FINANCIAL

RESOLUTIONS



FINANCIAL RESOLUTION No. 1

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INCOME TAX

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     (1) THAT Chapter 4 of Part 12 of the Taxes Consolidation Act, 1997 (No. 39 of 1997) be amended by inserting the following after section 409C:

"Restriction of reliefs where individuals are not actively participating in certain trades.

409D. ― (1) In this section―

'active trader', in relation to a trade, means an individual who works for the greater part of his or her time on the day-to-day management or conduct of the trade;

 

'specified provisions' means sections 305 and 381;

 

'specified trade' means a trade of or including the generation or supply of electricity;

 

'relevant year of assessment' means the year of assessment 2002 or any subsequent year during which the individual carried on at any time a specified trade otherwise than as an active trader.

 

  (2) Where, in the case of an individual who carries on a specified trade otherwise than as an active trader, an amount may apart from this section be given or allowed under any of the specified provisions―

 

(a)     in respect of a loss sustained by the individual in the specified trade in a relevant year of assessment, including a loss which is computed taking account of interest laid out or expended by the individual in respect of a loan where the proceeds of the loan were used to incur expenditure on machinery or plant used for the purposes of the specified trade, or

 

(b)     as an allowance to be made to the individual for a relevant year of assessment either in taxing the specified trade or by means of discharge or repayment of tax to which he or she is entitled by reason of the individual carrying on the specified trade,

 

then, notwithstanding any other provision of the Tax Acts, such an amount may be given or allowed only against income  from the specified trade and shall not be allowed in computing any other income or profits or in taxing any other trade or in charging any other income to tax.

 

  (3) This section shall apply as respects―

 

(a)     an allowance under Part 9 in respect of machinery or plant to be made for the year of assessment 2002 and subsequent years, and

 

(b)     any loss sustained in a trade in the year of assessment 2002 and subsequent years.".

   (2)  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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INCOME TAX

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  (1) THAT, as respects the year of assessment 2002 and subsequent years of assessment, Part 30 of the Taxes Consolidation Act, 1997 (No. 39 of 1997) be amended by inserting, in Chapter 4, the following after section 790―

"Limit on relief under this Part.

  790A.―Notwithstanding anything in this Part, for the purposes of giving relief to an individual under–

 

(a)     Chapter 1 of this Part in respect of an employee's contribution to a retirement benefits scheme,

 

(b)     Chapter 2 of this Part in respect of a qualifying premium under an annuity contract, and

 

(c)     Chapter 2A of this Part in respect of  a PRSA contribution,

 

the aggregate of the  amounts of the individual's―

 

(i)      remuneration (if any) within the meaning of  that Chapter 1,

 

(ii)                net relevant earnings (if any) within the meaning of  that Chapter 2, and

(iii)               net relevant earnings (if any) within the meaning of that Chapter 2A,

   
 

shall not exceed €254,000, but this section shall not apply in respect of any such employee's contribution, qualifying premium or PRSA contribution made before 4 December 2002.".

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


FINANCIAL RESOLUTION No. 3

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INCOME TAX

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    (1) THAT, as respects the year of assessment 2003 and any subsequent year of assessment, section 244(1)(a) of the Taxes Consolidation Act, 1997 (No. 39 of 1997), shall be amended by substituting, in the definition of "relievable interest" ―

(a)     "7 years" for "5 years",

(b)     "€8,000" for "€6,350", and

(c)     "€4,000" for "€3,175".

   (2) THAT paragraph (1) of this Resolution shall not apply to an individual for whom the fifth year of assessment for which he or she had an entitlement to relief under section 244 of the Taxes Consolidation Act, 1997 in respect of a qualifying loan (within the meaning of that section) was prior to the year of assessment 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. 4

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STAMP DUTIES

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  (1) THAT in this Resolution __

"Principal Act" means the Stamp Duties Consolidation Act, 1999;

"Commissioners" means the Revenue Commissioners;

"Schedule 1" means Schedule 1 to the Principal Act.

  (2) THAT __

(a)    subparagraph (a) of paragraph (4) of this Resolution shall have effect with respect to bills of exchange (other than cheques) and promissory notes drawn on or after 1 January 2003 and with respect to cheques drawn on or after 5 December 2002,

(b)    subject to paragraph (3) of this Resolution, subparagraphs (b) and (c) of paragraph (4) of this Resolution shall have effect as respects instruments executed on or after 4 December 2002,

(c)    subparagraph (a) of paragraph (5) of this Resolution shall have effect as respects cash cards and combined cards valid at any time after 4 December 2002 which are included in any statement which falls to be delivered by a promoter under section 123 of the Principal Act after that date,

(d)    subparagraph (b) of paragraph (5) of this Resolution shall have effect as respects any statement which falls to be delivered by a promoter under section 123A of the Principal Act on or after 5 December 2002, and

(e)    subparagraph (c) of paragraph (5) of this Resolution shall have effect as respects any statement which falls to be delivered by a bank or a promoter under section 124 of the Principal Act on or after 5 December 2002.

  (3) Paragraph (2)(b) of this Resolution shall not apply to subparagraphs (b) and (c) of paragraph (4) as respects any instrument executed before 1 March 2003, where __

(a)    the effect of the application of paragraph (2)(b) would be to increase the duty otherwise chargeable on the instrument, and

(b)    the instrument contains a statement in such form as the Commissioners may specify, certifying that the instrument was executed solely in pursuance of a binding contract entered into prior to 4 December 2002.

  (4) THAT Schedule 1 is amended __

(a)    in the Heading 'BILL OF EXCHANGE or PROMISSORY NOTE' by substituting €0.15 for €0.08 in each place where it occurs,

(b)    by substituting the paragraphs set out in Part 1 of the Schedule to this Resolution for paragraphs (7) to (14) of the Heading 'CONVEYANCE or TRANSFER on sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance', and

(c)    by substituting the subparagraph set out in Part 2 of the Schedule to this Resolution for subparagraph (b) of paragraph (3) of the Heading 'LEASE'.

  (5) Part 9 of the Principal Act is amended __

(a)    in section 123:

(i)      in subsection (1) —

(I)     by substituting the following for the definitions of card account and cash card:

" 'card account' means an account maintained by a promoter to which amounts of cash obtained by a person by means of a cash card are charged or to which amounts in respect of goods, services or cash obtained by a person by means of a combined card are charged;

'cash card' means a card, not being a combined card, issued by a promoter to a person having an address in the State by means of which cash may be obtained by the person from an automated teller machine;",

  and

(II)     by inserting the following definition after the definition of cash card:

" 'combined card' means a cash card which also contains the functions of a debit card within the meaning assigned to it by section 123A;",

(ii)    in subsections (2) and (11)(c) by substituting "cash cards and combined cards" for "cash cards",

(iii)      in subsections (3)(a), (3)(b) and (9) by substituting "cash card or combined  card" for "cash card",

(iv)    in subsection (3) by substituting the following for paragraph (c):

      "(c) if the cash card is a replacement for a cash card, or a combined card is a replacement for a combined card, which is already included in the relevant statement,", and

(v)    by substituting the following for subsection (4):

"(4) There shall be charged on every statement delivered in pursuance of subsection (2) a stamp duty at the rate of €10 in respect of each cash card and €20 in respect of each combined card included in the number of cash cards and combined cards shown in the statement.",

                  (b)  by inserting the following section after section 123:

                          "123A.__ (1) In this section ___

                        'accounting period' has the same meaning as it has for the purposes of section 27 of the Taxes Consolidation Act, 1997;

                        'bank' means a person who holds a licence granted by the Central Bank of Ireland under section 9 of the Central Bank Act, 1971;

                        'building society' means a building society which stands incorporated, or deemed by section 124(2) of the Building Societies Act, 1989, to be incorporated, under that Act and includes a company registered under section 106 of that Act;

                        'card account' means an account maintained by a promoter to which, amongst other possible amounts, amounts in respect of goods, services or cash obtained by a person by means of a debit card, within the meaning of this section, are charged;

                        'debit card' means a card, not being a combined card within the meaning assigned to it by section 123, issued by a promoter to a person having an address in the State by means of which goods, services or cash may be obtained by the person and amounts in respect of the goods, services or cash may be charged to the card account;

                        'due date' means —

(a)    in case of the year 2002, the date of the end of the accounting period ending in the year 2002, where that date is on or after 5 December 2002, and

(b)    in the case of the year 2003 and each subsequent year, the date of the end of the accounting period ending in that year;

                        'promoter' means a bank or a building society.

                              (2) A promoter shall, within 2 months of the due date falling in the year 2002 and, within 1 month of the due date falling in the year 2003 and each subsequent year, deliver to the Commissioners a statement in writing showing the number of debit cards issued at any time by the promoter and which are valid —

(a)    in the case of the year 2002, at any time during the period from 5 December 2002 to the due date,

(b)    in the case of the year 2003, at any time during the accounting period ending in that year but not before 5 December 2002 where that date falls within the accounting period, and

(c)    in the case of the year 2004 and each subsequent year, at any time during the accounting period ending in that year.

                             (3) Notwithstanding subsection (2) ___

(a)    if the debit card is not used at any time during any period referred to in paragraph (a), (b) or (c) of subsection (2),

(b)    if the debit card is issued in respect of a card account ____

(i)      which is a deposit account, and

(ii)    the average of the daily positive balances in the account does not exceed €12.70 in any of the periods referred to in paragraph (a), (b) or (c) of subsection (2), or

(c)    if the debit card is a replacement for a debit card which is already included in the relevant statement,

                            then it shall not be included in the statement relating to such period.

                         (4)  There shall be charged on every statement delivered in pursuance of subsection (2) a stamp duty at the rate of €10 in respect of each debit card included in the number of cards shown in the statement.

  (5) The duty charged by subsection (4) on a statement delivered by a promoter pursuant to subsection (2) shall be paid by the promoter on delivery of the statement.

  (6) There shall be furnished to the Commissioners by a promoter such particulars as the Commissioners may deem necessary in relation to any statement required by this section to be delivered by the promoter.

  (7) In the case of failure by a promoter to deliver any statement required by subsection (2) within the time provided for in that subsection or of failure to pay the duty chargeable on any such statement on the delivery of the statement, the promoter shall be liable to pay, by means of penalty, in addition to the duty, interest on the duty at the rate of 0.0322 per cent for each day or part of a day from the date to which the statement relates (in this subsection referred to as the 'due date') to the date on which the duty is paid and also, by means of further penalty, a sum of €380 for each day the duty remains unpaid after the expiration of one month from the due date and each penalty shall be recoverable in the same manner as if the penalty were part of the duty.

  (8) The delivery of any statement required by subsection (2) may be enforced by the Commissioners under section 47 of the Succession Duty Act, 1853, in all respects as if such statement were such account as is mentioned in that section and the failure to deliver such statement were such default as is mentioned in that section.

  (9) A promoter shall be entitled to charge to the card account the amount of stamp duty payable in respect of the debit card by virtue of this section and may apply the terms and conditions governing that account to interest on that amount. 

  (10) An account, charge card, company charge card or supplementary card within the meaning, in each case, assigned to it by section 124 and which attracts the payment of the stamp duty payable by virtue of that section shall not attract the payment of the stamp duty payable by virtue of this section.

  (11) Where a promoter changes its accounting period and, as a result, stamp duty under this section would not be chargeable or payable in a year (in this section referred to as 'the relevant year'), then the following provisions shall apply:

(a)    duty shall be chargeable and payable in the relevant year as if the accounting period had not been changed,

(b)    duty shall also be chargeable and payable within one month of the date of the end of the accounting period ending in the relevant year, and

(c)    the duty chargeable and payable by virtue of paragraph (b) shall, subject to subsection (3), be chargeable and payable in respect of debit cards issued at any time by the promoter and which are valid at any time during the period from the due date as determined by paragraph (a) to the due date as determined by paragraph (b).", and

      (c) in section 124 ___

(i)      in subsection (1)(c) and in subsection (2)(d)(ii), by substituting "€40" for "€19", and

(ii)    in subsection (2)(c), by substituting "€20" for "€9.50".

  (6) 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

STAMP DUTY ON INSTRUMENTS

Part 1

Conveyance or Transfer on Sale of any property other than stocks or marketable securities or a policy of insurance or a policy of life insurance

"(7) Where the amount or value of the consideration for the sale which is attributable to property which is not residential property does not exceed €10,000  and the instrument contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)    partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds  €10,000:

 

for the consideration which is attributable to property which is not residential property …   …   …  …   …   …   …  

Exempt

 (8)  Where paragraph (7) does not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €20,000  and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)    partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds  €20,000  … …  …   …    …  

1 per cent of the consideration which is attributable to  property which is not residential  property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(9)  Where paragraphs (7) and (8) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €30,000 and the instrument contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)    partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds  €30,000  … …  …   …    …   …

2 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(10)  Where paragraphs (7) to (9) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €40,000  and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)    partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds  €40,000  … …  …   …    …   …

3 per cent of the consideration

which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(11)  Where paragraphs (7) to (10) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €70,000  and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)   wholly attributable to property which is not residential property, or

(b)   partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds €70,000 …  …   …  …   …   …

4 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(12)  Where paragraphs (7) to (11) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €80,000 and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)  partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds €80,000 …  …  …  …   …   …

5 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(13)  Where paragraphs (7) to (12) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €100,000 and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)  partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds €100,000 …  …  …  …   …   …

6 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(14)  Where paragraphs (7) to (13) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €120,000 and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)  partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds €120,000 …  …  …  …   …   …

7 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(14A)  Where paragraphs (7) to (14) do not apply and the amount or value  of the consideration for the sale which is attributable to property which is not residential property does not exceed €150,000 and the instrument  contains a statement certifying that the consideration for the sale is, as the case may be—

(a)    wholly attributable to property which is not residential property, or

(b)  partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration which is attributable to property which is not residential property exceeds €150,000 …  …  …  …   …   …

8 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(14B)  Where paragraphs (7) to (14A) do not apply and the amount or value of the consideration for the sale is wholly

or  partly attributable to property which is not residential property   …   …   …   …  

9 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.".

Part 2

Lease

"(b)   where the consideration,  or any part of the consideration (other than rent), moving either to the lessor or to any other person, consists of any money, stock or security, and—

     (i)  the amount or value of such consideration which is attributable to property which is not residential property does not exceed €10,000  and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not residential  property, or

(II)              partly attributable to residential property,

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration  (other than rent) which is attributable to property which is not residential property exceeds  €10,000:

 

for the consideration which is attributable to property which is not residential property   …   …   …   … 

Exempt.

 (ii)  the amount or value  of  such consideration which is attributable to property which is not residential property does not exceed €20,000  and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not residential property, or

(II)              partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds  €20,000 and clause (i) does not apply … …  …   …   

1 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(iii)  the amount or value  of such consideration which is attributable to property which is not residential property does not exceed €30,000  and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not residential property, or

(II)              partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds  €30,000 and clauses (i) and (ii) do not apply …   …   …

2 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(iv)  the amount or value  of such consideration which is attributable to property which is not residential property does not exceed  €40,000 and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not residential property, or

(II)              partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds  €40,000 and clauses (i) to (iii) do not apply …  …   …   …

3 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(v)   the amount or value  of such consideration which is attributable to property which is not residential property does not exceed €70,000  and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                     wholly attributable to property which is not residential property, or

(II)                   partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds €70,000 and clauses (i) to (iv) do not apply …  …  … 

4 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(vi)  the amount or value  of such  consideration which is attributable to property which is not residential property does not exceed €80,000 and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not residential property, or

(II)              partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds €80,000  and clauses (i) to (v) do not apply …  …  … 

5 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(vii)   the amount or value  of such consideration which is attributable to property which is not residential property does not exceed €100,000 and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not  residential property, or

(II)              partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds €100,000  and clauses (i) to (vi) do not apply …  …  …   …   ..

6 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(viii)   the amount or value  of such consideration which is attributable to property which is not residential property does not exceed €120,000 and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                 wholly attributable to property which is not residential property, or

(II)              partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds €120,000  and clauses (i) to (vii) do not apply … …   …   …

7 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(ix)  the amount or value of such  consideration which is attributable to property which is not residential property does not exceed €150,000 and the lease contains a statement certifying that the consideration for the lease is, as the case may be—

(I)                  wholly attributable to property which is not residential property, or

(II)                partly attributable to residential property,

 

and that the transaction effected by that instrument does not form part of a larger transaction or of a series of transactions in respect of which the amount or value, or the aggregate amount or value, of the consideration (other than rent) which is attributable to property which is not residential property exceeds €150,000 and clauses (i) to (viii) do not apply …  

8 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.

(x)   the amount or value  of such consideration is wholly or partly attributable to property which is not residential property  and clauses (i) to (ix) do not apply …   …   …   …   …   ..

9 per cent of the consideration which is attributable to  property which is not residential property but where the calculation results in an amount which is not a multiple of €1 the amount so calculated shall be rounded down to the nearest €.".


FINANCIAL RESOLUTION No. 5

_________________

EXCISE

_________________

Tobacco Products

_________________

    (1)   THAT in this Resolution -

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

"Act of 2002" means the Finance Act, 2002 (No. 5 of 2002);

"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) and by section 94 of the Act of 2002.

   (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 Part 2 of Schedule 4 to the Act of 2002, be charged, levied and paid, as on and from 5 December 2002 at the several rates specified in the Schedule 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

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    ...  …   ...

€124.94 per thousand together with an amount equal to 18.46 per cent of the price at which the cigarettes are sold by retail

€185.701 per kilogram

€156.704 per kilogram

€128.832 per kilogram


FINANCIAL RESOLUTION No. 6

___________________________

EXCISE

____________________________

Spirits

____________________________

(1)       THAT in this Resolution "alcohol" means pure ethyl alcohol.

(2)   THAT the duty of excise on spirits imposed by paragraph 4 (2) of the Imposition of Duties (No. 221) (Excise Duties) Order 1975 (S.I. No. 307 of 1975) shall, in lieu of the rates specified in the Second Schedule to the Finance Act, 1996 (No. 9 of 1996) as amended by section 240 of, and Part 3 of Schedule 5 to, the Finance Act, 2001 (No. 7 of 2001), be charged, levied and paid, as on and from 5 December 2002, at the rate of  €39.25 per litre of alcohol in the spirits.

(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. 7

__________________

EXCISE

__________________

Mineral Oils

__________________

(1) THAT for the purposes of the tax charged by virtue of section 95 of the Finance Act, 1999 (No. 2 of 1999), that Act is amended, with effect as on and from 5 December 2002, by substituting the following for Schedule 2 to that Act, as amended by section 89 of the Finance Act, 2002 (No. 5 of 2002):


"SCHEDULE 2

Rates of Mineral Oil Tax

Description of Mineral Oil

Rate of Duty

Light Oil:

Leaded petrol

Unleaded petrol

Super unleaded petrol

Aviation gasoline

Heavy Oil:

Used as a propellant with a maximum sulphur content of 50 milligrammes per kilogramme

Other heavy oil used as a propellant

Kerosene used other than as a propellant

Fuel oil

Other heavy oil

Liquefied Petroleum Gas:

Used as a propellant

Other liquefied petroleum gas

Substitute Fuel:

Used as a propellant

Other substitute fuel

€511.72 per 1,000 litres
€401.36 per 1,000 litres
€506.47 per 1,000 litres
€255.86 per 1,000 litres
 

€326.73 per 1,000 litres

€379.12 per 1,000 litres

€31.74 per 1,000 litres

€13.45 per 1,000 litres

€47.36 per 1,000 litres

€53.01 per 1,000 litres

€18.15 per 1,000 litres

€326.73 per 1,000 litres

€47.36 per 1,000 litres


".

(2) 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. 8

__________

EXCISE

_________

Vehicle Registration Tax

__________

(1)  THAT as respects vehicle registration tax charged,  levied and paid as on and from 1 January 2003, paragraphs (a) and (aa) (inserted by the Finance Act, 1999 (No. 2 of 1999)) of section 132 (3) of the Finance Act, 1992 (No. 9 of 1992), be amended by substituting  "1,900 cubic centimetres" for "2,000 cubic centimetres".

(2)  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. 9

____________________

EXCISE

____________________

Vehicle Registration Tax

____________________

(1)      THAT as respects the remission or repayment of vehicle registration tax payable or  paid on certain hybrid vehicles as provided for by subsection (1) of section 135C of the Finance Act, 1992 (inserted by section 168 of the Finance Act, 2001) is amended by substituting "31 December 2004" for "31 December 2002".

(2)   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. 10

_________________

VALUE-ADDED TAX

_________________

(1)     THAT the rate of value-added tax on the supply of certain goods and services at present chargeable at the rate of 12.5 per cent be increased to 13.5 per cent of the amount on which tax is chargeable in relation to the supply of such good 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 (d) "13.5 per cent" for "12.5 per cent" (inserted by the Finance Act, 1992).

(2)     THAT this Resolution shall have effect as on and from 1 January 2003.

(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. 11

_________________

GENERAL

_______________

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.