35. Taxation
Updated to 3 September 2024 (Act No. 30 of 2024 and S.I. No. of 442 of 2024)
► 35.1. Air Travel Tax
► 35.2. Alcohol Products Tax 12
Finance |
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3/2003 |
13
The enabling provision, Finance Act 1966 (17/1966), s. 15, was repealed by Finance Act 2003 (3/2003), ss. 83, 86 and sch. 1, commenced by S.I. No. 373 of 2004. There is a saver for regulations in s. 83: (2) If and in so far as a provision of this Chapter operates, as from the day appointed under section 86, in substitution for a provision of the repealed enactments, any order or regulation made or having effect as if made, and any thing done or having effect as if done, under the substituted provision before that day shall be treated as from that day as if it were an order or regulation made or a thing done under such provision of this Chapter. This SI amended Wine Duty Regulations 1966, S.I. No. 160 of 1966, which were revoked by Finance Act 2003 (3/2003), s. 83 and sch. 1 part 2. It is therefore obsolete and should be revoked.
14
The commenced provision relates to vehicle registration tax.
15
The commenced provision, Finance Act 2003 (3/2003), s. 111, inserted a new s. 73A into Finance Act 2002 (5/2002). This section was deleted by Finance Act 2012 (9/2012), s. 77, rendering this SI obsolete. Section 111 related to betting duty.
16
The commenced provisions relate to duties on gaming.
17
The commenced provision relates to wholesale debt instruments.
18
The commenced provision relates to vehicle registration tax, see 33.5.3.
19
The commenced provision relates to capital acquisitions tax, see 35.4.
20
The commenced provision relates to repayment of taxes.
21
The commenced provision relates to value added tax, see 35.17.
22
The commenced provision relates to stamp duty, see 35.14.
23
The commenced provision relates to capital acquisitions tax, see 35.4.
24
The commenced provision relates to vehicle registration tax, see 35.5.3.
25
The commenced provision relates to qualifying farmers.
26
The commenced provision appears to relate to mandatory e-filing.
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► 35.3. Betting Duty
Finance |
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5/2002 |
27
Finance Act, 1996 (Commencement of Section 75(1)) Order 1999 (S.I. No. 223 of 1996) commenced a provision which concerned exemption from duty on certain bets. Section 75(1) was repealed by Finance Act 2002, s. 80. This SI No. 223 is obsolete and should be revoked. The saver for regulations in s. 81(2) of the 2002 Act does not appear to cover this commencement order.
28
This SI commenced s. 93 (relating to mineral oil tax) which substituted Finance Act 1999 (2/1999), s. 99. This provision was repealed by Finance Act 2008 (3/2008), s. 72(4)(d). This SI is therefore obsolete and should be revoked.
29
The commenced provision relates to income tax.
30
This SI commenced Finance Act 2002 (5/2002), s. 94(1)(a)(ii) (relating to tobacco tax), which amended Finance (Excise Duty on Tobacco Products) Act 1977 (32/1977), s. 1. This Act was repealed by Finance Act 2005 (5/2005), s. 81(1) and sch. 3 part 1. This SI is therefore obsolete and should be revoked.
31
The commenced provision relates to income and corporation tax.
32
The commenced provision relates to write off of certain repayable advances to Shannon Free Airport Development Company Limited.
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► 35.4. Capital Acquisitions Tax
Finance |
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1/2003 |
33
Death Duties (Payment in Stock) Regulations 1954 (S.I. No. 15 of 1954) were made under Finance Act 1953, s. 16, and provided for the payment of death duties by means of stock of the 5% National Loan 1962/72, which was redeemed in 1997 (NTMA Annual Report 1997, note 2). This SI (15 of 1954) is therefore obsolete and should be revoked.
34
Finance Act 1954 (22/1954), s. 22 provided for the payment of death duties by means of transfer of securities, and instruments were made to provide for such payment by different securities, many if not all of which have been redeemed (see NTMA Annual Reports and Finance Accounts (Audited Financial Statements of the Exchequer)). The instruments therefore appear to be obsolete and should be revoked. The instruments are
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► 35.5. Capital Gains Tax
► 35.6. Corporation Tax
Finance 36 |
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39/1997 |
36
Functions under s482 transferred to the Department of Housing, Planning and Local Government: see S.I. No. 339 of 2020. Previously functions under s482 (and s1003A) were under the Department of Tourism, Culture and Sport: see S.I. No. 192 of 2011. Functions under s847A transferred to the Department of Culture, Heritage and the Gaeltacht: see S.I. No. 356 of 2020.Previously functions under s847A were under the Department of Transport: see S.I. No. 140 of 2011. Functions under Chapter 12 of Part 10, Part 16 (other than section 496 (8)) and sections 353 (1), 409B (1) and 787 (8B) transferred to the Department of Transport, Tourism and Sport: see S.I. No. 217 of 2011.
37
Finance Act, 1964 (Commencement of Section 28) Order 1966 (S.I. No. 58 of 1966) commenced Finance Act 1964 (15/1964), s. 28 which was repealed by Corporation Tax Act 1976 (7/1976), s. 164, sch. 3 part 2. Corporation Tax Act 1976 was repealed by Taxes Consolidation Act 1997 (39/1997), ss. 1097, 1098, 1102, 1103, sch. 30. S.I. No. 58 of 1966 is therefore obsolete and should be revoked.
38
The enabling provision was repealed by the Taxes Consolidation Act 1997 (39/1997) with a saver for regulations made by s. 1103: (3) All instruments, documents, authorisations and letters or notices of appointment made or issued under the repealed enactments and in force immediately before the commencement of this Act shall continue in force as if made or issued under this Act. This saver covers all enactments repealed by 39/1997. This SI is considered obsolete by the Department of Finance.
39
This order was made under Finance Act 1987, s. 27. There is a saver for these orders in Dublin Docklands Development Authority Act 1997 (7/1997), ss. 2, 9: (7) Notwithstanding section 8, any order made under section 27 of the Finance Act, 1987, shall continue and have effect. Section 27 was later repealed by Taxes Consolidation Act 1997 (39/1997), ss. 1097, 1098, 1101, 1102, 1103, sch. 30, sch. 32, par. 22 (3). There is a further saver for instruments in s. 1103: (3) All instruments, documents, authorisations and letters or notices of appointment made or issued under the repealed enactments and in force immediately before the commencement of this Act shall continue in force as if made or issued under this Act. This SI is considered obsolete by the Department of Finance.
40
Ibid.
41
Ibid.
42
Ibid.
43
Ibid.
44
This order was made under Finance Act 1987, s. 27. There is a saver for these orders in Dublin Docklands Development Authority Act 1997 (7/1997), ss. 2, 9 (7): Notwithstanding section 8, any order made under section 27 of the Finance Act, 1987, shall continue and have effect. Section 27 was later repealed by Taxes Consolidation Act 1997 (39/1997), ss. 1097, 1098, 1101, 1102, 1103, sch. 30, sch. 32, par. 22 (3). There is a further saver for instruments in s. 1103: (3) All instruments, documents, authorisations and letters or notices of appointment made or issued under the repealed enactments and in force immediately before the commencement of this Act shall continue in force as if made or issued under this Act.
45
This SI is considered obsolete by the Department of Finance and should be revoked.
46
This SI is considered obsolete by the Department of Finance and should be revoked.
47
The qualifying period provided in this SI expired on 31 December 1999. It is obsolete and should be revoked.
48
This SI extended specified periods to 1999 and 2000. It is considered obsolete by the Department of Finance.
49
This SI deals with obligations in 2001 and is probably obsolete.
50
This SI is considered obsolete by the Department of Finance and should be revoked.
51
This SI deals with obligations in 2002 and is probably obsolete.
52
The enabling section, s. 766, has been heavily amended, but the regulation making power in subs. (6) remains intact.
53
This SI is considered obsolete by the Department of Finance and should be revoked.
54
No enabling provision recited but definition of specified deposits in s. 56, as inserted by Finance Act 2007 (11/2007), s. 34(1)(a)(iv), enables the Minister to designate specified deposits.
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► 35.7. Double Taxation Relief
Finance |
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8/1923 |
► 35.8. Electricity Tax
► 35.9. Income Tax
► 35.10. Local Property Tax
Finance |
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52/2012 |
Finance |
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4/2013 |
Finance |
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50/2015 |
Finance |
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31/2021 |
132
Finance Act 1983 (Commencement of Section 107A) Order 2003 (S.I. No. 513 of 2003) commenced Finance Act 1983, s. 107A(1) as inserted by Finance Act 2003 (3/2003), s. 155. Section 107A provides, in relation to Residential Property Tax: (1) The provisions of section 159A and 159B of the Stamp Duties Consolidation Act 1999 (inserted by the Finance Act 2003) shall, with any necessary modifications for the purpose of so corresponding, apply to the provisions of this Part in relation to amounts to be repaid, and the interest to be paid in respect of such amounts under section 107. Residential Property Tax was abolished by Finance Act 1997 (22/1997), s. 131. S.I. No. 513 of 2003 is therefore obsolete and should be revoked.
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► 35.11. Mineral Oil Tax
Finance |
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2/1999 |
133
Finance Act, 1998 (Commencement of Section 90) Order 1998 (S.I. No. 206 of 1998) commenced Finance Act 1998 (3/1998), s. 90, which was repealed by Finance Act 1999, s. 106 and sch. 3 part 1. The provision which s. 90 amended, Finance Act 1935 (28/1935), s. 21, was also repealed by s. 106 and sch. 3 part 1. S.I. No. 206 of 1998 is therefore obsolete and should be revoked.
134
Rendered obsolete by revocation of S.I. No. 442 of 2001, this SI should be revoked.
135
Rendered obsolete by revocation of S.I. No. 442 of 2001, this SI should be revoked.
136
This SI commenced s. 98A which was later substituted and the substitution commenced by S.I. No. 581 of 2006. This SI is therefore obsolete and should be revoked.
137
This SI amended S.I. No. 442 of 2001, which was revoked by S.I. No. 231 of 2012. It is therefore obsolete and should be revoked.
138
This SI commenced a substituted s. 98A of this Act. This section ceased to have effect on 31 December 2010, making this SI obsolete. It should be revoked.
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► 35.12. Natural Gas Carbon Tax
► 35.13. Solid Fuel Carbon Tax
Finance | 5/2010* | |
► 35.14. Stamp Duties
► 35.15. Sugar Sweetened Drinks Tax
► 35.16. Table Waters Tax
Finance | 6 & 7 Geo. 5, c. 11 | |
151
Duties on table waters were terminated by Finance Act 1992 (9/1992), s. 152. These SIs are therefore obsolete and should be revoked.
152
Ibid.
153
Ibid.
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► 35.17. Tobacco Products Tax
Finance |
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5/2005 |
Finance |
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13/1994 |
154
The original enabling provision, Finance (Excise Duty on Tobacco Products) Act 1977 (32/1977) was repealed by Finance Act 2005 (5/2005), ss. 81 (1), 86 and sch. 3 part 1. There is a saver for regulations in s. 81: - (2) If and in so far as a provision of this Chapter operates, as from the day appointed under section 86 , in substitution for a provision of the repealed enactments, any order or regulation made or having effect as if made, and any thing done or having effect as if done, under the substituted provision before that day shall be treated as from that day as if it were an order or regulation made or a thing done under such provision of this Chapter. It is unclear whether these regulations are caught by the saver. This SI is also enabled by Finance Act 1984 (9/1984), s. 75, which remains in force. The SI refers widely to S.I. No. 57 of 1979, which was revoked by Finance (No. 2) Act 1992 (28/1992), s. 5, by way of an amendment to Finance Act 1992 (9/1992). It is considered expired by the Revenue Commissioners and should be revoked.
155
The original enabling provision, Finance Act 1984 (9/1984), s. 75, remains in force. This SI is also enabled as regards reg. 25 by Finance (Excise Duty on Tobacco Products) Act 1977 (32/1977), which was repealed by Finance Act 2005 (5/2005), ss. 81 (1), 86 and sch. 3 part 1. There is a saver for regulations in s. 81: (see above). It is unclear whether reg. 25 is caught by the saver. The SI refers widely to S.I. No. 57 of 1979, which was revoked by Finance (No. 2) Act 1992 (28/1992), s. 5, by way of an amendment to Finance Act 1992 (9/1992). It is the view of the Revenue Commissioners that the circumstances giving rise to these duties no longer exist; this SI should be revoked.
156
The original enabling provision, Finance (Excise Duty on Tobacco Products) Act 1977 (32/1977) was repealed by Finance Act 2005 (5/2005), ss. 81 (1), 86 and sch. 3 part 1. There is a saver for regulations in s. 81: (see above). However a new tax stamp system was put in place by the 2005 Act, superseding the tax stamps provided for in the substituted s. 74 of the 1977 Act. This SI is therefore obsolete and should be revoked.
157
The commenced provisions relate to value added tax.
158
The commenced provisions relate to mineral oil tax.
159
The commenced provision amended Finance (Excise Duty on Tobacco Products) Act 1977 (32/1977), repealed by Finance Act 2005 (5/2005), s. 81 and sch. 3. This SI is therefore obsolete and should be revoked.
160
The commenced provision relates to retirement benefits.
161
The commenced provision relates to qualifying farmers.
162
The commenced provision relates to tax treatment of company directors and employees granted rights to acquire shares or other assets.
163
This SI commences s. 25(1)(a)(i) (dealting with collective investment undertakings), which was repealed with the rest of Part 1 (ss. 1-66) by Taxes Consolidation Act 1997 (39/1997), ss. 1097, 1098, 1102, 1103, sch. 30. It is therefore obsolete and should be revoked.
164
This SI commences s. 93 and 96(a) (relating to value added tax), which were repealed with the rest of Part 3 (ss. 90-101) by VAT Consolidation Act 2010, 31/2010, ss. 123, 125 & sch. 8, pt. 1. It is therefore obsolete and should be revoked.
165
This Order appoints the date for coming into operation of the main provisions of the Finance Act, 1994 relating to use of tax stamps for excise duty purposes on cigarette packages and for particular provisions relating to the same system (Part II ch. I, ss. 67-77). S. 67 concerns definitions, ss. 68-75 amend 32/1977, since repealed. S. 76 amends Finance Act 1939 (18/1939) although para. (b) inserts two definitions which refer to 32/1977, repealed. S. 77 concerns commencement of that chapter. Revenue consider that this order is obsolete as the provisions of the Finance Act 1994 have been replaced by current legislation. However, the SI appears to remain in effect in relation to s. 76, and should be revoked.
166
This SI commenced Finance Act 1994 (13/1994), s. 89 (relating to betting duty), since repealed by Finance Act 2005 (5/2005), s. 80 and sch. 3. It is therefore obsolete and should be revoked.
167
This Order appoints the date for coming into operation of the main provisions of the Finance Act, 1994 relating to use of tax stamps for excise purposes on tobacco products, are made available to tobacco products other than cigarettes (Part II ch. I, ss. 67-77). S. 67 concerns definitions, ss. 68-75 amend 32/1977, since repealed. S. 76 amends Finance Act 1939 (18/1939) with reference to cigarettes only, and para. (b) inserts two definitions which refer to 32/1977, repealed. S. 77 concerns commencement of this chapter. Revenue consider that this order is obsolete as the provisions of the Finance Act 1994 have been replaced by current legislation. As the SI relates to tobacco products other than cigarettes, the commencement of s. 76 (which deals with cigarettes only) is not relevant to this SI. It is therefore obsolete and should be revoked.
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► 35.18. Value-Added Tax
► 35.19. Wealth Tax
Finance |
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25/1975 |
► 35.20. Designated Investment Funds
Finance |
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16/1985 |
► 35.21. Disclosure of Information and Waiver of Certain Tax Interest and Penalties
Finance |
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24/1993 |
Finance |
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25/1996 |
► 35.22. Mining Profits
Finance |
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8/1956 |
► 35.23. Care and Management of Taxes
► 35.23.1. Revenue Commissioners
Finance |
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10/2011 |
181
Section 101 of 2011 Act provides for the independence of Revenue Commissioners. See also the reference in s. 101 to the Revenue Commissioners Order 1923 (Executive Council Order (ECO) No. 2 of 1923), made under s. 7 of the Adaptation of Enactments Act 1922 (2/1922), which provided for the establishment of the Revenue Commissioners, their number and manner of appointment.
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► 35.23.2. Provisional Collection of Taxes after Budget
Finance |
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7/1927 |
Finance |
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15/1969 |
182
Finance Act, 1974 (Section 85) (Commencement) Order 1974, S.I. No. 312 of 1974 commenced Finance Act 1974 (27/1974), s. 85 which amended several provisions of this Act. This SI appears to remain in force. Its parent Act (27/1974), along with most Finance Acts, is not listed separately.
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► 35.24. Tax Appeals
Finance | 59/2015 | |
Finance | 39/2019 | |