FINANCIAL RESOLUTIONS

FINANCIAL RESOLUTION No. 1

LIFE ASSURANCE – TAXATION OF POLICYHOLDERS


(1) THAT Chapter 5 of Part 26 of the Taxes Consolidation Act, 1997 (No. 39 of 1997), shall as respects –

(a)     the happening of a chargeable event in relation to a life policy (within the meaning of that Chapter), or

(b)     the receipt by any person of a payment in respect of a foreign life policy (within the meaning of Chapter 6 of that Part) or the disposal in whole or in part of a foreign life policy (within that meaning),

on or after 26 September 2001 be amended by inserting the following after section 730B:

 

Personal portfolio life policy.

   730BA.- (1) In this section -

‘building society’ has the same meaning as in section 256;

‘foreign life policy’ has the same meaning as in section 730H;

‘internal linked fund’, in relation to an assurance company, means a fund maintained by the assurance company to which fund the assurance company appropriates certain linked assets and which fund may be subdivided into subdivisions the value of each of which is determined by the assurance company by reference to the value of such linked assets;

‘investment undertaking’ has the same meaning as in section 739B;

‘land’ includes an interest in land and also includes shares deriving their value or the greater part of their value directly or indirectly from land other than shares quoted on a recognised stock exchange;

‘linked asset’, in relation to an assurance company, means an asset of the assurance company which is identified in the records of the assurance company as an asset by reference to the value of which asset the benefits provided for under a life policy are to be determined;

‘policyholder’ has the same meaning as it has for the purposes of section 730E;

‘prices’ index’ means –

     (a) the all items consumer price index compiled by the Central Statistics Office,

     (b) any general index of prices corresponding to such consumer price index and duly published by or on behalf of any state other than the State, or

     (c) any published index of prices of shares listed on a recognised stock exchange;

‘public’ means individuals generally, companies generally, or a combination of these, as the case may be;

‘units’ has the same meaning as in section 739B.

 

 (2) In this Chapter and in Chapter 6 of this Part, ‘personal portfolio life policy’ means, subject to subsection (4), a life policy or a foreign life policy, as the case may be, under whose terms-

(a)  (i) some or all of the benefits conferred by the policy are or were determined by reference to the value of, or the income from, property of any description (whether or not specified in the policy), or 

      (ii) some or all of the benefits conferred by the policy are or were determined by reference to fluctuations in, or fluctuations in an index of, the value of property of any description (whether or not specified in the policy),


and  

(b) some or all of the property or the index may be or was selected by or the selection of some or all of the property or index may be or was influenced by–

  (i) the policyholder,

  (ii) a person acting on behalf of the policyholder,

  (iii) a person connected (within the meaning of section 10) with the policyholder,

  (iv) a person connected (within that meaning) with a person acting on behalf of the policyholder,

  (v) the policyholder and a person connected (within that meaning) with the policyholder, or

  (vi) a person acting on behalf of both the policyholder and a person connected (within that meaning) with the policyholder.

 

 (3) For the purposes of paragraph (b) of subsection (2) and without prejudice to the application of that provision, the terms of a life policy or a foreign life policy shall be treated as permitting the selection referred to in that paragraph where-

(a) the terms of the policy or any other agreement between any person referred to in that paragraph and the assurance company concerned –

  (i) allow the exercise of an option by any person referred to in that paragraph to make the selection referred to in that paragraph,

  (ii) give the assurance company discretion to offer any person referred to in that paragraph the right to make the selection referred to in that paragraph, or

  (iii) allow any of the persons referred to in that paragraph the right to request, subject to the agreement of the assurance company, a change in the terms of the policy such that the selection referred to in that paragraph may be made by any of those persons,

or

 (b) the policyholder is unable under the terms of the policy to select any of the property so as to determine the benefits under the policy, but any of the persons referred to in that paragraph has or had the option of requiring the assurance company to appoint an investment advisor (no matter how such a person is described) in relation to the selection of the property which is to determine the benefits under the policy. 

      

  (4) A life policy or a foreign life policy is not a personal portfolio life policy if –

(a)  (i)  the only property which may be or has been selected is –

  (I) property which the assurance company concerned has appropriated to an internal linked fund, 

  (II)  property consisting of any of the following-

  (A)  units in an investment undertaking, or

  (B) cash, including cash deposited in a bank account or similar account (including cash deposited in a share account with a building society) except where the acquisition of the cash was made wholly or partly for the purpose of realising a gain from the disposal of the cash, or

(III) property consisting of a combination of the property specified in clauses (I) and (II),

  and the property satisfies the condition specified in subsection (5), or

    (ii) the only index which may be or has been selected is of a description specified in subsection (6),

     and

(b) as respects a life policy or a foreign life policy commenced on or after 5 December 2001 (other than a policy in respect of which the only property which may be selected is property described in paragraph (a)(i)(II)(B) or a policy in respect of which  marketing or other promotional literature was published before that date) the terms under which the policy is offered meet the requirements of subsection (7).

  

(5) The condition specified in this subsection is that at the time when the property is or was available to be selected the opportunity to select –

(a) in the case of land, that property, and

(b) in any other case, property of the same description as the first-mentioned property,

is or was available to the public on terms which provide or provided that the opportunity to select the property is or was available to any person falling within the terms of the opportunity and that opportunity is or was clearly identified to the public, in marketing or other promotional literature published at that time by the assurance company concerned, as available generally to any person falling within the terms of the opportunity.

(6) The description of index specified by this subsection is an index   consisting of a prices’ index or a  combination of prices’ indices where  at the time the index is or was available to be selected the opportunity to select the same index is or was available to the public on terms which provide or provided that the opportunity to select the index is or was available to any person falling within the terms of the opportunity and that opportunity is or was clearly identified to the public, in marketing or other promotional literature published at that time by the assurance company concerned, as available generally to any person falling within the terms of the opportunity.

 

(7) The requirements of this subsection are that –

(a) the assurance company concerned does not subject any person to any treatment in connection with the opportunity which is different or more burdensome than any treatment to which any other person is or may be subject, and

(b) where the terms of the opportunity referred to in subsection (5) include terms –

(i) which set out the capital requirement of the opportunity and this requirement is identified to the public in the marketing or other promotional material published by the assurance company at the time the property is available to be selected, and

(ii) indicating that 50 per cent or more by value of the property referred to in that subsection is or is to be land, 

the amount any one person may invest in the policy shall not represent more than 1 per cent of the capital requirement (exclusive of any borrowings) of the opportunity as so identified.”

 

(2) THAT section 730F of the Taxes Consolidation Act, 1997, shall as respects the happening of a chargeable event in relation to a life policy (within the meaning of  Chapter 5 of Part 26) on or after 26 September 2001 be amended-

(a) by substituting the following for paragraphs (a) and (b) of subsection (1):

“(a) subject to paragraph (b), where the chargeable event falls on or after 1 January 2001, at a rate determined by the formula-

           where S is the standard rate per cent (within the meaning of section 4),

(b) where in the case of a personal portfolio life policy the chargeable event falls on or after 26 September 2001, at a rate determined by the formula-

           where S is the standard rate per cent (within the meaning of section 4), and

(c) where the chargeable event falls on or before 31 December 2000, at a rate of 40 per cent.”,

and

(b)  by inserting the following after subsection (3)

 

 (4) Where in the period commencing on 26 September 2001 and ending on 5 December 2001 in connection with a chargeable event in relation to a personal portfolio life policy-

(a) an assurance company which is entitled to deduct an amount equal to the appropriate tax in accordance with subsection (3)(a)(i), or to appropriate and realise sufficient assets to meet the amount of appropriate tax for which the assurance company is liable to account for in accordance with subsection (3)(a)(ii), and

(b) the assurance company fails to deduct an amount equal to the  appropriate tax due or fails to appropriate and realise sufficient assets to account for the amount of appropriate tax due,

then, for the purposes of regulating the time and manner in which any appropriate tax which has not been accounted for or paid shall be accounted for and paid section 730FA shall apply to the exclusion of section 730G (apart from subsection (7)) and section 730GA.”

 

(3) THAT the Taxes Consolidation Act, 1997, be amended as respects the happening of a chargeable event in relation to a life policy (within the meaning of Chapter 5 of Part 26 of that Act) on or after 26 September 2001 by inserting the following after section 730F:

 

“Assessment of appropriate tax where tax not deducted under section 730F.
730FA.- (1) Where section 730F(4)(b) applies then, notwithstanding any other provision of the Tax Acts or the Capital Gains Tax Acts, this section shall apply for the purposes of regulating the time and manner in which any appropriate tax which remains to be accounted for and paid in connection with a chargeable event, which happened in the period commencing on 26 September 2001 and ending on 5 December 2001, in relation to a personal portfolio life policy shall be assessed, accounted for and paid.

(2) An assurance company shall for each personal portfolio life policy in respect of which it has not –

(a) deducted an amount equal to the amount of appropriate tax for which the assurance company is liable to account  in accordance with subsection (3)(a)(i) of section 730F, or

(b) appropriated and realised sufficient assets to meet the amount of appropriate tax for which the assurance company is liable to account in accordance with subsection (3)(a)(ii) of section 730F,

make and deliver to the inspector to whom it is customary for the assurance company to make a return under section 951 a return on or before 31 December 2001 containing in each case -

(i) the name, address and, if appropriate, the registered office, of the policyholder,

(ii) the amount of the gain arising on the happening of the chargeable event in relation to the policy, including details of all amounts referred to in subsections (3) and (4) of section 730D which are relevant to the determination of the gain arising on the chargeable event in question,

(iii) the amount actually deducted in accordance with section 730F(3)(a)(i) or the amount actually realised in accordance with section 730F(3)(a)(ii),

(iv) the method of payment of the benefits under the policy, 

(v) if payment was made to a person other than the policyholder, details of the name and address of that person, and

(vi) details of the property which is a linked asset in relation to the personal portfolio life policy.

(3) An assurance company which fails to deliver, within the time specified in subsection (2), the return referred to in that subsection or which fails to deliver such a return which is correct may, in addition to any penalty to which it may be liable, be made liable for the payment of any appropriate tax due in respect of a personal portfolio life policy to which that subsection applies which remains unpaid. An inspector may make an assessment on the assurance company to the best of his or her judgement of the appropriate tax so unpaid.

(4) Where in connection with a chargeable event in relation to a personal portfolio life policy an assurance company –

(a) fails to deduct an amount equal to the appropriate tax which should have been deducted in accordance with subsection (3)(a)(i) of section 730F, or

(b) fails to appropriate and realise sufficient assets to meet the full amount of appropriate tax for which the assurance company is liable to account for in accordance with subsection (3)(a)(ii) of section 730F,

then the policyholder or the person to whom the payment referred to in subsection (2) was made shall be liable for the payment of any appropriate tax due in relation to a personal portfolio life policy to which that subsection applies which remains unpaid. An inspector may make an assessment on the policyholder or the person concerned to the best of his or her judgement of the appropriate tax so unpaid.

(5) Where an inspector makes an assessment under subsection (3) or (4) it shall not be necessary to set out in the notice of assessment any particulars other than particulars as to the amount of appropriate tax to be paid by the assurance company or the policyholder, as appropriate.

 

(6)(a) An inspector may at any time amend or further amend an assessment made on a person under subsection (3) or (4) by making such alterations in or additions to the assessment as he or she considers necessary and the inspector shall give notice to the person of the assessment so amended or so further amended.

(b) After the end of the period of 6 years starting from 31 December 2001, no assessment shall be made under subsection (3) or (4) or no assessment made under either of those subsections shall be amended or further amended. 

(7) For the purposes of making an assessment under subsection (3) or (4) or for the purposes of amending or further amending such an assessment an inspector may make such enquiries or take such action within his or her powers as he or she considers necessary –

(a)  to satisfy himself or herself as to the accuracy or otherwise of the return referred to in subsection (2), or

(b) where no such return is made or an incorrect return is made, for the purposes of ascertaining the information which should have been included in such a return.

(8) Appropriate tax specified in an assessment made under subsection (3) or (4) or in an amended assessment made under subsection (6) shall be due and payable within one month after the issue of the notice of assessment or the amended assessment, as appropriate, subject to any appeal against the assessment.”.

(4) THAT Chapter 6 of Part 26 of the Taxes Consolidation Act, 1997, shall, as respects the receipt by any person of a payment in respect of a foreign life policy (within the meaning of that Chapter) or the disposal in whole or in part of a foreign life policy (within that meaning) on or after 26 September 2001 be amended- 

(a) in section 730J by substituting the following for paragraph (a):

“(a) where the person is not a company, and-

(i) income represented by the payment is correctly included in a return made by the person, then, notwithstanding section 15, the rate of income tax to be charged on the income shall be-

(I) where the payment is a relevant payment, the standard rate (within the meaning of section 3) of income tax in force at the time of the payment, and

(II) where the payment is not a relevant payment and is not made in consideration of the disposal, in whole or in part, of the foreign life policy -

(A) in the case of a foreign life policy which is a personal portfolio life policy, at the rate determined by the formula-

where S is the standard rate per cent for the year of assessment in which the payment is made, and

(B) in any other case, at the rate determined by the formula –

where S is the standard rate per cent for the year of assessment in which the payment is made,

and

(ii) where the income represented by the payment is not correctly included in a return made by the person, the income shall be charged to income tax-

(I) in the case of a foreign life policy which is a personal portfolio life policy, at the rate determined by the formula-

where H is a rate per cent determined in relation to the person by section 15 for the year of assessment in which the payment is made, and

(II) in any other case, at a rate determined in relation to the person by section 15 for the year of assessment in which the payment is made,” 

and

(b) in section 730K by substituting the following for the formula in subsection (1):

“(a) in the case of a foreign life policy which is a personal portfolio life policy, at the rate determined by the formula-

where S is the standard rate per cent for the year of assessment in which the payment is made, and

(b) in any other case, at the rate determined by the formula-

where S is the standard rate per cent for the year of assessment in which the payment is made,”,

 

(5) THAT the Taxes Consolidation Act, 1997, be amended as on and from 5 December 2001 in section 904C(1) by substituting the following for the definition of “return”:

“’return’ means a return under section 730FA or section 730G;”.

(6) THAT the Taxes Consolidation Act, 1997, be amended as on and from 5 December 2001 in Schedule 29, column 1, by inserting “section 730FA(2)” before “section 730G(2)”.

(7) IT is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).


FINANCIAL RESOLUTION No. 2

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EXCISE

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Mineral Oils

_________________

(1) THAT in this Resolution-

“Act of 1999” means the Finance Act, 1999 (No. 2 of 1999);

“tax” means mineral oil tax imposed by section 95 of the Act of 1999.

(2) THAT for the purposes of the tax charged by virtue of section 95 of the Act of 1999, that Act is amended –

with effect as on and from 6 December 2001, by substituting the following for Schedule 2 to that Act:

“SCHEDULE 2
RATES OF MINERAL OIL TAX

Description of Mineral Oil Rate of Duty
   
Light Oil:  
Leaded Petrol £403.02 per 1,000 litres
Unleaded Petrol £316.10 per 1,000 litres
Super Unleaded Petrol £398.88 per 1,000 litres
Aviation Gasoline £201.51 per 1,000 litres
Heavy Oil:  
Used as a propellant £237.80 per 1,000 litres
Kerosene used other than as a propellant £25.00 per 1,000 litres
Fuel oil £10.60 per 1,000 litres
Other heavy oil £37.30 per 1,000 litres
   Used as a propellant £41.75 per 1,000 litres
Other liquefied petroleum gas £14.30 per 1,000 litres
Substitute Fuel:  
Used as a propellant £237.80 per 1,000 litres
Other substitute fuel £37.30 per 1,000 litres

“SCHEDULE 2
RATES OF MINERAL OIL TAX
(with effect as on and from 1 January 2002)

Description of Mineral Oil Rate of Duty
Light Oil:  
Leaded petrol €511.72 per 1,000 litres
Unleaded petrol €401.36 per 1,000 litres
Super unleaded petrol €506.47 per 1,000 litres
Aviation gasoline €255.86 per 1,000 litres
Heavy Oil:  
Used as a propellant €301.94 per 1,000 litres
Kerosene used other than as a propellant €31.74 per 1,000 litres
Fuel oil €13.45 per 1,000 litres
Other heavy oil €47.36 per 1,000 litres
Liquefied Petroleum Gas:  
Used as a propellant €53.01 per 1,000 litres
Other liquefied petroleum gas €18.15 per 1,000 litres
Substitute Fuel:  
Used as a propellant €301.94 per 1,000 litres
Other substitute fuel €47.36 per 1,000 litres

“SCHEDULE 2
RATES OF MINERAL OIL TAX
(with effect as on and from 1 March 2002)

Description of Mineral Oil Rate of Duty
   
Light Oil:  
Leaded petrol €511.72 per 1,000 litres
Unleaded petrol €401.36 per 1,000 litres
Super unleaded petrol €506.47 per 1,000 litres
Aviation gasoline €255.86 per 1,000 litres
   
Heavy Oil:  
Used as a propellant with a maximum  
sulphur content of 50 milligrammes per  
kilogramme €301.94 per 1,000 litres
Other heavy oil used as a propellant €354.33 per 1,000 litres
Kerosene used other than as a propellant €31.74 per 1,000 litres
Fuel oil €13.45 per 1,000 litres
Other heavy oil €47.36 per 1,000 litres
   
Liquefied Petroleum Gas:  
Used as a propellant €53.01 per 1,000 litres
Other liquefied petroleum gas €18.15 per 1,000 litres
   
Substitute Fuel:  
Used as a propellant €301.94 per 1,000 litres
Other substitute fuel €47.36 per 1,000 litres
   

(3) It is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).

FINANCIAL RESOLUTION No. 3

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EXCISE

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Tobacco Products

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(1)   THAT in this Resolution -

“Act of 1977” means the Finance (Excise Duty on Tobacco Products) Act, 1977 (No. 32 of 1977);

“cigarettes”, “cigars”, “fine-cut tobacco for the rolling of cigarettes” and “smoking tobacco” have the same meanings as they have in the Act of 1977, as amended by section 86 of the Finance Act, 1997 (No. 22 of 1997).

(2)   THAT the duty of excise on tobacco products imposed by section 2 of the Act of 1977, shall, in lieu of the several rates specified in Schedule 4 to the Finance Act, 2001 (No. 7 of 2001), be charged, levied and paid –

(a)  as on and from 6 December 2001, at the several rates specified in Schedule 1 to this Resolution, and

(b)  as on and from 1 January 2002, at the several rates specified in Schedule 2 to this Resolution.

(3)   IT is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).

 

SCHEDULE 1

RATES OF EXCISE DUTY ON TOBACCO PRODUCTS

Description of Product
Rate of Duty

Cigarettes   ...        ...         ...          ...

Cigars       ...         ...         ...           ...

Fine-cut tobacco for the rolling of cigarettes

Other smoking tobacco    ...           ...

£85.21 per thousand together with an amount equal to 18.73 per cent of the price at which the cigarettes are sold by retail

£129.242 per kilogram

£109.061 per kilogram

£89.663 per kilogram

SCHEDULE 2

RATES OF EXCISE DUTY ON TOBACCO PRODUCTS

Description of Product
Rate of Duty

Cigarettes   ...        ...         ...          ...

Cigars       ...         ...         ...           ...


Fine-cut tobacco for the rolling of cigarettes  

Other smoking tobacco    ...           ...

€108.19 per thousand together with an amount equal to 18.73 per cent of the price at which the cigarettes are sold by retail

€164.103 per kilogram

€138.478 per kilogram

€113.848 per kilogram


FINANCIAL RESOLUTION No. 4

___________________________

EXCISE

___________________________

Cider and Perry

___________________________

(1)   THAT in this Resolution “% vol” means the number of volumes of pure alcohol contained at a temperature of 20°C in 100 volumes of the product at that temperature.

(2)   THAT the duty of excise on cider and perry imposed by paragraph 8 (2) of the Imposition of Duties (No. 221) (Excise Duties) Order, 1975 (S.I. No. 307 of 1975), shall, in lieu of the several rates specified in the Fourth Schedule to the Finance Act, 1994 (No. 13 of 1994), be charged, levied and paid -

      (a)  as on and from 6 December 2001, at the several rates specified in Schedule 1 to this Resolution, and 

      (b)  as on and from 1 January 2002, at the several rates specified in Schedule 2 to this Resolution.

(3)   IT is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).

SCHEDULE 1

RATES OF EXCISE DUTY ON CIDER AND PERRY

Description of Cider and Perry

Rate of Duty

Still and Sparkling :

Of an alcoholic strength not exceeding 6% vol   …   …   ...

Of an alcoholic strength exceeding 6% vol but not exceeding 8.5% vol   …   …   …   …   …  

Still :

Of an alcoholic strength exceeding 8.5% vol but not exceeding 15% vol   …   …   …  

Of an alcoholic strength exceeding 15% vol   …   …   …  

Sparkling :

Of an alcoholic strength exceeding 8.5% vol   …   ...   ...

£65.57 per hectolitre

 

£151.59 per hectolitre

 


£215.01 per hectolitre

 

£311.97 per hectolitre

430.02 per hectolitre

SCHEDULE 2

RATES OF EXCISE DUTY ON CIDER AND PERRY

Description of Cider and Perry

Rate of Duty

Still and Sparkling :

Of an alcoholic strength not exceeding 6% vol   ...    ...    ...

Of an alcoholic strength exceeding 6% vol but not exceeding 8.5% vol   ...   ...   ...   ...   ...

Still :

Of an alcoholic strength exceeding 8.5% vol but not exceeding 15% vol   ...   ...   ...   ...

Of an alcoholic strength exceeding 15% vol   ...   ...   ...   ...

Sparkling :

Of an alcoholic strength exceeding 8.5% vol   ...   ...   ...   ...

 

€83.25 per hectolitre

€192.47 per hectolitre

 

 

€273.00 per hectolitre

 

€396.12 per hectolitre

€546.01 per hectolitre

FINANCIAL RESOLUTION No. 5

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VALUE-ADDED TAX

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 (1)     THAT the rate of value-added tax on the supply of certain goods and services at present chargeable at the rate of 20 per cent be increased to 21 per cent of the amount on which tax is chargeable in relation to the supply of such goods and services, and that, accordingly, subsection (1) (inserted by the Finance Act, 1992 (No. 9 of 1992)) of section 11 of the Value-Added Tax Act, 1972 (No. 22 of 1972), be amended by substituting in paragraph (a)  “21 per cent” for “20 per cent” (inserted by the Finance Act, 2001 (No. 7 of 2001)).

(2)      THAT this Resolution shall have effect as on and from 1 March 2002.

(3)      IT is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act, 1927 (No. 7 of 1927).


FINANCIAL RESOLUTION No. 6

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GENERAL

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THAT it is expedient to amend the law relating to inland revenue (including value-added tax and excise) and to make further provision in connection with finance.