Finance Act 2024

PART 2

Excise

Chapter 1

E-Liquid Products Tax

Definitions

57. In this Chapter and in Schedule 1

“accounting period” means a period of 1 calendar month or such other period as the Commissioners may prescribe for the purposes of payment and returns under section 61 ;

“Commissioners” means the Revenue Commissioners;

“electronic cigarette” means a product that can be used for the consumption of e-liquid product vapour via a mouthpiece, or any component of that product, including a cartridge, a tank and the product without cartridge or tank, whether or not it is disposable, or refillable by means of a refill container or a tank, or rechargeable with single use cartridges;

“e-liquid product” means liquid for e-liquid inhalation products except where such liquid is used exclusively as a nicotine replacement;

“e-liquid inhalation product” means—

(a) an electronic cigarette, or

(b) any other product consisting of—

(i) a device which is intended to enable e-liquid product vapour to be inhaled through a mouthpiece (irrespective of whether the device would also enable any other substance to be so inhaled), or

(ii) a cartridge which is capable of—

(I) containing an e-liquid product, and

(II) forming part of a device that falls within subparagraph (i);

“first supplied”, where express provision is not made in this behalf, means the first time a supply is made within the State by a supplier;

“liquid for e-liquid inhalation products” means—

(a) liquid containing nicotine that can be used in an e-liquid inhalation product, and

(b) liquid not containing nicotine that can be used in an e-liquid inhalation product;

“nicotine replacement” means a medicine licenced or authorised by the Health Products Regulatory Authority supplied for the purpose of nicotine replacement therapy;

“officer” means an officer of the Commissioners;

“prescribe” means prescribe by regulations under section 66 ;

“related company” has the meaning assigned to it by the Companies Act 2014 ;

“supplier” means—

(a) except where paragraph (b) applies, a taxable person within the meaning of section 2 of the Value-Added Tax Consolidation Act 2010 , or

(b) an accountable person for the purposes of Part 2 of the Value-Added Tax Consolidation Act 2010 ,

who supplies an e-liquid product;

“supply” means the supply of an e-liquid product to another person, except where that person is a related company;

“tax” means e-liquid products tax within the meaning of section 58 .