituting “section 960H” for “section 1006A”, | ||
(f) in section 511(1)(a)(i) by substituting “Redundancy Payments Acts 1967 to 2003” for “Redundancy Payments Acts, 1967 to 1991”, | ||
(g) in section 730K by substituting the following for subsection (5): | ||
“(5) Where an individual is chargeable to tax in accordance with subsection (1) in respect of an amount of income the tax thereby payable, in so far as it is paid, shall be treated as an amount of capital gains tax paid for the purposes of section 104 of the Capital Acquisitions Tax Consolidation Act 2003 .”, | ||
(h) in section 747E by substituting the following for subsection (5): | ||
“(5) Where an individual is chargeable to tax in accordance with subsection (1) in respect of an amount of income the tax thereby payable, in so far as it is paid, shall be treated as an amount of capital gains tax paid for the purposes of section 104 of the Capital Acquisitions Tax Consolidation Act 2003 .”, | ||
(i) in section 772(3G) by substituting “Pensions Act 1990” for “Principal Act”, | ||
(j) in section 831— | ||
(i) in subsection (1)(a)— | ||
(I) by substituting the following for the definition of “the Directive”: | ||
“ ‘the Directive’ means Council Directive 2011/96/EU of 30 November 2011 22 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States;”, | ||
and | ||
(II) in paragraph (ii)(I) of the definition of “foreign tax” by substituting “Annex I, Part B” for “paragraph (c) of Article 2”, | ||
and | ||
(ii) in subsection (2)(a)(i) by substituting “Article 5” for “Article 5.1”, | ||
(k) in section 865A— | ||
(i) in subsection (1) by substituting “section 960H(4)” for “section 1006A(2A)”, and | ||
(ii) in subsection (2) by substituting “section 960H(4)” for “section 1006A(2A)”, | ||
(l) in section 886A(3) by deleting “and, for the purposes of recovery of a penalty under this subsection, section 1061 shall apply in the same manner as it applies for the purposes of the recovery of a penalty under any of the sections referred to in that section”, | ||
(m) in section 891B(7)(b) by deleting “; and, for the purposes of the recovery of a penalty under this paragraph, section 1061 shall apply in the same manner as it applies for the purposes of the recovery of a penalty under any of the sections referred to in that section”, | ||
(n) in section 896B— | ||
(i) in subsection (1) by substituting the following for the definition of “Commission”: | ||
“ ‘Authority’ means the National Transport Authority or, in the Irish language, An tÚdarás Náisiúnta Iompair.”, | ||
and | ||
(ii) in subsection (2) by substituting “Authority” for “Commission” in both places where it occurs, | ||
(o) in section 898O by deleting subsection (2), | ||
(p) in section 917EA(7) by deleting “and, for the purposes of the recovery of a penalty under this subsection, section 1061 applies in the same manner as it applies for the purposes of the recovery of a penalty under any of the sections referred to in that section”, | ||
(q) in section 1077E(12) by substituting “paragraph (a)(ii)” for “paragraph (b)(ii)”, | ||
(r) in section 1078B(6) by substituting “section 905 or 908C, as the case may be” for “that section”, and | ||
(s) in Schedule 29— | ||
(i) in column 2 by substituting the following for “section 505(3) and (4)”: | ||
“section 503(3) and (4) (as substituted by section 33 of the Finance Act 2011 ) | ||
section 505(3) and (4) (before the coming into operation of section 33 of the Finance Act 2011 )”, | ||
(ii) in column 3 by inserting “section 481(2F)” after “section 267B”, and | ||
(iii) in column 3 by substituting the following for “section 505(1) and (2)”: | ||
“section 503(1) and (2) (as substituted by section 33 of the Finance Act 2011 ) | ||
section 505(1) and (2) (before the coming into operation of section 33 of the Finance Act 2011 )”. | ||
2. The Capital Acquisitions Tax Consolidation Act 2003 is amended— | ||
(a) in section 47(4) by substituting the following for paragraph (a): | ||
“(a) A return or additional return delivered under this Act shall be made on a form provided, or approved of, by the Commissioners.”, | ||
(b) in section 57(6) by substituting “section 960H(4)” for “section 1006A(2A)”, and | ||
(c) in section 118(1) by substituting “and any enactment amending or extending that Act are” for “is”. | ||
3. The Value-Added Tax Consolidation Act 2010 is amended— | ||
(a) in section 2(1) in paragraph (a) of the definition of “taxable dealer” by inserting “or of heat or cooling energy through heating or cooling networks,” after “distribution system,”, | ||
(b) in section 10(1) by inserting “or heat or cooling energy through heating or cooling networks,” after “distribution system,”, | ||
(c) in section 59— | ||
(i) in subsection (1) by deleting paragraph (c) of the definition of “qualifying activities”, and | ||
(ii) in subsection (2)(e) by inserting “or of heat or cooling energy through heating or cooling networks,” after “distribution network,”, | ||
(d) in section 64(6)(a)(i)(I) by substituting “applies),” for “applies)”, | ||
(e) in section 66— | ||
(i) in subsection (3)(b) by inserting “the rate at which tax is chargeable and” after “excluding”, | ||
(ii) in subsection (4)(a)(ii) by inserting “the rate at which tax is chargeable and” after “excluding”, and | ||
(iii) in subsection (4A)(a)(ii) by inserting “the rate at which tax is chargeable and” after “excluding”, | ||
(f) in section 105— | ||
(i) in subsection (2) by substituting “section 960H(4)” for “section 1006A(2A)”, and | ||
(ii) in subsection (3) by substituting “section 960H(4)” for “section 1006A(2A)”, | ||
(g) in Schedule 1— | ||
(i) in paragraph 8 by substituting the following for subparagraph (1): | ||
“(1) Insurance and reinsurance transactions, and the supply of related services by insurance brokers and insurance agents.”, | ||
and | ||
(ii) in paragraph 8(2) by deleting “, in relation to insurance services,”, | ||
and | ||
(h) in Schedule 3— | ||
(i) in paragraph 17(4) by substituting “Regulation 34(2)(a)” for “Regulation 6(2)”, and | ||
(ii) in paragraph 22(1) by substituting “paragraph 12(4)” for “paragraph 12(3)”. | ||
4.(a) As respects paragraph 1— | ||
(i) subparagraphs (a) to (h), (j), (k), (n), (q) and (r) have effect on and from the passing of this Act, | ||
(ii) subparagraph (i) is deemed to have come into force and have taken effect on and from 21 December 2010, | ||
(iii) subparagraphs (l), (m), (o) and (p) apply as respects penalties incurred on or after 24 December 2008, and | ||
(iv) subparagraph (s) has effect on and from 1 January 2012. | ||
(b)Paragraphs 2 and 3 have effect on and from the passing of this Act. | ||