Section 86 introduces a new Part 18E and a new Schedule 36 in the TCA 1997 to legislate for a Defective Concrete Products Levy. The intention of the levy is to raise revenue to contribute towards the funding of the Defective Concrete Blocks Grant Scheme which was introduced by the Minister for Housing, Local Government and Heritage.
The legislation applies a levy on the first supply of a defined list of certain concrete products calculated at 5 per cent of the open market
value of the products. The concrete products within the scope of the levy are concrete that is ready to pour and those concrete products which are required to comply with the Harmonised European Standard as referenced in the Official Journal of the European Union (or any adopted national version of such Harmonised European Standard) listed in column 1 of Schedule 36 and which are described in column 2 of Schedule 36.
A person in the State making the first supply of a concrete product is a chargeable person in respect of the levy and is accountable for and liable to pay the levy and to make returns to the Revenue Commissioners. A first supply for the purpose of the levy includes, for example, sales and transfers of concrete products in the course of business carried on in the State, the assignment of concrete products to a business, and the disposal of a concrete product free of charge.
The legislation requires chargeable persons to register with the Revenue Commissioners for the levy, prior to their first supply of a concrete product after the commencement of the legislation.
Chargeable persons is required to file returns electronically with the Revenue Commissioners declaring their liability to the levy, and to pay those amounts to the Collector General. Interest is chargeable on late payments to the Revenue Commissioners and a chargeable person is liable for a penalty for the non-operation of the levy. Amended returns may also be filed where an error was discovered on the original return. Where an overpayment of the levy was made by a chargeable person, the legislation provides that the Revenue Commissioners may make a refund.
Chargeable persons are required to retain all books and records and linking documents used in ascertaining the basis for their liability for the levy and a chargeable person is liable for a penalty where books and records are not adequately maintained.
The levy will operate on a self-assessment basis and the legislation includes provisions for the making and amending of assessments, the making of enquiries, and for the right of appeal. The legislation also applies existing provisions available to the Revenue Commissioners around tackling non-compliance with this levy.
The levy is being placed under the care and management of the Revenue Commissioners and the levy will come into effect from 1 September 2023.