Various Credits

Table of Contents

TAXES CONSOLIDATION ACT

Part 2 The Charge to Tax (ss. 12-31)

Chapter 1 Income tax (ss. 12-20)

12.

The charge to income tax.

Income tax shall, subject to the Income Tax Acts, be charged in respect of all property, profits or gains respectively described or comprised in the Schedules contained in the sections enumerated below –

Schedule C – Section 17;

Schedule D – Section 18;

Schedule E – Section 19;

Schedule F – Section 20;

and in accordance with the provisions of the Income Tax Acts applicable to those Schedules.

13.

Extension of charge to income tax to profits and income derived from activities carried on and employments exercised on the Continental Shelf.

(1)In this section and in Schedule 1 –

“designated area” has the same meaning as it has in the Maritime Jurisdiction Act 2021;

“exploration or exploitation activities” means activities carried on in connection with the exploration or exploitation of so much of the sea bed and subsoil and their natural resources as is situated in the State or in a designated area;

“exploration or exploitation rights” means rights to assets to be produced by exploration or exploitation activities or to interests in or to the benefit of such assets.

(2)Any profits or gains from exploration or exploitation activities carried on in a designated area or from exploration or exploitation rights shall be treated for income tax purposes as profits or gains from activities or property in the State.

(3)Any profits or gains arising to any person not resident in the State from exploration or exploitation activities carried on in the State or in a designated area or from exploration or exploitation rights shall be treated for income tax purposes as profits or gains of a trade carried on by that person in the State through a branch or agency.

(4)Where exploration or exploitation activities are carried on by a person on behalf of the holder of a licence or lease granted under the Petroleum and Other Minerals Development Act, 1960, such holder shall, for the purpose of an assessment to income tax, be deemed to be the agent of that person.

(5)Any emoluments from an office or employment in respect of duties performed in a designated area in connection with exploration or exploitation activities shall be treated for income tax purposes as emoluments in respect of duties performed in the State.

(6)Schedule 1 shall apply for the purpose of supplementing this section.

14.

Fractions of a pound and yearly assessments.

(1)The due proportion of income tax shall be charged for every fractional part of one euro, but no income tax shall be charged on a lower denomination than one cent.

(2)Every assessment and charge to income tax shall be made for a year of assessment.

15.

Rate of charge.

(1)Subject to subsection (2), income tax shall be charged for each year of assessment at the rate of tax specified in the Table to this section as the standard rate.

(2)Where a person who is charged to income tax for any year of assessment is an individual (other than an individual acting in a fiduciary or representative capacity), such individual shall, notwithstanding anything in the Income Tax Acts but subject to section 16(2), be charged to tax on such individual’s taxable income –

(a)in a case in which such individual is assessed to tax otherwise than in accordance with section 1017 or 1031C and is not an individual referred to in paragraph (b), at the rates specified in Part 1 of the Table to this section, or

(b)in a case in which the individual is assessed to tax otherwise than in accordance with section 1017 or 1031C and is entitled to a reduction of tax provided for in section 462B, at the rates specified in Part 2 of the Table to this section, or

(c)subject to subsections (3) and (5), in a case in which such individual is assessed to tax in accordance with section 1017 or 1031C, at the rates specified in Part 3 of the Table to this section,

and the rates in each Part of that Table shall be known respectively by the description specified in column (3) in each such Part opposite the mention of the rate or rates, as the case may be, in column (2) of that Part.

(3)Subject to subsections (4) and (5) –

(a)where an individual is charged to tax for a year of assessment in accordance with section 1017 or 1031C, and

(b)both the individual and his or her spouse or civil partner are each in receipt of income in respect of which the individual is chargeable to tax in accordance with that section,

the part of his or her taxable income chargeable to tax at the standard rate specified in column (1) of Part 3 of the Table to this section shall be increased by an amount which is the lesser of –

(i)€33,000, and

(ii)the specified income of the individual or the specified income of the individual’s spouse, whichever is the lesser.

(4)For the purposes of subsection (3), “specified income” means total income after deducting from such income any deduction attributable to a specific source of income and any relevant interest within the meaning of Chapter 4 of Part 8.

(5)Where all or any part of an increase under subsection (3) in the amount of an individual’s taxable income chargeable to income tax at the standard rate is attributable to emoluments from which tax is deductible in accordance with the provisions of Chapter 4 of Part 42 and any regulations made thereunder, then, the full amount of the increase, or that part of the increase, as may be appropriate in the circumstances, shall only be used in accordance with the provisions of that Chapter and those regulations in calculating the amount of tax to be deducted from those emoluments.

Table

PART 1

Part of taxable income

(1)

Rate of tax

(2)

Description of rate

(3)

The first €42,000

20 per cent

the standard rate

The remainder

40 per cent

the higher rate

PART 2

Part of taxable income

(1)

Rate of tax

(2)

Description of rate

(3)

The first €46,000

20 per cent

the standard rate

The remainder

40 per cent

the higher rate

PART 3

Part of taxable income

(1)

Rate of tax

(2)

Description of rate

(3)

The first €51,000

20 per cent

the standard rate

The remainder

40 per cent

the higher rate

16.

Income tax charged by deduction.

(1)In estimating under the Income Tax Acts the total income of any person, any income chargeable with tax by means of deduction at the standard rate in force for any year shall be deemed to be income of that year, and any deductions allowable on account of sums payable under deduction of tax at the standard rate in force for any year out of the property or profits of that person shall be allowed as deductions in respect of that year, notwithstanding that the income or sums, as the case may be, accrued or will accrue in whole or in part before or after that year.

(2)Where a person is required to be assessed and charged with tax in respect of any property, profits or gains out of which such person makes any payment in respect of any annual interest, annuity or other annual sum, or any royalty or other sum in respect of the user of a patent, such person shall, in respect of so much of the property, profits or gains as is equal to that payment and may be deducted in computing such person’s total income, be charged at the standard rate only.

17.

Schedule C.

(1)The Schedule referred to as Schedule C is as follows:

Schedule C

1.Tax under this Schedule shall be charged in respect of all profits arising from public revenue dividends payable in the State in any year of assessment.

2.Where a banker or any other person in the State, by means of coupons received from another person or otherwise on that other person’s behalf, obtains payment of any foreign public revenue dividends, tax under this Schedule shall be charged in respect of the dividends.

3.Where a banker in the State sells or otherwise realises coupons for any foreign public revenue dividends and pays over the proceeds of such realisation to or carries such proceeds to the account of any person, tax under this Schedule shall be charged in respect of the proceeds of the realisation.

4.Where a dealer in coupons in the State purchases coupons for any foreign public revenue dividends otherwise than from a banker or another dealer in coupons, tax under this Schedule shall be charged in respect of the price paid on the purchase.

5.Nothing in paragraph 1 shall apply to any annuities which are not of a public nature.

6.The tax under this Schedule shall be charged for every one euro of the annual amount of the profits, dividends, proceeds of realisation or price paid on purchase charged.

(2)Section 32 shall apply for the interpretation of Schedule C.

(3)Subsection (1) shall not apply to a banker by virtue only of the clearing of a cheque, or the arranging for the clearing of a cheque, by the banker.

18.

Schedule D.

(1)The Schedule referred to as Schedule D is as follows:

Schedule D

1.Tax under this Schedule shall be charged in respect of –

(a)the annual profits or gains arising or accruing to –

(i)any person residing in the State from any kind of property whatever, whether situate in the State or elsewhere,

(ii)any person residing in the State from any trade, profession, or employment, whether carried on in the State or elsewhere,

(iii)any person, whether a citizen of Ireland or not, although not resident in the State, from any property whatever in the State, or from any trade, profession or employment exercised in the State, and

(iv)any person, whether a citizen of Ireland or not, although not resident in the State, from the sale of any goods, wares or merchandise manufactured or partly manufactured by such person in the State,

and

(b)all interest of money, annuities and other annual profits or gains not charged under Schedule C or Schedule E, and not specially exempted from tax,

in each case for every one euro of the annual amount of the profits or gains.

2.Profits or gains arising or accruing to any person from an office, employment or pension shall not by virtue of paragraph 1 be chargeable to tax under this Schedule unless they are chargeable to tax under Case III of this Schedule.

(2)Tax under Schedule D shall be charged under the following Cases:

Case I

– Tax in respect of –

(a)any trade;

(b)profits or gains arising out of lands, tenements and hereditaments in the case of any of the following concerns –

(i)quarries of stone, slate, limestone or chalk, or quarries or pits of sand, gravel or clay,

(ii)mines of coal, tin, lead, copper, pyrites, iron and other mines, and

(iii)ironworks, gasworks, salt springs or works, alum mines or works, waterworks, streams of water, canals, inland navigations, docks, drains or levels, fishings, rights of markets and fairs, tolls, railways and other ways, bridges, ferries and other concerns of the like nature having profits from or arising out of any lands, tenements or hereditaments;

Case II

– Tax in respect of any profession not contained in any other Schedule;

Case III

– Tax in respect of –

(a)any interest of money, whether yearly or otherwise, or any annuity, or other annual payment, whether such payment is payable in or outside the State, either as a charge on any property of the person paying the same by virtue of any deed or will or otherwise, or as a reservation out of it, or as a personal debt or obligation by virtue of any contract, or whether the same is received and payable half-yearly or at any shorter or more distant periods, but not including any payment chargeable under Case V of Schedule D;

(b)all discounts;

(c)profits on securities bearing interest payable out of the public revenue other than those charged under Schedule C;

(d)interest on any securities issued, or deemed within the meaning of section 36 to be issued, under the authority of the Minister for Finance, in cases where such interest is paid without deduction of tax;

(e)income arising from securities outside the State except such income as is charged under Schedule C;

(f)income arising from possessions outside the State except, in the case of income from an office or employment (including any amount which would be chargeable to tax in respect of any sum received or benefit derived from the office or employment if the profits or gains from the office or employment were chargeable to tax under Schedule E), so much of that income as is attributable to the performance in the State of the duties of that office or employment;

Case IV

– Tax in respect of any annual profits or gains not within any other Case of Schedule D and not charged by virtue of any other Schedule;

Case V – Tax in respect of any rent in respect of any premises or any receipts in respect of any easement;

and subject to and in accordance with the provisions of the Income Tax Acts applicable to those Cases respectively.

(3)This section is without prejudice to any other provision of the Income Tax Acts directing tax to be charged under Schedule D or under one or other of the Cases mentioned in subsection (2), and tax so directed to be charged shall be charged accordingly.

19.

Schedule E.

(1)The Schedule referred to as Schedule E is as follows:

Schedule E

1.In this Schedule, “annuity” and “pension” include respectively an annuity which is paid voluntarily or is capable of being discontinued and a pension which is so paid or is so capable.

2.Tax under this Schedule shall be charged in respect of every public office or employment of profit, and in respect of every annuity, pension or stipend payable out of the public revenue of the State, other than annuities charged under Schedule C, for every one euro of the annual amount thereof.

3.Tax under this Schedule shall also be charged in respect of any office, employment or pension the profits or gains arising or accruing from which would be chargeable to tax under Schedule D but for paragraph 2 of that Schedule.

4.Paragraphs 1 to 3 are without prejudice to any other provision of the Income Tax Acts directing tax to be charged under this Schedule, and tax so directed to be charged shall be charged accordingly.

5.Subsection (2) and sections 114, 115 and 925 shall apply in relation to the tax to be charged under this Schedule.

(2)Tax under Schedule E shall be paid in respect of all public offices and employments of profit in the State or by the officers respectively described below –

(a)offices belonging to either House of the Oireachtas;

(b)offices belonging to any court in the State;

(c)public offices under the State;

(d)officers of the Defence Forces;

(e)offices or employments of profit under any ecclesiastical body;

(f)offices or employments of profit under any company or society, whether corporate or not corporate;

(g)offices or employments of profit under any public institution, or on any public foundation of whatever nature, or for whatever purpose established;

(h)offices or employments of profit under any public corporation or local authority, or under any trustees or guardians of any public funds, tolls or duties;

(i)all other public offices or employments of profit of a public nature.

20.

Schedule F.

(1)The Schedule referred to as Schedule F is as follows:

Schedule F

1.In this Schedule, “distribution” has the meaning assigned to it by Chapter 2 of Part 6 and sections 436, 436A, 437, 816(2)(b) and 817.

2.Income tax under this Schedule shall be chargeable for any year of assessment in respect of all dividends and other distributions in that year of a company resident in the State which are not specially excluded from income tax and, for the purposes of income tax, all such distributions shall be regarded as income however they are to be dealt with in the hands of the recipient.

3.[deleted]

(2)No distribution chargeable under Schedule F shall be chargeable under any other provision of the Income Tax Acts.

Part 15

Personal Allowances and Reliefs and Certain Other Income Tax and Corporation Tax Reliefs (ss. 458-487)

Chapter 1

Personal allowances and reliefs (ss. 458-480C)

458.

Deductions allowed in ascertaining taxable income and provisions relating to reductions in tax.

(1)An individual who, in the manner prescribed by the Income Tax Acts, makes a claim in that behalf and, subject to subsection (1B), makes a return in the prescribed form of the individual’s total income shall be entitled –

(a)for the purpose of ascertaining the amount of the income on which he or she is to be charged to income tax (in the Income Tax Acts referred to as “the taxable income”) to have such deductions as are specified in the provisions referred to in Part 1 of the Table to this section, but subject to those provisions, made from the individual’s total income, and

(b)to have the income tax to be charged on the individual reduced by such tax credits and other reductions as are specified in the provisions referred to in Part 2 of that Table, but subject to subsection (1A) and those provisions.

(1A)Where an individual is entitled to a tax credit specified in a provision referred to in Part 2 of the Table to this section, the income tax to be charged on the individual for the year of assessment, other than in accordance with section 16(2), shall be reduced by the lesser of –

(a)the amount of the tax credit, or

(b)the amount which reduces that income tax to nil.

(1B)The requirement in subsection (1) to make a return in the prescribed form of the individual’s total income shall not apply, except where the Revenue Commissioners otherwise direct, where the claim falls to be taken into account –

(a)in the making of deductions or repayments of tax under Chapter 4 of Part 42 and the regulations made under that Chapter, or

(b)except in the case of a chargeable person (within the meaning of Part 41A), in relation to a repayment of tax deducted under that Chapter and those regulations.

(2)Subsections (3) and (4) of section 459 and paragraph 8 of Schedule 28 shall apply for the purposes of claims for –

(a)any such deductions from total income as are specified in the provisions referred to in Part 1 of the Table to this section, and

(b)any such tax credits or reductions in tax as are specified in the provisions referred to in Part 2 of the Table to this section.

Table

Part 1

Section 372AR

Section 372AAB

Section 467

Section 469

Section 471

Section 472A

Section 472B

Section 479

Section 481

Section 485F

Section 502

Section 507

Paragraphs 12 and 20 of Schedule 32

Part 2

Section 244

Section 461

Section 461A

Section 462B

Section 463

Section 464

Section 465

Section 466

Section 466A

Section 468

Section 470

Section 470A

section 470B

Section 472

Section 472AB

Section 472BB

Section 472BA

Section 472C

Section 473

Section 473A

Section 473B

Section 473C

Section 476

Section 477

Section 478

Section 478A

Section 480C

459.

General provisions relating to allowances, deductions and reliefs.

(1)A claimant shall not be entitled to an allowance, deduction or relief under the provisions specified in the Table to section 458 in respect of any income the tax on which the claimant is entitled to charge against any other person, or to deduct, retain or satisfy out of any payment which the claimant is liable to make to any other person.

(2)Except where otherwise provided, any allowance, deduction or relief under the provisions specified in the Table to section 458 shall be given either by discharge or reduction of the assessment, or by repayment of the excess which has been paid, or by all of those means, as the case may require.

(3)Any claim shall be accompanied by a declaration and statement in the prescribed form signed by the claimant setting out –

(a)all the particular sources from which the claimant’s income arises and the particular amount arising from each source,

(b)all particulars of any yearly interest or other annual payments reserved or charged on the claimant’s income, whereby the claimant’s income is or may be diminished, and

(c)all particulars of sums which the claimant has charged or may be entitled to charge on account of tax against any other person, or which the claimant has deducted, or may be entitled to deduct, out of any payment to which the claimant is or may be liable.

(4)

(a)The claim shall be made and proved in accordance with the powers and provisions under which tax under Schedule D is ascertained and charged.

(b)Where a claimant is not in the State, an affidavit stating the particulars required by the Income Tax Acts, and taken before any person who has authority to administer in the place where the claimant resides an oath with regard to any matter relating to the public revenue of the State, may be received by the Revenue Commissioners.

(c)Where satisfactory proof is given that a claimant is unable to attend in person, a claim on the claimant’s behalf may be made by any guardian, trustee, attorney, agent or factor acting for the claimant.

(d)Where a person is assessable on behalf of any other person, such person may make a claim on behalf of that other person.

(5)Subsections (3) and (4) shall not apply, except where the Revenue Commissioners otherwise direct, in relation to a claim which falls to be taken into account –

(a)in the making of deductions or repayments of tax under Chapter 4 of Part 42 and the regulations made under that Chapter, or

(b)except in the case of a chargeable person (within the meaning of Part 41A), in relation to a repayment of tax deducted under that Chapter and those regulations.

(6)Where, on the basis of the information furnished to them under section 894A(2) or any other information in their possession, the Revenue Commissioners are satisfied as to the title of an individual to relief under any of the provisions specified in the Table to section 458 or under section 188 then, notwithstanding any other provision of the Income Tax Acts to the contrary, if the Revenue Commissioners consider it appropriate in the circumstances, the relief due may be given to the individual without the making of and proving of a claim for that relief.

460.

Rate of tax at which repayments are to be made.

(1)Subject to subsections (2) and (3), any repayment of income tax for any year of assessment to which any person may be entitled in respect of any allowance, deduction, relief or reduction under the provisions specified in the Table to section 458 shall, except where otherwise provided by the Income Tax Acts, be made at the standard rate of tax or at the higher rate, as the case may be.

(2)In the case of any person who proves as regards any year that, by reason of the allowances, deductions or reliefs to which that person is entitled, he or she has no taxable income for that year, any repayment to be made shall be a repayment of the whole amount of the tax paid by him or her, whether by deduction or otherwise, in respect of his or her income for that year.

(3)In relation to repayments of tax, the amount of tax to be repaid under this section to any person for any year shall not exceed a sum equal to the difference between the amount of tax paid by that person, whether by deduction or otherwise, in respect of his or her income for that year and the amount of tax which would be payable by him or her for that year if his or her total income had been charged to tax in accordance with the Income Tax Acts.

461.

Basic personal tax credit.

In relation to any year of assessment, an individual shall be entitled to a tax credit (to be known as the ‘basic personal tax credit’) of –

(a)€3,750, in a case in which the claimant is a married person or a civil partner who –

(i)is assessed to tax for the year of assessment in accordance with section 1017 or 1031C, as the case may be, or

(ii)proves that his or her spouse or civil partner is not living with him or her but is wholly or mainly maintained by him or her for the year of assessment and that the claimant is not entitled, in computing his or her income for tax purposes for that year, to make any deduction in respect of the sums paid by him or her for the maintenance of his or her spouse or civil partner,

(b)€3,750, in a case in which the claimant in the year of assessment is a widowed person or surviving civil partner, other than a person to whom paragraph (a) applies, whose spouse or civil partner has died in the year of assessment, and

(c)€1,875, in the case of any other claimant.

461A. Additional standard rated allowance for certain widowed persons.
A widowed person or surviving civil partner, other than a person to whom paragraph (a) or (b) of section 461, or to whom section 462B, applies, shall, in addition to the basic personal tax credit referred to in section 461(c), be entitled to a tax credit (to be known as the ‘widowed person tax credit’) of €540.

462.

One-parent family tax credit.

(1)

(a)In this section, ”qualifying child”, in relation to any claimant and year of assessment, means –

(i)a child –

(I)born in the year of assessment,

(II)who, at the commencement of the year of assessment, is under the age of 18 years, or

(III)who, if over the age of 18 years at the commencement of the year of assessment –

(A)is receiving full-time instruction at any university, college, school or other educational establishment, or

(B)is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and had become so permanently incapacitated before he or she had attained the age of 21 years or had become so permanently incapacitated after attaining the age of 21 years but while he or she had been in receipt of such full-time instruction,

and

(ii)a child who is a child of the claimant or, not being such a child, is in the custody of the claimant and is maintained by the claimant at the claimant’s own expense for the whole or part of the year of assessment.

(b)This section shall apply to an individual who is not entitled to a basic personal tax credit mentioned in paragraph (a) or paragraph (b) of section 461.

(2)Subject to subsection (3), where a claimant, being an individual to whom this section applies, proves for a year of assessment that a qualifying child is resident with the claimant for the whole or part of the year, the claimant shall be entitled to a tax credit (to be known as the “one-parent family tax credit”) of €1,650, but this section shall not apply for any year of assessment –

(a)in the case of a husband or a wife where the wife is living with her husband,

(b)in the case of civil partners who are not living separately in circumstances where reconciliation is unlikely, or

(c)in the case of cohabitants.

(3)A claimant shall be entitled to only one tax credit under subsection (2) for any year of assessment irrespective of the number of qualifying children resident with the claimant in that year.

(4)

(a)The references in subsection (1)(a) to a child receiving full-time instruction at an educational establishment shall include references to a child undergoing training by any person (in this subsection referred to as ‘the employer’) for any trade or profession in such circumstances that the child is required to devote the whole of his or her time to the training for a period of not less than 2 years.

(b)For the purpose of a claim in respect of a child undergoing training, the inspector may require the employer to furnish particulars with respect to the training of the child in such form as may be prescribed by the Revenue Commissioners.

(5)Where any question arises as to whether any person is entitled to a tax credit under this section in respect of a child over the age of 18 years as being a child who is receiving full-time instruction referred to in this section, the Revenue Commissioners may consult the Minister for Education and Science.

(6)This section shall cease to apply for the year of assessment 2014 and subsequent years of assessment.

462A. Additional allowance for widowed parents and other single parents.
Deleted from 6 April 2000
(1)

(a)For the purposes of this section, ”’qualifying child”, in relation to a claimant and a year of assessment, has the same meaning as in section 462, and the question of whether a child is a qualifying child shall be determined on the same basis as it would be for the purposes of section 462, and subsections (4), (5)(b) and (6) of that section shall apply accordingly.

(b)This section shall apply to an individual other than an individual referred to in paragraph (a) of the definition of ”specified amount” in section 461(1).

(2)Subject to subsection (3), where a claimant, being an individual to whom this section applies, proves for a year of assessment that a qualifying child is resident with him or her for the whole or part of the year, the claimant shall be entitled –

(a)if he or she is a widowed person, to a deduction of £2,650, or

(b)if he or she is an individual other than a widowed person, to a deduction of £3,150,

but this section shall not apply for any year of assessment in the case of a husband or a wife where the husband and wife are living together, or in the case of a man and woman living together as man and wife.

(3)A claimant shall be entitled to only one deduction under subsection (2) for any year of assessment irrespective of the number of qualifying children resident with the claimant in that year.

(4)No deduction shall be allowed under this section for any year of assessment in respect of any child who is entitled in his or her own right to an income exceeding £1,770 in that year except that, if the amount of the excess is less than the deduction which would be allowable apart from this subsection, a deduction reduced by that amount shall be allowed.

462B.

Single person child carer credit.

(1)

(a)In this section-

‘order’, in relation to a child, means an order made by the court under section 11 of the Guardianship of Infants Act 1964 granting custody of the child to the child’s father and mother jointly;

‘qualifying child’ in relation to any primary claimant and year of assessment means a child-

(i)who is born in the year of assessment,

(ii)who, at the commencement of the year of assessment, is under the age of 18 years, or

(iii)who, if over the age of 18 years at the commencement of the year of assessment –

(I)is receiving full-time instruction at any university, college, school or other educational establishment, or

(II)is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and had become so permanently incapacitated before he or she had attained the age of 21 years or had become so permanently incapacitated after attaining the age of 21 years but while he or she had been in receipt of such full-time instruction,and who-

(A)is a child of the primary claimant, or

(B)not being such a child is in the custody of the primary claimant, and is maintained by the primary claimant at the primary claimant’s own expense for the whole or the greater part of the year of assessment or, in respect of a child born in the year of assessment, for the greater part of the period remaining in that year of assessment from the date of birth of that child.

(b)This section shall apply to an individual who is not entitled to a basic personal credit referred to in paragraph (a) or (b) of section 461.

(c)This section shall not apply for any year of assessment-

(i)in the case of either party to a marriage unless-

(I)the parties are separated under an order of a court of competent jurisdiction or by deed of separation, or

(II)they are in fact separated in such circumstances that the separation is likely to be permanent,

(ii)in the case of either civil partner in a civil partnership unless the civil partners are living separately in circumstances where reconciliation is unlikely, or

(iii)in the case of cohabitants.

(2)

(a)This paragraph applies to an individual (in this section referred to as the ‘primary claimant’), being an individual to whom this section applies, who proves for a year of assessment that a qualifying child is resident with him or her for the whole or the greater part of that year of assessment or, in respect of a child born in that year of assessment, for the greater part of the period remaining in that year of assessment from the date of birth of that child, provided that where a child is the subject of an order and the child resides with each parent for an equal part of the year of assessment, this paragraph shall apply to whichever of the parents referred to in that order is the recipient of the child benefit payment made under Part 4 of the Social Welfare Consolidation Act 2005.

(b)This paragraph applies to an individual (in this section referred to as the ‘secondary claimant’), being an individual to whom this section applies, who proves for a year of assessment that a qualifying child of a primary claimant is resident with him or her for a period of, or periods that in aggregate amount to, not less than 100 days.

(3)Subject to subsection (5), an individual to whom subsection (2)(a) applies, shall be entitled to a tax credit (in this section referred to as a ‘single person child carer credit’) of €1,750.

(4)Subject to subsection (5), and notwithstanding subsection (3), where for any year of assessment a primary claimant would be entitled to a single person child carer credit but for the fact that he or she has, in the form specified by the Revenue Commissioners, relinquished his or her claim to that credit, a secondary claimant shall be entitled to claim a single person child carer credit in respect of the qualifying child concerned.

(5)A claimant under this section shall be entitled to only one single person child carer credit for any year of assessment irrespective of the number of qualifying children resident with the claimant in that year.

(6)

(7)Where any question arises as to whether any person is entitled to a single person child carer credit in respect of a child over the age of 18 years as being a child who is receiving full-time instruction referred to in this section, the Revenue Commissioners may consult the Minister for Education and Skills.

(8)For the purposes of this section a child shall be treated as resident with an individual for any day where the child so resides for the greater part of that day.

463.

Widowed parent tax credit.

(1)In this section –

”claimant” means an individual whose spouse or civil partner dies in a year of assessment;

”qualifying child”, in relation to a claimant and a year of assessment, has the same meaning as in section 462B, and the question of whether a child is a qualifying child shall be determined on the same basis as it would be for the purposes of section 462B, and subsections (5), (6) and (7) of that section shall apply accordingly.

(2)Where a claimant proves, in relation to any of the 5 years of assessment immediately following the year of assessment in which the claimant’s spouse or civil partner dies, that –

(a)he or she has not married, remarried, or entered into a civil partnership or a new civil partnership, before the commencement of the year, and

(b)a qualifying child is resident with him or her for the whole or part of the year,

the claimant shall, in respect of each of the years in relation to which the claimant so proves, be entitled to a tax credit (to be known as ‘the widowed person, or surviving civil partner,with dependent child tax credit’) as follows –

(i)for the first of those 5 years, €3,600,

(ii)for the second of those 5 years, €3,150,

(iii)for the third of those 5 years, €2,700,

(iv)for the fourth of those 5 years, €2,250, and

(v)for the fifth of those 5 years, €1,800,

but this section shall not apply for any year of assessment in the case of cohabitants.

464.

Age tax credit.

Where for any year of assessment an individual is entitled to a basic personal tax credit under section 461 and proves that at any time during that year of assessment –

(a)the individual,

(b)in the case of a married person whose spouse is living with him or her and who is assessed to tax in accordance with section 1017, either the individual or the individual’s spouse, or

(c)in the case of a civil partner whose civil partner is living with him or her and who is assessed to tax in accordance with section 1031C, either the individual or the individual’s civil partner,

was of the age of 65 years or over, the individual shall, in addition to the tax credit to which the individual is entitled under section 461 for that year of assessment, be entitled to an additional tax credit (to be known as the ‘age tax credit’) of –

(i)in a case where the individual is a married person whose spouse is living with him or her and who is assessed to tax in accordance with section 1017, or a civil partner whose civil partner is living with him or her and who is assessed to tax in accordance with section 1031C, €490, and

(ii)in any other case, €245.

465.

Incapacitated child tax credit.

(1)Where a claimant proves that he or she has living at any time during a year of assessment any child who –

(a)is under the age of 18 years and is permanently incapacitated by reason of mental or physical infirmity, or

(b)if over the age of 18 years at the commencement of the year, is permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself and had become so permanently incapacitated before he or she had attained the age of 21 years or had become so permanently incapacitated after attaining the age of 21 years but while he or she had been in receipt of full-time instruction at any university, college, school or other educational establishment,

the claimant shall, subject to this section, be entitled in respect of each such child to a tax credit (to be known as the ‘incapacitated child tax credit’) of €3,500.

(2)

(a)A child under the age of 18 years shall be regarded as permanently incapacitated by reason of mental or physical infirmity only if the infirmity is such that there would be a reasonable expectation that if the child were over the age of 18 years the child would be incapacitated from maintaining himself or herself.

(b)A tax credit under this section shall be in substitution for and not in addition to any tax credit to which the individual might be entitled in respect of the same child under section 466.

(3)Where the claimant proves for the year of assessment –

(a)that the claimant has the custody of and maintains at his or her own expense any child who, but for the fact that that child is not a child of the claimant, would be a child referred to in subsection (1), and

(b)that neither the claimant nor any other individual is entitled to a tax credit in respect of the same child under subsection (1) or under any other provision of this Part (other than section 466A), or, if any other individual is entitled to such a tax credit, that such other individual has relinquished his or her claim to that tax credit, the claimant shall be entitled to the same tax credit in respect of the child as if the child were a child of the claimant.

(4)

(a)The reference in subsection (1) to a child receiving full-time instruction at an educational establishment shall include a reference to a child undergoing training by any person (in this subsection referred to as ‘the employer’) for any trade or profession in such circumstances that the child is required to devote the whole of his or her time to the training for a period of not less than 2 years.

(5)Where any question arises as to whether any person is entitled to a tax credit under this section in respect of a child over the age of 21 years as being a child who had become permanently incapacitated by reason of mental or physical infirmity from maintaining himself or herself after attaining that age but while in receipt of full-time instruction referred to in this section, the Revenue Commissioners may consult the Minister for Education and Science.

(6)Where for any year of assessment 2 or more individuals are or would but for this subsection be entitled under this section to relief in respect of the same child, the following provisions shall apply:

(a)only one tax credit under this section shall be allowed in respect of the child;

(b)where the child is maintained by one individual only, that individual only shall be entitled to claim such tax credit;

(c)where the child is maintained jointly by two or more individuals, each of those individuals shall be entitled to claim such part of such tax credit as is proportionate to the amount expended by him or her on the maintenance of the child;

(d)in ascertaining for the purposes of this subsection whether an individual maintains a child and, if so, to what extent, any payment made by the individual for or towards the maintenance of the child which the individual is entitled to deduct in computing his or her total income for the purposes of the Income Tax Acts shall be deemed not to be a payment for or towards the maintenance of the child.

466.

Dependent relative tax credit.

(1)In this section ”specified amount” means an amount which does not exceed by more than €280 the aggregate of the payments to which an individual is entitled in a year of assessment in respect of an old age (contributory) pension at the maximum rate under the Social Welfare Consolidation Act 2005, if throughout that year of assessment such individual were entitled to such a pension and –

(a)has no adult dependant or qualified children (within the meaning, in each case, of that Act),

(b)is over the age of 80 years (or such other age as may be specified in that Act for the time being in place of 80 years),

(c)is living alone, and

(d)is ordinarily resident on an island.

(2)Where for any year of assessment a claimant proves that he or she maintains at his or her own expense any person, being –

(a)a relative of the claimant, or of the claimant’s spouse, incapacitated by old age or infirmity from maintaining himself or herself,

(b)the widowed father or widowed mother of the claimant or of the claimant’s spouse, whether incapacitated or not, or

(c)a child of the claimant who resides with the claimant and on whose services the claimant, by reason of old age or infirmity, is compelled to depend,

and being an individual whose total income from all sources for that year of assessment does not exceed a sum equal to the specified amount, the claimant shall be entitled in respect of each individual whom the claimant so maintains to a tax credit (to be known as the ‘dependent relative tax credit’) of €245 for the year of assessment.

(2A)A tax credit under this section may also be claimed by a claimant where all other conditions of this section have been met but the person being maintained is –

(a)a relative of the claimant’s civil partner,

(b)the widowed father or widowed mother of the claimant’s civil partner or a parent of the claimant’s civil partner who is a surviving civil partner, or

(c)a child of the civil partner of the claimant who resides with the claimant and on whose services the claimant, by reason of old age or infirmity, is compelled to depend.

(3)Where 2 or more individuals jointly maintain any individual referred to in subsection (2) or (2A), the tax credit to be granted under this section in respect of that individual shall be apportioned between them in proportion to the amount or value of their respective contributions towards the maintenance of that individual.

466A.

Home carer tax credit.

(1)In this section –

”dependent person”, in relation to a qualifying claimant, means a person (other than the spouse or civil partner of the qualifying claimant) who, subject to subsection (3), resides with that qualifying claimant and who is –

(a)a child in respect of whom either the qualifying claimant or his or her spouse or civil partner is, at any time in a year of assessment, in receipt of child benefit under Part 4 of the Social Welfare Consolidation Act 2005, or

(b)an individual who, at any time during a year of assessment, is of the age of 65 years or over, or

(c)an individual who is permanently incapacitated by reason of mental or physical infirmity;

”qualifying claimant”, in relation to a year of assessment, means an individual –

(a)who is assessed to tax for that year in accordance with section 1017 or 1031C, and

(b)who, or whose spouse or civil partner (in this section referred to as the “carer spouse” or “carer civil partner”) is engaged during that year in caring for one or more dependent persons;

”relative”, in relation to a qualifying claimant, includes a relation by marriage and a person in respect of whom the qualifying claimant is or was the legal guardian.

(2)Where for any year of assessment an individual proves that he or she is a qualifying claimant he or she shall be entitled to a tax credit (to be known as the ‘home carer tax credit’) of €1,800.

(3)For the purposes of this section –

(a)a dependent person in relation to a qualifying claimant who is a relative of that claimant or the claimant’s spouse shall be regarded as residing with the qualifying claimant if –

(i)the relative lives in close proximity to the qualifying claimant, and

(ii)a direct system of communication exists between the qualifying claimant’s residence and the residence of the relative,

(aa)a dependent person in relation to a qualifying claimant who is a relative of that claimant or the claimant’s civil partner shall be regarded as residing with the qualifying claimant if –

(i)the relative lives in close proximity to the qualifying claimant, and

(ii)a direct system of communication exists between the qualifying claimant’s residence and the residence of the relative,

and

(b)a qualifying claimant and a relative shall be regarded as living in close proximity if they reside –

(i)next door in adjacent residences, or

(ii)on the same property, or

(iii)within 2 kilometres of each other.

(4)A qualifying claimant shall be entitled to only one tax credit under subsection (2) for any year of assessment irrespective of the number of dependent persons resident with the qualifying claimant in that year.

(5)A tax credit under this section in respect of a dependent person shall be granted to one and only one qualifying claimant being the person with whom that dependent person normally resides or, where subsection (3) applies, the person who, or whose spouse or civil partner, normally cares for the dependent person.

(6)

(a)Where in any year of assessment the carer spouse or carer civil partner is entitled in his or her own right to total income exceeding €7,200 in that year, the tax credit shall be reduced by one-half of the amount of that excess.

(b)For the purposes of paragraph (a), no account shall be taken of –

(i)any Carer’s Benefit payable under Chapter 14 of Part 2 of the Social Welfare Consolidation Act 2005, or

(ii)any Carer’s Allowance payable under Chapter 8 of Part 3 of that Act.

(7)

(a)Notwithstanding subsection (6) but subject to the other provisions of this section including this subsection, a tax credit may be granted for a year of assessment where the claimant was entitled to a tax credit under this section for the immediately preceding year of assessment.

(b)Where a tax credit is to be granted for a year of assessment by virtue of paragraph (a), it shall not exceed the amount of the tax credit granted in the immediately preceding year of assessment.

(c)A tax credit shall not be granted for a year of assessment by virtue of paragraph (a) if it was so granted for the immediately preceding year of assessment.

(8)Where for any year of assessment a tax credit is granted to an individual under this section, the individual shall not also be entitled to the benefit of the provision contained in section 15(3) but the individual may elect by notice in writing to the inspector to have the benefit under the said section granted instead of the tax credit granted under this section.

467.

Employed person taking care of incapacitated individual.

(1)In this section –

“qualifying individual”, in relation to an individual, means –

(a)a relative of the individual,

(b)the individual’s civil partner, or

(c)a relative of the individual’s spouse or civil partner;

“relative”, in relation to an individual, includes a relation by marriage and a person in respect of whom the individual is or was the legal guardian.

(2)Subject to this section, where an individual for a year of assessment proves –

(a)that throughout the year of assessment either he or she or a qualifying individual in relation to the individual was totally incapacitated by physical or mental infirmity, and

(b)that for the year of assessment the individual, or in a case to which section 1017 or 1031C applies, the individual’s spouse or civil partner, has employed a person (including a person whose services are provided by or through an agency) for the purpose of having care of the individual (being the individual or qualifying individual) who is so incapacitated,

the individual shall, in computing the amount of his or her taxable income, be entitled to a deduction from his or her total income of the lesser of –

(i)the amount ultimately borne by him or her or the individual’s spouse or civil partner in the year of assessment in employing the employed person, and

(ii)€75,000 in respect of each such incapacitated individual.

(2A)Notwithstanding subsection (2)(a) but subject to all other provisions of this section, relief may be granted under this section in the first year in which the individual proves that either he or she or the qualifying individual concerned was totally incapacitated by physical or mental infirmity.

(3)Where 2 or more individuals are entitled for a year of assessment to a deduction under this section in respect of the same incapacitated individual, the following provisions shall apply:

(a)the aggregate of the deductions to be granted to those individuals shall not exceed €75,000, and

(b)the relief to be granted under this section in relation to the incapacitated individual shall be apportioned between them in proportion to the amount ultimately borne by each of them in employing the employed person.

(4)Where for any year of assessment a deduction is allowed to an individual under this section, the individual shall not be entitled to relief in respect of the employed person (including a person whose services are provided by or through an agency) under section 465 or section 466.

468.

Blind person’s tax credit.

(1)In this section, ”blind person” means a person whose central visual acuity does not exceed 6/60 in the better eye with correcting lenses, or whose central visual acuity exceeds 6/60 in the better eye or in both eyes but is accompanied by a limitation in the fields of vision that is such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

(2)Where an individual proves for a year of assessment that –

(a)he or she was for the whole or any part of the year of assessment a blind person, or

(b)where he or she is assessed to tax in accordance with section 1017 or 1031C, either or both he or she and his or her spouse or civil partner was for the whole or any part of the year of assessment a blind person,

the individual shall be entitled to a tax credit (to be known as the ‘blind person’s tax credit’) of €1,650, or where the individual and his or her spouse or civil partner are both blind, €3,300.

469.

Relief for health expenses.

(1)In this section –

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“educational psychologist” means a psychologist who has expertise in the education of students;

“health care” means prevention, diagnosis, alleviation or treatment of an ailment, injury, infirmity, defect or disability, and includes care received by a woman in respect of a pregnancy, but does not include –
(a)routine ophthalmic treatment
(b)routine dental treatment, or
(c)cosmetic surgery or similar procedures, unless the surgery or procedure is necessary to ameliorate a physical deformity arising from, or directly related to, a congenital abnormality, a personal injury or a disfiguring disease;

“health expenses” means expenses in respect of the provision of health care, being expenses representing the cost of –
(a)the services of a practitioner
(b)diagnostic procedures carried out on the advice of a practitioner
(c)maintenance or treatment necessarily incurred in connection with the services or procedures referred to in paragraph (a) or (b)
(d)drugs or medicines supplied on the prescription of a practitioner
(e)the supply, maintenance or repair of any medical, surgical, dental or nursing appliance used on the advice of a practitioner
(f)physiotherapy or similar treatment prescribed by a practitioner
(g)orthoptic or similar treatment prescribed by a practitioner
(h)transport by ambulance, or
(i)as respects a person who for the year of assessment –
(a)is under the age of 18 years, or
(b)if over the age of 18 years, at the commencement of the year of assessment, is receiving full-time instruction at any university, college, school or other educational establishment
either or both –
(i)educational psychological assessment carried out by an educational psychologist, and
(ii)speech and language therapy carried out by a speech and language therapist;

“practitioner” means any person who is –
(a)registered in the register established under section 43 of the Medical Practitioners Act 2007
(b)registered in the register established under section 26 of the Dentists Act, 1985, or
(c)in relation to health care provided outside the State, entitled under the laws of the country in which the care is provided to practise medicine or dentistry there;

“routine dental treatment” means the extraction, scaling and filling of teeth and the provision and repairing of artificial teeth or dentures;

“routine ophthalmic treatment” means sight testing and advice as to the use of spectacles or contact lenses and the provision and repairing of spectacles or contact lenses;

“specified amount”, in relation to a year of assessment, means the amount of expenditure which qualifies for income tax relief in accordance with this section.

(2)

(a)Subject to this section, where an individual for a year of assessment proves that in the year of assessment he or she defrayed health expenses incurred for the provision of health care, the income tax to be charged on the individual, other than in accordance with section 16(2), for that year of assessment shall be reduced by the lesser of –

(i)the amount equal to the appropriate percentage of the specified amount, and

(ii)the amount which reduces that income tax to nil,

but, where an individual proves that he or she defrayed health expenses incurred for the provision of health care in the nature of maintenance or treatment in a nursing home, other than a nursing home which does not provide access to 24 hour nursing care on-site, the individual shall be entitled for the purpose of ascertaining the amount of the income on which he or she is to be charged to income tax, to have a deduction made from his or her total income of the amount proved to have been so defrayed.

(b)For the purposes of this section any contribution made by an individual in defraying expenses incurred in respect of nursing home fees where such an individual is entitled to or has received State support (within the meaning of section 3(1) of the Nursing Homes Support Scheme Act 2009) shall be treated as health expenses qualifying for relief under this section.

(c)Financial support (within the meaning of the Nursing Homes Support Scheme Act 2009) shall not be treated as health expenses for the purposes of this section.

(3)For the purposes of this section –

(a)

(i)any expenses defrayed by a married man in a year of assessment shall be deemed to have been defrayed by his wife if for the year of assessment she is to be treated under the Income Tax Acts as living with him and she is assessed to tax in accordance with section 1017,

(ii)any expenses defrayed by a married woman in a year of assessment shall be deemed to have been defrayed by her husband if for the year of assessment she is to be treated under the Income Tax Acts as living with him and he is assessed to tax in accordance with section 1017, or

(iii)any expenses defrayed by a civil partner in a year of assessment shall be deemed to have been defrayed by his or her civil partner if for the year of assessment the first-mentioned civil partner is to be treated under the Income Tax Acts as living with his or her civil partner and is assessed to tax in accordance with section 1031C,

(b)any expenses defrayed out of the estate of a deceased person by his or her executor or administrator shall be deemed to have been defrayed by the deceased person immediately before his or her death, and

(c)expenses shall be regarded as not having been defrayed in so far as any sum in respect of, or by reference to, the health care to which they relate has been, or is to be, received, directly or indirectly, by the individual or the individual’s estate, or by any dependant of the individual or such dependant’s estate, from any public or local authority or under any contract of insurance or by means of compensation or otherwise.

(4)[deleted]

(5)In making a claim for a deduction under this section, an individual who, after the end of the year of assessment for which the claim is made, has defrayed or is deemed to have defrayed any expenses relating to health care provided in that year may elect that all deductions to be allowed to him or her under this section for that year and for subsequent years of assessment shall be determined as if those expenses had been defrayed at the time when the health care to which they relate was provided.

(6)Notwithstanding sections 458(2) and 459(2) –

(a)any claim for a deduction under this section –

(i)shall be made in such form as the Revenue Commissioners may from time to time prescribe, and

(ii)shall be accompanied by such statements in writing as regards any class of expenses by reference to which the deduction is claimed, including statements by persons to whom payments were made, as may be indicated by the prescribed form as being required as regard expenses of that class, and

(b)in all cases relief from tax consequent on the allowance of a deduction under this section shall be given by means of repayment.

(7)Where relief is given under this section to any individual in respect of an amount used to defray health expenses, relief shall not be given under any other provision of the Income Tax Acts to that individual in respect of that amount.

(8)

(a)Where the Minister for Finance determines that expenses, or a class of expenses, representing the cost of anything referred to in paragraphs (a) to (i) in the definition of ‘health expenses’ in subsection (1) has been or may be incurred in the provision of health care which in the opinion of the Minister for Finance is inappropriate having regard to public policy, then the Minister may by order prescribe those expenses, or class of expenses, as not being eligible for relief under this section.

(b)The Minister for Finance shall not make an order under paragraph (a) unless he or she has consulted with the Minister for Health and Children and such appropriately qualified persons, bodies or institutions (if any), which in the opinion of the Minister for Finance or the Minister for Health and Children should be consulted.

(c)Every order made by the Minister for Finance under paragraph (a) shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

470.

Relief for insurance against expenses of illness.

(1)In this section –

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“authorised insurer” means –

(a)any undertaking entered in the Register of Health Benefits Undertakings, lawfully carrying on such business of medical insurance referred to in paragraph (a) of the definition of ‘relevant contract’ but, in relation to an individual, also means any undertaking authorised pursuant to Council Directive No. 73/239/EEC of 24 July 1973 , Council Directive No. 88/357/EEC of 22 June 1988 , and Council Directive No. 92/49/EEC of 18 June 1992 or authorised to carry on such business by the authority in the United Kingdom charged by law with the duty of supervising the activities of undertakings so authorised, where such a contract was effected with the individual when the individual was not resident in the State but was resident in another Member State of the European Communities or in the United Kingdom, as the case may be, or

(b)

(i)any undertaking standing authorised under –

(I)the European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994), or

(II)the European Union (Insurance and Reinsurance) Regulations 2015 (S.I. No. 485 of 2015), in respect of insurance of a class listed in Schedule 2 to those Regulations,

(ii)any undertaking authorised by the authority charged by law with the duty of supervising the activities of insurance undertakings in a Member State of the European Communities other than the State in accordance with Article 6 of Council Directive No. 73/239/EEC of 24 July 1973 as inserted by Article 4 of Council Directive No. 92/49/EEC of 18 June 1992, or authorised by the authority in the United Kingdom charged by law with the duty of supervising the activities of undertakings so authorised,

lawfully carrying on such business of dental insurance referred to in paragraph (b) of the definition of ‘relevant contract’;

“child” means an individual under the age of 21 years in respect of whom the payment under a relevant contract has been reduced in accordance with paragraph (a)(ii) or (b)(i)(I) of section 7(5) of the Health Insurance Act 1994;

“relevant contract” means a contract of insurance which provides specifically, whether in conjunction with other benefits or not, for the reimbursement or discharge, in whole or in part, of-

(a)actual health expenses (within the meaning of section 469), being a contract of medical insurance, or

(b)dental expenses other than expenses in respect of routine dental treatment (within the meaning of section 469), being a contract of dental insurance;

”relievable amount”, in relation to a payment to an authorised insurer under a relevant contract, means –

(a)where the payment covers no benefits other than such reimbursement or discharge as is referred to in the definition of ‘relevant contract’, an amount equal to the full amount of the payment reduced by the amount of credit due (if any) under section 470B(4) and credit due (if any) under a risk equalisation scheme (within the meaning of the Health Insurance Act 1994), or

(b)where the payment covers benefits other than such reimbursement or discharge as is referred to in that definition, an amount equal to so much of the payment as is referable to such reimbursement or discharge reduced by the amount of credit due (if any) under section 470B(4) and credit due (if any) under a risk equalisation scheme (within the meaning of the Health Insurance Act 1994),

provided that in respect of a relevant contract renewed or entered into on or after 16 October 2013 the relievable amount in respect of any payment made under a relevant contract, in respect of any 12 month period covered by that contract, shall not exceed the aggregate of –

(i)the lesser of the relievable amount attributable to each individual, other than a child, to whom the relevant contract relates, or €1,000 in respect of each individual, and

(ii)the lesser of the relievable amount attributable to each child to whom the relevant contract relates, or €500 in respect of each child,

and where the contract is for a period of less than 12 months or being for a period of 12 months is terminated before the end of that period, the relievable amount shall be reduced proportionately.

(2)Subject to subsection (3), where for a year of assessment –

(a)an individual, or

(b)if the individual is a married person assessed to tax in accordance with section 1017, or a civil partner assessed to tax in accordance with section 1031C, the individual’s spouse or civil partner, as the case may be, or civil partner,

has made a payment to an authorised insurer under a relevant contract, then, the income tax to be charged on the individual for the year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(i)an amount equal to the appropriate percentage of the relievable amount in relation to the payment, and

(ii)the amount which reduces that income tax to nil.

(3)

(a)Where, on or after 6 April 2001, an individual makes a payment to an authorised insurer in respect of a premium due on or after that date under a relevant contract for which relief is due under subsection (2), the individual shall be entitled to deduct and retain out of it an amount equal to the appropriate percentage, for the year of assessment in which the payment is due, of the relievable amount in relation to the payment.

(b)An authorised insurer to which a payment referred to in paragraph (a) is made –

(i)shall accept the amount paid after deduction in discharge of the individual’s liability to the same extent as if the deduction had not been made, and

(ii)may, on making a claim in accordance with regulations, recover from the Revenue Commissioners an amount equal to the amount deducted.

(4)Where relief is given under this section, no relief or deduction under any other provision of the Income Tax Acts shall be given or allowed in respect of the payment or part of a payment, as the case may be.

(5)

(a)The Revenue Commissioners shall make regulations providing generally as to administration of this section and those regulations may, in particular and without prejudice to the generality of the foregoing, include provision –

(i)that a claim under subsection (3)(b)(ii) by an authorised insurer, which has registered with the Revenue Commissioners for the purposes of making such a claim, shall –

(I)be made in such form and manner,

(II)be made at such time, and

(III)be accompanied by such documents,

as provided for in the regulations;

(ii)for the making of annual information returns by authorised insurers, in such form (including electronic form) and manner as may be prescribed, and containing specified details in relation to –

(I)each individual making payments to such insurers under relevant contracts in a year of assessment,

(II)the total amount of premiums paid under a relevant contract by that individual in the year of assessment, and

(III)the total amount deducted by that individual under subsection (3)(a);

and

(iii)for the furnishing of information to the Revenue Commissioners for the purposes of the regulations.

(b)Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6)

(a)Where any amount is paid to an authorised insurer by the Revenue Commissioners as an amount recoverable by virtue of subsection (3)(b)(ii) but is an amount to which that authorised insurer is not entitled, that amount shall be repaid by the authorised insurer.

(b)There shall be made such assessments, adjustments or set-offs as may be required for securing repayment of the amount referred to in paragraph (a) and the provisions of this Act relating to the assessment, collection and recovery of income tax shall, in so far as they are applicable and with necessary modification, apply in relation to the recovery of such amount.

470A. Relief for premiums under qualifying long-term care policies.
As of 1 January 2010 this text has ceased
(1)In this section –

”activities of daily living” means one or more of the following, that is to say, washing, dressing, feeding, toileting, mobility and transferring;

”appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

”long-term care services” means necessary diagnostic, preventive, therapeutic, curing, treating, mitigating and rehabilitative services and maintenance or personal care services carried out by or on the advice of a practitioner;

”maintenance or personal care services” means any care the primary purpose of which is the provision of needed assistance with any of the disabilities as a result of which an individual is a relevant individual (including protection from threats to health and safety due to severe cognitive impairment);

”mobility” means the ability to move indoors from room to room on level surfaces;

”policy” means a policy of insurance;

”PPS Number”, in relation to an individual, means that individual’s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

”practitioner” means any person who is registered in the register established under section 26 of the Medical Practitioners Act, 1978, or, in relation to long-term care services provided outside the State, is entitled under the laws of the territory in which such services are provided to practice medicine there;

”qualifying individual” in relation to an individual and a qualifying long-term care policy, means –

(a)the individual,

(b)the spouse or a child of the individual, or

(c)a relative of the individual or of the spouse of the individual;

”qualifying insurer” means, subject to subsection (2), the holder of –

(i)an authorisation issued by the Minister for Enterprise, Trade and Employment under the European Communities (Life Assurance) Regulations of 1984 (S.I. No. 57 of 1984) as amended, or

(ii)an authorisation granted by the authority charged by law with the duty of supervising the activities of insurance undertakings in a Member State of the European Communities, other than the State, in accordance with Article 6 of Directive No. 79/267/EEC , who is carrying on the business of life assurance in the State, or

(iii)an official authorisation to undertake insurance in Iceland, Liechtenstein and Norway pursuant to the EEA Agreement within the meaning of the European Communities (Amendment) Act, 1993, and who is carrying on the business of life assurance in the State;

”qualifying long-term care policy” means a policy which provides for the discharge or reimbursement of expenses of long-term care services for a relevant individual and which, in accordance with the provisions of this section, is approved of by the Revenue Commissioners for the purposes of this section;

”relative”, in relation to an individual or the spouse of the individual, includes a relation by marriage and a person in respect of whom the individual is or was the legal guardian;

”relevant individual”, in relation to a qualifying long-term care policy, means a qualifying individual in relation to that policy in respect of whom a practitioner has certified that the individual is –

(a)unable to perform (without substantial assistance from another individual) at least 2 of the activities of daily living for a period of at least 90 days due to a loss of functional capacity, or

(b)requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment;

”transferring” means the ability to move from a bed to an upright chair or a wheelchair and vice versa.

(2)

(a)A person shall not be a qualifying insurer until such time as the person has been entered in a register maintained by the Revenue Commissioners for the purposes of this section and any regulations made thereunder.

(b)Where at any time a qualifying insurer –

(i)is not resident in the State, or

(ii)is not carrying on business in the State through a fixed place of business,

the qualifying insurer shall ensure that there is a person resident in the State and appointed by the qualifying insurer to be responsible for the discharge of all the duties and obligations imposed on the qualifying insurer by this section and any regulations made thereunder.

(c)Where a qualifying insurer appoints a person in accordance with paragraph (b), that insurer shall advise the Revenue Commissioners of the identity of that person and the fact of the person’s appointment.

(3)

(a)The Revenue Commissioners shall not approve a policy for the purposes of this section unless they are satisfied that –

(i)the only benefits provided under the policy are the discharge or reimbursement of expenses of long-term care services in respect of an individual who is a relevant individual in relation to the policy,

(ii)the policy is either not expressed to be terminable by the insurer under the terms of the policy, or is expressed to be so terminable only in special circumstances mentioned in the policy,

(iii)the policy secures that for the purposes of the policy the question of whether an individual is a relevant individual shall be determined by reference to at least 5 activities of daily living,

(iv)subject to paragraph (b), the policy does not provide for –

(I)a lump sum payment on termination,

(II)a cash surrender value, or

(III)any other money,

that can be paid or assigned to any person, borrowed, or pledged as collateral for a loan, and

(v)the policy is not connected with any other policy.

(b)A policy shall not fail to meet the requirements of paragraph (a)(iv) merely because it provides for the payment of periodic amounts of money without regard to the expenses incurred on the services provided during the period to which the payments relate.

(c)A policy is connected with another policy, whether held by the same person or another person, if –

(i)either policy was issued in respect of an assurance made with reference to the other, or with a view to enabling the other to be made on particular terms, or with a view to facilitating the making of the other on particular terms, and

(ii)the terms on which either policy was issued would have been different if the other policy had not been issued.

(4)

(a)A long-term care policy shall be a qualifying long-term care policy within the meaning of this section if it conforms with a form which at the time it is issued is either –

(i)a standard form approved by the Revenue Commissioners as a standard form of qualifying long-term care policy, or

(ii)a form varying from a standard form so approved in no other respects than by making such alterations to that standard form as are, at the time the policy is issued, approved by the Revenue Commissioners as being compatible with a qualifying long-term care policy when made to that standard form and satisfying any conditions subject to which the alterations are so approved.

(b)In approving a policy, or a standard form of a policy, as a qualifying long-term care policy for the purposes of this section, the Revenue Commissioners may disregard any provision of the policy which appears to them insignificant.

(5)Where, for any year of assessment, an individual, who is resident in the State, makes a payment to a qualifying insurer in respect of a premium under a qualifying long-term care policy, the beneficiary of which is a qualifying individual in relation to the individual, the individual making the payment shall, subject to the condition specified in subsection (6), be entitled to relief under this section in accordance with subsection (8).

(6)The condition specified in this subsection is that, at the time the long-term care policy is entered into, the individual (in this subsection referred to as the ‘declarer’) furnishes to the qualifying insurer a declaration in writing which –

(a)is made and signed by the declarer,

(b)is made in such form as may be prescribed or authorised by the Revenue Commissioners,

(c)contains the declarer’s full name, the address of his or her permanent residence and his or her PPS Number,

(d)declares that –

(i)at the time the declaration is made that he or she is resident in the State, and

(ii)the beneficiary under the policy is a qualifying individual in relation to the declarer,

and

(e)contains an undertaking that if, at any time while the long-term care policy is in force, the declarer ceases to be resident in the State he or she will notify the qualifying insurer accordingly.

(7)

(a)A qualifying insurer shall –

(i)keep and retain for the longer of the following periods –

(I)a period of 6 years, and

(II)a period which, in relation to the long-term care policy in respect of which the declaration is made, ends not earlier than 3 years after the date on which premiums have ceased to be paid or payable in respect of the policy.

all declarations of the kind mentioned in subsection (6) which have been made in respect of qualifying long-term care policies issued by the qualifying insurer, and

(ii)on being so required by notice given to that insurer in writing by an inspector, make available within the State to the inspector, within the time specified in the notice, all or any of the declarations of the kind mentioned in subsection (6).

(b)The inspector may examine or take extracts from or copies of any declarations made available to him or her under paragraph (a).

(8)

(a)Where an individual makes a payment to a qualifying insurer in respect of which he or she is entitled to relief under this section, the individual shall be entitled to deduct and retain out of the payment an amount equal to the appropriate percentage for the year of assessment in which payment of the premium falls due.

(b)The qualifying insurer to whom a payment referred to in paragraph (a) is made –

(i)shall accept the amount paid after deduction in discharge of the individual’s liability to the same extent as if the deduction had not been made, and

(ii)may, on making a claim in accordance with regulations, recover from the Revenue Commissioners an amount equal to the amount deducted.

(9)

(i)for the registration of persons as qualifying insurers for the purposes of this section and those regulations,

(ii)that a claim under subsection (8)(b)(ii) by a qualifying insurer shall –

(I)be made in such form and manner,

(II)be made at such time, and

(III)be accompanied by such documents,

as provided for in the regulations,

(iii)for the making of annual information returns by qualifying insurers, in such form (including electronic form) and manner as may be prescribed, and containing specified details in relation to –

(I)each individual making payments to such insurers under qualifying long-term care policies in a year of assessment,

(II)the total amount of premiums paid under a qualifying long-term care policy by that individual in the year of assessment, and

(III)the total amount deducted by that individual under subsection (8)(a),

and

(iv)for the furnishing of information to the Revenue Commissioners for the purposes of the regulations.

(b)Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annualling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(10)

(a)Where any amount is paid to a qualifying insurer by the Revenue Commissioners as an amount recoverable by virtue of subsection (8)(b)(ii) but is an amount to which that qualifying insurer is not entitled, that amount shall be repaid by the qualifying insurer.

(11)Where relief is given under this section in respect of a payment, relief shall not be given under any other provision of the Income Tax Acts in respect of that payment.

(12)The Revenue Commissioners may nominate any of their officers, including an inspector, to perform any acts and discharge any functions authorised by this section, other than those specified in subsection (9), to be performed or discharged by them.

(13)This section ceases to have effect for the year of assessment 2010 and subsequent years of assessment.

470B.

Age-related relief for health insurance premiums.

(1)In this section –

”age-related tax credit” has the same meaning as in subsection (4);

”authorised insurer” means any undertaking (not being a restricted membership undertaking) entered in The Register of Health Benefits Undertakings, lawfully carrying on such business of medical insurance referred to in the definition of ”relevant con tract” but, in relation to an individual, also means any undertaking (not being a restricted membership undertaking) authorised pursuant to Council Directive No. 73/239/EEC of 24 July 1973 , Council Directive No. 88/357/EEC of 22 June 1988 , and Council Directive No. 92/49/EEC of 18 June 1992 , where such a contract was effected with the individual when the individual was not resident in the State but was resident in another Member State of the European Communities;

”employee” and ”employer” have the same meanings, respectively, as in section 983;

”excluded contract of insurance” means –

(a)a contract of insurance which comes within the meaning of paragraph (d) of the definition of ”health insurance contract” in section 2(1) of the Health Insurance Act 1994, or

(b)a contract of insurance relating solely to charges for public hospital in-patient services made under the Health (In-Patient Charges) Regulations 1987 (S.I. No. 116 of 1987);

”in-patient indemnity payment” has the same meaning as in section 2(1) of the Health Insurance Act 1994;

”insured person”, in relation to a relevant contract, means an individual, the spouse or civil partner of the individual, or the children or other dependents of the individual or of the spouse or civil partner of the individual, in respect of whom the relevant contract provides specifically, whether in conjunction with other benefits or not, for the reimbursement or discharge, in whole or in part, of actual health expenses (within the meaning of section 469);

”PPS Number”, in relation to an individual, means that individual’s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

”relevant contract” means a contract of insurance (not being an excluded contract of insurance) which provides for the making of in-patient indemnity payments under the contract and which, in relation to an individual, the spouse or civil partner of the individual, or the children or other dependents of the individual or of the spouse or civil partner of the individual, provides specifically, whether in conjunction with other benefits or not, for the reimbursement or discharge, in whole or in part, of actual health expenses (within the meaning of section 469), being a contract of medical insurance;

”relevant year of assessment” means –

(a)subject to paragraph (b), the year of assessment 2009, 2010, 2011 or 2012,

(b)where a payment made to an authorised insurer is a monthly or other instalment towards the payment of the total annual premium due under a relevant contract, and the payment of such an instalment becomes due and is made in the year of assessment 2013, the year of assessment 2013;

”relievable amount”, in relation to a payment to an authorised insurer under a relevant contract, means –

”restricted membership undertaking” has the same meaning as in section 2(1) of the Health Insurance Act 1994.

(2)This section applies to a payment made to an authorised insurer under a relevant contract renewed or entered into on or after 1 January 2009 but before 1 January 2013 where the payment qualifies for relief under section 470(2).

(3)Notwithstanding section 470(4), relief due under this section shall be given in addition to relief given under section 470.

(4)Subject to subsections (5) and (6), where, for a relevant year of assessment, an individual, or –

(a)if the individual is a married person assessed to tax in accordance with section 1017, the individual’s spouse, or

(b)if the individual is a civil partner assessed to tax in accordance with section 1031C, the individual’s civil partner,

makes a payment to an authorised insurer under a relevant contract and –

(i)the payment is in respect of a premium due under the relevant contract and the relevant contract was renewed or entered into on or after 1 January 2009 but before 1 January 2013, and

(ii)the payment or part of the payment, as the case may be, is attributable to an insured person, and only to an insured person, who is aged 50 years or over on the date the relevant contract is renewed or entered into, as the case may be,

then the individual shall, for the relevant year of assessment, in respect of so much of the relievable amount of the payment or part of the payment, as the case may be, as is attributable to an insured person referred to in paragraph (b), be entitled to a credit (referred to in this section as “age-related tax credit”) equal to the lower of –

(I)as respects a relevant contract renewed or entered into on or after 1 January 2009 but before 1 January 2010 but before 1 January 2011, the amount specified in column (2) of the Table to this subsection corresponding to the class of insured person mentioned in column (1) of that Table or, where the payment made to the authorised insurer is a monthly or other instalment towards the payment of the total annual premium due under the relevant contract, an amount equal to the amount so specified divided by the total number of instalments to be made to pay such total annual premium,

(II)as respects a relevant contract renewed or entered into on or after 1 January 2010, the amount specified in column (3) of the Table to this subsection corresponding to the class of insured person mentioned in column (1) of that Table or, where the payment made to the authorised insurer is a monthly or other instalment towards the payment of the total annual premium due under the relevant contract, an amount equal to the amount so specified divided by the total number of instalments to be made to pay such total annual premium,

(III)as respects a relevant contract renewed or entered into on or after 1 January 2011 but before 1 January 2012, the amount specified in column (4) of the Table to this subsection corresponding to the class of insured person mentioned in column (1) of that Table or, where the payment made to the authorised insurer is a monthly or other instalment towards the payment of the total annual premium due under the relevant contract, an amount equal to the amount so specified divided by the total number of instalments to be made to pay such total annual premium,

(IIIa)as respects a relevant contract renewed or entered into on or after 1 January 2012, the amount specified in column (5) of the Table to this subsection corresponding to the class of insured person mentioned in column (1) of that Table or, where the payment made to the authorised insurer is a monthly or other instalment towards the payment of the total annual premium due under the relevant contract, an amount equal to the amount so specified divided by the total number of instalments to be made to pay such total annual premium, and

(IV)an amount which reduces the income tax to be charged on the individual for the relevant year of assessment, other than in accordance with section 16(2), to nil.

Table

Class of insured person

Amount of age-related tax credit

(1)

(2)

(3)

(4)

(5)

Aged 50 years and over but less than 55 years on the date the relevant contract is renewed or entered into, as the case may be.

€200.00

Nil

Aged 55 years and over but less than 60 years on the date the relevant contract is renewed or entered into, as the case may be.

€200.00

Nil

Aged 60 years and over but less than 65 years on the date the relevant contract is renewed or entered into, as the case may be.

€500.00

€525.00

€625.00

€600.00

Aged 65 years and over but less than 70 years on the date the relevant contract is renewed or entered into, as the case may be.

€500.00

€525.00

€625.00

€975.00

Aged 70 years and over but less than 75 years on the date the relevant contract is renewed or entered into, as the case may be.

€950.00

€975.00

€1,275.00

€1,400.00

Aged 75 years and over but less than 80 years on the date the relevant contract is renewed or entered into, as the case may be.

€950.00

€975.00

€1,275.00

€2,025.00

Aged 80 years and over but less than 85 years on the date the relevant contract is renewed or entered into, as the case may be.

€1,175.00

€1,250.00

€1,725.00

€2,400.00

Aged 85 years and over on the date the relevant contract is renewed or entered into, as the case may be.

€1,175.00

€1,250.00

€1,725.00

€2,700.00

(5)

(a)The amount of age-related tax credit given for a relevant year of assessment in respect of an insured person shall not exceed the amount of the payment made to an authorised insurer under a relevant contract in respect of the insured person for the relevant year of assessment.

(b)Where an individual makes a payment to an authorised insurer that entitles the individual to an age-related tax credit or age-related tax credits, as the case may be, for the year of assessment 2013, the aggregate amount of the age-related tax credit given to the individual in respect of an insured person or insured persons, as the case may be, for that year and the year of assessment 2012 shall not exceed the age-related tax credit or age-related tax credits, as the case may be, that the individual would have been entitled to if the total annual premium due under the relevant contract in respect of the insured person or insured persons, as the case may be, had been paid in the year of assessment 2012.

(c)Where, for any relevant year of assessment, an employer makes a payment of emoluments to an employee consisting of a perquisite in the form of a payment to an authorised insurer under a relevant contract, and –

(i)the payment qualifies for relief under this section for that relevant year of assessment, and

(ii)the aggregate of the age-related tax credit or age-related tax credits, as the case may be, and relief under section 470 due in respect of the payment exceeds the amount of the income tax chargeable, in accordance with sections 112 and 112A, in respect of the perquisite (in this paragraph referred to as ”the excess”),

the excess may not reduce the income tax chargeable on any other income of the employee for that year of assessment, or –

(i)if the employee is a married person assessed to tax in accordance with section 1017, the income tax chargeable on any income of the employee’s spouse for that year of assessment, or

(ii)if the employee is a civil partner assessed to tax in accordance with section 1031C, the income tax chargeable on any income of the employee’s civil partner for that year of assessment.

(6)

(a)Where an individual makes a payment to an authorised insurer that entitles the individual to an age-related tax credit or age-related tax credits, as the case may be, for a relevant year of assessment, the individual shall be entitled to deduct and retain out of it –

(i)if the payment made is the total annual premium due under the relevant contract concerned for the relevant year of assessment, an amount equal to the total amount of the age-related tax credit or age-related tax credits, as the case may be,

(ii)if the payment made is a monthly or other instalment towards the payment of the total annual premium due under the relevant contract concerned for the relevant year of assessment, an amount equal to the total amount of the age-related tax credit or age-related tax credits, as the case may be, to which the individual would be entitled if all of that total annual premium were paid divided by the total number of such instalments to be made to pay that total annual premium.

(b)An authorised insurer to which a payment referred to in paragraph (a) is made –

(i)shall accept the amount paid, after the deduction of the age-related tax credit or age-related tax credits, as the case may be, in discharge of the individual’s liability to the same extent as if the deduction had not been made, and

(ii)may, on making a claim in accordance with regulations, recover from the Revenue Commissioners an amount equal to the amount deducted.

(c)Where an individual makes a payment referred to in paragraph (a) in respect of a premium due under a contract renewed or entered into on or after 1 January 2009 but before the passing of the Health Insurance (Miscellaneous Provisions) Act 2009, the individual shall be deemed to have deducted and retained out of the payment an amount equal to the amount of the age-related tax credit or age-related tax credits, as the case may be, that the individual is entitled to under this section in respect of that payment.

(d)An amount that an individual is entitled to deduct and retain out of a payment referred to in paragraph (a) shall be in addition to the amount that the individual is entitled to deduct and retain out of the payment in accordance with section 470(3).

(7)

(a)The Revenue Commissioners shall make regulations providing generally for the administration of this section and those regulations may, in particular and without prejudice to the generality of the foregoing, include provision –

(i)that a claim under subsection (6)(b)(ii) by an authorised insurer, which has registered with the Revenue Commissioners for the purposes of making such a claim, shall –

(I)be made in such form and manner,

(II)be made at such time,

(III)be accompanied by such documents, and

(IV)be accompanied by such information as respects the amount of premiums paid under relevant contracts in respect of insured persons aged 50 years or over in a relevant year of assessment and the number of such individuals within each class,

as provided for in the regulations,

(ii)for the making of annual information returns by authorised insurers, in such form (including electronic form) and manner as may be provided for in the regulations, and containing specified details in relation to –

(I)each individual making payments, to which this section applies, to such insurers under relevant contracts in a relevant year of assessment,

(II)each insured person aged 50 years or over, in respect of whom such payments were made in the relevant year of assessment, including –

(A)the name of the insured person,

(B)the date of birth of the insured person, and

(C)the PPS Number of the insured person,

(III)the total amount of premiums paid by the individual under a relevant contract in respect of an insured person aged 50 years or over in a relevant year of assessment, and

(IV)the total amount deducted under subsection (6)(a) by the individual making the payments in the relevant year of assessment concerned,

and

(iii)for the furnishing of any other information that the Revenue Commissioners may reasonably require for the purposes of the regulations.

(8)

(a)Where any amount is paid to an authorised insurer by the Revenue Commissioners as an amount recoverable by virtue of subsection (6)(b) but is an amount to which the authorised insurer is not entitled, that amount shall be repaid by the authorised insurer.

(b)There shall be made such assessments, adjustments or set-offs as may be required for securing repayment of the amount referred to in paragraph (a) and the provisions of the Income Tax Acts relating to the assessment, collection and recovery of income tax shall, in so far as they are applicable and with necessary modification, apply in relation to the recovery of such amount.

471.

Relief for contributions to permanent health benefit schemes.

(1)In this section –

“benefit” and “permanent health benefit scheme” have the same meanings respectively as in section 125;

“contribution”, in relation to a permanent health benefit scheme, means any premium paid or other periodic payment made to the scheme in consideration of the right to benefit under it, being a premium or payment which bears a reasonable relationship to the benefits secured by it.

(2)Where an individual for a year of assessment proves that in that year of assessment he or she made a contribution or contributions to a bona fide permanent health benefit scheme or schemes, the individual shall be entitled, for the purpose of ascertaining the amount of the income on which he or she is to be charged to income tax, to have a deduction of so much of the contributions as does not exceed 10 per cent of his or her total income for that year of assessment made from his or her total income.

(3)In a case where the amount of a contribution made by an employer to a permanent health benefit scheme is charged to income tax under Chapter 3 of Part 5 as a perquisite of the office or employment of a director or employee, that amount shall be deemed for the purposes of subsection (2) to be a contribution made by the director or employee to the scheme in the year in respect of which it is so charged to income tax.

472.

Employee allowance.

(1)

(a)In this section –

”appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“emoluments” means emoluments to which Chapter 4 of Part 42 applies or is applied, but does not include –

(i)emoluments paid directly or indirectly by a body corporate (or by any person who would be regarded as connected with the body corporate) to a proprietary director of the body corporate or to the spouse, civil partner, child or child of the civil partner of such a proprietary director, and

(ii)emoluments paid directly or indirectly by an individual (or by a partnership in which the individual is a partner) to the spouse, civil partner, child or child of the civil partner of the individual;

“director” means –

(i)in relation to a body corporate the affairs of which are managed by a board of directors or similar body, a member of that board or body,

(ii)in relation to a body corporate the affairs of which are managed by a single director or similar person, that director or person, and

(iii)in relation to a body corporate the affairs of which are managed by the members themselves, a member of the body corporate,

and includes any person who is or has been a director;

“proprietary director” means a director of a company who is either the beneficial owner of, or able, either directly or through the medium of other companies or by any other indirect means, to control, more than 15 per cent of the ordinary share capital of the company;

“specified employed contributor” means a person who is an employed contributor for the purposes of the Social Welfare Consolidation Act 2005, but does not include a person –

(i)who is an employed contributor for those purposes by reason only of section 12(1)(b) of that Act, or

(ii)to whom Article 81, 82 or 83 of the Social Welfare (Consolidated Contributions and Insurability) Regulations, 1996 (S.I. No. 312 of 1996), applies.

(b)For the purposes of the definition of “proprietary director”, ordinary share capital which is owned or controlled as referred to in that definition by a person, being a spouse, a civil partner, a minor child, or a minor child of the civil partner, of a director, or by a trustee of a trust for the benefit of a person or persons, being or including any such person or such director, shall be deemed to be owned or controlled by such director and not by any other person.

(2)The exclusion from the definition of “emoluments” of the emoluments referred to in subparagraphs (i) and (ii) of that definition shall not apply for any year of assessment to any such emoluments paid to an individual, being a child (other than a child who is a proprietary director) to whom subparagraph (i) or (ii) of that definition relates, if for that year –

(a)

(i)the individual is a specified employed contributor, or

(ii)the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018), in so far as they apply, have, in relation to any such emoluments paid to the individual in the year of assessment, been complied with by the person by whom the emoluments are paid,

(b)the conditions of the office or employment, in respect of which any such emoluments are paid, are such that the individual is required to devote, throughout the year of assessment, substantially the whole of the individual’s time to the duties of the office or employment and the individual does in fact do so, and

(c)the amount of any such emoluments paid to the individual in the year of assessment are not less than €4,572.

(3)Where an individual is in receipt of profits or gains from an office or employment held or exercised outside the State, such profits or gains shall be deemed to be emoluments within the meaning of subsection (1) if such profits or gains –

(a)are chargeable to tax in the country in which they arise,

(b)on payment by the person making such payment, are subject to a system of tax deduction similar in form to that provided for in Chapter 4 of Part 42,

(c)are chargeable to tax in the State on the full amount of such profits or gains under Schedule D, and

(d)if the office or employment was held or exercised in the State and the person was resident in the State, would be emoluments within the meaning of that subsection.

(4)Where, for any year of assessment, a claimant proves that his or her total income for the year consists in whole or in part of emoluments (including, in a case where the claimant is a married person or a civil partner assessed to tax in accordance with section 1017, or a civil partner assessed to tax in accordance with section 1031C, any emoluments of the claimant’s spouse or civil partner deemed to be income of the claimant by that section for the purposes referred to in that section) the claimant shall be entitled to a tax credit (to be known as the ’employee tax credit’) of –

(a)where the emoluments (but not including, in the case where the claimant is a married person or a civil partner so assessed, the emoluments, if any, of the claimant’s spouse or civil partner) arise to the claimant, the lesser of an amount equal to the appropriate percentage of the emoluments and €1,875, and

(b)where, in a case where the claimant is a married person or a civil partner so assessed, the emoluments arise to the claimant’s spouse or civil partner, the lesser of an amount equal to the appropriate percentage of the emoluments and €1,875.

(5)Where a tax credit is due under this section by virtue of subsection (2), it shall be given by means of repayment of tax.

472A. Relief for the long-term unemployed.
As of 1 July 2013 this text has ceased
(1)

(a)In this section –

”the Act of 2005” means the Social Welfare Consolidation Act 2005;

”continuous period of unemployment” has the meaning assigned in section 141(3) of the Act of 2005;

”director” and ”proprietary director” have the same meanings, respectively, as in section 472;

”emoluments” has the same meaning as in subsection (1)(a) of section 472 and, in relation to the exclusions from that definition, subsection (2) of that section shall apply accordingly;

”employment” means an office or employment of profit such that any emoluments of the office or employment of profit are to be charged to tax under Schedule E;

”employment scheme” means a scheme or programme which provides for the payment in respect of an employment to an employer or an employee of a grant, subsidy or other such payment funded wholly or mainly, directly or indirectly, by the State or by any board established by statute or by any public or local authority;

”qualifying child”, in relation to a claimant and a year of assessment, has the same meaning as in section 462, and the question of whether a child is a qualifying child shall be determined on the same basis as it would be for the purposes of section 462, and subsections (4) and (5) of that section shall apply accordingly;

”qualifying employment” means an employment which –

(i)commences on or after 6 April 1998 and before such day as the Minister for Finance may by order appoint,

(ii)is of at least 30 hours duration per week, and

(iii)is capable of lasting at least 12 months,

but does not include –

(I)an employment from which the previous holder was unfairly dismissed,

(II)an employment with a person who, in the 26 weeks immediately prior to the commencement of an employment by a qualifying individual, has reduced, by way of redundancy, the number of employees in such person’s trade or profession, or

(III)an employment in respect of which more than 75 per cent of the emoluments therefrom arise from commissions;

”qualifying individual” means an individual who commences a qualifying employment and who –

(i)

(I)immediately prior to the commencement of that qualifying employment has been unemployed throughout the period of 12 months immediately preceding the commencement of the employment and, in respect of that period of unemployment, is entitled to credited contributions in accordance with section 33 of the Act of 2005 and regulations made under that section or has been in receipt of –

(A)unemployment benefit under Chapter 12 of Part 2 of the Act of 2005, in respect of a continuous period of unemployment of not less than 312 days, or

(B)unemployment assistance under Chapter 2 of Part 3 of the Act of 2005, in respect of a continuous period of unemployment of not less than 312 days, or

(C)one-parent family payment under Chapter 7 of Part 3 of the Act of 2005, in respect of a continuous period of unemployment of not less than 312 days, or

(II)is in any other separate category of persons approved of for the purposes of this section by the Minister for Social, Community and Family Affairs with the consent of the Minister for Finance,

and

(ii)was not previously a qualifying individual for the purposes of this section;

”unemployment payment” means a payment of unemployment benefit or unemployment assistance payable under the Social Welfare Acts.

(b)For the purposes of the definition of ‘qualifying individual’ –

(i)any period of –

(I)attendance at a non-craft training course provided or approved of by An Foras Áiseanna Saothair,

(II)participation in a programme administered by An Foras Áiseanna Saothair and known as the Community Employment Scheme,

(III)participation in a programme administered by An Foras Áiseanna Saothair and known as the Job Initiative,

(IV)participation in, or participation in or attendance at, an activity to which paragraph (h) or (i), respectively, of section 141(6) of the Social Welfare Consolidation Act 2005, relates,

shall be deemed to be a period of unemployment for the purposes of this section, and

(ii)any payment in respect of a period of attendance at, or participation in, an activity, programme or scheme mentioned in subparagraph (i) shall be deemed to be an unemployment payment for the purposes of this section if the qualifying individual concerned was in receipt of an unemployment payment immediately prior to the commencement of such period, and

(iii)every Sunday in any period of consecutive days shall not be treated as a day of unemployment and shall be disregarded in computing any such period.

(2)Subject to the provisions of this section, where an individual proves that he or she is a qualifying individual, he or she shall, in relation to the 3 years of assessment commencing with either –

(a)the year of assessment in which a qualifying employment commences, or

(b)by election made by him or her in writing to the inspector, the year of assessment following the year of assessment in which the qualifying employment commences,

be entitled, in computing the amount of his or her taxable income, to have a deduction made from so much of his or her total income as is attributable to emoluments from that qualifying employment as follows:

(i)for the first of those 3 years, €3,810,

(ii)for the second of those 3 years, €2,540, and

(iii)for the third of those 3 years, €1,270.

(3)

(a)Subject to the provisions of paragraphs (b) and (c), where a qualifying individual who is entitled to a deduction under subsection (2) for one or more of the 3 years of assessment referred to in that subsection proves that, for one or more of those years, a qualifying child is resident with him or her for the whole or part of the year, he or she shall, in respect of each of the 3 years referred to in subsection (2) in relation to which he or she so proves, be entitled, in computing the amount of his or her taxable income, to have a deduction made from so much of his or her total income as is attributable to emoluments from the qualifying employment as follows:

(i)for the first of those 3 years, €1,270 in respect of each qualifying child,

(ii)for the second of those 3 years, €850 in respect of each qualifying child, and

(iii)for the third of those 3 years, €425 in respect of each qualifying child.

(b)Only one deduction of €1,270, €850 and €425 shall be allowed in respect of each qualifying child.

(c)Where for a year of assessment, 2 or more qualifying individuals would but for this paragraph be entitled under this section to relief in respect of the same qualifying child, the following provisions shall apply:

(i)the amount of the deduction to be granted for that year in respect of the qualifying child will be the amount due under paragraph (a) subject to the provisions of paragraph (b),

(ii)where the qualifying child is maintained by only one of the qualifying individuals concerned, that individual shall be entitled to claim the deduction,

(iii)where the qualifying child is maintained jointly by one or more qualifying individuals, the deduction due for the year of assessment in respect of the child shall be apportioned between the qualifying individuals who contribute to the maintenance of the child –

(I)in the same proportion as each maintains the child, or

(II)in such manner as they jointly notify in writing to the inspector;

(iv)in ascertaining for the purposes of this subsection whether a qualifying individual maintains a qualifying child, any payment made by that individual for or towards the maintenance of the child which the individual is entitled to deduct in computing his or her total income for the purposes of the Income Tax Acts shall be deemed not to be a payment for or towards the maintenance of the child.

(4)Where, within the 3 years mentioned in subsection (3), the qualifying employment (in this subsection referred to as ‘the first-mentioned employment’) in respect of which the qualifying individual is entitled to a deduction under subsection (2) ceases, the qualifying individual shall be entitled to have so much of the deductions mentioned in subsections (2) and (3) as cannot be set against his or her emoluments from the first-mentioned employment carried forward and set against the emoluments from his or her next, and only next, qualifying employment, but the deduction for any year of assessment to be set against the emoluments from either or both qualifying employments shall not exceed the deductions due under subsections (2) and (3) for that year.

(5)

(a)The deductions mentioned in subsections (2) and (3) shall not be due if the qualifying individual, or his or her employer, is benefiting, or has benefited, in respect of the qualifying employment in respect of which a claim under this section is made, under an employment scheme, whether statutory or otherwise.

(b)For the purposes of the definition of an employment scheme, an activity, programme or course mentioned in subsection (1)(b)(i) shall be deemed not to be an employment scheme.

(6)Any claim for relief under this section –

(a)shall be made in such form as the Revenue Commissioners may from time to time provide, and

(b)shall contain such information and be accompanied by such statement in writing as may be indicated in the said form as the Revenue Commissioners may reasonably require for the purposes of the section.

(7)This section shall cease to have effect in respect of all claims relating to emoluments from an employment commencing on or after such day as the Minister for Finance may by order appoint.

472AA.

Relief for long-term unemployed starting a business.

(1)In this section –

‘Act of 2005’ means the Social Welfare Consolidation Act 2005;

‘basis period’, in relation to a year of assessment, means the period on the profit or gains of which income tax for the year of assessment is to be finally computed under the Income Tax Acts;

‘continuous period of unemployment’ has the meaning assigned to it in section 141(3) of the Act of 2005;

‘crediting contribution’ means a crediting contribution provided for by regulations made under section 33 of the Act of 2005;

‘new business’ means a trade or profession which is set up and commenced by a qualifying individual during the period beginning on 25 October 2013 and ending on 31 December 2018, other than a trade or profession –

(a)which was previously carried on by another person and to which the qualifying individual has succeeded, or

(b)the activities of which were previously carried on as part of another person’s trade or profession;

‘qualifying individual’ means an individual who commences a new business and –

(a)who –

(i)has been continuously unemployed for the period of 12 months immediately preceding the commencement of that business, and in respect of that period of unemployment, was entitled to crediting contributions, or

(ii)in respect of a continuous period of unemployment of not less than 312 days immediately preceding the commencement of that business, has been in receipt of –

(I)jobseeker’s benefit under Chapter 12 of Part 2 of the Act of 2005,

(II)jobseeker’s allowance under Chapter 2 of Part 3 of the Act of 2005,

(III)one-parent family payment under Chapter 7 of Part 3 of the Act of 2005, or

(IV)partial capacity payment under Chapter 8A of Part 2 of the Act of 2005,

and

(b)who was not previously a qualifying individual for the purposes of this section;

‘qualifying period’ means a period of 24 months beginning on the date the qualifying individual commenced a new business;

‘unemployment payment’ means a payment of jobseeker’s benefit or jobseeker’s allowance payable under the Social Welfare Acts.

(2)For the purposes of the definition of ‘qualifying individual’ in subsection (1) –

(a)any period where an individual is in attendance at, or participating in, a scheme or programme of employment or work experience, or a course of education, training or development, where such a scheme, programme or course is approved for the purposes of this paragraph by the Minister for Social Protection or the Minister for Education and Skills, with the consent of the Minister for Finance, shall be deemed to be part of a continuous period of unemployment for the purposes of this section,

(b)any payment in respect of a period of attendance at, or participation in, a scheme, programme or course mentioned in paragraph (a) shall be deemed to be an unemployment payment for the purposes of this section if the qualifying individual concerned was in receipt of an unemployment payment immediately prior to the commencement of such period, and

(c)any Sunday in any period of consecutive days shall not be treated as a day of unemployment and shall be disregarded in computing any such period.

(3)Subject to this section, where, on making a claim, an individual proves that he or she is a qualifying individual, he or she shall be entitled in any year of assessment falling wholly or partly within the qualifying period to deduct from or set off against the profits or gains of the new business, on which that individual is assessed under Case I or Case II of Schedule D, an amount equal to the amount referred to in subsection (4).

(4)The amount to which subsection (3) refers is an amount equal to the lesser of-

where-

Ais the profit or gains of the new business which would, but for this section, be charged to tax in the year of assessment,

Bis the number of months or fractions of months within the year of assessment which fall within the qualifying period, and

Cis the number of months or fractions of months in the basis period for the year of assessment.

(5)Notwithstanding any other provision of the Tax Acts, effect shall be given to a deduction or set-off under subsection (4) in priority to any relief under section 382 and any allowance made in respect of the new business in accordance with Part 9.

(6)Where a qualifying individual commences 2 or more new businesses, the total deduction available under this section shall not exceed €40,000 for a year of assessment.

(7)Notwithstanding any other provision of the Tax Acts, an individual who makes a claim under this section shall be a chargeable person within the meaning of section 959A.

472AB.

Earned income tax credit.

(1)In this section –

‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

‘qualifying earned income’ means earned income but does not include emoluments within the meaning of section 472.

(2)Subject to subsection (3), where, for any year of assessment, a claimant proves that his or her total income for the year consists in whole or in part of qualifying earned income (including, in a case where the claimant is a married person assessed to tax in accordance with section 1017, or a civil partner assessed to tax in accordance with section 1031C, any qualifying earned income of the claimant’s spouse or civil partner deemed to be income of the claimant by either of those sections for the purposes referred to in the relevant section) the claimant shall be entitled to a tax credit (to be known as the ‘earned income tax credit’) of –

(a)where the qualifying earned income (but not including, in the case where the claimant is a married person or a civil partner so assessed, the qualifying earned income, if any, of the claimant’s spouse or civil partner, as the case may be) arises to the claimant, the lesser of an amount equal to the appropriate percentage of the qualifying earned income and €1,875, and

(b)where, in a case where the claimant is a married person or a civil partner so assessed, the qualifying earned income arises to the claimant’s spouse or civil partner, as the case may be, the lesser of an amount equal to the appropriate percentage of the qualifying earned income and €1,875.

(3)Where the claimant is entitled to –

(a)employee tax credit in accordance with subsection (4)(a) of section 472 and earned income tax credit under paragraph (a) of subsection (2), the aggregate of those tax credits shall not exceed €1,875, and

(b)employee tax credit in accordance with subsection (4)(b) of section 472 and earned income tax credit under paragraph (b) of subsection (2), the aggregate of those tax credits shall not exceed €1,875.

472B.

Seafarer allowance, etc.

(1)In this section –

”authorised officer” has the same meaning as in section 818;

”employment” means an office or employment of profit such that any emoluments of the office or employment of profit are to be charged to tax under Schedule D or Schedule E;

”international voyage” means a voyage beginning or ending in a port outside the State;

”Member State” means a member state of the European Communities;

”Member State’s Register” shall be construed in accordance with the Annex to the Official Journal of the European Communities (No. C205) of the 5th day of July, 1997;

”qualifying employment” means an employment, being an employment to which this section applies, the duties of which are performed wholly on board a sea-going ship on an international voyage;

”qualifying individual” means an individual who –

(a)holds a qualifying employment, and

(b)has entered into an agreement (known as ‘articles of agreement’) with the master of that ship;

”sea-going ship” means a ship which –

(a)is registered –

(i)in a Member State’s Register, or

(ii)in a register, governed by the law of the United Kingdom, that, having regard to the purposes that a Member State’s Register serves, is at least equivalent to a Member State’s Register,

and

(b)is used solely for the trade of carrying by sea passengers or cargo for reward,

but does not include a fishing vessel.

(2)For the purposes of this section –

(a)an individual shall be deemed to be absent from the State for a day if the individual is absent from the State at the end of the day, and

(b)a port outside the State shall be deemed to include a mobile or fixed rig, platform or installation of any kind in any maritime area.

(3)

(a)Subject to paragraph (b), this section shall apply to an employment other than –

(i)an employment the emoluments of which are paid out of the revenue of the State, or

(ii)an employment with any board, authority or other similar body established in the State by or under statute.

(b)This section shall not apply in any case where the income from an employment –

(i)is chargeable to tax in accordance with section 71(3), or

(ii)is income to which section 822 applies.

(4)Where for any year of assessment an individual resident in the State makes a claim in that behalf to an authorised officer and satisfies that officer that he or she is a qualifying individual and that he or she was absent from the State for at least 125 days, or such greater number of days as the Minister for Finance, after consultation with the Minister for the Marine and Natural Resources, may from time to time, by order made for the purposes of this subsection, substitute for that number of days (or, as the case may be, for the number of days substituted by the last previous order under this subsection), in that year for the purposes of performing the duties of a qualifying employment, he or she shall be entitled, in computing the amount of his or her taxable income, to have a deduction of €6,350 made from so much, if any, of his or her total income as is attributable to the income, profits or gains from the qualifying employment.

(4A)

(a)Notwithstanding subsection (4), but subject to paragraph (b) –

(i)as respects the year of assessment 2001, the reference in that subsection to “125 days” shall be construed as a reference to “119 days”, and

(ii)as respects the year of assessment 2002 and subsequent years of assessment, the reference in that subsection to “169 days” shall be construed as a reference to “161 days”.

(b)Paragraph (a) shall come into operation on such day as the Minister for Finance may by order appoint.

(5)Where, for a year of assessment, an individual claims a deduction under this section, he or she shall not be entitled to a deduction under section 823.

(6)For the purposes of the definition of ‘qualifying employment’ in this section, any duties of the employment not performed on board a sea-going ship on an international voyage, the performance of which is merely incidental to the performance of the duties of the employment on board a sea-going ship on an international voyage, shall be treated for the purposes of that definition as having been performed on board the sea-going ship.

472BA.

Fisher tax credit.

(1)In this section –

‘aquaculture animal’ means an aquatic animal at all its life stages, including eggs, sperm and gametes, reared in a farm or mollusc farming area, including an aquatic animal from the wild intended for a farm or mollusc farming area;

‘day at sea’ means a cumulative period of 8 hours within any 24 hour period during which the fisher undertakes fishing voyages;

‘fisher’ means any person engaging in fishing on board a fishing vessel;

‘fishing vessel’ means a vessel which is –

(a)registered on the European Community Fishing Fleet Register in accordance with Commission Regulation (EC) No. 26/2004 of 30 December 2003 or on the register kept by the United Kingdom that is at least equivalent to the national fishing fleet register that is required to be kept by each Member State, and

(b)is used solely for the purposes of sea-fishing,

but does not include a vessel that is engaged in fishing or dredging solely for scientific, research or training purposes;

‘fishing voyage’ means a fishing trip commencing with a departure from a port for the purpose of fishing, and ending with the first return to a port thereafter upon the conclusion of the trip, but a return due to distress only shall not be deemed to be a return if it is followed by a resumption of the trip;

‘sea-fish’ means fish of any kind found in the sea, whether fresh or in other condition, including crustaceans and molluscs, but does not include salmon, fresh water eels or aquaculture animals;

‘sea-fishing’ means fishing for or taking sea-fish.

(2)Where for a year of assessment an individual to whom this section applies has spent not less than 80 days at sea actively engaged in sea-fishing, he or she shall be entitled to a tax credit (to be known as the ‘fisher tax credit’) of €1,270.

(3)Where for a year of assessment an individual makes a claim under this section, relief shall not be given under section 472B for that year of assessment.

(4)This section applies to an individual, resident in the State –

(a)the profits or gains of whom in relation to their trade as a fisher are charged to tax under Schedule D, or

(b)the emoluments of whom in relation to their employment as a fisher are charged to tax under Schedule E.

472BB. Sea-going naval personnel credit.
(1)In this section –

“day at sea” means a cumulative period of 8 hours within any 24-hour period on patrol at sea on board a naval vessel;

“naval vessel” means a naval patrol vessel owned by the Minister for Defence;

“qualifying individual” means a permanent member of the Irish Naval Service who has spent at least 80 days at sea in a relevant period performing the duties of his or her employment;

“relevant period”, in relation to a year of assessment, means the immediately preceding year of assessment.

(2)Where for the year of assessment 2020 an individual is a qualifying individual –

(a)he or she shall be entitled to a tax credit (to be known as the ‘sea- going naval personnel credit’) of €1,270, and

(b)relief shall not be given under section 472B or 472BA in respect of that year.

(3)Where for the year of assessment 2021, 2022, 2023 or 2024 an individual is a qualifying individual –

(a)he or she shall be entitled to a sea-going naval personnel credit of €1,500 in relation to that year of assessment, and

(b)relief shall not be given under section 472B or 472BA in respect of that year.

472C. Relief for trade union subscriptions.
As of 1 January 2011 this text has been ceased
(1)In this section –

”appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

”specified amount”, in relation to an individual for a year of assessment, means €350;

”trade union” means a body which is either –

(a)the holder of a negotiation licence under the Trade Union Act, 1941,

(b)an excepted body within the meaning of section 6 of that Act as amended by the Trade Union Act, 1942,

(c)a garda representative body established under the Garda Síochána Act, 1977, namely –

(i)the association known as the Association of Garda Sergeants and Inspectors established under regulation 5(1) of the Garda Síochána (Associations) Regulations, 1978 (S.I. No. 135 of 1978),

(ii)the association known as the Garda Representative Association established under regulation 4(1) of the Garda Síochána (Associations) Regulations, 1978,

(iii)the association known as the Association of Garda Superintendents established under regulation 4(1) of the Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations, 1987 (S.I. No. 200 of 1987),

(d)a Defence Forces representative body established under section 2 of the Defence (Amendment) Act, 1990, and regulations pursuant to that Act.

(2)Where an individual is a member of a trade union at any time in a year of assessment (being the year of assessment 2001 or a subsequent year of assessment), the income tax to be charged on the individual or, in the case of an individual whose spouse is assessed to tax in accordance with the provisions of section 1017, the individual’s spouse, for the year of assessment, other than in accordance with section 16(2), shall, subject to the following provisions of this section, be reduced by the lesser of –

(a)the appropriate percentage of the specified amount, or

(b)the amount which reduces that income tax to nil.

(3)Notwithstanding subsection (2), the relief (if any) to which an individual is entitled under this section for the year of assessment 2001 shall, in addition to the relief (if any) to which the individual is entitled for the year of assessment 2002, be allowed to the individual in accordance with the provisions of subsection (2), in respect of the income tax to be charged on the individual for the year of assessment 2002.

(4)Relief under this section shall be allowed in priority to relief under any of the other provisions mentioned in the Table to section 458.

(5)Where the relief (if any) to which an individual is entitled under this section in respect of income tax to be charged on the individual for the year of assessment 2001 is not wholly allowed to the individual in respect of the income tax to be charged on the individual for the year of assessment 2002 owing to an insufficiency of total income of the individual in that year of assessment, the portion of the relief not so allowed shall be allowed to the individual in respect of the income tax to be charged on the individual for the year of assessment 2001 such relief being limited to the lesser of –

(a)the portion of the relief not so allowed, and

(b)the relief which reduces that income tax to nil.

(6)If an individual is a member of more than one trade union, either at the same time or at different times in a year of assessment, the individual shall be treated, for the purposes of the relief under this section, as if the individual were a member of one trade union only in that year of assessment.

(7)

(a)Notwithstanding the provisions of any other enactment –

(i)an employer of individuals entitled to relief under this section, or

(ii)a trade union of which such individuals are or were members,

may on receipt of a request from the Revenue Commissioners furnish to them either directly or indirectly the following information, to the extent that such information is in their possession, in relation to any such individual –

(I)the name and address of the individual,

(II)the name of the trade union of which the individual is a member,

(III)the Personal Public Service Number of the individual, and

(IV)the name and address of the employer of the individual.

(b)A return by an employer or a trade union under paragraph (a) shall, unless the Revenue Commissioners otherwise direct, be in an electronic format approved by the Revenue Commissioners.

(7A)Notwithstanding the provisions of any other enactment, where trade union subscriptions of employees of an employer are deducted by the employer from the emoluments of those employees and remitted to the trade union concerned, the employer may, for the purposes of enabling that trade union to make a return under the provisions of subsection (7) and for that purpose only, on receipt of a request in that behalf from the trade union furnish to the trade union the names and the Personal Public Service Numbers of the employees who are members of that trade union, and only those employees, from whose emoluments those deductions have been made.

(8)

(a)The information referred to in subsection (7)(a) shall be used by the Revenue Commissioners for the purposes of facilitating the granting of relief under this section and shall be used for no other purpose.

(b)The provisions of section 872 shall not apply or have effect in relation to such information.

(9)This section ceases to have effect for the year of assessment 2011 and each subsequent year of assessment.

472D.

Relief for key employees engaged in research and development activities.

(1)In this section –

“associated company”, in relation to a relevant employer, means a company which is that employer’s associated company within the meaning of section 432;

“control” has the same meaning as in section 432;

“emoluments” has the same meaning as in Chapter 4 of Part 42;

“key employee” means an individual –

(a)who –

(i)is not, and has not been, a director of his or her employer or an associated company and is not connected to such a director,

(ii)does not, and did not, have a material interest in his or her employer or an associated company and is not connected to a person who has such a material interest, and

(iii)in the accounting period for which his or her employer was entitled to claim relief under section 766(2) or section 766C(1), performed 50 per cent or more of the duties of his or her employment in the conception or creation of new knowledge, products, processes, methods or systems,

and

(b)50 per cent or more of the cost of whose emoluments that arise from his or her employment with that relevant employer qualify as expenditure on research and development under section 766(1)(a) in the accounting period referred to in paragraph (a)(iii);

“material interest”, in relation to a company, means the beneficial ownership of or ability to control, directly or through the medium of a connected company or connected companies or by any other indirect means, more than 5 percent of the ordinary share capital of the company;

“ordinary share capital”, in relation to a company, means all the issued share capital (by whatever name called) of the company;

“relevant emoluments” means emoluments paid by a relevant employer to a key employee;

“relevant employer” means a company that is entitled to relief under section 766(2) or section 766C(1) and that employs a key employee;

“tax year” means a year of assessment for income tax purposes.

(2)

(a)Where, as respects an accounting period, a relevant employer surrenders an amount under section 766(2A) or section 766C(2) for the benefit of a key employee, then subject to subsection (3), on the making of a claim, that employee shall be entitled for a tax year to have the income tax charged on his or her relevant emoluments for that tax year reduced by the amount surrendered.

(b)The tax year referred to in paragraph (a) is the tax year following the tax year during which the accounting period, referred to in that paragraph, of the relevant employer ends.

(c)Notwithstanding that, for the tax year for which a claim is made under this section, an employee is no longer a key employee of the company that surrendered an amount referred to in paragraph (a) but is an employee of that company, then he or she shall be entitled to have the income tax charged on emoluments from that company for that tax year reduced by the amount so referred to.

(3)

(a)Notwithstanding subsection (2), the amount surrendered under section 766(2A) or section 766C(2) shall not for any tax year reduce the amount of income tax payable on the total income of the employee concerned or, where section 1017 or 1019 applies, on the total income of his or her spouse or his or her civil partner to not less than the income tax that would be charged if such total income were charged to income tax at a rate of 23 per cent.

(b)Paragraph (a) also applies where –

(i)paragraph (a) or (b) of subsection (4) applies, or

(ii)subsection (2) and paragraph (a) or (b) of subsection (4) apply for the same tax year.

(4)

(a)Where, by virtue of subsection (3), part of the amount surrendered under section 766(2A) or section 766C(2) by a relevant employer to a key employee cannot be used by that employee to reduce the income tax charged on his or her emoluments from that employer for the tax year referred to in subsection (2) (b), that employee shall be entitled to have the income tax charged on his or her emoluments from that employer for the next tax year reduced by that part.

(b)If and so far as any part of the amount surrendered by a relevant employer under section 766(2A) or section 766C(2) to a key employee carried forward under paragraph (a) to the next tax year cannot be used in that next tax year, then it may be used in the next following tax year and so on for each succeeding tax year until the full amount of that part has been used or until the key employee referred to in paragraph (a) ceases to be an employee of the relevant employer that surrendered the amount under section 766(2A) or section 766C(2).

(5)The amount that a relevant employer is entitled to surrender, and so surrenders, under section 766(2A) or section 766C(2) to a key employee is exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.

(6)No reduction in income tax shall be given under this section for any tax year unless all tax deductible for that tax year from emoluments paid by the employer to the employee to whom the amount was surrendered has been remitted by that employer to the Collector-General in accordance with regulations made under Chapter 4 of Part 42.

(7)[deleted]

(8)[deleted]

(9)Where for a tax year, an individual makes a claim for relief under this section or has the income tax charged on his or her emoluments reduced as a consequence of a claim under this section, the individual shall, notwithstanding anything to the contrary in Part 41A or section 1084, be deemed for that tax year to be a chargeable person for the purposes of Part 41A.

473. Allowance for rent paid by certain tenants.
(1)In this section –

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“residential premises” means property held under a tenancy, being –

(a)a building or part of a building used or suitable for use as a dwelling, and

(b)land which the occupier of a building or part of a building used as a dwelling has for his or her own occupation and enjoyment with the building or part of a building as its garden or grounds of an ornamental nature;

“rent” includes any periodical payment in the nature of rent made in return for a special possession of residential premises or for the use, occupation or enjoyment of residential premises, but does not include so much of any rent or payment as –

(a)is paid or made to defray the cost of maintenance of or repairs to residential premises for which in the absence of agreement to the contrary the tenant would be liable,

(b)relates to the provision of goods or services,

(c)relates to any right or benefit other than the bare right to use, occupy and enjoy residential premises, or

(d)is the subject of a right of reimbursement or a subsidy from any source enjoyed by the person making the payment, unless such reimbursement or subsidy cannot be obtained;

“specified limit”, in relation to an individual for a year of assessment specified in column (1) of the Table to this definition, means –

(a)in the case of –

(i)a married person assessed to tax in accordance with section 1017, or a civil partner assessed to tax in accordance with section 1031C, or

(ii)a widowed person or a surviving civil partner,

the corresponding amount specified in column (2) of the Table to this definition; but, if at any time during the year of assessment the individual was of the age of 55 years or over, ‘specified limit’ means the corresponding amount specified in column (3) of the Table to this definition, and

(b)in any other case, the corresponding amount specified in column (4) of the Table to this definition; but, if at any time during the year of assessment the individual was of the age of 55 years or over, ‘specified limit’ means the corresponding amount specified in column (5) of the Table to this definition;

Table

(1)

(2)

(3)

(4)

(5)

€

2011

3,200

6,400

1,600

3,200

2012

2,400

4,800

1,200

2,400

2013

2,000

4,000

1,000

2,000

2014

1,600

3,200

800

1,600

2015

1,200

2,400

600

1,200

2016

800

1,600

400

800

2017

400

800

200

400

2018

“tenancy” includes any contract, agreement or licence under or in respect of which rent is paid, but does not include –

(a)a tenancy which apart from any statutory extension is a tenancy for a freehold estate or interest or for a definite period of 50 years or more,

(b)a tenancy in relation to which the person beneficially entitled to the rent is a Minister of the Government, the Commissioners of Public Works in Ireland or a housing authority for the purposes of the Housing Act, 1966, or

(c)a tenancy in relation to which an agreement or provision exists under which the rent paid or part of it is or may be treated as consideration or part consideration, in whatever form, for the creation of a further or greater estate, tenancy or interest in the residential premises concerned or in any other property.

(1A)

(a)This section shall not apply as respects rent paid on or after 8 December 2010.

(b)Notwithstanding paragraph (a), this section shall continue to apply for the year of assessment 2010 and each subsequent year of assessment up to and including the year of assessment 2017 in respect of rent paid by a tenant who on 7 December 2010 is paying rent under a tenancy.

(2)Where an individual (in this section referred to as the ‘claimant’) proves that in the year of assessment he or she has made a payment on account of rent in respect of residential premises which, during the period in respect of which the payment was made, was his or her main residence, the income tax to be charged on the claimant, other than in accordance with section 16(2), for that year of assessment shall be reduced by an amount which is the least of –

(a)the amount equal to the appropriate percentage of the aggregate of such payments proved to be so made,

(b)the appropriate percentage of the specified limit in relation to the claimant for the year of assessment, and

(c)the amount that reduces that income tax to nil.

(3)For the purposes of this section, where a claimant is a married person assessed to tax for the year of assessment in accordance with section 1017, or a civil partner assessed to tax for the year of assessment in accordance with section 1031C, any payments made by the claimant’s spouse or civil partner, in respect of which that spouse would have been entitled to relief under this section if he or she were assessed to tax for the year of assessment in accordance with section 1016 (apart from subsection (2) of that section) or section 1031B (apart from subsection (2) of that section), shall be deemed to have been made by the claimant.

(4)

(a)Where a payment is made partly on account of rent and partly on account of anything which is not rent, such apportionment of the payment shall be made as is necessary in order to determine for the purposes of this section the amount paid on account of rent.

(b)Any apportionment required by this subsection shall be made by the inspector according to the best of his or her knowledge and judgment.

(5)Where a payment on account of rent is made in respect of any period, that payment shall be deemed for the purposes of this section to be made in the year in which the period falls; but, if the period falls partly in one year and partly in another year, the amount of the payment made in respect of that period shall be apportioned to each year in the proportion which the part of the period falling in that year bears to the whole of the period, and the amount so apportioned to a year shall be deemed for the purposes of this section to be paid in that year.

(6)

(a)Any claim for relief under this section in respect of rent paid in a year of assessment shall be accompanied by –

(i)a certificate and statement, in a form prescribed by the Revenue Commissioners, signed by the claimant setting out –

(I)the name, address and income tax reference number of the claimant,

(II)the name, address and, as may be appropriate, the income tax or corporation tax reference number of the person or body of persons beneficially entitled to the rent under the tenancy under which the rent was paid,

(III)the postal address of the premises in respect of which the rent was paid, and

(IV)full particulars of the tenancy under which the rent was paid,

and

(ii)a receipt or acknowledgement in respect of such rent given in accordance with subsection (8).

(b)Failure to furnish any of the particulars mentioned in paragraph (a)(i) or failure to furnish a receipt or acknowledgement mentioned in paragraph (a) (ii) shall be grounds for refusal of the claim; but –

(i)the inspector may waive the requirement at paragraph (a)(i)(II) on receipt of satisfactory proof that the claimant’s inability to comply with that requirement is bona fide, and

(ii)the inspector may waive the requirements at paragraph (a)(ii) on receipt of satisfactory proof of the total rent paid in the relevant period and on being furnished with the name and address of the person or body of persons to whom it was paid.

(7)

A claimant aggrieved by a decision of the inspector in relation to a claim for relief by that claimant may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision.

(8)

(a)Where a person (in this subsection referred to as “the tenant”) who is entitled to relief under this section for a year of assessment, or who has reason to believe that he or she may be so entitled, requests a receipt or acknowledgement of the rent paid by him or her in that year, the person or body of persons beneficially entitled to the rent shall, within 7 days from the date of the request, give to the tenant a receipt or acknowledgement of the rent paid by the tenant in that year of assessment.

(b)Any receipt or acknowledgement given in accordance with this subsection shall be in writing and shall contain –

(i)the name and address of the tenant,

(ii)the name, address and, as may be appropriate, the income tax or corporation tax reference number of the person or body of persons giving the receipt or acknowledgement, and

(iii)the amount of the rent paid in the year of assessment and the period within that year in respect of which it is paid.

(9)

(a)The Revenue Commissioners may make regulations, for the purpose of giving effect to this section, with respect to the allowance granted by this section, or to any matter ancillary or incidental thereto, or, in particular and without prejudice to the generality of the foregoing, to provide for –

(i)the proof by a claimant of a payment on account of rent,

(ii)the disclosure of information by a person in receipt of a payment on account of rent,

(iii)the maintenance of records and the production to and inspection by persons authorised by the Revenue Commissioners of such records and the taking by such persons of copies of or of extracts from such records, and

(iv)appeals with respect to matters arising under the regulations which would not otherwise be the subject of an appeal.

(10)Any relief under this section shall be in substitution for and not in addition to any relief to which the claimant might be entitled in respect of the same payment under any other provision of the Income Tax Acts.

473A. Relief for fees paid for third level education, etc.
(1)In this section –

”academic year”, in relation to an approved course, means a year of study commencing on a date not earlier than the 1st day of August in a year of assessment;

”appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

”approved college”, in relation to a year of assessment, means –

(a)a college or institution of higher education in the State which –

(i)provides courses to which a scheme or schemes of grants approved by the Minister under the Student Support Act 2011, applies, or

(ii)operates in accordance with a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister, and which the Minister approves for the purposes of this section;

(b)any university or similar institution of higher education in a Member State of the European Union (other than the State) or in the United Kingdom which –

(i)is maintained or assisted by recurrent grants from public funds of that or any other Member State of the European Union (including the State) or of the United Kingdom, or

(ii)is a duly accredited university or institution of higher education in the Member State in which it is situated or in the United Kingdom where it is situated in the United Kingdom;

(c)a college or institution in another Member State of the European Union or in the United Kingdom providing distance education in the State, which –

(i)provides courses to which a scheme or schemes of grants approved by the Minister under the Student Support Act 2011, applies, or

(d)any university or similar institution of higher education in any country (including the United Kingdom), other than the State or a Member State of the European Union which –

(i)is maintained or assisted by recurrent grants from public funds of that country, or

(ii)is a duly accredited university or institution of higher education in the country in which it is situated;

”approved course” means –

(a)a full-time or part-time undergraduate course of study provided by a college to which paragraph (a), (b) or (c) of the definition of ‘approved college’ relates which –

(i)is of at least 2 academic years’ duration, and

(ii)in the case of a course provided by a college to which paragraph (a)(ii) or (c)(ii) of the definition of ‘approved college’ relates, the Minister, having regard to a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister in relation to the quality of education to be offered on such approved course, approves of for the purposes of this section;

(b)a postgraduate course of study leading to a postgraduate award, based on a thesis or on the results of an examination or both, in an approved college –

(i)of not less than one academic year, but not more than 4 academic years, in duration,

(ii)that requires an individual, undertaking the course, to have been conferred with a degree or an equivalent qualification, and

(iii)that, in the case of a course provided by a college to which paragraph (a)(ii) of the definition of ‘approved college’ relates, the Minister, having regard to any code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister in relation to the quality of education to be offered on such approved course, approves for the purposes of this section;

”the Minister” means the Minister for Education and Science;

”qualifying fees”, in relation to an approved course and an academic year, means the amount of fees chargeable in respect of tuition to be provided in relation to that course in that year which, with the consent of the Minister for Finance, the Minister approves of for the purposes of this section.

(2)Subject to this section, where an individual for a year of assessment proves that he or she has made a payment in respect of qualifying fees in respect of an approved course for the academic year in relation to that course commencing in that year of assessment, the income tax to be charged on the individual for that year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the aggregate of all such payments proved to be so made, and

(b)the amount which reduces that income tax to nil.

(3)In the case of an individual who is a married person assessed to tax for the year of assessment in accordance with section 1017, or a civil partner assessed to tax for the year of assessment in accordance with section 1031C, any payment in respect of qualifying fees made by the individual’s spouse or civil partner shall, except where section 1023 or 1031H applies, be deemed to have been made by the individual.

(4)For the purposes of this section, a payment in respect of qualifying fees shall be regarded as not having been made in so far as any sum in respect of, or by reference to, such fees –

(a)has been or is to be received, directly or indirectly, by the individual or, as the case may be, the person by whom the course is being, or was, undertaken, from any source whatever by means of grant, scholarship or otherwise, or

(b)is refunded or partly refunded by an approved college.

(4A)In any claim or claims for relief under this section made by an individual in respect of qualifying fees –

(a)where the qualifying fees, or part of the qualifying fees, the subject of the claim or claims concerned relate to a full-time course or full-time courses –

(i)for the year of assessment 2013 there shall be disregarded the first €2,500 or the full amount of those fees, whichever is the lesser,

(ii)for the year of assessment 2014 there shall be disregarded the first €2,750 or the full amount of those fees, whichever is the lesser, and

(iii)for the year of assessment 2015 and each subsequent year of assessment there shall be disregarded the first €3,000 or the full amount of those fees, whichever is the lesser,

(b)where all the qualifying fees the subject of the claim or claims concerned relate only to a part-time course or part-time courses –

(i)for the year of assessment 2013 there shall be disregarded the first €1,250 or the full amount of those fees, whichever is the lesser,

(ii)for the year of assessment 2014 there shall be disregarded the first €1,375 or the full amount of those fees, whichever is the lesser, and

(iii)for the year of assessment 2015 and each subsequent year of assessment there shall be disregarded the first €1,500 or the full amount of those fees, whichever is the lesser.

(5)

(a)Where the Minister is satisfied that an approved college, within the meaning of paragraph (a) (ii) or (c) (ii) of the definition of ‘approved college’, or an approved course in that college, no longer meets the appropriate code of standards laid down, the Minister may by notice in writing given to the approved college withdraw, with effect from the year of assessment following the year of assessment in which the notice is given, the approval of that college or course, as the case may be, for the purposes of this section.

(b)Where the Minister withdraws the approval of any college or course for the purposes of this section, notice of its withdrawal shall be published as soon as may be in Iris Oifigiúil.

(6)Any claim for relief under this section made by an individual in respect of fees paid to an approved college shall be accompanied by a statement in writing made by the approved college concerned stating each of the following, namely –

(a)that the college is an approved college for the purposes of this section,

(b)the details of the course undertaken,

(c)the duration of the course, and

(d)the amount of the fees paid in respect of the course.

(7)Where for the purposes of this section any question arises as to whether –

(a)a college is an approved college, or

(b)a course of study is an approved course,

the Revenue Commissioners may consult with the Minister.

(8)On or before 1 July in each year of assessment, the Minister shall furnish the Revenue Commissioners with full details of –

(a)all colleges and courses in respect of which approval has been granted and not withdrawn for the purposes of this section, and

(b)the amount of the qualifying fees in respect of each such course for the academic year commencing in that year of assessment.

(9)Where relief is given under this section to any individual in respect of a payment of qualifying fees, relief shall not be given under any other provision of the Income Tax Acts to that individual in respect of that payment.

(10)Where any fees that are the subject of a claim for relief under this section are refunded or partly refunded by an approved college, it shall be the duty of the individual by whom the claim is made to notify the Revenue Commissioners within 21 days of receipt of such refund that the refund has been received.

473B.

Rent tax credit.

(1)In this section –

‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

‘approved course’ has the same meaning as it has in section 473A;

‘child’ means a child of an individual, or a child of the individual’s spouse or civil partner, who has not attained the age of 23 years at the commencement of the year of assessment during which he or she first enters an approved course;

‘claimant’ has the meaning given to it in subsection (2);

‘landlord’, in relation to a residential property, means the person for the time being entitled to receive (otherwise than as agent for another person) any payment on account of rent paid under a tenancy in respect of the residential property;

‘payment on account of rent’ means a payment made in return for the special possession, use, occupation or enjoyment of a residential property, but does not include –

(a)any portion of such payment which has been, or is to be, reimbursed, or otherwise funded by way of a subsidy provided –

(i)to the claimant, or

(ii)where the claimant is assessed to tax in accordance with section 1017 or 1031C in the year of assessment, to his or her spouse or civil partner,

(b)any itemised payment relating to –

(i)the cost of maintenance of, or repairs to, the property,

(ii)the provision of goods or services relating to any right or benefit other than the bare right to special possession, use, occupation or enjoyment of the property, or

(iii)a security deposit paid on commencement of the tenancy;

‘PPS Number’, in relation to an individual, means the individual’s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

‘principal private residence’ means a residential property occupied by an individual as his or her sole residence;

‘qualifying payment’ means a payment made on account of rent falling due in a year of assessment, where such payment has been made under a tenancy;

‘relative’ means a lineal ascendent, lineal descendent, brother, sister, uncle, aunt, niece or nephew;

‘rent tax credit’ has the meaning given to it in subsection (2);

‘residential property’ means –

(a)a building or part of a building located in the State which is used or suitable for use as a dwelling, and

(b)adjoining land which the occupier of a building or part of a building has for his or her own occupation and enjoyment with the building or part of a building as its gardens or grounds of an ornamental nature;

‘specified amount’, in relation to a year of assessment, means –

(a)€5,000, in the case of an individual who is assessed to tax in accordance with section 1017 or 1031C in the year of assessment, and

(b)€2,500 in all other cases;

‘specified landlord’ means –

(a)a Minister of the Government,

(b)the Commissioners of Public Works in Ireland,

(c)a housing authority within the meaning of the Housing (Miscellaneous Provisions) Act 1992, or

(d)an approved housing body within the meaning of the Housing (Regulation of Approved Housing Bodies) Act 2019;

‘supported tenant’ means, in relation to a tenancy, an individual who is –

(a)in receipt of –

(i)payment of a supplement towards the amount of rent payable by the individual in respect of his or her residence payable in accordance with regulations made under section 198 of the Social Welfare Consolidation Act 2005,

(ii)housing assistance, within the meaning of Part 4 of the Housing (Miscellaneous Provisions) Act 2014, or

(iii)social housing support, within the meaning of the Housing (Miscellaneous Provisions) Act 2009

(b)residing in a residential property which has been designated as a cost rental dwelling within the meaning of Part 3 of the Affordable Housing Act 2021;

‘tax reference number’ means –

(a)in the case of an individual, his or her PPS Number, and

(b)in the case of a partnership or company, the reference number stated on any return of income, form or notice of assessment issued to the partnership or company, as the case may be, by the Revenue Commissioners;

‘tenancy’ means –

(a)any agreement, contract or lease which has been registered under Part 7 of the Residential Tenancies Act 2004, or

(b)any licence for the use, as a residence, of a room or rooms in an individual’s principal private residence, where –

(i)there is no obligation under Part 7 of the Residential Tenancies Act 2004 for such licence to be registered, and

(ii)the licence has been commenced with the consent of the landlord, but does not include any tenancy –

(I)which, apart from any statutory extension, is a tenancy for a freehold estate or interest or for a definite period of 50 years or more, or

(II)in which an agreement or provision exists under which any amount paid may be treated as consideration or part consideration, in whatever form, for the creation of a further or greater estate, tenancy or interest in the property concerned or any other property.

(2)An individual (referred to in this section as the ‘claimant’) who proves that during the year of assessment he or she made a qualifying payment in respect of a residential property used by him or her as his or her principal private residence in the period to which the payment relates and makes a claim in that regard shall be entitled to a tax credit (to be known as the ‘rent tax credit’) equal to the lesser of –

(a)an amount equal to the appropriate percentage of the aggregate qualifying payment made in that year of assessment,

(b)an amount equal to the appropriate percentage of the specified amount, and

(c)the amount which reduces the claimant’s income tax to nil.

(3)

(a)Where a qualifying payment is made in respect of a period which falls partly in one year of assessment and partly in another year of assessment, the amount of the qualifying payment made in respect of that period shall be apportioned to each year of assessment based on the proportion each part of the period bears to the period as a whole.

(b)Where an amount of the qualifying payment made has been apportioned to a year of assessment under paragraph (a), the amount shall be deemed for the purposes of this section to have been made in that year of assessment.

(4)Where a claimant is assessed to tax in accordance with section 1017 or 1031C in a year of assessment, any qualifying payment made by his or her spouse or civil partner in that year of assessment shall, for the purposes of this section, be deemed to have been made by the claimant.

(5)Where –

(a)a claimant, or

(b)in a case where subsection (4) applies, a claimant’s spouse or civil partner,

proves that he or she made a qualifying payment in respect of his or her use of a residential property, other than his or her principal private residence, as a residence to facilitate his or her attendance at or participation in his or her trade, profession, employment, office holding or an approved course during the period to which the qualifying payment relates, the claimant shall, upon making a claim in that regard, be entitled to the same rent tax credit as if the qualifying payment was made in respect of a residential property which was used by the claimant as his or her principal private residence.

(6)Notwithstanding subsection (2), this section shall not apply to a qualifying payment made in respect of a residential property –

(a)in any case where –

(i)the landlord is a specified landlord, or

(ii)the claimant is a supported tenant,

(b)subject to subsection (7), where the claimant is a relative of the landlord.

(6A)Notwithstanding anything in this section, where, in respect of a year of assessment –

(a)an individual is entitled, in respect of a residential property, to an allowance to which subsection (1), (1A) or (1B) of section 836 applies, or

(b)an individual is allowed, in accordance with section 836(2), a deduction under section 114 in respect of expenses in maintaining a residential property,

this section shall not apply to a qualifying payment made in that year in respect of that residential property.

(7)Notwithstanding subsection (6)(b), in a case where the claimant is a relative of the landlord concerned the relief provided for in this section shall apply where –

(a)the relationship between the claimant and the landlord is other than that of parent and child, or child and parent,

(b)the tenancy is of a type which is required to be registered under Part 7 of the Residential Tenancies Act 2004, and

(c)the tenancy complies with the requirement referred to in paragraph (b).

(8)Where –

(a)a claimant, or

(b)in a case where subsection (4) applies, a claimant’s spouse or civil partner,

proves that he or she made a qualifying payment in respect of a residential property used by his or her child as his or her principal private residence the claimant shall, upon making a claim in that regard, be entitled to the same rent tax credit as if the qualifying payment was made in respect of a residential property which was used by the claimant as his or her own principal private residence where –

(i)neither the individual nor the child is a relative of the landlord,

(ii)the child was undertaking an approved course and using the property to facilitate his or her participation in that course during the period to which the qualifying payment relates, and

(iii)in the case of a tenancy which is required to be registered under Part 7 of the Residential Tenancies Act 2004, the tenancy complies with that requirement.

(9)In making a claim under this section, a claimant shall provide to the Revenue Commissioners, through such electronic means as the Revenue Commissioners make available, the following information –

(a)the claimant’s name, address (including the Eircode) and PPS Number,

(b)the amount of any periodic payment made under a tenancy to the landlord concerned, or to a person acting on behalf of the landlord, by the claimant during the year of assessment concerned,

(c)the aggregate amount of any payment referred to in paragraph (b),

(d)the amount of any periodic payment referred to in paragraph (b) which was a qualifying payment,

(e)the aggregate amount of any payment referred to in paragraph (d),

(f)where subsection (4) applies –

(i)the name, address (including the Eircode) and PPS Number of the claimant’s spouse or civil partner,

(ii)the amount of any periodic payment made under a tenancy to the landlord concerned, or to a person acting on behalf of the landlord, by the claimant’s spouse or civil partner during the year of assessment concerned,

(iii)the aggregate amount of any payment referred to in subparagraph (ii),

(iv)the amount of any periodic payment referred to in subparagraph (ii) which was a qualifying payment, and

(v)the aggregate amount of any payment referred to in subparagraph (iv),

(g)full particulars of the tenancy under which the qualifying payment was made, including –

(i)the name and address (including the Eircode) of the individual who uses the residential property to which the tenancy relates as his or her principal private residence, if different to the individual referred to in paragraph (a) or (f)(i),

(ii)the address (including the Eircode) of the residential property concerned, if different to the address referred to in paragraph (a),

(iii)where available to the claimant, the unique identification number assigned to the residential property concerned for the purposes of the Finance (Local Property Tax) Act 2012,

(iv)where available to the claimant, the unique number assigned to the tenancy concerned in accordance with section 135 of the Residential Tenancies Act 2004, if applicable,

(v)the duration of the tenancy, and

(vi)where the tenancy is a licence, confirmation that the landlord has consented to the commencement of the licence,

(h)the name and address (including the Eircode) of the person to whom the qualifying payment was made,

(i)where available to the claimant, the name and address (including the Eircode) of the landlord concerned, if different to the person referred to in paragraph (h),

(j)where available to the claimant, the tax reference number of the landlord concerned, and

(k)such other information as may reasonably be required by the Revenue Commissioners to determine whether the requirements of this section are met.

(10)

(a)On being so required by an officer of the Revenue Commissioners the claimant shall, within the period of 30 days of being requested to do so by the Revenue Commissioners, make available to the officer a copy of –

(i)the tenancy under which the qualifying payment was made,

(ii)a receipt or statement of any payment made under that tenancy to the landlord concerned, or a person acting on behalf of the landlord, in the year of assessment concerned, and

(iii)any other information that may reasonably be required by the Revenue Commissioners to determine whether the requirements of this section are met.

(b)Any receipt or statement required under paragraph (a) shall be in writing and shall contain –

(i)the name of the individual who made the qualifying payment,

(ii)the amount of any periodic payment made under a tenancy to the landlord concerned, or to a person acting on behalf of the landlord, by that individual during the relevant year of assessment,

(iii)the aggregate amount of any payment referred to in subparagraph (ii),

(iv)the amount of any periodic payment referred to in subparagraph (ii) which was a qualifying payment,

(v)the aggregate amount of any payment referred to in subparagraph (iv),

(vi)the name and address (including the Eircode) of the individual who uses the property as his or her principal private residence, if different to the individual referred to in subparagraph (i),

(vii)the address (including the Eircode) of the residential property in respect of which the payment referred to in subparagraph (ii) was made,

(viii)the name and address (including the Eircode) of the person to whom the qualifying payment was made,

(ix)the name and address (including the Eircode) of the landlord, if different to the person referred to in subparagraph (viii), and

(x)the tax reference number of the landlord.

(11)Failure to furnish any of the particulars referred to in subsections (9) or (10) shall be grounds for refusal of a claim and, where relief has already been given to a claimant under this section, such relief may be withdrawn by the Revenue Commissioners.

(12)A person in receipt of a qualifying payment shall, on being so required by an officer of the Revenue Commissioners, furnish or make available to the officer, within the period of 30 days of being requested to do so by the Revenue Commissioners, any of the details set out in subsection (9) or copies of any of the documents referred to in subsection (10) which the officer considers necessary to determine whether the requirements of this section are met.

(13)Where the claimant is entitled to a rent tax credit under subsection (2), (5), (7) or (8), as the case may be, the aggregate of such credit shall not exceed €750 or, in the case of an individual who is assessed to tax in accordance with section 1017 or 1031C in the year of assessment, €1,500.

(14)This section shall apply in respect of the years of assessment 2022, 2023, 2024 and 2025.

473C.

Mortgage interest tax relief.

(1)In this section –

‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

‘claimant’ has the meaning given to it by subsection (2);

‘credit information provider’ has the meaning given to it by section 2 of the Credit Reporting Act 2013;

‘dependent relative’, in relation to an individual, means any of the persons mentioned in paragraph (a) or (b) of subsection (2), or in paragraph (a) or (b) of subsection (2A), of section 466 in respect of whom the individual is entitled to a tax credit under that section;

‘loan’ means any loan or advance or any other arrangement whatever by virtue of which interest is paid or payable;

‘local property tax number’ means the unique identification number assigned to a residential property by the Revenue Commissioners under section 27 of the Finance (Local Property Tax) Act 2012;

‘mortgage interest tax credit’ has the meaning given to it by subsection (2);

‘personal representative’ has the same meaning as in section 799;

‘PPS Number’, in relation to an individual, means the individual’s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

‘qualifying interest’ in relation to an individual, means the total amount of interest falling due in a year of assessment, and paid in that year of assessment, where such interest has been paid in respect of a qualifying loan;

‘qualifying lender’ means a credit information provider;

‘qualifying loan‘, in relation to an individual and a qualifying property, means a loan or loans from a qualifying lender which, without being used for any other purpose, is or are used by the individual solely for the purpose of defraying money employed in the purchase, repair, development or improvement of the qualifying property or in paying off another loan or loans used for such purpose,

and is or are secured by the mortgage of freehold or leasehold estate or interest in that qualifying property, and the amount of the aggregate of the balance remaining unpaid on the loan or loans in respect of that qualifying property on 31 December 2022 is –

(a)not less than €80,000, and

(b)not more than €500,000;

‘qualifying period’ means the period commencing on 1 January 2023 and ending on 31 December 2023;

‘qualifying property’, in relation to an individual, means a residential property which is used as the sole or main residence of –

(a)the individual,

(b)a former or separated spouse of the individual, or a former civil partner or a civil partner from whom the individual is living separately in circumstances where reconciliation is unlikely, or

(c)a person who, in relation to the individual, is a dependent relative, and which is, where the residential property is provided by the individual, provided rent-free and without any other consideration;

‘relievable interest’ has the meaning given to it by subsection (4);

‘residential property’ means –

(a)a building or part of a building located in the State which is used or suitable for use as a dwelling, and

(b)adjoining land which the occupier of the building or part of the building, referred to in paragraph (a), has for his or her own occupation and enjoyment with that building or part of that building as its gardens or grounds of an ornamental nature;

‘separated’ means separated under an order of a court of competent jurisdiction or by deed of separation or in such circumstances that the separation is likely to be permanent;

‘specified amount’, in relation to a year of assessment, means the lesser of –

(a)an amount equal to the relievable interest, and

(b)

(i)the upper limit, or

(ii)where subsection (9) applies, the amount determined in accordance with paragraph (b) of that subsection;

‘upper limit’ means €6,250 or, where subsection (5) applies, the amount determined in accordance with paragraph (a)(i), (a)(ii) or (b), as the case may be, of that subsection.

(2)An individual (referred to in this section as the ‘claimant’) who proves that during the qualifying period he or she paid qualifying interest and makes a claim in that regard shall be entitled to a tax credit (to be known as the ‘mortgage interest tax credit’) equal to the lesser of –

(a)an amount equal to the appropriate percentage of the specified amount, and

(b)the amount which reduces the claimant’s income tax to nil.

(3)Where a claimant is assessed to tax in accordance with section 1017 or 1031C in a year of assessment, any qualifying interest paid by the claimant’s spouse or civil partner in that year of assessment shall, for the purposes of this section, be deemed to have been paid by the claimant.

(4)

(a)For the purposes of this section, relievable interest, in relation to an individual, shall be an amount determined by the formula –

A-B

where –

A is the amount of qualifying interest for the year of assessment 2023, and

B is the amount of qualifying interest for the year of assessment 2022.

(b)Where qualifying interest paid for a year of assessment referred to in paragraph (a) is for a period where the number of days in the 5 years of assessment to which ‘A’ and ‘B’ in the formula in paragraph (a) relate are not the same, the amount of qualifying interest represented by ‘A’ or ‘B’, as the case may be, in the formula in paragraph (a) shall –

(i)where the number of days in the year of assessment to which ‘A’ relates is greater than the number of days in the year of assessment to which ‘B’ relates, be determined by the following formula –

A x D/E

and

(ii)where the number of days in the year of assessment to which ‘B’ relates is greater than the number of days in the year of assessment to which ‘A’ relates, be determined by the following formula –

B x D/E

where –

D is the number of days in the year of assessment with the lesser number of days, and

E is the number of days in the year of assessment with the greatest number of days.

(5)Where, for a year of assessment, qualifying interest referred to in subsection (4) is for a period of less than 365 days, then-

(a)where-

(i)the number of days in the year of assessment to which ‘A’ in the formula in subsection (4) relates is less than 365 and the number of days in the year of assessment to which ‘B’ in the formula in subsection (4) relates is equal to 365, or

(ii)the number of days in the year of assessment to which ‘B’ in the formula in subsection (4) relates is less than 365 and the number of days in the year of assessment to which ‘A’ in the formula in subsection (4) relates is equal to 365,

the upper limit shall be determined by the formula-

F x G/H

(b)where the number of days in the year of assessment to which ‘A’ in the formula in subsection (4) relates is less than 365 and the number of days in the year of assessment to which ‘B’ in the formula in subsection (4) relates is less than 365, then, the upper limit shall be determined by the formula-

F x I/J

where-

F is €6,250,

G is the number of days in the year of assessment with the lesser number of days,

H is the number of days in the year of assessment with the greater number of days,

I is the number of days in the year of assessment with the lesser number of days, and

J is 365 days.

(6)Where qualifying interest is paid in respect of a period which falls partly in one year of assessment and partly in another year of assessment, the amount of qualifying interest paid in respect of that period shall be apportioned to each year of assessment based on the proportion each part of the period bears to the period as a whole.

(7)Where, in the case of an individual within the meaning of paragraph (a) of the definition of ‘qualifying property’ in subsection (1)-

(a)the individual dies during the qualifying period, and the residential property is used as the sole or main residence of the deceased individual’s widow or widower or surviving civil partner, or of any dependent relative of the deceased, the property shall be treated as a qualifying property for the purposes of this section and interest paid on a qualifying loan by a personal representative of that individual shall, upon making a claim in that regard, be treated as qualifying interest, or

(b)the individual, or where subsection (3) applies, the individual or his or her spouse or civil partner, resides in another residential property to facilitate his or her attendance at or participation in his or her trade, profession, employment or office holding, that other residential property may be treated as a qualifying property for the purposes of this section.

(8)A residential property shall not be regarded as a qualifying property for the purpose of this section where-

(a)a charge to Local Property Tax under section 16 of the Finance (Local Property Tax) Act 2012 applies to the residential property concerned for the calendar year 2023 and the requirements of Part 7 of that Act are not complied with,

(b)the provisions of any permission required under the Planning and Development Acts 2000 to 2022 and granted on or before 31 December 2022 in respect of the residential property are not complied with or such permission has ceased to exist, or

(c)any interest in a residential property was acquired from an individual who is connected, within the meaning of section 10, with the individual acquiring such interest and it appears that the purchase price of the residential property substantially exceeds the value of what is acquired.

(9)Notwithstanding subsection (2), where two or more individuals are or would but for this subsection be entitled under this section to relief in respect of the same qualifying property, the following provisions shall apply:

(a)only one mortgage interest tax credit under this section shall be allowed in respect of the qualifying property;

(b)the upper limit shall be apportioned in respect of each of the individuals concerned in accordance with the formula-

K x L/M

where-

K is the upper limit,

L is the relievable interest in respect of the individual, and

M is the relievable interest as determined by the formula in subsection (4) in respect of all of the individuals concerned in respect of the same qualifying property.

(10)Notwithstanding the provisions of this section, where, in respect of a qualifying property and a year of assessment-

(a)an individual is entitled, in respect of a residential property, to an allowance to which subsection (1), (1A) or (1B) of section 836 applies, or

(b)an individual is allowed, in accordance with section 836(2), a deduction under section 114 in respect of expenses in maintaining a residential property, this section shall not apply to qualifying interest paid in that year in respect of that residential property.

(11)In making a claim under this section, a claimant shall provide to the Revenue Commissioners, through such electronic means as the Revenue Commissioners make available, the following information –

(a)the claimant’s name, address (including the Eircode) and PPS Number,

(b)the address (including the Eircode and local property tax number) of the qualifying property in respect of which a claim under this section is made,

(c)in the case of a qualifying property referred to in paragraph (b) or (c), as the case may be, of the definition of ‘qualifying property’ in subsection (1), the name, address (including the Eircode) and PPS Number of the person referred to in the said paragraph (b) or (c) who is using the property as his or her sole or main residence,

(d)where subsection (3) applies –

(i)the name, address (including the Eircode) and PPS Number of the claimant’s spouse or civil partner,

(ii)the address (including the Eircode and local property tax number) of the qualifying property in respect of which a claim under this section is made,

(e)full particulars of the qualifying loan or loans under which qualifying interest was paid, including but not limited to –

(i)the qualifying interest paid by the claimant for the years of assessment 2022 and 2023,

(ii)where subsection subsection (9)(b) applies, the total qualifying interest paid by all of the individuals concerned for the years of assessment 2022 and 2023, and

(iii)the amount of the aggregate of the balance remaining unpaid on the loan or loans as provided for in the definition of ‘qualifying loan’ in subsection (1),

and

(f)any other information that may reasonably be required by the Revenue Commissioners to determine whether the requirements of this section are met.

(12)A qualifying lender shall, on being so required by an officer of the Revenue Commissioners, furnish or make available to the officer, within the period of 30 days of being requested to do so by the Revenue Commissioners, particulars referred to in subsection (11)(f).

(13)Failure to furnish any of the particulars referred to in subsection (11) shall be grounds for refusal of a claim and, where relief has already been given to a claimant under this section, such relief may be withdrawn by the Revenue Commissioners.

474. Relief for fees paid to private colleges for full-time third level education.
Repealed from 6 April 2001
(1)In this section –

“academic year”, in relation to an approved course, means a year of study commencing on a date not earlier than the 1st day of August in a year of assessment;

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“approved college” means a college in the State –

(a)which operates in accordance with a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister, and

(b)which the Minister approves of for the purposes of this section;

“approved course” means a full-time undergraduate course of study in an approved college which –

(a)is of at least 2 academic years’ duration, and

(b)the Minister, having regard to a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister in relation to the quality of education to be offered on approved courses, approves of for the purposes of this section;

“dependant”, in relation to an individual, means a spouse or child of the individual or a person in respect of whom the individual is or was the legal guardian;

“the Minister” means the Minister for Education and Science;

“qualifying fees”, in relation to an approved course and an academic year, means the amount of fees chargeable in respect of tuition to be provided in relation to that course in that year which, with the consent of the Minister for Finance, the Minister approves of for the purposes of this section.

(2)Subject to this section, where an individual for a year of assessment proves that he or she has, on his or her own behalf or on behalf of his or her dependant, made a payment in respect of qualifying fees in respect of an approved course for the academic year in relation to that course commencing in that year of assessment, the income tax to be charged on the individual for that year of assessment, other than in accordance with section 16 (2), shall be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the aggregate of all such payments proved to be so made, and

(b)the amount which reduces that income tax to nil.

(2A)In the case of an individual who is a married person assessed to tax for a year of assessment in accordance with section 1017, any payment in respect of qualifying fees made by the individual’s spouse shall, except where section 1023 applies, be deemed to have been made by the individual.

(3)For the purposes of this section, a payment in respect of qualifying fees shall be regarded as not having been made in so far as any sum in respect of or by reference to such fees has been or is to be received, directly or indirectly, by the individual, or, as the case may be, his or her dependant, from any source whatever by means of grant, scholarship or otherwise.

(4)

(a)Where the Minister is satisfied that an approved college, or an approved course in that college, no longer meets the appropriate code of standards laid down, the Minister may by notice in writing given to the approved college withdraw, with effect from the year of assessment following the year of assessment in which the notice is given, the approval of that college or course, as the case may be, for the purposes of this section.

(b)Where the Minister withdraws the approval of any college or course for the purposes of this section, notice of its withdrawal shall be published as soon as may be in Iris Oifigiúil.

(5)On or before the 1st day of July in each year of assessment, the Minister shall furnish the Revenue Commissioners with full details of –

(a)all colleges and courses in respect of which approval has been granted and not withdrawn for the purposes of this section, and

(b)the amount of the qualifying fees in respect of each such course for the academic year commencing in that year of assessment.

474A. Relief for fees paid to publicly funded colleges in the European Union for full-time third level education.
Repealed from 6 April 2001
(1)In this section –

”academic year”, in relation to an approved course, means a year of study commencing on a date not earlier than the 1st day of August in a year of assessment;

”appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

”dependant”, in relation to an individual, means a spouse or child of the individual or a person in respect of whom the individual is or was the legal guardian;

”the Minister” means the Minister for Education and Science;

”qualifying college” means any university or similar institution of higher education in a Member State of the European Union (other than the State) which is maintained or assisted by recurrent grants from public funds of that or any other Member State of the European Union (including the State);

”qualifying course” means a full-time undergraduate course of study in a qualifying college which is of at least 2 academic years’ duration, other than a course of study in medicine, dentistry, veterinary medicine or in teacher training;

”qualifying fees”, in relation to a qualifying course and an academic year, means so much of the amount of fees chargeable in respect of tuition to be provided in relation to that course in that year as is equal to the amount of fees determined by the Minister, with the consent of the Minister for Finance, to be the qualifying fees for the purposes of this section in relation to the class of qualifying course specified in the determination to which the particular course concerned belongs.

(2)Subject to this section, where an individual for a year of assessment proves that he or she has, on his or her own behalf or on behalf of his or her dependant, made a payment in respect of qualifying fees in respect of a qualifying course for the academic year in relation to that course commencing in that year of assessment, the income tax to be charged on the individual for that year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the aggregate of all such payments proved to be so made, and

(b)the amount which reduces that income tax to nil.

(3)For the purpose of this section, a payment in respect of qualifying fees shall be regarded as not having been made in so far as any sum in respect of or by reference to such fees has been or is to be received, directly or indirectly, by the individual, or, as the case may be, his or her dependant, from any source whatever by means of grant, scholarship or otherwise.

(4)Any claim for relief under this section made by an individual shall be accompanied by a statement in writing made by the qualifying college concerned stating each of the following, namely –

(a)that the college is a qualifying college for the purposes of this section,

(b)the details of the course undertaken by the individual or his or her dependant,

(c)the duration of the course, and

(d)the amount of the fees paid in respect of the course.

(5)Where for the purposes of this section any question arises as to whether –

(a)a college is a qualifying college, or

(b)a course of study is a qualifying course,

the Revenue Commissioners may consult with the Minister.

475. Relief for fees paid for part-time third level education.
Repealed from 6 April 2001
(1)In this section –

“academic year”, in relation to an approved course, means a year of study commencing on a date not earlier than the 1st day of August in a year of assessment;

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“approved college”, in relation to a year of assessment, means a college or institution in the State, or a college or institution in another Member State of the European Communities providing distance education in the State, which –

(a)provides courses to which a scheme approved by the Minister under the Local Authority (Higher Education) Grants Acts, 1968 to 1992, applies, or

(b)operates in accordance with a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister,

and which the Minister approves of for the purposes of this section;

“approved course” means a part-time undergraduate course of study in an approved college which –

(a)is of at least 2 academic years’ duration, and

(b)in the case of a course provided by a college to which paragraph (b) of the definition of “approved college” relates, the Minister, having regard to a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister in relation to the quality of education to be offered on such approved course, approves of for the purposes of this section;

”dependant” in relation to a qualifying individual, means a spouse or child of the qualifying individual or a person in respect of whom the qualifying individual is or was the legal guardian;

“the Minister” means the Minister for Education and Science;

“qualifying fees”, in relation to an approved course and an academic year, means the amount of fees chargeable in respect of tuition to be provided in relation to that course in that year and which, in relation to a course to which paragraph (b) of the definition of “approved course” relates, the Minister, with the consent of the Minister for Finance, approves of for the purposes of this section;

“qualifying individual” means –

(a)an individual other than an individual who has been conferred with a certificate, diploma or degree in respect of the completion by him or her of an undergraduate course of study of not less than 2 academic years’ duration, or

(b)an individual who has been conferred with a certificate or diploma as referred to in paragraph (a) and who is pursuing an approved course in respect of which the approved college certifies that the certificate or diploma, as the case may be, with which he or she has been conferred, has qualified him or her for exemption for one or more years of study from the normal duration of the approved course but is not otherwise an individual who is not a qualifying individual for the purposes of paragraph (a).

(2)Subject to this section, where for a year of assessment a qualifying individual proves that he or she has, on his or her own behalf or on behalf of his or her dependant, made a payment in respect of qualifying fees in respect of an approved course for the academic year in relation to that course commencing in that year of assessment, the income tax to be charged on the qualifying individual for that year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the aggregate of all such payments proved to be so made, and

(b)the amount which reduces that income tax to nil.

(3)In the case of a qualifying individual who is a married person assessed to tax for a year of assessment in accordance with section 1017, any payment in respect of qualifying fees made by the qualifying individual’s spouse shall, except where section 1023 applies, be deemed to have been made by the qualifying individual.

(4)For the purposes of this section, a payment in respect of qualifying fees shall be regarded as not having been made in so far as any sum in respect of or by reference to such fees has been or is to be received directly or indirectly by the qualifying individual from any source whatever by means of grant, scholarship or otherwise.

(5)

(a)Where the Minister is satisfied that a college, within the meaning of paragraph (b) of the definition of “approved college”, or an approved course in that college, no longer meets the appropriate code of standards laid down, the Minister may by notice in writing given to the approved college withdraw, with effect from the year of assessment following the year of assessment in which the notice is given, the approval of that college or course, as the case may be, for the purposes of this section.

(b)Where the Minister withdraws the approval of any college or course for the purposes of this section, notice of its withdrawal shall be published as soon as may be in Iris Oifigiúil.

(6)On or before the 1st day of July in each year of assessment, the Minister shall furnish the Revenue Commissioners with full details of all –

(a)courses,

(b)colleges, and

(c)the amount of qualifying fees for the academic year commencing in that year of assessment in respect of courses referred to in paragraph (a),

which the Minister has approved of for the purposes of this section.

(7)Where for the purposes of this section any question arises as to whether –

(a)a college is an approved college, or

(b)a course of study is an approved course,

the Revenue Commissioners may consult with the Minister.

475A. Relief for postgraduate fees.
Repealed from 6 April 2001
(1)In this section –

”academic year” means, in relation to an approved course, a year of study commencing on a date not earlier than 1 August in a year of assessment;

”appropriate percentage” means, in relation to a year of assessment, a percentage equal to the standard rate of tax for that year;

”approved college” means, in relation to a year of assessment, a college or institution in the State that –

(a)provides courses to which a scheme approved by the Minister under the Local Authorities (Higher Education) Grants Acts, 1968 to 1992, applies, or

(b)operates in accordance with a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister,

and which the Minister approves for the purposes of this section:

”approved course” means –

(a)a postgraduate course of study leading to a postgraduate award, based on a thesis or on the results of an examination, in an approved college –

(i)of not less than one academic year, but not more than 4 academic years, in duration,

(ii)that requires an individual, undertaking the course, to have been conferred with a degree or an equivalent qualification, and

(iii)that, in the case of a course provided by a college to which paragraph (b) of the definition of ‘approved college’ relates, the Minister, having regard to a code of standards which from time to time may, with the consent of the Minister for Finance, be laid down by the Minister in relation to the quality of education to be offered on such approved course, approves for the purposes of this section,

(b)a postgraduate course of study leading to a postgraduate award, based on a thesis or on the results of an examination, in a qualifying college –

(i)of not less than one academic year, but not more than 4 academic years, in duration, and

(ii)that requires an individual, undertaking the course, to have been conferred with a degree or an equivalent qualification,

”dependant”, in relation to an individual, means a spouse or child of the individual or a person in respect of whom the individual is or was the legal guardian;

”Minister” means the Minister for Education and Science;

”qualifying college” means any university or similar institution of higher education in a Member State of the European Union (other than the State), including such a university or similar institution of higher education that provides distance education, and that is maintained or assisted by recurrent grants from public funds of that or any other Member State of the European Union (including the State);

”qualifying fees”, in relation to an approved course and an academic year, means –

(a)in the case of an approved college, the amount of fees chargeable in respect of tuition to be provided in relation to that course in that year and which, in relation to a course to which paragraph (a)(iii) of the definition of ‘approved course’ relates, the Minister, with the consent of the Minister for Finance, approves for the purposes of this section, and

(b)in the case of a qualifying college, so much of the amount of fees chargeable in respect of tuition to be provided in relation to that course in that year as is equal to the amount of fees determined by the Minister, with the consent of the Minister for Finance, to be the qualifying fees for the purposes of this section in relation to the class of approved course specified in the determination to which the particular course concerned belongs.

(2)Subject to this section, where an individual for a year of assessment proves that he or she has, on his or her own behalf or on behalf of his or her dependant, made a payment in respect of qualifying fees in respect of an approved course for the academic year in relation to that course commencing in that year of assessment, the income tax to be charged on the individual for that year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the aggregate of all such payments proved to be so made, and

(b)the amount which reduces that income tax to nil.

(3)In the case of an individual who is a married person assessed to tax for a year of assessment in accordance with section 1017, any payment in respect of qualifying fees made by the individual’s spouse shall, except where section 1023 applies, be deemed to have been made by the individual.

(4)For the purposes of this section, a payment in respect of qualifying fees shall be regarded as not having been made in so far as any sum in respect of, or by reference to, such fees has been or is to be received, directly or indirectly, by the individual, or, as the case may be, his or her dependant, from any source whatever by means of grant, scholarship or otherwise.

(5)

(a)Where the Minister is satisfied that an approved college, within the meaning of paragraph (b) of the definition of ‘approved college’, or an approved course in that college, no longer meets the appropriate code of standards laid down, the Minister may by notice in writing given to the approved college withdraw, with effect from the year of assessment following the year of assessment in which the notice is given, the approval of that college or course, as the case may be, for the purposes of this section.

(b)Where the Minister withdraws the approval of any college or course for the purposes of this section, notice of its withdrawal shall be published as soon as may be in Iris Oifigiúil.

(6)Any claim for relief under this section made by an individual in respect of fees paid to a qualifying college shall be accompanied by a statement in writing made by the qualifying college concerned stating each of the following, namely –

(a)that the college is a qualifying college for the purposes of this section,

(b)the details of the course undertaken by the individual or his or her dependant,

(c)the duration of the course, and

(d)the amount of the fees paid in respect of the course.

(7)Where for the purposes of this section any question arises as to whether –

(a)a college is an approved college or is a qualifying college, or

(b)a course of study is an approved course,

the Revenue Commissioners may consult with the Minister.

(8)On or before 1 July in each year of assessment, the Minister shall furnish the Revenue Commissioners with full details of –

(a)all colleges and courses in respect of which approval has been granted and not withdrawn for the purposes of this section, and

(b)the amount of the qualifying fees in respect of each such course for the academic year commencing in that year of assessment.

476.

Relief for fees paid for training courses.

(1)In this section –

“An Foras” means An Foras Áiseanna Saothair;

“appropriate percentage” means, in relation to a year of assessment, a percentage equal to the standard rate of tax for that year;

“approved course provider” means a person providing approved courses who –

(a)operates in accordance with a code of standards which from time to time may, with the consent of the Minister for Finance, be agreed between An Foras and the Minister, and

(b)is approved of by An Foras for the purposes of this section;

“approved course” means a course of study or training, other than a postgraduate course, provided by an approved course provider which –

(a)is confined to –

(i)such aspects of information technology, or

(ii)such foreign languages,

as are approved of by the Minister, with the consent of the Minister for Finance, for the purposes of this section,

(b)is of less than 2 years’ duration,

(c)results in the awarding of a certificate of competence, and

(d)having regard to a code of standards which from time to time may, with the consent of the Minister for Finance, be agreed between An Foras and the Minister in relation to –

(i)the quality and standard of training to be provided on the approved course, and

(ii)the methods and facilities to be used by the course provider in delivering the course and in assessing competence,

is approved of by An Foras for the purposes of this section;

“certificate of competence”, in relation to an approved course, means a certificate awarded in accordance with the standards set out in the code of standards referred to in paragraph (d) of the definition of “approved course” and certifying that a minimum level of competence has been achieved by the individual to whom the certificate is awarded;

“foreign language” means a language other than an official language of the State;

“the Minister” means the Minister for Enterprise, Trade and Employment;

“qualifying fees”, in relation to an approved course, means the amount of fees chargeable in respect of tuition to be provided in relation to such course where the net amount of such fees are not less than €315 and to the extent that they do not exceed €1,270.

(2)Subject to this section, where an individual proves that –

(a)he or she has made a payment in respect of qualifying fees in respect of an approved course, and

(b)the individual in respect of whom the fees are paid has been awarded a certificate of competence in respect of that course,

the income tax to be charged on the individual, other than in accordance with section 16(2), for the year of assessment in which that certificate of competence is awarded shall be reduced by an amount which is the lesser of –

(i)the amount equal to the appropriate percentage of the aggregate of all such payments proved to be so made, and

(ii)the amount which reduces that income tax to nil.

(3)In the case of an individual who is a married person assessed to tax for a year of assessment in accordance with section 1017, any payment in respect of qualifying fees made by the individual’s spouse or civil partner shall, except where section 1023 or 1031H applies, be deemed to have been made by the individual.

(4)Relief under this section shall not be given in respect of an individual for a year of assessment in respect of more than one approved course.

(5)For the purposes of this section, a payment in respect of qualifying fees shall be regarded as not having been made in so far as any sum, in respect of or by reference to such fees, has been or is to be received either directly or indirectly by an individual from any source whatever by means of grant, scholarship or otherwise.

(6)An Foras, where it is satisfied that an approved course provider, or an approved course provided by an approved course provider, no longer meets the appropriate code of standards laid down, may by notice in writing given to the approved course provider withdraw the approval of that course provider or approved course, as the case may be, from such date as it considers appropriate, and this section shall cease to apply to that course provider or that course, as the case may be, with effect from that date.

(7)

(a)As soon as may be practicable after An Foras has –

(i)approved a course provider or a course for the purposes of this section, or

(ii)withdrawn such approval,

An Foras shall notify the Revenue Commissioners in writing of such approval or withdrawal of approval.

(b)Where any question arises as to whether for the purposes of this section –

(i)a course provider is an approved course provider, or

(ii)a training course is an approved course,

the Revenue Commissioners may consult with An Foras.

(8)Any relief under this section shall be in substitution for and not in addition to any relief to which the individual might be entitled to in respect of the same payment under any other provision of the Income Tax Acts.

(9)This section shall come into operation on such date as may be fixed by order of the Minister for Finance.

477.

Relief for service charges.

(1)

(a)In this section –

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“claimant” has the meaning assigned to it by subsection (2);

“financial year”, in relation to any year, means the period of 12 months ending on 31 December in that year;

“group water supply scheme” means a scheme referred to in the Housing (Improvement Grants) Regulations 1983 (S.I. No. 330 of 1983);

“service” means the provision by or on behalf of a local authority of –

(a)a supply of water for domestic purposes,

(b)domestic refuse collection or disposal, or

(c)domestic sewage disposal facilities;

“service charge” means a charge imposed under –

(a)the Local Government (Financial Provisions) (No. 2) Act 1983, or

(b)section 65A (inserted by the Local Government (Sanitary Services) Act 1962, and amended by the Local Government (Financial Provisions) (No. 2) Act 1983) of the Public Health (Ireland) Act 1878,

in respect of the provision by a local authority of any service or services;

‘specified amount’, in relation to a claimant, means the lesser of –

(a)the amount proved to have been paid in the financial year immediately before the year of assessment in respect of service charges, or

(b)€400,

but if, in respect of the financial year ended on 31 December 2005 a claimant proves that he or she paid an amount greater than €400 by way of a fixed annual charge, then, in relation to that claimant, the specified amount for the year of assessment 2006 shall mean the amount proved to have been so paid.

(2)Where in relation to income tax for a year of assessment an individual (in this section referred to as a ‘claimant’) proves that in the financial year immediately before the year of assessment he or she has paid service charges for that financial year, the income tax to be charged on the claimant for that year of assessment, other than in accordance with section 16(2), shall, subject to subsection (3), be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the specified amount, and

(b)the amount which reduces that income tax to nil.

(3)

(a)In the case of a claimant assessed to tax for the year of assessment in accordance with section 1017, any payments made by the spouse of the claimant, in respect of which that spouse would have been entitled to relief under this section if the spouse were assessed to tax for the year of assessment in accordance with section 1016 (apart from subsection (2) of that section), shall be deemed to have been made by the claimant.

(aa)In the case of a claimant assessed to tax for the year of assessment in accordance with section 1031C, any payments made by the civil partner of the claimant, in respect of which that civil partner would have been entitled to relief under this section if the civil partner were assessed to tax for the year of assessment in accordance with section 1031B (apart from subsection (2) of that section), shall be deemed to have been made by the claimant.

(b)In the case of an individual who resides on a full-time basis in the premises to which the service charges relate and pays such service charges on behalf of the claimant, that claimant may disclaim the relief provided by this section in favour of the individual, and such disclaimer shall be in such form as the Revenue Commissioners may require.

(4)Where the service consists of the provision of domestic refuse collection or disposal, is provided and charged for by a person or body of persons other than a local authority, and where such person or body of persons has –

(a)notified its provision to the local authority in whose functional area such service is provided, and

(b)furnished to that local authority such information as the local authority may from time to time request concerning that person or body of persons or the service provided by that person or body of persons,

the service provided shall be deemed for the purposes of this section as having been provided on behalf of the local authority and a payment in respect of such service shall be deemed a payment in respect of service charges.

(5)The provision of a supply of water for domestic purposes effected by a group water supply scheme shall be treated for the purposes of this section as if it were provided on behalf of a local authority, and a payment by an individual member of such a scheme in respect of such provision shall be deemed to be a payment in respect of service charges.

(6)Where a person makes a claim for relief under this section they shall, when requested by the Revenue Commissioners, indicate the name of the local authority, or person referred to in subsection (4) who provides the service on behalf of a local authority, and whether the charge consists of either or both of –

(a)a charge which is a fixed annual charge, or

(b)a charge determined by other means.

(7)Any deduction made under this section shall be in substitution for and not in addition to any deduction to which the individual might be entitled in respect of the same payment under any other provision of the Income Tax Acts.

(8)This section ceases to have effect as respects service charges paid in the financial year 2011 for that financial year and subsequent financial years for those financial years.

477A. Relief for energy efficient works.
Repealed from 1 January 2014
(1)In this section –

‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

‘approved contractor’ means a person who is a registered person and at the time of carrying out the qualifying work has –

(a)a tax clearance certificate issued under section 1095, or

(b)a certificate of authorisation issued under section 531;

‘Authority’ means the Sustainable Energy Authority of Ireland;

‘certificate of payment’, in relation to an individual, means a certificate issued by the Authority certifying that the individual has incurred qualifying expenditure and stating the amount of the qualifying expenditure so incurred;

‘qualifying expenditure’ means expenditure not exceeding the relevant limit incurred on qualifying work carried out by an approved contractor on a qualifying residence;

‘qualifying residence’ means a residential premises situated in the State in respect of which no rent is received or receivable by the individual making a claim under this section other than any rent that forms part of any relevant sums (within the meaning of section 216A) received by the individual in respect of that residential premises;

‘qualifying work’ shall be read in accordance with subsection (2);

‘registered person’ means a person who is registered with, and approved by, the Authority to carry out qualifying work;

‘relevant limit’, in relation to a year of assessment, means –

(a)€10,000 in the case of an individual assessed to tax in accordance with section 1016 or 1031B, or

(b)€15,000 in the case of individuals assessed to tax in accordance with section 1017 or 1031C,

subject in any case to a maximum amount of €15,000 in respect of which relief may be claimed under this section in respect of any one qualifying residence in the year of assessment concerned;

‘rent’ has the same meaning as in Chapter 8 of Part 4;

‘residential premises’ means a building or part of a building used solely or mainly as a dwelling;

‘tax reference number’ has the same meaning as in section 885.

(2)

(a)In this subsection ‘energy-efficient works’ means works the purpose of which is to reduce the costs incurred in respect of heating a residential premises.

(b)The Authority shall keep and maintain and make available to the public a list of such energy-efficient works as are, from time to time, determined by the Minister for Finance, in consultation with the Minister for Communications, Energy and Natural Resources, to be energy-efficient works to which relief under this section applies (in this section referred to as ‘qualifying work’).

(3)

(a)Where an individual, for the year of assessment 2011 or any subsequent year of assessment, on the making of a claim supported by a certificate of payment, proves that he or she made a payment to an approved contractor in respect of qualifying expenditure, the income tax to be charged on the claimant for that year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(i)the amount equal to the appropriate percentage of the qualifying expenditure,

(ii)the amount equal to the appropriate percentage of the relevant limit, and

(iii)the amount which reduces that income tax to nil.

(b)For the purpose of this section –

(i)in the case of an individual assessed to tax for a year of assessment in accordance with section 1017, any payment of qualifying expenditure to an approved contractor made by the individual’s spouse, in respect of which the individual’s spouse would have been entitled to relief under this section if that spouse were assessed to tax for the year of assessment in accordance with section 1016 (apart from subsection (2) of that section), shall be deemed to have been made by the individual, and

(ii)in the case of a nominated civil partner assessed to tax for a year of assessment in accordance with section 1031C, any payment of qualifying expenditure to an approved contractor made by the other civil partner, in respect of which that other civil partner would have been entitled to relief under this section if the other civil partner were assessed to tax for the year of assessment in accordance with section 1031B (apart from subsection (2) of that section), shall be deemed to have been made by the nominated civil partner.

(c)In all cases relief from income tax consequent on the allowance of qualifying expenditure under this section shall be given by means of repayment.

(4)The Authority shall not issue a certificate of payment in any case where the aggregate of all qualifying expenditure included on certificates of payment previously issued for the year of assessment concerned exceeds €150,000,000.

(5)Notwithstanding subsection (3), a payment to an approved contractor in respect of qualifying expenditure shall not be regarded as having been made in so far as any sum in respect of, or by reference to, the qualifying work to which it relates has been or is to be received directly or indirectly by the individual from the State, from any public or local authority, from any other person or under any contract of insurance or by way of compensation or otherwise.

(6)Notwithstanding subsection (3), where, on the basis of the information furnished to them under section 894A(2) or any other information in their possession, the Revenue Commissioners are satisfied as to the entitlement of an individual to relief under this section then, notwithstanding any other provision of the Income Tax Acts to the contrary, if the Revenue Commissioners consider it appropriate in the circumstances, the relief due may be given to the individual without the making and proving of a claim.

(7)Where relief is given under this section, no relief, deduction or credit under any other provision of the Income Tax Acts shall be given or allowed in respect of the qualifying expenditure.

(8)The following records shall be maintained by the Authority in respect of each individual to whom a certificate of payment is issued:

(a)his or her name and address;

(b)his or her Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

(c)the meter point reference number assigned in respect of the qualifying premises concerned;

(d)the amount of qualifying expenditure incurred;

(e)the year in which qualifying expenditure is incurred;

(f)the name and tax reference number of the approved contractor who carried out the qualifying work;

(g)proof that a payment or payments have been made to a qualifying contractor in respect of qualifying work.

(9)This section comes into operation on such day as the Minister for Finance may appoint by order.

477B.

Home renovation incentive.

(1)In this section –

‘contractor’ means a person engaged by an individual to carry out qualifying work, and who is an accountable person under section 5 of the Value-Added Tax Consolidation Act 2010 and has been assigned a registration number under section 65 of that Act;

‘housing authority’ has the same meaning as it has in the Housing (Miscellaneous Provisions) Act 1992;

‘PPS number’, in relation to an individual, means the individual’s personal public service number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

‘qualifying contractor’ means a contractor who-

(a)complies with the obligations referred to in section 530G or 530H, as the case may be, or

(b)in the case of a contractor who is not a subcontractor to whom Chapter 2 of Part 18 applies, complies with the obligations referred to in paragraph (a), other than the obligations referred to in paragraphs (a) and (b) of subsection (1) of section 530G or 530H, as the case may be;

‘qualifying expenditure’, in relation to an individual, means expenditure incurred by the individual on qualifying work carried out by a qualifying contractor on a qualifying residence;

‘qualifying residence’, in relation to an individual, means a residential premises situate in the State –

(a)which is owned by the individual and which is occupied by the individual as his or her only or main residence,

(b)which has previously been occupied as a residence and has been acquired by the individual for the purposes of occupation by the individual as his or her only or main residence on completion of the qualifying work and which is so occupied upon completion,

(c)which is owned by an individual and occupied by a tenant under a tenancy for which registration is required under Part 7 of the Residential Tenancies Act 2004, and where such registration requirements have been complied with by the individual,

(d)which is owned by an individual and which is intended by the individual to be occupied by a tenant under a tenancy for which registration is required under Part 7 of the Residential Tenancies Act 2004, and where such registration requirements have been complied with by the individual and which is occupied by a tenant within 6 months of completion of the qualifying work, or

(e)which is owned by a housing authority and for which the housing authority is charging rent pursuant to section 58 of the Housing Act 1966 for the tenancy or occupation thereof by the individual and where the housing authority has given its prior written consent to the individual to qualifying work being carried out on the residential premises.

‘qualifying work’ means any work of repair, renovation or improvement to which the rate of tax specified in section 46(1)(c) of the Value-Added Tax Consolidation Act 2010 applies, and which is carried out on a qualifying residence;

‘rental unit’ means –

(a)part of a building used, or suitable for use, as a dwelling which is occupied by a tenant under a tenancy for which registration is required under Part 7 of the Residential Tenancies Act 2004, and where such registration requirements have been complied with, or

(b)part of a building used, or suitable for use, as a dwelling which is owned by an individual and which is intended by the individual to be occupied by a tenant under a tenancy for which registration is required under Part 7 of the Residential Tenancies Act 2004, and where such registration requirements have been complied with by the individual and which is occupied by a tenant within 6 months of completion of the qualifying work;

‘residential premises’ means –

(a)a building or part of a building used, or suitable for use, as a dwelling, and

(b)land which the occupier of a building or part of a building used as a dwelling has for the occupier’s own occupation and enjoyment with that building or that part of a building as its garden or grounds of an ornamental nature;

‘specified amount’, in relation to a payment in respect of qualifying expenditure, means 13.5 per cent of the amount of the payment on which value-added tax is charged, subject to a maximum amount of €4,050, provided that, where more than one payment is made in respect of qualifying expenditure, the aggregate of the specified amounts in respect of those payments shall not exceed €4,050;

‘tax reference number’, means in the case of an individual, the individual’s PPS number or in the case of a company, the reference number stated on any return of income form or notice of assessment issued to that company by the Revenue Commissioners;

‘tenancy’ has the same meaning as it has in the Residential Tenancies Act 2004;

‘tenant’ has the same meaning as it has in the Residential Tenancies Act 2004;

‘unique reference number’ has the meaning given to it by subsection (4)(b);

‘VAT registration number’, in relation to a person, means the registration number assigned to the person under section 65 of the Value-Added Tax Consolidation Act 2010.

(1A)Where, as a result of the carrying out of qualifying work, a residential premises referred to in paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) is converted into more than one rental unit, each such rental unit shall be a qualifying residence.

(2)

(a)This section applies to qualifying expenditure incurred on qualifying work carried out –

(i)during the period from 25 October 2013 to 31 December 2018 in the case of a qualifying residence to which paragraph (a) or (b) of the definition of ‘qualifying residence’ in subsection (1) refers,

(ii)during the period from 15 October 2014 to 31 December 2018 in the case of a qualifying residence to which paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) refers, and

(iii)during the period from 1 January 2017 to 31 December 2018 in the case of a qualifying residence to which paragraph (e) of the definition of ‘qualifying residence’ in subsection (1) refers.

(b)Where, during the period from 25 October 2013 to 31 December 2013, qualifying work is carried out on a qualifying residence to which paragraph (a) or (b) of the definition of ‘qualifying residence’ in subsection (1) refers, and where payments in respect of such work are made during that period, any such payments shall be deemed to have been made in the year of assessment 2014.

(c)Where, during the period from 15 October 2014 to 31 December 2014, qualifying work is carried out on a qualifying residence to which paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) refers, and where payments in respect of such work are made during that period, any such payments shall be deemed to have been made in the year of assessment 2015.

(d)Notwithstanding paragraph (a), where qualifying work, for which permission is required under the Planning and Development Act 2000, is carried out during the period from 1 January 2019 to 31 March 2019, then provided such permission is granted on or before 31 December 2018, that work shall be deemed to be carried out in the year of assessment 2018.

(3)

(a)Subject to the provisions of this section, where an individual (in this section referred to as ‘the claimant’), on making a claim in that behalf, proves that in a year of assessment he or she has made a payment or payments to a qualifying contractor in respect of qualifying expenditure to which this section applies, the income tax to be charged on the claimant, other than in accordance with section 16(2), shall be reduced –

(i)in the case of the first subsequent year of assessment, by an amount which is the lesser of –

(I)50 per cent of the specified amount of the payment or payments, and

(II)the amount which reduces the income tax of that year of assessment to nil,

and

(ii)in the case of the next subsequent year of assessment, by an amount which is the lesser of –

(I)that part of the specified amount not used in the year of assessment referred to in subparagraph (i), and

(II)the amount which reduces the income tax of that year of assessment to nil.

(b)Insofar as any part of the specified amount cannot be used under paragraph (a) (in this paragraph referred to as ‘excess relief’) due to the insufficiency of income tax charged on the claimant in the two years of assessment following the year of assessment in which the payment or payments referred to in paragraph (a) were made, the income tax for the year of assessment following those two years of assessment and so on for each succeeding year of assessment shall be reduced by the excess relief until the full amount of the excess relief has been used, provided that the amount of the excess relief used in any year of assessment shall not be greater than the amount which reduces the income tax charged on the claimant in that year of assessment to nil.

(c)The maximum amount of relief available under this section in respect of a qualifying residence shall not exceed €4,050.

(ca)Where the qualifying work involves the conversion of a residential premises referred to in paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) into more than one rental unit, paragraph (c) shall be read as if it applies to each of those units.

(d)No claim shall be made under this section unless the payment, or where there is more than one payment the aggregate of those payments, in respect of qualifying expenditure made to a qualifying contractor or qualifying contractors is equal to or greater than €5,000.

(e)Where an individual engages a contractor to carry out qualifying work, it shall be the responsibility of that individual to be satisfied that the contractor is a qualifying contractor.

(4)

(a)Subject to paragraph (c), a contractor shall, before commencing qualifying work under this section, provide to the Revenue Commissioners –

(i)the contractor’s name,

(ii)the contractor’s tax reference number and VAT registration number,

(iii)the unique identification number assigned in accordance with section 27 of the Finance (Local Property Tax) Act 2012 to the property on which the qualifying work is to be carried out,

(iv)the name of the claimant,

(v)the address of the property at which the work will be carried out,

(vi)a description of the work to be carried out,

(vii)the estimated cost of the work to be carried out, separately identifying the amount of value-added tax,

(viii)the estimated duration of the work, including the estimated start date and estimated end date,

(ix)confirmation as to whether or not the property referred to in subparagraph (iii) is a residential premises to which paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) refers, and

(x)in the case of a property to which paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) refers, where such property is, as a result of the carrying out of the qualifying work, to be converted into more than one rental unit, the number of such rental units.

(b)On receipt of the information referred to in paragraph (a), the Revenue Commissioners shall –

(i)notify the contractor, as the case may be, that –

(I)the contractor is a qualifying contractor for the purposes of this section and such notification shall contain a number for the work (in this section referred to as the ‘unique reference number’), or

(II)that the contractor is not a qualifying contractor for the purposes of this section,

and

(ii)where the contractor is a qualifying contractor, notify the individual concerned accordingly and the notification shall stipulate the unique reference number for the work.

(c)Where a qualifying contractor has commenced qualifying work on or after 25 October 2013 but before the electronic systems referred to in subsection (10) are made available by the Revenue Commissioners, the contractor shall provide to the Revenue Commissioners the information specified in paragraph (a) within 28 days of such electronic systems being made available.

(5)

(a)Upon receipt of payment from the individual concerned in respect of qualifying work, but not later than 10 working days following receipt of such payment, the contractor shall –

(i)provide to the Revenue Commissioners the following information:

(I)the contractor’s name;

(II)the contractor’s tax registration number and VAT registration number;

(III)the unique reference number for the work;

(IV)details of the amount of the payment, separately identifying the amount of value-added tax;

(V)the name of the individual from whom the payment was received;

(VI)the date of the payment,

and

(ii)provide to the individual a statement showing the amount of the payment separately identifying the amount of value-added tax.

(b)Where a qualifying contractor receives payment from the individual in respect of qualifying work to which this section applies on or after 25 October 2013 and before the electronic systems referred to in subsection (10) are made available by the Revenue Commissioners, that contractor shall provide to the Revenue Commissioners the information specified in paragraph (a) within 28 days of such electronic systems being made available.

(6)On making a claim under this section, the claimant shall provide to the Revenue Commissioners –

(a)the following information:

(i)his or her name and tax reference number;

(ii)the unique reference number for the work;

(iii)the unique identification number assigned in accordance with section 27 of the Finance (Local Property Tax) Act 2012 to the property on which the qualifying work was carried out;

(iv)details of any sum referred to in paragraph (a) or (b) of subsection (7);

(v)confirmation as to whether or not the property referred to in subparagraph (iii) is a residential premises to which paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) refers;

(vi)in the case of a property to which paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1) refers, where such property was, as a result of the carrying out of qualifying work, converted into more than one rental unit, the number of such rental units and the address of each rental unit,

and

(b)a declaration (unless the contrary is the case) in respect of each such payment that –

(i)the amount of the payment advised to the Revenue Commissioners by the qualifying contractor under subsection (5)(a)(i)(IV) accords with the amount of the payment made by the claimant to that contractor,

(ii)the date of the payment advised to the Revenue Commissioners by the qualifying contractor under subsection (5)(a)(i)(V) is correct,

(iii)the work in respect of which payment was made to the qualifying contractor was qualifying work carried out on a qualifying residence of the claimant,

(iv)the work in respect of which payment was made to the qualifying contractor has been completed,

(v)the contractor has received full payment from the claimant in respect of the work, and

(vi)the property on which the qualifying work was carried out was –

(I)in the case of a residential premises referred to in paragraph (a), (b) or (e) of the definition of ‘qualifying residence’ in subsection (1), occupied by the individual as his or her only or main residence on completion of the work, or

(II)in the case of a residential premises referred to in paragraph (c) or (d) of the definition of ‘qualifying residence’ in subsection (1), occupied, within 6 months of completion of the qualifying work, by a tenant under a tenancy for which registration is required under Part 7 of the Residential Tenancies Act 2004 and such registration requirements were complied with, and

(III)in the case of each rental unit referred to in paragraph (a)(vi), occupied, within 6 months of completion of the qualifying work, by a tenant under a tenancy for which registration is required under Part 7 of the Residential Tenancies Act 2004 and such registration requirements have been complied with.

(7)Where a claimant has received or will receive, in respect of, or by reference to, qualifying work, a sum directly or indirectly –

(a)from the State or any public body or local authority, or

(b)under any contract of insurance or by way of compensation or otherwise,

then, for the purposes of subsection (3)(a), the amount of any payment or payments, as specified in the information provided to the Revenue Commissioners under subsection (5), made in respect of qualifying expenditure on that qualifying work shall be reduced –

(i)in the case of paragraph (a), by an amount equal to 3 times the sum received or receivable, and

(ii)in the case of paragraph (b), by an amount equal to the sum received or receivable.

(8)

(a)Relief shall not be given under this section where the requirements of the Finance (Local Property Tax) Act 2012, in relation to the making of returns and the payment of local property tax-

(i)have not been complied with in respect of the qualifying residence, or

(ii)have not been complied with by a claimant in respect of any relevant residential property (other than the qualifying residence) in relation to which the claimant is a liable person.

(b)In this subsection ‘relevant residential property’ and ‘liable person’ have the same meanings respectively as in the Finance (Local Property Tax) Act 2012.

(c)Subparagraph (i) of paragraph (a) shall not apply in the case of a residential premises referred to in paragraph (e) of the definition of ‘qualifying residence’ in subsection (1).

(9)For the purposes of this section –

(a)in the case of a claimant assessed to tax for a year of assessment in accordance with section 1017, any payment in respect of qualifying expenditure to a qualifying contractor made by the claimant’s spouse, in respect of which the claimant’s spouse would have been entitled to relief under this section if that spouse were assessed to tax for the year of assessment in accordance with section 1016 (apart from subsection (2) of that section), shall be deemed to have been made by the claimant, and

(b)in the case of a nominated civil partner assessed to tax for a year of assessment in accordance with section 1031C, any payment in respect of qualifying expenditure to a qualifying contractor made by the other civil partner, in respect of which the other civil partner would have been entitled to relief under this section if the other civil partner were assessed to tax for the year of assessment in accordance with section 1031B (apart from subsection (2) of that section), shall be deemed to have been made by the nominated civil partner.

(10)Any claim, notification, information or declaration required by this section shall be given by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for any such purpose, and the relevant provisions of Chapter 6 of Part 38 shall apply.

(11)Where qualifying expenditure, in relation to qualifying work on a qualifying residence, is incurred by 2 or more claimants, then, except where subsection (9) applies, for the purposes of apportioning the specified amount, each claimant shall be entitled to an amount which bears the same proportion to the specified amount as the qualifying expenditure incurred by that claimant on the qualifying residence bears to the total qualifying expenditure incurred on that residence.

(12)In the case of a qualifying residence to which paragraph (a), (b) or (e) of the definition of ‘qualifying residence’ in subsection (1) refers, expenditure in respect of which a claimant is entitled to relief under this section shall not include any expenditure in respect of which that claimant is entitled to a deduction, relief or allowance under any other provision of the Tax Acts or the Value-Added Tax Consolidation Act 2010.

(13)Anything required to be done by or under this section by the Revenue Commissioners, other than the making of regulations, may be done by any Revenue officer.

(14)

(a)The Revenue Commissioners may make regulations for the purposes of this section and those regulations may –

(i)specify the manner in which contractors shall provide to the Revenue Commissioners the information required under subsections (4) and (5),

(ii)specify the manner in which a claimant shall provide to the Revenue Commissioners the information and declaration required under subsection (6),

(iii)specify the manner in which the Revenue Commissioners shall issue notifications under subsection (4)(b)(ii), and

(iv)provide for such other matters relating to the information required under subsections (4)(a) and (5)(a) and to the information and declaration required under subsection (6) as are considered necessary and appropriate by the Revenue Commissioners for the purposes of this section and as may be specified in the regulations.

(b)Regulations made under this section may contain such incidental, supplemental or consequential provisions as appear to the Revenue Commissioners to be necessary or expedient –

(i)to enable persons to fulfil their obligations under this section or under regulations made under this section, or

(ii)to give effect to the proper implementation and efficient operation of the provisions of this section or regulations made under this section.

(c)Regulations made under this section shall be laid before Dáil Éireann as soon as may be after they are made and, if a resolution annulling those regulations is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done under them.

477C.

Help to Buy.

(1)In this section –

‘Act of 2021’ means the Affordable Housing Act 2021;

‘affordable dwelling contribution’ shall be construed in accordance with section 12(2) of the Act of 2021;

‘appropriate payment’ shall be construed in accordance with subsection (4);

‘appropriate tax’ has the meaning assigned to it by section 256;

‘approved valuation’, in relation to a self-build qualifying residence, means the valuation of the residence that, at the time the qualifying loan is entered into, is approved by the qualifying lender as being the valuation of the residence;

‘first-time purchaser’ means an individual who, at the time of a claim under subsection (3) has not, either individually or jointly with any other person, previously purchased or previously built, directly or indirectly, on his or her own behalf a dwelling;

‘income tax payable’ has the meaning assigned to it by section 3;

‘loan’ means any loan or advance, or any other arrangement whatever, by virtue of which interest is paid or payable;

‘loan-to-value ratio’ means –

(a)in the case of a contract referred to in subsection (3)(a) that was entered into before 11 October 2023, the amount of the qualifying loan as a proportion of the purchase value of the qualifying residence, and

(b)in all other cases, the amount that is the aggregate of –

(i)the amount of the qualifying loan, and

(ii)in the case of a qualifying residence, the amount of the affordable dwelling contribution, if any, in respect of the qualifying residence,

as a proportion of the purchase value of the qualifying residence or the self-build qualifying residence, as the case may be;

‘PPS number’, in relation to an individual, means the individual’s personal public service number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

‘purchase value’ means –

(a)in the case of a qualifying residence, the price paid for the qualifying residence, being a price that is not less than its market value, or

(b)in the case of a self-build qualifying residence, the approved valuation;

‘qualifying contractor’ has the meaning assigned to it by subsection (2);

‘qualifying lender’ has the meaning assigned to it by section 244A(3);

‘qualifying loan’, means a loan, which –

(a)is used by the first-time purchaser wholly and exclusively for the purpose of defraying money employed in –

(i)the purchase of a qualifying residence, or

(ii)the provision of a self-build qualifying residence (including, in a case where such acquisition is required for its construction, the acquisition of land on which the residence is constructed),

(b)is entered into solely between a first-time purchaser and a qualifying lender (but this does not exclude a loan to which a guarantor is a party), and

(c)is secured by the mortgage of a freehold or leasehold estate or interest in, or a charge on, a qualifying residence or a self-build qualifying residence;

‘qualifying period’ means the period commencing on 19 July 2016 and ending on 31 December 2025;

‘qualifying residence’ means –

(a)a new building which was not, at any time, used, or suitable for use, as a dwelling,

(b)a building which was not, at any time, in whole or in part, used, or suitable for use, as a dwelling and which has been converted for use as a dwelling, or

(c)a building which was not at any time used as a dwelling and was purchased by a first-time purchaser in accordance with an affordable dwelling purchase arrangement (within the meaning of section 12 the Act of 2021) and a direct sales agreement (within the meaning of section 7 of the Act of 2021),

and –

(i)which is occupied as the sole or main residence of a first-time purchaser,

(ii)in respect of which the construction work is subject to the rate of tax specified in section 46(1)(c) of the Value-Added Tax Consolidation Act 2010, and

(iii)where the purchase value is not greater than –

(I)where in the period commencing on 19 July 2016 and ending on 31 December 2016, a contract referred to in subsection (3)(a) is entered into between a claimant and a qualifying contractor or the first tranche of a qualifying loan referred to in subsection (3)(b) is drawn down by a claimant, €600,000, or

(II)in all other cases, €500,000;

‘relevant tax year’ means a year of assessment, within the 4 tax years immediately preceding the year in which an application is made under this section, in respect of which a claim for an appropriate payment, or part of such appropriate payment, is made by an individual;

‘Revenue officer’ means an officer of the Revenue Commissioners;

‘self-build qualifying residence’ means a qualifying residence which is built, directly or indirectly, by a first-time purchaser on his or her own behalf;

‘tax reference number’ means in the case of an individual, the individual’s PPS number or in the case of a company, the reference number stated on any return of income form or notice of assessment issued to that company by the Revenue Commissioners;

‘tax year’ means a year of assessment within the meaning of the Tax Acts;

‘VAT registration number’, in relation to a person, means the registration number assigned to the person under section 65 of the Value-Added Tax Consolidation Act 2010.

(2)In this section, a ‘qualifying contractor’ means a person who applies to the Revenue Commissioners for registration as a qualifying contractor (pursuant to arrangements for such registration that are put in place by the Revenue Commissioners) and in respect of whom the Revenue Commissioners are satisfied is entitled to be so registered and –

(a)who –

(i)complies with the obligations referred to in section 530G or 530H, or

(ii)in the case of a contractor who is not a subcontractor to whom Chapter 2 of Part 18 applies, complies with the obligations referred to in subparagraph (i), other than the obligations referred to in paragraphs (a) and (b) of subsection (1) of section 530G or 530H,

(b)who has been issued with a tax clearance certificate in accordance with section 1095 and such tax clearance certificate has not been rescinded under subsection (3A) of that section, and

(c)who provides to the Revenue Commissioners –

(i)details of qualifying residences which the contractor offers, or proposes to offer, for sale within the qualifying period,

(ii)details of any planning permission under the Planning and Development Acts 2000 to 2015 in respect of the qualifying residences referred to in subparagraph (i),

(iii)details of the freehold or leasehold estate or interest in the land on which the qualifying residences referred to in subparagraph (i) are constructed or to be constructed, and

(iv)any other relevant information that may be required by the Revenue Commissioners for the purposes of registration of a person as a qualifying contractor.

(3)Where an individual has, in the qualifying period, either –

(a)entered into a contract with a qualifying contractor for the purchase by that individual of a qualifying residence, that is not a self-build qualifying residence, or

(b)drawn down the first tranche of a qualifying loan in respect of that individual’s self-build qualifying residence,

that individual may make a claim for an appropriate payment.

(4)On the making of a claim by an individual referred to in subsection (3), a payment (in this section referred to as an ‘appropriate payment’) shall, subject to the provisions of this section, be made in accordance with subsection (16).

(5)

(a)An appropriate payment in relation to a qualifying residence or a self-build qualifying residence under this section shall not be greater than whichever of the amounts referred to in the following subparagraphs is the lesser, namely:

(i)the amount of €20,000,

(ii)the amount of income tax payable and paid by the claimant in respect of the 4 tax years immediately preceding the year in which an application is made under subsection (6), or

(iii)the amount equal to 5 per cent of the purchase value of the qualifying residence or self-build qualifying residence, as the case may be.

(b)In paragraph (a)(ii), income tax paid shall include any amount of appropriate tax which has, in accordance with sections 257 and 267AA, been deducted from payments of relevant interest made to the claimant in the 4 tax years immediately preceding the year in which an application is made under subsection (6).

(c)The amount of appropriate tax referred to in paragraph (b) shall be reduced by the amount of any appropriate tax repaid to the claimant under section 266A.

(d)Notwithstanding Chapter 1 of Parts 44 and 44A, where section 1017 or 1031C applied in respect of a tax year, the amount of income tax paid by a claimant, for the purposes of paragraph (a)(ii) shall be determined by the following formula –

where –

A is the amount of the total income (if any) of the claimant for the tax year,

B is the sum of the amount of the total income (if any) of the claimant and the amount of the total income (if any) of the claimant’s spouse or civil partner, and

C is the amount of income tax paid for the tax year.

(e)An appropriate payment under this section shall be made –

(i)in the first instance as a refund of income tax paid by the claimant in respect of the earliest relevant tax year and followed by each succeeding relevant tax year, and

(ii)thereafter as a refund of the amount of appropriate tax paid by the claimant in respect of the earliest relevant tax year and followed by each succeeding relevant tax year.

(5A)Where an individual has, in that part of the qualifying period beginning on 23 July 2020 and ending on 31 December 2025, either –

(a)entered into a contract with a qualifying contractor for the purchase by that individual of a qualifying residence, that is not a self-build qualifying residence, or

(b)drawn down the first tranche of a qualifying loan in respect of that individual’s self-build qualifying residence,

paragraph (a) of subsection (5) shall apply subject to the following modifications:

(i)in subparagraph (i) of that paragraph, ‘€30,000’ shall be substituted for ‘€20,000′;

(ii)in subparagraph (iii) of that paragraph, ’10 per cent’ shall be substituted for ‘5 per cent’.

(6)

(a)Prior to submitting a claim under subsection (3), an individual shall make an application to the Revenue Commissioners which shall include –

(i)an indication that he or she intends to make a claim under this section,

(ii)his or her name and PPS number, and

(iii)confirmation by the individual, where such is the case, that the conditions specified in paragraph (b) have been met.

(b)The conditions referred to in paragraph (a)(iii) are that –

(i)he or she is a first-time purchaser,

(ii)where the individual is a chargeable person within the meaning of Part 41A or, as appropriate, Part 41 for a tax year within the 4 tax years immediately preceding the year in which the application is made, he or she has complied with the requirements of that Part or, as appropriate, those Parts and has paid the amount of income tax payable and of universal social charge (within the meaning of Part 18D) which he or she is liable to pay, in respect of each such tax year,

(iii)where the individual is not a chargeable person within the meaning of Part 41A or, as appropriate, Part 41 for a relevant tax year, he or she has made a return of income, in such form as the Revenue Commissioners may require, and has paid the amount of income tax payable and of universal social charge which he or she is liable to pay, in respect of each such relevant tax year, and

(iv)in the case of an individual to which subparagraph (ii) refers, he or she has been issued with a tax clearance certificate in accordance with section 1095 and such tax clearance certificate has not been rescinded under subsection (3A) of that section.

(c)Where section 1017 or 1031C applied in respect of a tax year, the individual who must meet the conditions referred to in subparagraphs (ii) and (iii) of paragraph (b) shall be the person assessed to tax under section 1017 or the nominated civil partner within the meaning of section 1031A.

(7)For the purposes of subsections (5)(a)(ii) and (6)(b)(ii) and (iii) –

(a)

(i)an individual may elect to be deemed to have made his or her application under subsection (6) in the tax year 2016 where, in the period commencing on 19 July 2016 and ending on 31 December 2016, a contract referred to in subsection (3)(a) is entered into between the applicant and a qualifying contractor or, as appropriate, the first tranche of a qualifying loan referred to in subsection (3)(b) is drawn down by the applicant, provided the application is made on or before 31 March 2017, or

(ii)an individual may elect to be deemed to have made his or her application under subsection (6) in the tax year 2016 where, in the period commencing on 1 January 2017 and ending on 31 March 2017, a contract referred to in subsection (3)(a) is entered into between the applicant and a qualifying contractor or, as appropriate, the first tranche of a qualifying loan referred to in subsection (3)(b) is drawn down by the applicant, provided the application is made on or before 31 May 2017,

and where an individual so elects, the application shall be deemed to have been made in the tax year 2016 and the corresponding claim under subsection (3), where it is made in the tax year 2017, shall be deemed to have been made in the tax year 2016,

(b)notwithstanding the obligation on an individual under paragraph (a)(i) to, as appropriate, make an application on or before 31 March 2017, where such an individual makes an application under subsection (6) in 2018 or 2019, the application shall be deemed to have been made in the tax year 2017, and the corresponding claim under subsection (3) shall be deemed to have been made in the tax year 2017.

(8)

(a)An application made in any tax year shall cease to be valid on the earlier of the following events:

(i)failure by the applicant to satisfy the conditions specified in subsection (6)(b);

(ii)on the rescission of the applicant’s tax clearance certificate in accordance with subsection (3A) of section 1095; or

(iii)on the falling of 31 December in the tax year in which the application is made.

(b)Notwithstanding paragraph (a) and subsection (25), where an application is made under this section in the period commencing on 1 October and ending on 31 December in any of the tax years 2017 to 2025 (hereafter in this paragraph referred to as the ‘first-mentioned period’), and the corresponding claim is made under subsection (3) in the period commencing on 1 January and ending on 31 March of the following year, the applicant shall be deemed to have made his or her claim in the first-mentioned period.

(c)No claim may be made on foot of an application which ceases to be valid in accordance with paragraph (a).

(9)Where an application is made under this section and more than one individual is a party to the application, each such individual shall –

(a)confirm that he or she is a first-time purchaser,

(b)satisfy the conditions specified in subsection (6)(b),

(c)consent to provide to the other parties his or her name, address and PPS number, and

(d)agree with each of the other parties as to the allocation between the parties of the amount of the appropriate payment and notify the Revenue Commissioners of such allocation.

(10)Subject to the conditions specified in subsection (6)(b) being satisfied, the Revenue Commissioners shall notify the applicant of the maximum appropriate payment that would, following the making of a claim under this section, be available to or in respect of the applicant.

(11)The loan-to-value ratio in respect of a claim under this section shall not be less than 70 per cent.

(12)

(a)On making a claim under subsection (3), where the qualifying residence is other than a self-build qualifying residence, the claimant shall provide to the Revenue Commissioners –

(i)his or her name and PPS number,

(ii)the address of the qualifying residence,

(iii)the purchase value of the qualifying residence,

(iv)details of the qualifying lender,

(v)confirmation that a qualifying loan has been entered into,

(vi)the qualifying loan application number or reference number used by the qualifying lender,

(vii)the amount of the qualifying loan,

(viii)evidence of the qualifying loan entered into,

(viiia)the amount of the affordable dwelling contribution, if any, in respect of the qualifying residence,

(viiib)evidence of the affordable dwelling purchase arrangement (within the meaning of section 12 of the Act of 2021), if any, entered into, in respect of the qualifying residence,

(ix)evidence of the contract entered into with a qualifying contractor,

(x)the amount of deposit payable by the claimant to the qualifying contractor,

(xi)the amount, if any, of deposit paid by the claimant to the qualifying contractor,

(xii)confirmation that, on its completion, the qualifying residence will be occupied by the claimant as his or her only or main residence, and

(xiii)in the case of a claimant referred to in subsection (16)(a)(i), details of the claimant’s bank account to which the appropriate payment shall, subject to the qualifying contractor having satisfied the requirements of subsection (13), be made.

(b)A claimant shall satisfy himself or herself that the contractor is a qualifying contractor.

(13)Following the making of a claim in accordance with subsection (12), the qualifying contractor shall provide to the Revenue Commissioners –

(a)the contractor’s name,

(b)the contractor’s tax reference number and VAT registration number,

(c)the name of the claimant,

(d)the address of the qualifying residence,

(e)the purchase value of the qualifying residence,

(f)the amount of deposit payable by the claimant to the qualifying contractor,

(g)the amount, if any, of deposit paid by the claimant to the qualifying contractor, and

(h)in the case of a contract to which subsection (16)(a)(ii) applies, details of the qualifying contractor’s bank account.

(14)On making a claim under subsection (3) in the case of a self-build qualifying residence, the claimant shall provide to the Revenue Commissioners –

(a)his or her name and PPS number,

(b)the address of the self-build qualifying residence,

(c)the purchase value of the self-build qualifying residence,

(d)details of the qualifying lender,

(e)confirmation that a qualifying loan has been entered into,

(f)the amount of the qualifying loan,

(g)confirmation that, on its completion, the self-build qualifying residence will be occupied by the claimant as his or her only or main residence, and

(h)details of the qualifying loan bank account to which the appropriate payment shall, subject to a solicitor, acting on behalf of the claimant, having satisfied the requirements of subsection (15), be made.

(15)Following the making of a claim in accordance with subsection (14), a solicitor, acting on behalf of the claimant, shall provide to the Revenue Commissioners –

(a)the name of the claimant,

(b)the address of the self-build qualifying residence,

(c)evidence of the qualifying loan entered into between the claimant and the qualifying lender,

(d)evidence of the drawdown of the first tranche of the qualifying loan, and

(e)confirmation of the purchase value of the self-build qualifying residence.

(16)

(a)Subject to the provisions of this section, the appropriate payment shall be made by the Revenue Commissioners –

(i)where in the period commencing on 19 July 2016 and ending on 31 December 2016, a contract referred to in subsection (3)(a) is entered into between the claimant and a qualifying contractor or, as appropriate, the first tranche of a qualifying loan referred to in subsection (3)(b) is drawn down by the claimant, to the claimant’s bank account,

(ii)where in the period commencing on 1 January 2017 and ending on 31 December 2025, a contract referred to in subsection (3)(a) is entered into between the claimant and a qualifying contractor, to the qualifying contractor’s bank account, or

(iii)where in the period commencing on 1 January 2017 and ending on 31 December 2025, the first tranche of a qualifying loan referred to in subsection (3)(b) is drawn down by the claimant, to the claimant’s qualifying loan bank account.

(b)Where the appropriate payment is made in respect of a claimant to a qualifying contractor referred to in paragraph (a)(ii), the contractor shall treat the appropriate payment as a credit against the purchase price of the qualifying residence.

(c)Where paragraph (a)(ii) applies, the claimant shall consent to the appropriate payment in respect of him or her being paid by the Revenue Commissioners to the qualifying contractor.

(17)

(a)On its completion, a qualifying residence or a self-build qualifying residence shall be occupied by the claimant as his or her only or main residence.

(b)

(i)Where an appropriate payment is made on foot of a claim under this section, and the qualifying residence or self-build qualifying residence ceases to be occupied –

(I)by the claimant, or

(II)where more than one individual is a party to the claim, by all of those individuals,

within 5 years from occupation of the residence, the claimant shall notify the Revenue Commissioners and, in accordance with subparagraph (ii), pay to the Revenue Commissioners an amount equal to the amount of the appropriate payment, or the lesser percentage there specified of the amount of the appropriate payment.

(ii)Where the residence ceases to be occupied as mentioned in subparagraph (i) –

(I)within the first year from occupation, the claimant shall, within 3 months from the residence ceasing to be so occupied, pay to the Revenue Commissioners an amount equal to the amount of the appropriate payment,

(II)within the second year from occupation, the claimant shall, within 3 months from the residence ceasing to be so occupied, pay to the Revenue Commissioners an amount equal to 80 per cent of the amount of the appropriate payment,

(III)within the third year from occupation, the claimant shall, within 3 months from the residence ceasing to be so occupied, pay to the Revenue Commissioners an amount equal to 60 per cent of the amount of the appropriate payment,

(IV)within the fourth year from occupation, the claimant shall, within 3 months from the residence ceasing to be so occupied, pay to the Revenue Commissioners an amount equal to 40 per cent of the amount of the appropriate payment, or

(V)within the fifth year from occupation, the claimant shall, within 3 months from the residence ceasing to be so occupied, pay to the Revenue Commissioners an amount equal to 20 per cent of the amount of the appropriate payment.

(18)

(a)Where –

(i)arising from a claim under this section, an appropriate payment is made to, or in respect of, a claimant, and

(ii)any condition that imposes a qualification, as respects the claimant, in relation to the making of an appropriate payment under this section is not satisfied by the claimant,

the claimant shall, within 3 months from the date on which the appropriate payment is made, pay to the Revenue Commissioners an amount equal to the amount of the appropriate payment, or part of such an amount, as appropriate.

(b)

(i)Where, arising from a claim under this section in respect of a self-build qualifying residence, an appropriate payment is made to an individual, the individual shall pay to the Revenue Commissioners an amount equal to the amount of the appropriate payment –

(I)where the self-build qualifying residence is not completed within 2 years from the date on which the appropriate payment was made by the Revenue Commissioners, or

(II)if within that 2 year period, there are, in the opinion of the Revenue Commissioners, reasonable grounds to believe that the self-build qualifying residence will not be completed within that period.

(ii)Payment to the Revenue Commissioners under subparagraph (i) shall be made within 3 months from the end of the 2 year period referred to in clause (I) of that subparagraph or, as appropriate, within 3 months from the Revenue Commissioners issuing notice to the individual to the effect that they had formed an opinion in accordance with clause (II) of that subparagraph.

(c)

(i)Where arising from a claim under this section, other than a claim to which paragraph (b) refers, an appropriate payment is made directly to an individual (who is not a qualifying contractor), the individual shall pay to the Revenue Commissioners an amount equal to the amount of the appropriate payment –

(I)if the qualifying residence is not subsequently purchased by the individual within 2 years from the date on which the appropriate payment was made by the Revenue Commissioners, or

(II)if within that 2 year period, there are, in the opinion of the Revenue Commissioners, reasonable grounds to believe that the purchase of the qualifying residence by the individual will not be completed within that period.

(d)

(i)Where, arising from a claim under this section, an appropriate payment claimed by an individual is made to a qualifying contractor under subsection (16)(a)(ii), and –

(I)the qualifying residence is not subsequently purchased by the individual within 2 years from the date of the making of the appropriate payment by the Revenue Commissioners, or

the qualifying contractor shall pay to the Revenue Commissioners an amount equal to the amount of the appropriate payment.

(ii)Payment to the Revenue Commissioners under subparagraph (i) shall be made within 3 months from the end of the 2 year period referred to in clause (I) of that subparagraph or, as appropriate, within 3 months from the Revenue Commissioners issuing notice to the qualifying contractor to the effect that they had formed an opinion in accordance with clause (II) of that subparagraph.

(e)For the purposes of paragraph (d), an individual referred to in that paragraph may notify the Revenue Commissioners where he or she has reasonable grounds to believe that the purchase of the qualifying residence by the individual will not be completed within the 2 year period referred to in that paragraph.

(f)Where the Revenue Commissioners are satisfied that a qualifying residence or self-build qualifying residence –

(i)is substantially complete at the end of the 2 year period referred to in paragraph (b), (c) or (d), and

(ii)is likely to be completed thereafter within a period of time that, in the opinion of the Revenue Commissioners, is a reasonable one (and such opinion shall be communicated to the person concerned),

the aforementioned 2 year period shall, for the purposes of those paragraphs, stand extended by the period referred to in subparagraph (ii).

(19)Where more than one individual is a party to a claim under this section and a liability arises under subsection (17) or (18) in respect of payment to the Revenue Commissioners of an amount equal to the amount of the appropriate payment, or part of such an amount, each party to the claim shall be liable jointly and severally.

(20)

(a)Where a person who is liable to pay to the Revenue Commissioners an amount referred to in subsection (17)(b) or paragraph (a), (b), (c) or (d) of subsection (18) fails to pay that amount, a Revenue officer may, at any time, make an assessment or an amended assessment on that person for a year of assessment or accounting period, as the case may be, in an amount that, according to the best of that officer’s judgement, ought to be charged on that person.

(b)A person aggrieved by an assessment or an amended assessment made on that person under this subsection may appeal the assessment or the amended assessment to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of assessment or amended assessment.

(c)Where in accordance with paragraph (a), a Revenue officer makes an assessment or an amended assessment on a person in an amount that, according to the best of that officer’s judgement, ought to be charged on that person, the amount so charged shall, for the purposes of paragraph (a) and Part 42, be deemed to be tax due and payable in respect of the tax year in which the person is liable to pay the amount involved and shall carry interest as determined in accordance with subsection (2) of section 1080 as if a reference in that subsection to the date when the tax became due and payable were a reference to the date the amount so charged is, under this section, payable to the Revenue Commissioners.

(d)Any liability to pay an amount to which paragraph (a) applies, including any interest thereon, which is due and unpaid by a qualifying contractor under this section shall be and remain a charge on the freehold or leasehold estate or interest in the land on which the qualifying residence was to be constructed, where the contractor retains such estate or interest in the land.

(e)Notwithstanding section 36 of the Statute of Limitations 1957, the charge referred to in paragraph (d) shall continue to apply, without limit as to time, until such time as it is paid in full.

(21)An individual aggrieved by a decision by the Revenue Commissioners to refuse a claim under this section may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days of the notice of that decision.

(22)Anything required to be done by or under this section by the Revenue Commissioners may be done by any Revenue officer.

(23)Any application, claim, information, confirmation, declaration or documentation required by this section shall be given by electronic means and through such electronic systems as the Revenue Commissioners may make available for the time being for any such purpose, and the relevant provisions of Chapter 6 of Part 38 shall apply.

(24)Section 1021 shall not apply where an appropriate payment is made under this section.

(25)No application or claim may be made under this section after 31 December 2025.

478.

Relief for payments made by certain persons in respect of alarm systems.

(1)In this section –

“appropriate percentage”, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

“installation” means the placing in position, including any necessary wiring, drilling, plastering or similar work, of a relevant alarm system;

“qualifying expenditure”, in relation to a qualifying individual, means expenditure incurred in the qualifying period in connection with either or both the provision and installation of a relevant alarm system in a premises which is the qualifying individual’s sole or main residence, but does not include any expenditure in so far as it is in respect of the repair, maintenance or monitoring of such an alarm system;

“qualifying individual”, in relation to qualifying expenditure, means an individual who at the time the expenditure is incurred has attained the age of 65 years and who for the greater part of the year of assessment in which the expenditure is incurred lives alone;

“qualifying period” means the period beginning on the 23rd day of January, 1996, and ending on the 5th day of April, 1998;

“relative”, in relation to a qualifying individual, includes a relation by marriage and a person in respect of whom the individual is or was the legal guardian;

“relevant alarm system” means an electrical apparatus which when activated is designed to give notice to the effect that there is an intruder present or attempting to enter the premises in which it is installed.

(2)Where a claimant, being a qualifying individual or a relative of that individual, having made a claim in that behalf, proves that he or she has incurred qualifying expenditure in relation to the qualifying individual, the income tax to be charged on the claimant, other than in accordance with section 16(2), for the year of assessment in which the expenditure is incurred shall be reduced by an amount which is the least of –

(a)the appropriate percentage of the qualifying expenditure,

(b)the appropriate percentage of €1,015.79, and

(c)the amount which reduces that income tax to nil.

(3)Any claim for relief under this section shall be in such form as may be prescribed by the Revenue Commissioners for the purpose and shall be accompanied by a receipt or receipts, as may be appropriate, for the amount of qualifying expenditure incurred; but, where the qualifying expenditure includes expenditure in respect of installation, the receipt in respect of such expenditure shall contain the installer’s name and address and the installer’s value-added tax registration number or income tax reference number.

(4)Any deduction made under this section shall be in substitution for and not in addition to any deduction to which the individual might be entitled in respect of the same payment under any other provision of the Income Tax Acts.

478A.

Stay and spend tax credit.

(1)In this section –

‘eligible service provider’ means a person who –

(a)provides a qualifying service in the course of carrying on a business,

(b)has been issued with a tax clearance certificate in accordance with section 1095 and such tax clearance certificate has not been rescinded under subsection (3A) of that section, and

(c)is an accountable person under section 5 of the Value-Added Tax Consolidation Act 2010 and has been assigned a VAT registration number under section 65 of that Act;

‘food and drink’ means food with or without drink, but does not include drink without food;

‘holiday accommodation’ means accommodation at –

(a)premises that are registered in a register maintained and kept by the National Tourism Development Authority under Part III of the Tourist Traffic Act 1939, or

(b)premises that are listed in the list published or caused to be published by the National Tourism Development Authority under section 9 of the Tourist Traffic Act 1957;

‘PPS Number’, in relation to an individual, means the individual’s Personal Public Service Number within the meaning of section 262 of the Social Welfare Consolidation Act 2005;

‘qualifying expenditure’ means expenditure on a qualifying service provided by a qualifying service provider but does not include expenditure incurred –

(a)on the provision of any alcoholic drink provided as part of the qualifying service, or

(b)on a particular instance of the provision of a qualifying service where the expenditure so incurred is less than €25;

‘qualifying period’ means the period beginning on 1 October 2020 and expiring on the day that is the later of –

(a)30 April 2021, and

(b)where the Minister for Finance makes an order for the purposes of this paragraph, the day specified in the order;

‘qualifying service’ means –

(a)the provision of holiday accommodation, or

(b)the provision of food and drink, in a form suitable for human consumption without further preparation, in a hotel, restaurant, café, licensed premises (within the meaning of section 2 of the Public Health (Alcohol) Act 2018) or other similar establishment, where the food and drink so provided is consumed in the establishment in which it is provided;

‘qualifying service provider’ means an eligible service provider who has provided to the Revenue Commissioners (through such electronic means as the Revenue Commissioners make available) the information specified in subsection (2) and to whom a notice has been issued by the Revenue Commissioners in accordance with subsection (3)(a);

‘tax reference number’ means, in the case of an individual, the individual’s PPS Number and, in the case of a company, the reference number stated on any return of income form or notice of assessment issued to the company by the Revenue Commissioners;

‘tax year’ means a year of assessment for income tax purposes.

(2)The information referred to in the definition of ‘qualifying service provider’ in subsection (1) is as follows:

(a)the service provider’s name, including any trading name (if different);

(b)the service provider’s business address;

(c)the service provider’s tax reference number;

(d)the service provider’s VAT registration number;

(e)the service provider’s tax clearance access number (within the meaning of section 1094);

(f)where the service provider provides holiday accommodation –

(i)details of the type of accommodation provided,

(ii)in the case of premises registered in a register kept by the National Tourism Development Authority under Part III of the Tourist Traffic Act 1939, details of such registration, and

(iii)in the case of premises listed in the list published or caused to be published by the National Tourism Development Authority under section 9 of the Tourist Traffic Act 1957, details of such listing;

(g)where the service provider provides food and drink, details of the type of establishment in which the food and drink is provided;

(h)a declaration that the service provider is an eligible service provider for the purposes of this section;

(i)such other information as may reasonably be required by the Revenue Commissioners for the purposes of determining whether the requirements of this section are met.

(3)As soon as practicable after receipt of the information referred to in subsection (2) from a service provider the Revenue Commissioners shall –

(a)where they are satisfied that the information is complete and accurate, issue to that service provider a notice specifying that the service provider is a qualifying service provider for the purposes of this section, or

(b)where they are not so satisfied, issue to that service provider a notice specifying that the service provider is not a qualifying service provider for the purposes of this section and the reasons why they are not so satisfied,

and any such notice may be issued in writing or by electronic means.

(4)Notwithstanding any obligation imposed on the Revenue Commissioners under section 851A in relation to the confidentiality of taxpayer information (within the meaning of that section), the trading name, business address and nature of the business of all qualifying service providers shall be published on the website of the Revenue Commissioners.

(5)Subject to this section, where, for a tax year, an individual (in this section referred to as the ‘claimant’), on making a claim in that behalf, proves that, in the part of the tax year that coincides with the qualifying period, qualifying expenditure was incurred by –

(a)in a case in which the claimant is a married person assessed to tax for the tax year in accordance with section 1017 or a civil partner assessed to tax for the tax year in accordance with section 1031C, the claimant or his or her spouse or civil partner, or

(b)in any other case, the claimant,

then the claimant shall be entitled to a tax credit (to be known as the ‘stay and spend tax credit’) equal to –

(i)in a case referred to in paragraph (a), the lesser of –

(I)€250, and

(II)20 per cent of the total qualifying expenditure incurred by the claimant, or his or her spouse or civil partner, in the part of the tax year that coincides with the qualifying period,

(ii)in any other case, the lesser of –

(I)€125, and

(II)20 per cent of the total qualifying expenditure incurred by the claimant in the part of the tax year that coincides with the qualifying period.

(6)

(a)Subject to paragraph (b), where a claimant is entitled under this section to a tax credit for each of the tax years 2020 and 2021, the aggregate of the tax credits for those tax years shall not exceed –

(i)in a case in which the claimant is, for each of those tax years, a married person assessed to tax in accordance with section 1017 or a civil partner assessed to tax in accordance with section 1031C, €250, or

(ii)in the case of any other claimant, €125.

(b)Where a claimant is entitled under this section to a tax credit for each of the tax years 2020 and 2021 and is, for only one of those tax years, a married person assessed to tax in accordance with section 1017 or a civil partner assessed to tax in accordance with section 1031C, the aggregate of the tax credits in respect of the claimant and his or her spouse or civil partner for those tax years shall be determined as if the claimant were a married person assessed to tax in accordance with section 1017 or a civil partner assessed to tax in accordance with section 1031C for each of those tax years.

(7)Notwithstanding any other provision of the Income Tax Acts or Part 18D, where the amount of a tax credit to which a claimant is entitled under this section in a tax year is greater than the amount of income tax payable by the claimant for the tax year after any other allowance, deduction or relief specified in the Table to section 458 has been given to the claimant, the difference between the amount of the tax credit and the amount of income tax payable may be set against a charge to universal social charge which is due and payable by the claimant for that tax year.

(8)On making a claim under this section, a claimant shall provide to the Revenue Commissioners, through such electronic means as the Revenue Commissioners make available, the following information:

(a)his or her name, address and PPS Number;

(b)in the case of a claimant referred to in subsection (5)(a), the name, address and PPS Number of the claimant’s spouse or civil partner;

(c)full particulars of the qualifying expenditure incurred, including –

(i)the trading name and business address of the qualifying service provider,

(ii)details of the qualifying service,

(iii)a copy of the statement issued by the qualifying service provider on receipt of payment specifying the qualifying service provided to the claimant, and

(iv)any other relevant information that may reasonably be required by the Revenue Commissioners to determine whether the requirements of this section are met.

(9)A qualifying service provider shall, when required to do so by notice in writing by the Revenue Commissioners, furnish the Revenue Commissioners, within such time (not being less than 30 days) as may be specified in the notice, with such information as the Revenue Commissioners consider necessary for the purposes of determining whether the requirements of this section are met.

(10)

(a)The Minister for Finance may, in order to mitigate the adverse economic consequences resulting, or likely to result, from the spread of Covid-19, by order specify a day for the purpose of paragraph (b) of the definition of ‘qualifying period’.

(b)The Minister for Finance shall not specify in an order under paragraph (a) a day that falls after 31 December 2021.

(c)An order under this subsection shall be laid before Dáil Éireann as soon as may be after it has been made and, if a resolution annulling the order is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

479.

Relief for new shares purchased on issue by employees.

(1)

(a)In this section –

“director” has the same meaning as in Chapter 3 of Part 5;

“eligible employee”, in relation to a qualifying company, means –

(i)where the company is a trading company, a director or an employee of the company, or

(ii)where the company is a holding company, a director or an employee of the company or of a company which is its 75 per cent subsidiary;

“eligible shares”, in relation to a qualifying company, means new shares forming part of the ordinary share capital of the company which –

(i)are fully paid up,

(ii)throughout the period of 3 years beginning with the date on which they are issued, carry no present or future preferential right to dividends or to the company’s assets on its winding up and no present or future preferential right to be redeemed,

(iii)are not subject to any restrictions other than restrictions which attach to all shares of the same class, and

(iv)are issued to and acquired by an eligible employee in relation to the company at not less than their market value at the time of issue;

“holding company” means a company whose business consists wholly or mainly of the holding of shares or securities of trading companies which are its 75 per cent subsidiaries;

“market value” shall be construed in accordance with section 548;

“qualifying company” means a company which at the time the eligible shares are issued is –

(i)incorporated in the State,

(ii)resident in the State and not resident elsewhere, and

(iii)

(I)a trading company, or

(II)a holding company;

“trading company” means a company whose business consists wholly or mainly of the carrying on wholly or mainly in the State of a trade or trades;

“75 per cent subsidiary”, in relation to a company, has the meaning assigned to it for the purposes of the Corporation Tax Acts by section 9, as applied for the purposes of section 411 by paragraphs (b) and (c) of subsection (1) of that section.

(b)References in this section to a disposal of shares include references to a disposal of an interest or right in or over the shares, and an individual shall be treated for the purposes of this section as disposing of any shares which he or she is treated by virtue of section 587 as exchanging for other shares.

(c)Shares in a company shall not be treated for the purposes of this section as being of the same class unless they would be so treated if dealt in on a stock exchange in the State.

(2)Subject to this section, where an eligible employee in relation to a qualifying company subscribes for eligible shares in the qualifying company, the eligible employee shall be entitled to have a deduction made from his or her total income for the year of assessment in which the shares are issued of an amount equal to the amount of the subscription; but a deduction shall not be given to the extent to which the amount subscribed by an eligible employee for eligible shares issued to him or her in all years of assessment exceeds €6,350.

(3)Subsection (2) shall not apply as respects any amount subscribed for eligible shares if within the period of 3 years from the date of their acquisition –

(a)those shares are disposed of, or

(b)the eligible employee who made the subscription receives in respect of those shares any money or money’s worth which does not constitute income in his or her hands for the purpose of income tax,

and there shall be made all such assessments, additional assessments or adjustments of assessments as are necessary to withdraw any relief from income tax already given under subsection (2) in respect of the amount subscribed.

(4)Except where the shares are in a company whose ordinary share capital, at the time of acquisition of the shares by the eligible employee, consists of shares of one class only, the majority of the issued shares of the same class as the eligible shares shall be shares other than –

(a)eligible shares, and

(b)shares held by persons who acquired their shares in pursuance of a right conferred on them or an opportunity afforded to them as a director or employee of the qualifying company or any of its 75 per cent subsidiaries.

(5)In relation to shares in respect of which relief has been given under subsection (2) and not withdrawn, any question –

(a)as to which (if any) such shares issued to an eligible employee at different times a disposal relates, or

(b)as to whether a disposal relates to such shares or to other shares,

shall for the purposes of this section be determined as it would be determined for the purposes of section 508M.

(6)Where there occurs in relation to any of the eligible shares of an eligible employee (in this subsection referred to as “the original holding”) a transaction which results in a new holding (within the meaning of section 584) being equated with the original holding for the purposes of capital gains tax, then, for the purposes of subsection (3) –

(a)the new holding shall be treated as shares in respect of which relief under this section has been given,

(b)the transaction shall not be treated as involving a disposal of the original holding,

(c)the consideration for the disposal of the original holding to the extent that it consists of the new holding shall not be treated as money or money’s worth, and

(d)a disposal of the whole or a part of the new holding shall be treated as a disposal of the whole or a corresponding part of the shares in respect of which relief has been given under this section.

(7)Any amount in respect of which relief is allowed under subsection (2) and not withdrawn shall be treated as a sum which by virtue of section 554 is to be excluded from the sums allowable under section 552.

(8)An eligible employee shall not be entitled to relief under subsection (2) in respect of any shares unless the shares are subscribed for and issued for bona fide commercial reasons and not as part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax.

(9)The deduction authorised by subsection (2) shall not be made in respect of eligible shares where those shares are subscribed for on or after 8 December 2010.

480.

Relief for certain sums chargeable under Schedule E.

(1)

(a)In this section –

“director” and “proprietary director” have the same meanings respectively as in section 472;

“employee”, in relation to a body corporate, includes any person taking part in the management of the affairs of the body corporate who is not a director, and includes a person who is to be or has been an employee;

“part-time director”, in relation to a body corporate, means a director who is not required to devote substantially the whole of his or her time to the service of the body corporate;

“proprietary employee”, in relation to a company, means an employee who is the beneficial owner of, or able, either directly or through the medium of other companies or by any other indirect means, to control, more than 15 per cent of the ordinary share capital of the company.

(b)For the purposes of the definitions of “proprietary director” and “proprietary employee”, ordinary share capital which is owned or controlled as referred to in those definitions by a person, being a spouse, a civil partner, a minor child or a minor child of the civil partner, of a director or employee, or by a trustee of a trust for the benefit of a person or persons, being or including any such person or such director or employee, shall be deemed to be owned or controlled by such director or employee and not by any other person.

(2)

(a)Subject to paragraph (b), this section shall apply to any payment which is chargeable to tax under Schedule E and made to the holder of an office or employment to compensate for –

(i)a reduction or a possible reduction of future remuneration arising from a reorganisation of the business of the employer under whom the office or employment is held or a change in the working procedures, working methods, duties or rates of remuneration of such office or employment, or

(ii)a change in the place where the duties of the office or employment are performed.

(b)This section shall not apply to –

(i)a payment to which section 123 applies, or

(ii)a payment to –

(I)a proprietary director,

(II)a part-time director,

(III)a proprietary employee, or

(IV)a person who is a part-time employee by reason of not being required to devote substantially the whole of his or her time to the service of his or her employer.

(3)Where an individual has received a payment to which this section applies, the individual shall be entitled, on making a claim in that behalf and on proof of the relevant facts to the satisfaction of the inspector, to have the total amount of income tax payable by the individual for the year of assessment for which the payment is chargeable reduced to the total of the following amounts –

(a)the amount of income tax which would have been payable by him or her for that year if he or she had not received the payment, and

(b)income tax on the whole of the payment at the rate ascertained in the manner specified in subsection (4).

(4)There shall be ascertained the additional income tax, over and above the amount referred to in subsection (3)(a), which would have been payable by the holder of the office or employment if his or her total income for the year of assessment referred to in subsection (3) had included one-third only of the payment, and the rate of income tax for the purposes of subsection (3)(b) shall then be ascertained by dividing the additional income tax computed in accordance with this subsection by an amount equal to one-third of the payment.

(5)

(a)Relief from tax under this section shall in all cases be given by means of repayment.

(b)A claimant shall not be entitled to relief under this section in respect of any income the tax on which he or she is entitled to charge against any other person, or to deduct, retain or satisfy out of any payment which he or she is liable to make to any other person.

480A. Relief on retirement for certain income of certain sportspersons.
(1)In this section –

‘basis period’, in relation to a year of assessment, means the period on the profits or gains of which income tax for the year of assessment is to be finally computed under the Income Tax Acts;

‘EEA Agreement’ means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement;

‘EEA state’ means a state, other than the State, which is a contracting party to the EEA Agreement;

‘EFTA state’ means a state, other than an EEA state, which is a member of the European Free Trade Association;

‘relevant individual’ means an individual who –

(a)engaged in a specified occupation or carried on a specified profession,

(b)complied with the Income Tax Acts, and

(c)is resident in the State, the United Kingdom, an EEA state or an EFTA state for the retirement year;

‘relevant period’ means the retirement year and the 14 years of assessment immediately preceding the retirement year;

‘relevant years’ means the years of assessment as specified by the relevant individual, not exceeding 10 years of assessment, in the relevant period;

‘retirement year’ means the year of assessment in respect of which the relevant individual proves to the satisfaction of the Revenue Commissioners that he or she has, in that year of assessment, ceased permanently to be engaged in a specified occupation or to carry on a specified profession;

‘specified occupation’ and ‘specified profession’ mean an occupation or profession, as the case may be, specified in Schedule 23A.

(2)Notwithstanding any other provision of the Income Tax Acts other than section 960H, this section applies to a relevant individual who ceased permanently to be engaged in a specified occupation or to carry on a specified profession.

(3)Where this section applies, the relevant individual shall, on the making of a claim in that behalf, within 4 years from the end of the retirement year, be entitled to have deductions made from his or her total income for the relevant years.

(4)

(a)Subsection (3) shall apply notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made.

(b)Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of a timely claim for relief under this section where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made.

(5)The amount of the deduction to be made under subsection (3) for any year of assessment shall be an amount equal to 40 per cent of the receipts, before deducting expenses, of the relevant individual for the basis period for that year of assessment which arose wholly and exclusively from the engagement of the relevant individual in the specified occupation or from the carrying on by the relevant individual of the specified profession, as the case may be.

(6)For the purposes of subsection (5), receipts shall be regarded as deriving wholly and exclusively from the engagement of the relevant individual in the specified occupation or from the carrying on by the relevant individual of the specified profession, as the case may be, only to the extent that such receipts derive directly from the actual participation by the relevant individual in the sport associated with the specified occupation or the specified profession, and accordingly –

(a)include –

(i)where the relevant individual is an employee, so much of all salaries, fees, wages, bonuses or perquisites paid to the relevant individual by his or her employer as a direct consequence of the participation by the relevant individual in the sport associated with the specified occupation, and

(ii)where the relevant individual carries on the specified profession, all match or performance fees, prize moneys and appearance moneys paid to the relevant individual by any other person as a direct consequence of the participation of the relevant individual in the sport associated with the specified profession,

but

(b)do not include –

(i)sponsorship moneys received by the relevant individual, or

(ii)receipts received by the relevant individual for participation in advertisements, promotions, videos or television or radio programmes, or for personal appearances or interviews, newspaper or magazine articles, or for the right to use the individual’s image or name to promote or endorse products or services or in any other manner.

(7)A claim under this section shall be made –

(a)where the relevant individual is required to submit a return of income for the retirement year, by including a claim in the return of income, or

(b)where the relevant individual is not required to submit a return of income for the retirement year, by submitting a claim to the Revenue Commissioners.

(8)

(a)Relief from income tax under this section shall in all cases be given by means of repayment.

(b)Any repayment of income tax due under this section shall not carry interest.

(c)Relief under this section for any year of assessment shall not create or augment a loss for that year of assessment for the purposes of Chapter 1 of Part 12.

(9)A deduction given under this section for any year of assessment shall not be taken into account in determining the net relevant earnings (within the meaning of section 787 or 787B) of the relevant individual for that year of assessment.

(10)Where any relief has been given to a relevant individual under this section and the relevant individual subsequently recommences to be engaged in the specified occupation or to carry on the specified profession, as the case may be, that relief shall be withdrawn by making an assessment to income tax under Case IV of Schedule D for the year of assessment for which that relief was given and, notwithstanding anything in the Income Tax Acts, such an assessment may be made at any time.

480B. Relief arising in special circumstances.
(1)Subject to subsection (12), this section applies where emoluments –

(a)which are chargeable to income tax under subsection (3) of section 112, and

(b)from which income tax has been deducted in accordance with the provisions of Chapter 4 of Part 42 and any regulations made thereunder,

are paid on 31 December in a tax year or, if that year is a leap year, on 30 or 31 December in that year (referred to in this section as the ‘relevant date’) to an individual who is paid weekly or fortnightly.

(2)Subject to subsections (4) and (5), a reduction, deduction or tax credit provided for under a provision specified in subsection (3) which is applicable to the individual concerned shall be increased by –

(a)one fifty-second of the amount of the reduction, deduction or tax credit, as the case may be, where the individual is paid weekly and is so paid on the relevant date, or

(b)one twenty-sixth of the amount of the reduction, deduction or tax credit, as the case may be, where the individual is paid fortnightly and is so paid on the relevant date.

(3)The provisions referred to in subsection (2) are sections 461, 461A, 462B, 463, 464, 465, 466, 466A, 468, 470(2), 472, 472AB, 472B, 472BA and 472BB.

(4)Where the emoluments paid to the individual concerned on the relevant date are less than the amount calculated as follows –

A + B

where –

Ais the amount by which the reductions and deductions applicable to the individual concerned are increased in accordance with paragraph (a) or (b) of subsection (2), as the case may be, and

Bis the amount by which the tax credits applicable to the individual concerned are increased in accordance with paragraph (a) or (b) of subsection (2), as the case may be, divided by the standard rate of tax for the tax year,

the amount of the increase effected by subsection (2) shall be an amount equal to the amount of the emoluments paid to the individual concerned on the relevant date.

(5)Where the individual concerned is paid weekly and fortnightly on a relevant date in a tax year, the amount of the increase effected by subsection (2) shall be the greater of the increase resulting from –

(a)the application of subsections (2) and (4) to the weekly payment only, and

(b)the application of subsections (2) and (4) to the fortnightly payment only.

(6)Subject to subsections (8) and (9), the part of taxable income specified in the first row of column (1) of Parts 1, 2 and 3 of the Table to section 15 shall be increased by –

(a)one fifty-second of the amount specified, where the individual concerned is paid weekly and is so paid on the relevant date, or

(b)one twenty-sixth of the amount specified, where the individual concerned is paid fortnightly and is so paid on the relevant date.

(7)Subject to subsections (8) and (9), where –

(a)subsection (3) of section 15 applies, and

(b)this section applies both in respect of –

(i)emoluments paid to the individual concerned which are charged to tax for a year of assessment in accordance with section 1017 or 1031C, and

(ii)emoluments paid to the spouse or civil partner of the individual referred to in subparagraph (i),

the amount specified in subparagraph (i) of section 15(3) shall be increased by –

(I)one fifty-second of the amount specified, where the spouse or civil partner of the individual referred to in subparagraph (i) is paid weekly and is so paid on the relevant date, or

(II)one twenty-sixth of the amount specified, where the spouse or civil partner of the individual referred to in subparagraph (i) is paid fortnightly and is so paid on the relevant date.

(8)Where the emoluments paid to the individual concerned on the relevant date are less than the amount calculated as follows –

A + B

where –

Ais the amount by which the part of taxable income specified in the first row of column (1) of Part 1, 2 or 3, as the case may be, of the Table to section 15 is increased in accordance with subsection (6), and 5

Bis the amount, if any, by which the amount specified in subparagraph (i) of section 15(3) is increased in accordance with subsection (7),

the aggregate amount of the increase to the part of taxable income specified in the first row of column (1) of Part 1, 2 or 3, as the case may be, of the Table to section 15 effected by the application of subsection (6) and, to the extent that it is applicable, subsection (7), shall be an amount equal to the amount of the emoluments paid to the individual concerned on the relevant date.

(9)Where the individual concerned or their spouse or civil partner is, or both the individual and their spouse or civil partner are, paid weekly and fortnightly on a relevant date in a tax year, the amount of the increase effected by the application of subsections (6), (7) and (8) shall be the greatest of the amounts which result from the application of those subsections to each of the possible permutations of only one of the two payments to the individual or their spouse or civil partner, as the case may be, being taken into account for the purpose of calculating the increase effected by the application of those subsections.

(10)Subject to subsection (11), where section 188 applies, the specified amount (within the meaning of that section) shall be increased by –

(a)one fifty-second of the specified amount, where the individual concerned is paid weekly and is so paid on the relevant date, or

(b)one twenty-sixth of the specified amount, where the individual concerned is paid fortnightly and is so paid on the relevant date,

but the amount of any such increase shall not exceed the amount of the emoluments paid to the individual on the relevant date.

(10A)Subject to subsection (11), where section 466A applies, the amount of the threshold specified in subsection (6)(a) of that section (in this subsection referred to as the ‘monetary threshold’) shall be increased by –

(a)one fifty-second of the monetary threshold, where the individual concerned is paid weekly and is so paid on the relevant date, or

(b)one twenty-sixth of the monetary threshold, where the individual concerned is paid fortnightly and is so paid on the relevant date,

but the amount of any such increase shall not exceed the amount of the emoluments paid to the individual on the relevant date.

(11)Where the individual concerned is paid weekly and fortnightly on a relevant date in a tax year, the amount of the increase effected by subsection (10) or (10A), in a case in which either of those subsections applies, shall be the greater of the increase resulting from –

(a)the application of that subsection to the weekly payment only, and

(b)the application of that subsection to the fortnightly payment only.

(12)This section shall not apply where –

(a)the normal day on which emoluments are paid to the individual concerned during a tax year changes either during that year or the preceding year, or

(b)a payment of emoluments occurs on a relevant date and that date is not the normal day on which emoluments are paid to the individual concerned.

(13)A reference in subsection (12) to the normal day is a reference to the day during the weekly or fortnightly cycle, as the case may be, on which emoluments are paid to the individual concerned.

480C.

Residential premises rental income relief

(1)In this section –

‘Act of 1982’ means the Housing (Private Rented Dwellings) Act 1982;

‘Act of 2004’ means the Residential Tenancies Act 2004;

‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

‘first year of assessment’, in relation to a person chargeable, means the year of assessment in which the person chargeable first claims a tax credit under this section;

‘ownership’, in relation to the ownership of a premises by a person, includes ownership of the premises by the person jointly with another person;

‘person chargeable’ means an individual who is a person chargeable within the meaning of section 96;

‘qualifying premises’ means a rented residential premises situated in the State –

(a)that on the specified date is owned by a person chargeable, and

(b)to which, on that date, one of the following subparagraphs applies:

(i)the premises is occupied by a tenant under a tenancy registered under Part 7 of the Act of 2004 by the person chargeable;

(ii)the premises is a premises to which Part II of the Act of 1982 applies and is occupied by a tenant;

(iii)the premises is let to a public authority (within the meaning of the Act of 2004) and is occupied by a tenant;

(iv)the premises is being actively marketed for rent with a view to the person chargeable entering into a residential tenancy agreement with a willing tenant;

‘relevant amount’, in relation to a person chargeable in a year of assessment, means the amount of profits or gains arising from all qualifying premises owned by the person chargeable and on which the person chargeable is assessed to tax under Case V of Schedule D after any allowance is made in charging the income under Case V of Schedule D in accordance with section 305(1)(a) or relief for losses under section 384;

‘relevant year of assessment’ in relation to a person chargeable, means any of the 4 consecutive years of assessment beginning with the first year of assessment in relation to the person;

‘rent’ has the same meaning as it has in section 96;

‘rented residential premises’ has the same meaning as it has in section 96;

‘specified date’ means 31 December in a year of assessment.

(2)In relation to a year of assessment, a person chargeable shall be entitled to a tax credit of the lesser of –

(a)in respect of the year of assessment 2024 –

(i)€600, or

(ii)an amount equal to the appropriate percentage of the relevant amount,

(b)in respect of the year of assessment 2025 –

(i)€800, or

(ii)an amount equal to the appropriate percentage of the relevant amount,

(c)in respect of the year of assessment 2026 –

(i)€1,000, or

(ii)an amount equal to the appropriate percentage of the relevant amount,

and

(d)in respect of the year of assessment 2027 –

(i)€1,000, or

(ii)an amount equal to the appropriate percentage of the relevant amount.

(3)This section shall not apply in respect of a person chargeable where any qualifying premises owned by the person is occupied by a tenant who is –

(a)a person connected to the person chargeable by virtue of section 10, or

(b)an uncle, aunt, niece or nephew of the person chargeable or of a spouse or civil partner of the person chargeable.

(4)This subsection applies in respect of a relevant year of assessment where –

(a)the person chargeable concerned ceases, during the relevant year, to be a person chargeable in respect of any qualifying premises that was owned by that person during the first year of assessment, or

(b)any qualifying premises that was owned by the person chargeable during the first year of assessment is let, during the relevant year, to a tenant to whom paragraph (a) or (b) of subsection (3) applies.

(5)Where subsection (4) applies in respect of a relevant year of assessment –

(a)an amount, the income tax on which, at the standard rate for the year of assessment, is equal to the amount of the tax credit claimed under this section by the person chargeable in that year or any previous year of assessment, shall be deemed to be profits or gains of the person chargeable computed under section 97(1) in the year of assessment, and

(b)assessments shall, as necessary, be made or amended to give effect to this subsection.

(6)A person chargeable shall not be entitled to a tax credit under this section for a year of assessment, unless, on the specified date in that year –

(a)the requirements of the Finance (Local Property Tax) Act 2012, in relation to the making of returns and the payment of local property tax, have been complied with in respect of all qualifying premises owned by the person chargeable, and

(b)the person chargeable has been issued with a tax clearance certificate in accordance with section 1095 and such tax clearance certificate has not been rescinded under subsection (3A) of that section.

(7)Subject to subsections (8) and (9), where, for any year of assessment, a qualifying premises is owned by more than one person chargeable, the amount of the tax credit under this section to which each such person shall be entitled shall be the amount of the tax credit, calculated in accordance with subsection (2), that is equal to the portion of the Case V profits or gains arising from the qualifying premises to which the person chargeable concerned is entitled.

(8)Subsection (7) shall not operate to affect the entitlement of a person chargeable to a tax credit under this section in respect of a qualifying premises (‘the first-mentioned qualifying premises’), other than the qualifying premises referred to in that subsection, where the first-mentioned qualifying premises is owned solely by the person chargeable.

(9)Where subsection (7) applies to a person chargeable in respect of more than one qualifying premises, the amount of the tax credit under this section to which that person chargeable shall be entitled shall be the higher or highest proportion of the tax credit to which that person chargeable is entitled in respect of any of those qualifying premises.

(10)This section shall apply in respect of the years of assessment 2024, 2025, 2026 and 2027.

Chapter 2 Income tax and corporation tax: reliefs applicable to both (ss. 481-485B)

481.

Relief for investment in films.

(1)In this section –

“assisted region” means an area specified in paragraph (1) of the Annex to the Commission Decision C(2014) 3153;

‘broadcast’ has the meaning assigned to it by section 2 of the Broadcasting Act 2009;

‘broadcaster’ means a person who has responsibility for a ‘broadcasting service’ as defined in section 2 of the Broadcasting Act 2009;

‘certificate’ means a certificate issued by the Minister under subsection (2);

‘director’ shall be construed in accordance with section 433(4);

“eligible expenditure” means the portion of the total cost of production of a qualifying film that is expended on the production of the film in the State –

(a)directly by the qualifying company concerned on the employment of eligible individuals, in so far as those individuals exercise their employment in the production of the film,

(b)directly or indirectly by the qualifying company concerned, on the provision of certain goods, services and facilities, as set out in regulations made under subsection (2E), and

(c)directly by the qualifying company concerned on the provision of labour only services by an individual (not being an eligible individual) for the purposes of the production of the film;

‘eligible individual’ means an individual employed by a qualifying company for the purposes of the production of a qualifying film;

“film” means –

(a)a film of a kind which is included within the categories of films eligible for certification by the Minister under subsection (2), and

(b)as respects every film, a film which is produced –

(i)on a commercial basis with a view to the realisation of profit, and

(ii)wholly or mainly for exhibition to the public in cinemas or by means of broadcast,

but does not include a film made for exhibition as an advertising programme or as a commercial;

‘film corporation tax credit’, in relation to a qualifying film, subject to subsection (1B), means an amount equal to 32 per cent of the lowest of –

(a)the eligible expenditure amount,

(b)80 per cent of the total cost of production of the film, and

(c)€70,000,000;

‘the Minister’ means the Minister for Arts, Heritage and the Gaeltacht;

‘producer company’, means a company that –

(a)is resident in the State, or is resident in an EEA State other than the State and carries on business in the State through a branch or agency,

(b)carries on a trade of producing films –

(i)on a commercial basis with a view to the realisation of profit, and

(ii)that are wholly or principally for exhibition to the public in cinemas or by means of broadcast,

(c)is not a company, or a company connected to a company –

(i)that is a broadcaster, or

(ii)in the case of –

(I)a company, whose business consists wholly or mainly, or

(II)a company connected to another company, where the aggregate of the activities carried on by the company and every company to which it is connected, consists wholly or mainly,

of transmitting films on the internet,

(d)holds all of the shares in the qualifying company,

(e)has delivered to the Collector-General a return, in accordance with section 959I, in respect of –

(i)the accounting period referred to in paragraph (a) of the definition of ‘qualifying period’, or

(ii)each accounting period ending in the qualifying period, referred to in paragraph (b) of that definition,

as the case may be, and

(f)is not part of an undertaking which would be regarded as an undertaking in difficulty;

“qualifying company” means a company which –

(a)

(i)is incorporated and resident in the State, or

(ii)is carrying on a trade in the State through a branch or agency,

(b)exists solely for the purposes of the production of only one qualifying film, and

(c)does not contain in its name –

(i)registered under either or both the Companies Act 2014, and the Registration of Business Names Act, 1963, or

(ii)registered under the law of the territory in which it is incorporated,

the words ‘Ireland’, ‘Irish’, ‘Éireann’, ‘Éire’ or ‘National’;

“qualifying film”means a film in respect of which the Minister has issued a certificate under subsection (2),

‘qualifying period’, in relation to a film corporation tax credit means –

(a)the accounting period of the producer company, in respect of which the specified return date for the chargeable period, within the meaning of section 959A, immediately precedes the date the claim referred to in subsection (2G) was made, or

(b)where the accounting period referred to in paragraph (a) is a period of less than 12 months, the period –

(i)commencing on the date on which the most recently commenced accounting period, which commences on or before the date which is 12 months before the end of the accounting period referred to in paragraph (a) commences, and

(ii)ending on the date the accounting period referred to in paragraph (a) ends,

and references in subsection (3) to corporation tax and corporation tax paid shall be construed accordingly;

‘Rescuing & Restructuring Guidelines’ means the Communication of the Commission on Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty ;

‘specified amount’ has the meaning given to it by subsection (3)(b);

‘specified relevant person’ means a person who is a director or secretary of the producer company at any time during the period commencing when the qualifying period commences and ending 12 months after the date referred to in subsection (2C)(d);

‘total cost of production’, in relation to a qualifying film, means the qualifying expenditure, as determined in accordance with regulations made under subsection (2E), that was wholly, exclusively and necessarily incurred to produce the film;

‘undertaking’ means the relevant economic unit that would be regarded as an undertaking for the purposes of the Rescuing & Restructuring Guidelines;

‘undertaking in difficulty’ has the meaning assigned to it by the Rescuing & Restructuring Guidelines.

(1A)

(a)Subject to the provisions of this section, a producer company, that is not an undertaking in difficulty, may make an application to the Minister, in relation to a film to be produced by the company, for the issue by the Minister of a certificate stating that the film is to be treated as a qualifying film for the purpose of this section.

(b)An application for a certificate under paragraph (a) shall be in the form approved by the Minister and shall contain such information as may be specified in regulations made under subsection (2E).

(1B)

(a)

(i)Where the production of a qualifying film will take place in an assisted region, the producer company, in making its application under subsection (1A) on or after 1 January 2019, may apply for the certificate mentioned in that subsection to specify, in addition to that mentioned in that subsection, that an increased film corporation tax credit (in this section referred to as ‘the regional film development uplift’) shall apply as provided for in paragraph (b).

(ii)In considering whether, in the certification applied for, he or she should specify that the regional film development uplift shall apply, the Minister, in accordance with regulations made under subsection (2E), shall have regard to the following criteria:

(I)whether the production of the film will substantially be undertaken in an assisted region;

(II)whether there is limited availability of individuals with suitable experience or training who habitually reside within a 45 kilometre radius of the place of production to provide services, amounts expended upon which would form part of the eligible expenditure on the qualifying film; and

(III)in respect of the areas of expertise where there is limited availability, whether the company will provide training for individuals that habitually reside within that 45 kilometre radius.

(b)Where the certificate issued specifies that the regional film development uplift is to apply, the percentage specified in the definition of ‘film corporation tax credit’ shall be –

(i)as respects claims made on or before 31 December 2021, 37 per cent,

(ii)as respects claims made after 31 December 2021 but on or before 31 December 2022, 35 per cent,

(iii)as respects claims made after 31 December 2022 but on or before 31 December 2023, 34 per cent, or

(iv)as respects claims made after 31 December 2023, 32 per cent,

and, for the purposes of this paragraph, a reference to a claim is a reference to the first claim that a producer company makes in respect of a qualifying film under subsection (2G).

(2)

(a)The Minister may, following an application by a producer company under subsection (1A), subject to paragraph (b) and in accordance with regulations made under subsection (2E), issue a certificate to the producer company –

(i)stating that the film is to be treated as a qualifying film for the purpose of this section, and

(ii)specifying whether or not the regional film development uplift applies, if appropriate.

(b)In considering whether to issue the certificate referred to in paragraph (a), the Minister, in accordance with regulations made under subsection (2E), shall have regard to –

(i)the categories of films eligible for certification under this section, as specified in those regulations,

(ii)any contribution which the production of the film is expected to make to either or both the development of the film industry in the State and the promotion and expression of Irish culture,

(iii)the timing of the application by reference to the commencement of production in the State, and

(iv)the criteria specified in subsection (1B)(a)(ii) if appropriate,

and where the certificate such conditions, the Minister, having regard to those matters, shall specify in the authorisation such conditions, as the Minister may consider proper, including a condition

(I)that not less than –

(A)75 per cent, or

(B)in the case of a co-production (as specified in regulations made under subsection (2E)), such lower percentage, not being less than 10 per cent, which, the Minister specifies in the authorisation,

of the work on the production of the film shall be carried out in the State,

(II)in relation to –

(A)the employment and responsibilities of the producer, and the producer company, of a film for the production of that film, and

(B)the employment of personnel, including trainees, (other than the producer) for the production of that film,

(III)the nature and detail of acknowledgement in the opening titles or closing credits of the film, and

(IV)in respect of the Communication from the Commission (2013/C 332/01)
(A)the maximum aid intensity, and

(B)whether the film may be regarded as a difficult audiovisual work.

(c)Nothing in this section shall be construed as obliging the Minister to issue a certificate.

(d)The Minister may amend or revoke any condition (including a condition added by virtue of this paragraph) specified in the certificate, or add to such conditions, by giving notice in writing to the producer company concerned of the amendment, revocation or addition, and this section shall apply as if –

(i)a condition so amended or added by the notice was specified in the certificate, and

(ii)a condition so revoked was not specified in the certificate.

(e)[deleted]

(2A)

(a)[deleted]

(b)A producer company shall not make a claim for the film corporation tax credit under subsection (2G) if –

(i)there has not been issued to the producer company a certificate by the Minister in respect of that film,

(ii)the producer company, the qualifying company, any company controlled by the producer company and each person who is either the beneficial owner of, or able directly or indirectly to control, more than 15 per cent of the ordinary share capital of the producer company or the qualifying company, as the case may be, is not in compliance with all the obligations imposed by the Tax Acts, the Capital Gains Tax Acts or the Value-Added Tax Consolidation Act 2010 in relation to –

(I)the payments or remittances of taxes, interest or penalties required to be paid or remitted under those Acts,

(II)the delivery of returns, and

(III)requests to supply to an inspector accounts of, or other information about, any business carried on, by the producer company, the qualifying company or person, as the case may be,

(iii)the eligible expenditure amount is less than €125,000,

(iv)the total cost of the production of the film is less than €250,000,

(v)it is an undertaking in difficulty,

(vi)any company in an undertaking of which the producer company is part is subject to an outstanding recovery order following a previous decision of the Commission that declared an aid illegal and incompatible with the internal market, or

(vii)in relation to a claim under subsection (2G)(b)(i) –

(I)the agreements pursuant to which the financing of the film will be made available have not been executed, or the conditions that are required to be satisfied in those agreements for funding to commence have not been fulfilled, and

(II)an amount not less than 68 per cent of the amount on which the film corporation tax credit is based has not been lodged to an account held by the qualifying company with a financial institution on terms whereby such amount is to be expended by the qualifying company on the production of the film,

but neither clause (I) nor (II) shall apply where such other confirmations of financing, as set out in regulations under subsection (2E) and specified by those regulations to be acceptable for this purpose, are available.

(c)[deleted]

(d)[deleted]

(e)[deleted]

(f)A producer company shall not make a claim under subsection (2G) if it would be reasonable to consider that –

(i)in respect of a claim under subsection (2G)(b)(i), the budget or any particular item of proposed expenditure in the budget is inflated, or

(ii)

(I)there is no commercial rationale for the corporate structure –

(A)for the production, financing, distribution or sale of the film, or

(B)for all of those purposes, or

(II)the corporate structure would hinder the Revenue Commissioners in verifying compliance with any of the provisions governing the relief.

(g)[deleted]

(h)[deleted]

(i)Before making a claim a producer company shall have such information and records as the Revenue Commissioners may reasonably require for the purposes of determining whether that claim complies with this section.

(2B)In carrying out their functions under this section the Revenue Commissioners may –

(a)consult with any person, agency or body of persons, as in their opinion may be of assistance to them,

(b)notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by, or under, the Tax Acts or any other statute or otherwise, disclose any detail in a producer company’s application which they consider necessary for the purposes of such consultation, and

(c)where they have reason to believe that financial arrangements have been entered into in contravention of subsection (2C)(b), the Revenue Commissioners may seek any information they consider appropriate in relation to the arrangements or in relation to any person who is, directly or indirectly, a party to the arrangements.

(2C)A company shall not be regarded as a producer company in respect of a qualifying film for the purposes of this section –

(a)[deleted]

(b)if the financial arrangements which the company or the qualifying company enters into in relation to the qualifying film are –

(i)financial arrangements of any type with a person resident, registered or operating in a territory other than –

(I)a Member State of the European Communities, or

(II)a territory with the government of which, arrangements having the force of law by virtue of section 826(1), have been made,

(ii)financial arrangements under which funds are channelled, directly or indirectly, to, or through, a territory other than a territory referred to in clause (I) or (II) of subparagraph (i),

other than where those arrangements –

(A)relate to the filming of part of the qualifying film in a territory other than a territory referred to in clause (I) or (II) of subparagraph (i),

(B)the producer company has sufficient records to enable the Revenue Commissioners to verify, in the case of filming in such a territory, the amount of each item of expenditure on the production of the qualifying film expended in the territory, whether expended by the producer company or by any other person, and

(C)the producer company has such records in place to substantiate such expenditure in advance of making a claim under subsection (2G).

(ba)[deleted]

(c)without prejudice to the generality of section 886, unless the company provides, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (2), evidence to vouch each item of expenditure in the State or elsewhere on the production and distribution of the qualifying film, whether expended by the the producer company, qualifying company or by any other person engaged, directly or indirectly, by the the producer company or qualifying company to provide goods, services or facilities in relation to such production or distribution and, in particular, such evidence shall include –

(i)records required to be kept or retained by the producer company or the qualifying company by virtue of section 886, and

(ii)records, in relation to the production and distribution of the qualifying film, required to be kept or retained by that other person by virtue of section 886, or which would be so required if that other person were subject to the provisions of that section,

(ca)unless the company provides, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (2) a copy of the film in such format and manner required under paragraph (d)(ii),

(d)unless the company, within such time as is specified in the regulations made under subsection (2E) –

(i)notifies the Minister in writing of the date of completion of the production of the qualifying film, and

(ii)provides to the Minister such number of copies of the film in such format and manner as may be specified in those regulations,

(da)unless the company makes a claim under subsection (2G)(b)(ii), within the time referred to in paragraph (d), and has available, prior to making that claim, a compliance report, in such format and manner as is specified in the regulations made under subsection (2E), which provides proof that –

(i)the provisions of this section in so far as they apply in relation to the company and a qualifying company have been met, and

(ii)any conditions attaching to the certificate issued to the company in relation to a qualifying film have been fulfilled,

(e)if the company ceases to carry on the trade referred to in paragraph (b) of the definition of ‘producer company’, before a time which is 12 months after the date referred to in paragraph (d),

(f)if the company disposes of its shares in the qualifying company before a time which is 12 months after the date referred to in paragraph (d), and

(g)unless the company –

(i)enters into a contract with the qualifying company in relation to the production of the qualifying film, and

(ii)provides an amount not less than the specified amount to the qualifying company.

(h)[deleted]

(2CA)[deleted]

(2D)[deleted]

(2E)The Revenue Commissioners with the consent of the Minister for Finance, and with the consent of the Minister in relation to the matters to be considered regarding the issue of a certificate under subsection (2), shall make regulations with respect to the administration by them of the relief under this section and with respect to the matters to be considered by the Minister for the purposes of that subsection and, without prejudice to the generality of the foregoing, regulations under this subsection may include provision –

(a)governing the application for certification, the timing of such an application and the information and documents to be provided in or with such application,

(b)specifying the categories of films eligible for certification,

(c)[deleted]

(d)governing the records that a producer company and a qualifying company shall maintain or provide to the Revenue Commissioners,

(e)governing the period for which, and the place at which, such records shall be maintained,

(f)specifying the time within which a producer company shall notify the Minister of the completion of the production of a qualifying film,

(g)specifying the time within which, and the format, number and manner in which, copies of a qualifying film shall be provided to the Minister,

(h)specifying the form and content of the compliance report that must be available in accordance with subsection (2C)(da), the manner in which such report shall be made and verified, and the documents to accompany the report,

(i)governing the type of expenditure which may be treated as qualifying or eligible expenditure on the production of a qualifying film,

(j)governing the provision of the goods, services and facilities referred to in the definition of eligible expenditure, including the place of origin of those goods, services and facilities, the place in which they are provided and the location of the supplier,

(k)specifying the currency exchange rate to be applied to expenditure on the production of a qualifying film,

(l)specifying the criteria to be considered by the Minister, in relation to the matters referred to in subsection (2)(b) –

(i)in deciding whether to issue a certificate under subsection (2)(a), and

(ii)in specifying conditions in such certificate, as provided for in subsection (2)(b),

and the information required for those purposes to be included in the application made to the Minister by a producer company,

(la)specifying the criteria to be considered by the Minister, in relation to the matters referred to in subsection (1B)(a)(ii) –

(i)in deciding whether, in the certificate applied for under subsection (1A), he or she should specify that the regional film development uplift shall apply, and

(ii)in specifying conditions in such a certificate, as provided for in subsection (2)(b),

and the information required for those purposes to be included in the application made to the Minister by a producer company,

(m)governing financial arrangements in accordance with subsection (2C)(b)

(ma)specifying the confirmations of financing that are acceptable for the purpose of subsection (2A)(b)(vii),

(n)governing the employment of eligible individuals and the circumstances in which expenditure by a qualifying company would be regarded as expenditure on the employment of those individuals in the production of a qualifying film, and

(o)governing the payment of the specified amount by the Revenue Commissioners to the producer company.

(2F)[deleted]

(2G)

(a)In this section the ‘budgeted film corporation tax credit’ means the amount of the film corporation tax credit that would be payable if the amounts set out in the budget in respect of a qualifying film to be produced were incurred on the production of that qualifying film.

(b)Where the Minister has issued a certificate in relation to a qualifying film to a producer company and the provisions of this section have been complied with, a producer company may make a claim –

(i)in advance of the date referred to in subsection (2C)(d), for an amount not exceeding 90 per cent, or such lower amount as set out in regulations under subsection (2E), of the budgeted film corporation tax credit, or

(ii)in any other case, for the film corporation tax credit, less any amount already claimed pursuant to subparagraph (i).

(c)A claim under paragraph (b) shall be made in the return required under Part 41A, the specified return date of which immediately precedes the making of the claim.

(3)

(a)Where a producer company makes a claim under subsection (2G), the corporation tax of the company, for the qualifying period, shall be reduced by so much of an amount equal to the film corporation tax credit as does not exceed that corporation tax and where the qualifying period is a period referred to in paragraph (b) of the definition of ‘qualifying period’, the corporation tax of an earlier accounting period shall be reduced in priority to the corporation tax of a later accounting period.

(b)Subject to subsection (3C), where a producer company has made a claim under subsection (2G) and the amount of the credit exceeds the corporation tax of the qualifying period, as reduced by the corporation tax paid by the company in respect of that period but before any reduction under paragraph (a), the excess (in this section referred to as the ‘specified amount’) shall be paid to the producer company by the Revenue Commissioners.

(c)[deleted]

(3A)

(a)Any amount payable by the Revenue Commissioners to the company by virtue of subsection (3)(b) shall be deemed to be an overpayment of corporation tax, for the purposes only of section 960H(2).

(b)Any claim in respect of a specified amount shall be deemed for the purposes of section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate , a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a specified amount.

(c)Where the Revenue Commissioners have paid a specified amount to a producer company and it is subsequently found that all or part of the amount is not as authorised by this section (in this section referred to as the ‘unauthorised amount’), then –

(i)the company,

(ii)any director of the company, or

(iii)any person referred to in subparagraph (ii) of paragraph (b) of subsection (2A),

may be charged to tax under Case IV of Schedule D for the accounting period, or year of assessment, as the case may be, in respect of which the payment was made, in an amount equal to –

(I)in the case of a company, 4 times, and

(II)in the case of an individual, one hundred fortieths,

of so much of the specified amount as is not so authorised.

(d)The circumstances in which an unauthorised amount arises shall include any circumstances where the amount was claimed under subsection (2G) or paid in accordance with paragraph (b) of subsection (3) and –

(i)the company made a claim contrary to subsection (2G),

(ii)the producer company or the qualifying company –

(I)fails to satisfy or comply with any condition or obligation required by this section or regulations made under this section,

(II)fails to satisfy or comply with any condition or obligation specified in a certificate, including a condition to complete, deliver, exhibit or make available for exhibition the qualifying film by a time specified in a certificate, or

(III)at any time on or before the time referred to in subsection (2C)(e) fails to comply with any of the obligations referred to in subsection (2A)(b)(ii),

(iii)where a claim is made under subsection (2G)(b)(i) and –

(I)there has occurred a reduction in the expenditure, from the amount as stood budgeted, in respect of the qualifying film and the extent of that reduction is such that the amount claimed is in excess of 90 per cent of the revised budgeted film corporation tax credit (that is to say, that tax credit as it stands revised in consequence of that reduction), or

(II)where an amount equal to the budgeted eligible expenditure upon which a claim was based is not expended by the qualifying company wholly and exclusively on the production of the qualifying film without unreasonable delay.

(e)Where in accordance with paragraph (c) an assessment is made or amended in respect of a specified amount, the amount so charged shall for the purposes of section 1080 be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid by the Revenue Commissioners.

(3B)

(a)The amount which is provided by the producer company to the qualifying company in accordance with subparagraph (ii) of subsection (2C)(g) shall not –

(i)be a sum which may be deducted in computing the profits or gains to be charged to tax under Case I of Schedule D and shall not otherwise reduce the income of the producer company,

(ii)subject to subsection (3), reduce the corporation tax of the producer company,

(iii)be provided in a manner which is wholly or partly for the purpose of, or in connection with, securing a tax advantage, or

(iv)be income of the qualifying company for any tax purpose.

(b)A failure by the qualifying company to repay any part of the amount referred to in paragraph (a) to the producer company shall not be a sum which may be deducted in computing the profits or gains of the producer company to be charged to tax under Case I of Schedule D and shall not otherwise reduce the income of the producer company.

(c)Notwithstanding sections 411 and 616, the producer and the qualifying company shall be deemed not to be members of the same group of companies for the purposes of –

(i)section 411, or

(ii)except for the purposes of section 626, section 616.

(d)A loss, for the purposes of section 546, shall not be treated as arising on the disposal by the producer company of shares in the qualifying company.

(e)Section 626B shall be deemed not to apply to the disposal by the producer company of shares in the qualifying company.

(f)For the purposes of section 538(2), the value of the shares held by the producer company in the qualifying company, shall not, at any time, be negligible.

(3C)The Revenue Commissioners shall not pay a specified amount to a producer company in respect of a certificate issued after 31 December 2024.

(4)[deleted]

(5)[deleted]

(6)[deleted]

(7)[deleted]

(8)[deleted]

(9)[deleted]

(10)[deleted]

(11)[deleted]

(12)[deleted]

(13)[deleted]

(14)[deleted]

(15)[deleted]

(16)[deleted]

(17)[deleted]

(18)[deleted]

(19)[deleted]

(20)deleted]

(21)[deleted]

(22)[deleted]

(22A)[deleted]

(23)Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(24)

(a)This subsection applies to a qualifying film in respect of which the Minister provided the Revenue Commissioners with authorisation under subsection (2), as it stood enacted prior to the commencement of section 26 of the Finance Act 2018.

(b)This section (that is to say, this section as it stands amended by section 26 of the Finance Act 2018) shall apply to a qualifying film to which this subsection applies as if the foregoing authorisation were a certificate issued by the Minister to the producer company under subsection (2) on the date the authorisation was issued.

(25)

(a)This subsection applies to a qualifying film in respect of which the Revenue Commissioners had issued a certificate under subsection (2A), as it stood enacted prior to the commencement of section 26 of the Finance Act 2018, but the compliance report required under subsection (2C)(d)(iii), as it stood enacted prior to the commencement of that section 26, has not been provided to the Revenue Commissioners.

(b)This section (that is to say, this section as it stands amended by section 26 of the Finance Act 2018) shall apply to any claim for relief made in respect of a qualifying film to which this subsection applies, and no regard shall be had to the foregoing certificate.

(26)

(a)This subsection applies to a payment made by the Revenue Commissioners under subsection (3)(b), as it stood enacted prior to the commencement of section 26 of the Finance Act 2018, but where the compliance report required under subsection (2C)(d)(iii), as it stood enacted prior to the commencement of that section 26, has not been provided to the Revenue Commissioners.

(b)Any amount, to which this subsection applies, paid to a producer company shall be treated as an amount paid on a claim made under subsection (2G)(b)(i) on 1 January 2019.

(27)

(a)This subsection applies to financial arrangements which were approved by the Revenue Commissioners under subsection (2CA), as it stood enacted prior to the commencement of section 26 of the Finance Act 2018.

(b)Notwithstanding any such approval, a company shall not be a producer company if the financial arrangements to which this subsection applies contravene subsection (2C)(b).

481A.

Relief for investment in digital games.

(1)In this section –

‘date of completion’, in relation to a qualifying digital game, means the date on which the game is first made available to the public or, where the game is commissioned by an undertaking other than the digital games development company, the date on which the game is first provided by the digital games development company to the undertaking and ‘completed’ shall be construed accordingly;

‘digital game’ means a game which –

(a)integrates digital technology,

(b)incorporates not less than three of the following classes of information, in digital form:

(i)text;

(ii)sound;

(iii)still images;

(iv)animated images,

(c)is capable of being published on an electronic medium, and

(d)is controlled by software enabling the person playing the game to interact fully with the dynamics of the game, including by providing feedback to the person, enabling control over elements of the game by the person and allowing the person to adapt elements of the game;

‘digital games development company’ means a company that –

(a)is resident in the State, or is resident in an EEA State,

(b)carries on a trade of developing digital games that are wholly or principally to be made available to the public on a commercial basis with a view to the realisation of profit, and

(c)is not, or is not part of, an undertaking which would be regarded as an undertaking in difficulty;

‘digital games corporation tax credit’, in relation to a qualifying digital game, means an amount equal to 32 per cent of the lowest of –

(a)the eligible expenditure,

(b)80 per cent of the qualifying expenditure, and

(c)€25,000,000;

‘eligible digital game’ means a digital game which is –

(a)developed on a commercial basis with a view to the realisation of profit,

(b)wholly or mainly to be made available to the public,

(c)an exempted work (within the meaning of the Video Recordings Act 1989), and

(d)which is not produced solely or mainly –

(i)as part of a promotional campaign or advertising for a specific product or undertaking, or

(ii)as a game of skill or chance for a prize comprising money or money’s worth;

‘eligible expenditure’ means the portion of the qualifying expenditure that is expended on the development of the digital game in the State or the EEA;

‘final certificate’ shall be construed in accordance with subsection (9);

‘interim certificate’ shall be construed in accordance with subsection (4);

‘interim digital game’ means a digital game in respect of which –

(a)an interim certificate has been issued, and

(b)no final certificate has been issued;

‘interim digital games corporation tax credit’, in relation to an interim digital game, means an amount incurred in an accounting period equal to 32 per cent of the lowest of –

(a)the eligible expenditure amount,

(b)80 per cent of the qualifying expenditure, and

(c)€25,000,000;

‘qualifying digital game’ means a digital game in respect of which the Minister has issued a final certificate;

‘qualifying expenditure’, in relation to an interim digital game or a qualifying digital game, is expenditure (the types of which are specified in regulations made under subsection (17)) incurred by the digital games development company on the design, production and testing of a digital game;

‘Rescuing and Restructuring Guidelines’ means the Communication of the Commission on Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty ;

‘the Minister’ means the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media;

‘undertaking’ means the relevant economic unit that would be regarded as an undertaking for the purposes of the Rescuing and Restructuring Guidelines;

‘undertaking in difficulty’ shall be construed in accordance with section 2.2 of the Rescuing and Restructuring Guidelines;

‘valid claim’ means a claim in relation to an interim digital games corporation tax credit or a digital games corporation tax credit, as the case may be, which is –

(a)made under and in accordance with this section, and

(b)in respect of which all information which the Revenue Commissioners may reasonably require to enable them to determine if, and to what extent, the credit is due to a digital games development company in respect of an accounting period, has been furnished by that company.

(2)Subject to the provisions of this section, a digital games development company may make an application to the Minister –

(a)in relation to a digital game that is to be developed by the company, for the issue by the Minister of an interim certificate, or

(b)in relation to a digital game that is developed and completed by the company, for the issue by the Minister of a final certificate.

(3)An application for an interim or final certificate under subsection (2) shall be in a form approved by the Minister for that purpose and shall contain such information as may be specified in regulations made under subsection (17).

(4)The Minister may, following an application by a digital games development company under subsection (2)(a), subject to subsection and in accordance with regulations made under subsection (17), issue to the digital games development company a certificate (in this section referred to as an ‘interim certificate’) stating –

(a)that the certificate is an interim certificate,

(b)that the digital game is to be treated as an interim digital game for the purposes of this section, and

(c)the expiry date of the interim certificate.

(5)In considering whether to issue the interim certificate referred to in subsection (4), the Minister shall have regard to –

(a)whether the digital game as proposed is likely to be an eligible digital game when completed, and

(b)the contribution which the development of the digital game is expected to make to the promotion and expression of Irish and European culture, by reference to the following:

(i)the cultural content of the game, including its setting, principal characters, language and subject matter;

(ii)any cultural creativity employed in the development of the game, including innovation in the portrayal of Irish or European culture, the use of materials written or created in Ireland or Europe as the basis for the game, technological innovation or the use of music created by a composer who is a national of or ordinarily resident in Ireland or another EEA state;

(iii)the contribution of the game to the development of a concentration of cultural activity, by reference to such matters as the proportion of the creative work carried out in Ireland or another EEA state, the number of key positions in the development of the game occupied by persons who are nationals of or ordinarily resident in Ireland or another EEA state, and the proportion of the members of the development team who are nationals of or ordinarily resident in Ireland or another EEA state;

(iv)the concomitant cultural contribution of the game, by reference to matters including the educational content of games aimed at children and the inclusion of themes relating to diversity and equality;

(v)whether the content of the game promotes the protection, restoration and promotion of sustainable use of Irish or European terrestrial ecosystems or the raising of awareness of the exigencies of increasing environmental sustainability and minimising climate change.

(6)Where an interim certificate is issued, the Minister, having regard to the criteria specified in subsection (5), shall specify in the interim certificate such conditions, as the Minister may consider proper, including conditions –

(a)in relation to the employment-related responsibilities of the digital games development company in the development of that digital game, or

(b)in relation to, in respect of the Communication from the Commission (2013/C 332/01) , the maximum aid intensity.

(7)The Minister may amend or revoke any condition (including a condition added by virtue of this subsection) specified in an interim certificate, or add to such conditions, by giving notice in writing to the digital games development company concerned of the amendment, revocation or addition, as the case may be, and this section shall apply as if –

(a)a condition so amended or added by the notice was specified in the interim certificate, and

(b)a condition so revoked was not specified in the interim certificate.

(8)On the expiry of an interim certificate, the interim certificate will cease to have effect and is treated as never having had effect unless –

(a)an application has been made in advance of the expiry date to the Minister under subsection (2)(b), and

(b)on the determination of the application, a final certificate is issued by the Minister.

(9)The Minister may, following an application by a digital games development company under subsection (2)(b), subject to subsection (10) and in accordance with regulations made under subsection (17), issue to the digital games development company a certificate (in this section referred to as a ‘final certificate’) stating –

(a)that the certificate is a final certificate, and

(b)that the digital game is to be treated as a qualifying digital game for the purposes of this section.

(10)In considering whether to issue a final certificate, the Minister shall have regard to the following criteria –

(a)whether the digital game as completed is an eligible digital game,

(b)the contribution which the digital game makes to the promotion and expression of Irish or European culture, by reference to the matters referred to in subparagraphs (i) to (v) of subsection (5)(b), and

(c)where an interim certificate has been issued in respect of the digital game, whether the conditions specified in the interim certificate have been satisfied.

(11)Where a final certificate is issued, the Minister, having regard to the criteria specified in subsection (10), shall specify in the final certificate such conditions, as the Minister may consider proper, including a condition –

(a)in relation to the employment-related responsibilities of the digital games development company for the development of that digital game, and

(b)in relation to, in respect of the Communication from the Commission (2013/C 332/01), the maximum aid intensity.

(12)The Minister may amend or revoke any condition (including a condition added by virtue of this paragraph) specified in a final certificate, or add to such conditions, by giving notice in writing to the digital games development company concerned of the amendment, revocation or addition, as the case may be, and this section shall apply as if –

(a)a condition so amended or added by the notice was specified in the final certificate, and

(b)a condition so revoked was not specified in the final certificate.

(13)A digital games development company shall not make a claim for an interim digital games corporation tax credit under subsection (19) or a digital games corporation tax credit under subsection (20) where –

(a)there has not been issued to the digital games development company either an interim certificate, as respects claims made under subsection (19), or a final certificate, as respects claims made under subsection (20), by the Minister in respect of the digital game concerned,

(b)as respects claims made under subsection (19), the interim certificate has expired,

(c)the digital games development company, any company controlled by the digital games development company and each person who is either the beneficial owner of, or able directly or indirectly to control, more than 15 per cent of the ordinary share capital of the digital games development company (in this paragraph referred to as a ‘relevant person’), as the case may be, is not in compliance with all of the obligations imposed by the Tax Acts, the Capital Gains Tax Acts or the Value-Added Tax Consolidation Act 2010 in relation to –

(i)the payments or remittances of taxes, interest or penalties required to be paid or remitted under those Acts,

(ii)the delivery of returns, and

(iii)requests to supply to an officer of the Revenue Commissioners accounts of, or other information about, any business carried on, by the digital games development company, or relevant person, as the case may be,

(d)as respects a claim made under subsection (20), the qualifying expenditure amount is less than €100,000,

(e)the digital games development company is an undertaking in difficulty,

(f)any company in an undertaking of which the digital games development company is part is subject to an outstanding recovery order following a previous decision of the European Commission that declared an aid illegal and incompatible with the internal market,

(g)the digital games development company is resident in an EEA State other than the State and does not carry on business in the State through a branch or agency, or

(h)the digital games development company has been carrying on the trade referred to in paragraph (b) of the definition of ‘digital games development company’ for a period of less than 12 months prior to making a claim.

(14)A digital games development company shall not make a claim for an interim digital games corporation tax credit under subsection (19) or a digital games corporation tax credit under subsection (20) where –

(a)[deleted]

(b)[deleted]

(c)[deleted]

(d)[deleted]

(e)there is no commercial rationale for the corporate structure of the digital games development company –

(i)for the development, financing, distribution or sale of the digital game, or

(ii)for all of the purposes referred to in subparagraph (i),

(f)the corporate structure of the digital games development company would hinder the Revenue Commissioners in verifying compliance with any of the provisions governing the relief, or

(g)prior to making a claim, the company does not have such information and records as the Revenue Commissioners may reasonably require for the purposes of determining whether that claim complies with this section.

(14A)A claim by a digital games development company for an interim digital games corporation tax credit under subsection (19) or a digital games corporation tax credit under subsection (20) shall not include expenditure –

(a)where it would be reasonable to consider that the amount of such expenditure or any particular item of such expenditure has been inflated,

(b)in respect of which the company has obtained relief under Part 29,

(c)in respect of which the company has obtained relief under section 481, and

(d)that has been or is to be met directly or indirectly by grant assistance or any other assistance which is granted by or through –

(i)the State or another Member State of the European Union,

(ii)any board established by statute, any public or local authority or any other agency of the State or another Member State or an institution, office, agency or other body of the European Union,

(iii)a state, other than the State or a Member State referred to in subparagraph (i), and any board, authority, institution, office, agency or other body in such state.

(15)In carrying out their functions under this section, the Revenue Commissioners may –

(a)consult with any person, agency or body of persons, as in their opinion may be of assistance to them,

(b)notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by, or under, the Tax Acts or any other statute or otherwise, disclose any detail in an application or claim of a digital games development company under this section which they consider necessary for the purposes of such consultation, and

(c)where they have reason to believe that financial arrangements have been entered into in contravention of subsection (16)(a), the Revenue Commissioners may seek any information they consider appropriate in relation to the arrangements or in relation to any person who is, directly or indirectly, a party to the arrangements.

(16)A company shall not be regarded as a digital games development company in respect of an interim digital game or a qualifying digital game for the purposes of this section –

(a)where the financial arrangements which the company enters into in relation to the interim digital game or the qualifying digital game are –

(i)financial arrangements of any type with a person resident, registered or operating in a territory other than –

(I)an EEA State, or

(II)a territory with the government of which, arrangements having the force of law by virtue of section 826(1), have been made,

(ii)financial arrangements under which funds are channelled, directly or indirectly, to, or through, a territory other than a territory referred to in clause (I) or (II) of subparagraph (i),

other than where –

(A)relate to the development of part of the interim digital game or the qualifying digital game in a territory other than a territory referred to in clause (I) or (II) of subparagraph (i),

(B)the digital games development company has sufficient records to enable the Revenue Commissioners to verify, in the case of development of an interim digital game or a qualifying digital game in such a territory, the amount of each item of expenditure on the development of the interim digital game or the qualifying digital game expended in the territory, whether expended by the digital games development company or by any other person, and

(C)the digital games development company has such records in place to substantiate such expenditure in advance of making a claim under either or both of subsection (19) and subsection (20),

(b)without prejudice to the generality of section 886, where the company fails to provide, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (4) or subsection (9), evidence to vouch each item of expenditure in the State or elsewhere on the development of the interim digital game and the qualifying digital game, whether expended by the digital games development company or by any other person engaged, directly or indirectly, by the digital games development company to provide goods, services or facilities in relation to such development and, in particular, such evidence shall include –

(i)records required to be kept or retained by the digital games development company by virtue of section 886, and

(ii)records, in relation to the development of the interim digital game and the qualifying digital game, required to be kept or retained by that other person by virtue of section 886, or which would be so required if that other person were subject to the provisions of that section,

(c)in relation to a claim under subsection (20), where the company fails to provide, when requested to do so by the Revenue Commissioners, for the purposes of verifying compliance with the provisions governing the relief or with any condition specified in a certificate issued by the Minister under subsection (9), a copy of the digital game in such format and manner required under paragraph (d)(ii),

(d)where the company, within such time as is specified in the regulations made under subsection (17) –

(i)fails to notify the Minister in writing of the date of completion of the development of the qualifying digital game, and

(ii)fails to provide to the Minister a copy of the completed digital game in such format and manner as may be specified in those regulations,

(e)unless the company makes a claim under subsection (20) and has available, prior to making that claim, a compliance report, in such format and manner as is specified in the regulations made under subsection (17), which provides proof that –

(i)the provisions of this section in so far as they apply in relation to the company have been met,

(ii)where an interim certificate has been issued to the company in relation to an interim digital game, any conditions attaching to the interim certificate have been fulfilled, and

(iii)any conditions attaching to the final certificate issued to the company in relation to a qualifying digital game have been fulfilled,

(f)where the company ceases to carry on the trade referred to in paragraph (b) of the definition of ‘digital games development company’ before a time which is 12 months after the date referred to in paragraph (d).

(17)The Revenue Commissioners, with the consent of the Minister for Finance and, in relation to the matters specified in paragraphs (a) to (d), with the consent of the Minister, shall make regulations with respect to the administration by the Revenue Commissioners of the relief under this section and, without prejudice to the generality of the foregoing, regulations under this subsection may include provisions –

(a)governing the application for interim certification or final certification, the timing of such applications, and the information and documents to be provided in or with such applications,

(b)the information required to be included in the application made to the Minister by a digital games development company,

(c)specifying the time within which a digital games development company shall notify the Minister of the date of completion of the development of a qualifying digital game,

(d)specifying the time within which, and the format, number of copies and manner in which, a qualifying digital game shall be provided to the Minister,

(e)governing the records that a digital games development company shall maintain or provide to the Revenue Commissioners,

(f)governing the period for which, and the place at which, such records shall be maintained,

(g)specifying the form and content of the compliance report that must be available in accordance with subsection (16)(e), the manner in which such report shall be made and verified, and the documents to accompany the report,

(h)specifying the type of expenditure which may be treated as qualifying or eligible expenditure on the development of an interim digital game or a qualifying digital game,

(i)specifying the currency exchange rate to be applied to expenditure on the development of an interim digital game or a qualifying digital game, and

(j)governing financial arrangements in accordance with subsection (16)(a).

(k)[deleted]

(18)The Revenue Commissioners shall, for the purpose of making regulations under subsection (17) in relation to the matter referred to in paragraph (h) of that subsection have regard to –

(a)whether the type of expenditure relates to design, production or testing and the stage of development of the game in which the expenditure is incurred,

(b)whether the type of expenditure is directly related to design, production and testing, and

(c)the extent to which the type of expenditure is incurred directly by the digital games development company on design, production or testing.

(19)Where the Minister has issued an interim certificate in relation to an interim digital game to a digital games development company and the provisions of this section have been complied with, a digital games development company may, in advance of the date of completion, make a claim for the interim digital games corporation tax credit where –

(a)[deleted]

(b)the interim certificate has not expired, and

(c)the aggregate of all claims made pursuant to the interim certificate does not exceed 32 per cent of €25,000,000.

(19A)A claim under subsection (19) shall be made within 12 months from the end of the accounting period in which the expenditure, giving rise to the claim, is incurred and shall be made in the return, required under Part 41A, in respect of that accounting period.

(20)Where the Minister has issued a final certificate in relation to a qualifying digital game to a digital games development company and the provisions of this section have been complied with, a digital games development company may make a claim for the digital games corporation tax credit, less the amount, if any, already claimed in respect of the qualifying digital game under subsection (19).

(21)A claim under subsection (20) shall be made in the return, required under Part 41A, in respect of the accounting period referred to in paragraph (a) of subsection (21A).

(21A)A claim under subsection (20) shall be made –

(a)within 12 months from the end of the accounting period in which the last of the expenditure giving rise to the claim is incurred, or

(b)in a case in which the final certificate is issued after a date which is 3 months prior to the expiry of the 12-month period referred to in paragraph (a), within 3 months from the date on which that certificate is issued.

(22)Where a digital games development company makes a claim for an interim digital games corporation tax credit under subsection (19) or a digital games corporation tax credit under subsection (20), the digital games development company shall specify as regards the amount claimed under subsection (19) or subsection (20), as the case may be, whether that amount or any portion of that amount is to be –

(a)treated as an overpayment of tax, for the purposes of section 960H, or

(b)paid to the company by the Revenue Commissioners.

(22A)Where a claim in respect of an interim digital games corporation tax credit under subsection (19) or a digital games corporation tax credit under subsection (20) is made, the amount of the interim digital games corporation tax credit or the amount of the digital games corporation tax credit, as the case may be, shall be paid or offset in full, in the manner specified by the digital games development company under subsection (22), by the Revenue Commissioners within 48 months from when a valid claim is made.

(22B)No amount of the interim digital games corporation tax credit or the digital games corporation tax credit shall be paid or offset under subsection (22A) unless a valid claim has been made to the Revenue Commissioners for that purpose.

(22C)Nothing in this section shall prevent the Revenue Commissioners from examining a claim subsequent to any payment or offset having been made and making or amending an assessment, as the case may be, under Chapter 5 of Part 41A.

(22D)The interim digital games corporation tax credit or the digital games corporation tax credit, if any, arising to a digital games development company in accordance with this section shall not be income of the digital games development company or another company for the purposes of corporation tax.

(22E)Any claim in respect of an interim digital games corporation tax credit under subsection (19) or a digital games corporation tax credit under subsection (20) (whether, in either case, the amount of the credit is to be treated as an overpayment of tax under subsection (22)(a) or paid to the company under subsection (22)(b)) shall, for the purposes of sections 851A and 851B, Chapter 4 of Part 38 and Part 47, be treated as a claim for a credit and the amount so claimed shall be treated as an amount of tax refundable.

(22F)Where a digital games development company specifies that an interim digital games corporation tax credit or a digital games corporation tax credit is to be treated, under subsection (22)(a), as an overpayment of tax, and where that amount is, under section 960H, offset in whole or in part against the company’s corporation tax payable (within the meaning of Part 41A) for the accounting period, then, for the purposes of calculating the amount of preliminary tax due in respect of that accounting period and the subsequent accounting period under section 959AR or 959AS, as the case may be, the amount of corporation tax payable by the company for that accounting period shall be reduced by the amount so offset.

(23)[deleted]

(24)[deleted]

(25)In respect of any claim in respect of an interim digital games corporation tax credit or a digital games corporation tax credit, as the case may be, that remains unpaid, for the purposes of determining an amount in accordance with subsection (3) or (4) of section 1077F, a reference to an amount of tax that would have been payable for the relevant period by the person concerned shall be read as if it were a reference to the amount so claimed.

(26)

(a)Subject to paragraph (b), where a digital games development company makes a claim in respect of an interim digital games corporation tax credit or a digital games corporation tax credit and it is subsequently found that the claim is not as authorised by this section, then –

(i)the company,

(ii)any director of the company, or

(iii)any person referred to in subsection (13)(c),

may be charged to tax under Case IV of Schedule D for the accounting period, or year of assessment, as the case may be, in respect of which the payment was made, in an amount equal to –

(I)in the case of a company, 4 times, and

(II)in the case of an individual, one hundred fortieths,

of so much of the amount of the interim digital games corporation tax credit or the digital games corporation tax credit, as the case may be, as is not so authorised.

(b)An amount chargeable to tax under this subsection shall be treated –

(i)as income against which no loss, deficit, expense or allowance may be set off, and

(ii)as not forming part of the income of the company for the purposes of calculating a surcharge under section 440.

(27)The circumstances in which a claim is not authorised by this section shall include any circumstances where the amount was claimed under either or both subsection (19) and subsection (20), or paid or offset under subsection (22A) and –

(a)the company made a claim contrary to either or both subsection (19) and subsection (20), or

(b)the digital games development company –

(i)fails to satisfy or comply with any condition or obligation under this section or regulations made under this section,

(ii)fails to satisfy or comply with any condition or obligation specified in a certificate, or

(iii)at any time on or before the time referred to in subsection (16)(f) fails to comply with any of the obligations referred to in subsection (13)(c).

(28)Where an amount is charged to tax in accordance with subsection (26), the amount so charged shall, for the purposes of section 1080, be deemed to be tax due and payable and shall carry interest as determined in accordance with subsection (2)(c) of section 1080 as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid or offset, under section 960H, by the Revenue Commissioners.

(29)Notwithstanding section 851A, where a digital games development company is in receipt of relief from tax under this section, the Revenue Commissioners may disclose the following taxpayer information in accordance with State aid transparency requirements:

(a)the name of the company;

(b)the name of the digital game;

(c)the number of the certificate of incorporation of the company;

(d)in respect of the principal activity carried on by the company, the NACE classification code, as determined in accordance with Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No. 3037/90 as well as certain EC Regulations on specific statistical domains

(e)the amount of interim digital games corporation tax credit or digital games corporation tax credit, as the case may be, granted, by reference to ranges set out in page 30, paragraph 166(vi) of the Guidelines on State Aid to Promote Risk Finance , inserted by Communication from the Commission (2014/C 198/02) ;

(f)whether the company is –

(i)a category of enterprise referred to in Article 2.1 of Annex 1 to Commission Regulation (EU) No. 651/2014 of 17 June 2014 , or

(ii)a category of enterprise which is larger than the categories of enterprise referred to in subparagraph (i);

(g)the territorial unit, within the meaning of the NUTS Level 2 classification specified in Annex 1 to Regulation (EC) No.1059/2003 of the European Parliament and of the Council of 26 May 2003 amended by Regulation (EC) No. 1888/2005 of the European Parliament and of the Council of 26 October 2005 , Commission Regulation (EC) No. 105/2007 of 1 February 2007 , Regulation (EC) No. 176/2008 of the European Parliament and of the Council of 20 February 2008 , Regulation (EC) No. 1137/2008 of the European Parliament and of the Council of 22 October 2008 , Commission Regulation (EU) No. 31/2011 of 17 January 2011 , Council Regulation (EU) No. 517/2013 of 13 May 2013 , Commission Regulation (EU) No. 1319/2013 of 9 December 2013 , and Commission Regulation (EU) No. 868/2014 of 8 August 2014 , Commission Regulation (EU) No. 2066/2016 of 21 November 2016 , Regulation (EU) 2017/2391 of the European Parliament and of the Council of 12 December 2017 , and Commission Delegated Regulation 2019/1755 of 8 August 2019 , in which the company is located;

(h)the date on which the interim digital games corporation tax credit or digital games corporation tax credit, as the case may be, is granted.

(30)In relation to information provided to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media by a company for the purposes of obtaining an interim or final certificate under this section, the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media, in processing such information, shall, for the purposes of section 851A, be deemed to be engaged as a service provider with respect to the administration of this section.

(31)No amount of an interim digital games corporation tax credit or a digital games corporation tax credit shall be paid or offset under subsection (22A) by the Revenue Commissioners in respect of an interim or final certificate issued after 31 December 2025.

(32)Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

482.

Relief for expenditure on significant buildings and gardens.

(1)

(a)In this section –

“approved building” means a building to which subsection (5) applies;

“approved garden” means a garden (other than a garden, being land occupied or enjoyed with an approved building as part of its garden or grounds of an ornamental nature) which, on application to the Minister and the Revenue Commissioners in that behalf by a person who owns or occupies the garden, is determined –

(i)by the Minister to be a garden which is intrinsically of significant horticultural, scientific, historical, architectural or aesthetic interest, and

(ii)by the Revenue Commissioners to be a garden to which reasonable access is afforded to the public;

“approved object”, in relation to an approved building, has the meaning assigned to it by subsection (6);

“authorised person” means –

(i)an inspector or other officer of the Revenue Commissioners authorised by them in writing for the purposes of this section, or

(ii)a person authorised by the Minister in writing for the purposes of this section;

“chargeable period” has the same meaning as in section 321(2);

“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands;

“public place”, in relation to an approved building in use as a tourist accommodation facility, means a part of the building to which all patrons of the facility have access;

“qualifying expenditure”, in relation to an approved building, means expenditure incurred by the person who owns or occupies the approved building on one or more of the following –

(i)the repair, maintenance or restoration of the approved building or the maintenance or restoration of any land occupied or enjoyed with the approved building as part of its garden or grounds of an ornamental nature, and

(ii)to the extent that the aggregate expenditure in a chargeable period, being the year 1997-98 and any subsequent year of assessment, or an accounting period of a company beginning on or after the 6th day of April, 1997, does not exceed €6,350-

(I)the repair, maintenance or restoration of an approved object in the approved building,

(II)the installation, maintenance or replacement of a security alarm system in the approved building, and

(III)public liability insurance for the approved building;

“relevant expenditure”, in relation to an approved garden, means –

(i)in the case of expenditure incurrred in a chargeable period, being the year 1997-98 and any subsequent year of assessment, or an accounting period of a company beginning on or after the 6th day of April, 1997, expenditure incurred by the person who owns or occupies the approved garden on one or more of the following –

(I)the maintenance or restoration of the approved garden, and

(II)to the extent that the aggregate expenditure in a chargeable period does not exceed €6,350 –

(A)the repair, maintenance or restoration of an approved object in the approved garden,

(B)the installation, maintenance or replacement of a security alarm system in the approved garden, and

(C)public liability insurance for the approved garden, and

(ii)in the case of expenditure incurred in a chargeable period earlier than that referred to in subparagraph (i), expenditure incurred by the person who owned or occupied the approved garden on the maintenance or restoration of the garden;

“security alarm system” means an electrical apparatus installed as a fixture in the approved building or in the approved garden which when activated is designed to give notice to the effect that there is an intruder present or attempting to enter the approved building or the approved garden, as the case may be, in which it is installed;

“tourist accommodation facility” means an accommodation facility –

(i)registered in the register of guest houses maintained and kept by the National Tourism Development Authority under Part III of the Tourist Traffic Act, 1939, or

(ii)listed in the list published or caused to be published by the National Tourism Development Authority under section 9 of the Tourist Traffic Act, 1957;

‘weekend day’ means a Saturday or a Sunday.

(b)For the purposes of this section, expenditure shall not be regarded as having been incurred in so far as any sum in respect of or by reference to the work to which the expenditure relates has been or is to be received directly or indirectly by the person making a claim in respect of the expenditure under subsection (2) from the State, from any public or local authority, from any other person or under any contract of insurance or by means of compensation or otherwise.

(c)For the purposes of this section, references to an approved building, unless the contrary intention is expressed, shall be construed as including a reference to any land occupied or enjoyed with an approved building as part of its garden or grounds of an ornamental nature.

(2)

(a)Subject to this section, and notwithstanding any limitation in section 865(4) on the time within which a claim for a repayment of tax is required to be made, where a person (in this section referred to as “the claimant”), having made a claim in that behalf, proves that the conditions specified in paragraph (b) have been met, then, the Tax Acts shall apply as if the amount of the qualifying expenditure referred to in subparagraph (i) of paragraph (b) were a loss sustained in the chargeable period referred to in that subparagraph in a trade carried on by the claimant separate from any trade actually carried on by the claimant. Section 865(6) shall not prevent the Revenue Commissioners from repaying an amount of tax as a consequence of a claim made under this section, where a valid claim for a repayment of tax (within the meaning of section 865(1)(b)) has been made.

(b)The conditions referred to in paragraph (a) are –

(i)that the claimant has incurred in a chargeable period qualifying expenditure in relation to an approved building,

(ii)that the claimant has on or before the 1st day of November in the chargeable period in respect of which the claim is made and in each of the chargeable periods comprising whichever is the shortest of the following periods –

(I)the period consisting of the chargeable periods since the 23rd day of May, 1994,

(II)the period consisting of the chargeable periods since a determination under subsection (5)(a)(ii) was made in relation to the building,

(III)the period consisting of the chargeable periods since the approved building was purchased or occupied by the claimant,

(IV)the period consisting of the 5 chargeable periods immediately preceding the chargeable period for which the claim is made,

provided the National Tourism Development Authority (in this paragraph referred to as “the Authority”) with particulars of –

(A)the name, if any, and address of the approved building, and

(B)the days and times during the year when access to the approved building is afforded to the public or the period or periods during the year when the approved building is in use as a tourist accommodation facility, as the case may be,

such particulars being provided to the Authority on the understanding by the person and the Authority that they may be published by the Authority or by another body concerned with the promotion of tourism, and

(iii)where the approved building was in use as a tourist accommodation facility in any of the chargeable periods applicable for the purposes of subparagraph (ii), that the approved building was registered in the register of guest houses maintained and kept by the Authority under Part III of the Tourist Traffic Act, 1939, or listed in the list published or caused to be published by the Authority under section 9 of the Tourist Traffic Act, 1957, in those chargeable periods.

(c)Relief authorised by this subsection shall not apply for any chargeable period before the chargeable period in which the application concerned is made to the Revenue Commissioners under subsection (5)(a).

(d)For the purpose only of determining, in relation to a claim referred to in paragraph (a), whether and to what extent qualifying expenditure incurred in relation to an approved building is incurred or not incurred in a chargeable period, only such an amount of that qualifying expenditure as is properly attributable to work which was actually carried out during the chargeable period shall (notwithstanding any other provision of the Tax Acts as to the time when any expenditure is or is to be treated as incurred) be treated as having been incurred in that period.

(3)

(a)Where –

(i)by virtue of subsection (2), qualifying expenditure in a chargeable period is treated as if it were a loss sustained in the chargeable period in a trade carried on by the person separate from any trade actually carried on by that person, and

(ii)owing to an insufficiency of income, relief under the Tax Acts cannot be given for any part of the qualifying expenditure so treated (in this subsection referred to as “the unrelieved amount”),

then, the Tax Acts shall apply as if the unrelieved amount were a loss sustained in the following chargeable period in a trade carried on by the person separate from any trade actually carried on by that person.

(b)Where owing to an insufficiency of income relief under the Tax Acts cannot be given by virtue of paragraph (a) for any part of the unrelieved amount, then, the Tax Acts shall apply as if that part of the unrelieved amount were a loss sustained in the chargeable period following the period referred to in paragraph (a) in a trade carried on by the person separate from any trade actually carried on by that person.

(c)Where in any chargeable period relief under the Tax Acts is due by virtue of 2 or more of the following provisions, that is, subsection (2) and paragraphs (a) and (b), then, the following provisions shall apply:

(i)any relief due under those Acts by virtue of paragraph (b) shall be given in priority to any relief due under those Acts by virtue of subsection (2) or paragraph (a), and

(ii)where relief has been given in accordance with subparagraph (i) or where no such relief is due, any relief due under those Acts by virtue of paragraph (a) shall be given in priority to relief due under those Acts by virtue of subsection (2).

(4)No relief shall be allowed under this section for expenditure in respect of which relief may be claimed under any other provision of the Tax Acts.

(5)

(a)This subsection shall apply to a building in the State which, on application to the Minister and the Revenue Commissioners in that behalf by a person who owns or occupies the building, is determined –

(i)by the Minister to be a building which is intrinsically of significant scientific, historical, architectural or aesthetic interest, and

(ii)by the Revenue Commissioners to be a building either –

(I)to which reasonable access is afforded to the public, or

(II)which is in use as a tourist accommodation facility for at least 6 months in any calendar year (in this subsection referred to as “the required period”) including not less than 4 months in the period commencing on the 1st day of May and ending on the 30th day of September in any such year.

(b)Without prejudice to the generality of the requirement that reasonable access be afforded to the public, access to a building shall not be regarded as being reasonable access afforded to the public unless –

(i)access to the whole or a substantial part of the building is afforded at the same time,

(ii)subject to temporary closure necessary for the purposes of the repair, maintenance or restoration of the building, access is so afforded for a period of not less than 60 days in any year, and –

(I)such period shall include, as respects determinations made by the Revenue Commissioners in accordance with paragraph (a) (ii) –

(A)before the passing of the Finance Act, 2000, not less than 40 days, and

(B)on or after the passing of the Finance Act, 2000, not less than 40 days, of which not less than 10 are weekend days,

during the period commencing on 1 May and ending on 30 September, and

(II)in respect of each such period, on each day concerned access is afforded in a reasonable manner and at reasonable times for a period, or periods in the aggregate, of not less than 4 hours,

(iii)the price, if any, paid by the public in return for that access is in the opinion of the Revenue Commissioners reasonable in amount and does not operate to preclude the public from seeking access to the building, and

(iv)the Revenue Commissioners are satisfied that –

(I)details relating to that access are publicised or drawn to the attention of the public by way of advertisement, leaflet, press notice or similar means annually,

(II)a notice containing the details of the dates and times at which access is afforded to the public –

(A)is displayed on the days on which such access is so afforded and in a conspicuous location at or near the place where the public can gain entrance to the building concerned, and

(B)is so displayed so as to be easily visible and legible by the public,

and

(III)conditions, if any, in regard to that access are such that they would not act as a disincentive to the public from seeking such access.

(ba)Where qualifying expenditure is incurred after 8 February 2012, the 40 days referred to in paragraph (b)(ii)(I)(B) shall, in relation to the chargeable period in which expenditure is incurred, include the days which comprise National Heritage Week, as designated for each year by the Heritage Council, to the extent that it falls within the period referred to in paragraph (b)(ii)(I).

(c)Where under paragraph (a) the Minister makes a determination in relation to a building and, by reason of any alteration made to the building or any deterioration of the building subsequent to the determination being made, the Minister considers that the building is no longer a building which is intrinsically of significant scientific, historical, architectural or aesthetic interest, the Minister may, by notice in writing given to the owner or occupier of the building, revoke the determination with effect from the date on which the Minister considers that the building ceased to be a building which is intrinsically of significant scientific, historical, architectural or aesthetic interest, and this subsection shall cease to apply to the building from that date.

(d)Where under paragraph (a) the Revenue Commissioners make a determination in relation to a building, and reasonable access to the building ceases to be afforded to the public or the building ceases to be used as a tourist accommodation facility for the required period, as the case may be, the Revenue Commissioners may, by notice in writing given to the owner or occupier of the building, revoke the determination with effect from the date on which they consider that such access or such use, as the case may be, so ceased, and –

(i)this subsection shall cease to apply to the building from that date, and

(ii)if relief has been given under this section in respect of qualifying expenditure incurred in relation to that building in the period of 5 years ending on the date from which the revocation has effect, that relief shall be withdrawn and assessments shall, as necessary, be made or amended to give effect to this subsection.

(e)Where –

(i)the Revenue Commissioners make a determination (in this paragraph referred to as the “first-mentioned determination”) that a building is either a building to which reasonable access is afforded to the public or a building which is in use as a tourist accommodation facility for the required period,

(ii)such access ceases to be so afforded or such building ceases to be so used, as the case may be, in a chargeable period subsequent to the chargeable period in which the first-mentioned determination was made, and

(iii)on application to them in that chargeable period in that behalf by the person who owns or occupies the building, the Revenue Commissioners revoke the first-mentioned determination and make a further determination (in this paragraph referred to as the “second-mentioned determination”) with effect from the date of revocation of the first-mentioned determination –

(I)in the case of a building in respect of which a determination was made that it is a building to which reasonable access is afforded to the public, that the building is a building which is in use as a tourist accommodation facility for the required period, or

(II)in the case of a building in respect of which a determination was made that it is a building which is in use as a tourist accommodation facility for the required period, that the building is a building to which reasonable access is afforded to the public,

then, paragraph (d) shall not apply on the revocation of the first-mentioned determination and for the purposes of that paragraph the second-mentioned determination shall be treated as having been made at the time of the making of the first-mentioned determination.

(6)

(a)In this subsection, “approved object”, in relation to an approved building, means an object (including a picture, sculpture, print, book, manuscript, piece of jewellery, furniture, or other similar object) or a scientific collection which is owned by the owner or occupier of the approved building and which, on application to them in that behalf by that person, is determined –

(i)by the Minister, after consideration of any evidence in relation to the matter which such owner or occupier submits to the Minister and after such consultation (if any) as may seem to the Minister to be necessary with such person or body of persons as in the opinion of the Minister may be of assistance to the Minister, to be an object which is intrinsically of significant national, scientific, historical or aesthetic interest, and

(ii)by the Revenue Commissioners, to be an object reasonable access to which is afforded, and in respect of which reasonable facilities for viewing are provided, in the building to the public.

(b)Without prejudice to the generality of the requirement that reasonable access be afforded, and that reasonable facilities for viewing be provided, to the public, access to and facilities for the viewing of an object shall not be regarded as being reasonable access afforded, or the provision of reasonable facilities for viewing, to the public unless, subject to such temporary removal as is necessary for the purposes of the repair, maintenance or restoration of the object as is reasonable –

(i)in a case where the approved building is a tourist accommodation facility, the object is displayed in a public place in the building, or

(ii)in the case of any other approved building –

(I)access to the object is afforded and such facilities for viewing the object are provided to the public on the same days and at the same times as access is afforded to the public to the approved building in which the object is kept, and

(II)the price, if any, paid by the public in return for such access is in the opinion of the Revenue Commissioners reasonable in amount and does not operate to preclude the public from seeking access to the object.

(c)Where under paragraph (a) the Minister makes a determination in relation to an object and, by reason of any alteration made to the object, or any deterioration of the object, subsequent to the determination being made, the Minister considers that the object is no longer an object which is intrinsically of significant national, scientific, historical or aesthetic interest, the Minister may, by notice in writing given to the owner or occupier of the building, revoke the determination with effect from the date on which the Minister considers that the object ceased to be an object which is intrinsically of significant national, scientific, historical or aesthetic interest, and this subsection shall cease to apply to the object from that date.

(d)Where under paragraph (a) the Revenue Commissioners make a determination in relation to an object and –

(i)reasonable access to the object ceases to be afforded, or reasonable facilities for the viewing of the object cease to be provided, to the public, or

(ii)the object ceases to be owned by the person to whom relief in respect of that qualifying expenditure has been granted under this section,

the Revenue Commissioners may, by notice in writing given to the owner or occupier of the approved building in which the object is or was kept, revoke that determination with effect from the date on which they consider that such access, such facilities for viewing or such ownership, as the case may be, so ceased, and –

(I)this subsection shall cease to apply to the object from that date, and

(II)if relief has been given under this section in respect of qualifying expenditure incurred in relation to that object in the period of 2 years ending on the date from which the revocation has effect, that relief shall be withdrawn and assessments shall, as necessary, be made or amended to give effect to this subsection.

(7)

(a)Where a person makes a claim under subsection (2), an authorised person may at any reasonable time enter the building in respect of which the qualifying expenditure has been incurred for the purpose of –

(i)inspecting, as the case may be, the building or an object or of examining any work in respect of which the expenditure to which the claim relates was incurred, or

(ii)ensuring that the requirements in relation to reasonable access set out in subsection (5) are being complied with.

(b)Whenever an authorised person exercises any power conferred on him or her by this subsection, the authorised person shall on request produce his or her authorisation for the purposes of this section to any person concerned.

(c)Any person who obstructs or interferes with an authorised person in the course of exercising a power conferred on the authorised person by this subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €630.

(8)Notwithstanding that the Revenue Commissioners have before the passing of the Finance Act, 2000, made a determination in accordance with subsection (5)(a)(ii) that a building is a building to which reasonable access is afforded to the public, relief under subsection (2), in relation to qualifying expenditure incurred in a chargeable period beginning on or after 1 January 1995, in respect of the building shall not be given unless the person who owns or occupies the building satisfies the Revenue Commissioners on or before 1 November in the chargeable period that it is a building to which reasonable access is afforded to the public having regard to –

(a)in a case where the qualifying expenditure is incurred in a chargeable period beginning before 1 October 2000, subsection (5)(b)(ii)(I)(A), and

(b)in a case where the qualifying expenditure is incurred in a chargeable period beginning on or after 1 October 2000, subsection (5)(b)(ii)(I)(B).

(9)In respect of relevant expenditure incurred on or after the 6th day of April, 1993, this section shall, with any necessary modifications, apply in relation to an approved garden as it applies in relation to qualifying expenditure incurred in relation to an approved building.

(10)Any claim for relief under this section –

(a)shall be made in such form as the Revenue Commissioners may from time to time prescribe, and

(b)shall be accompanied by such statements in writing as regards the expenditure for which relief is claimed, including statements by persons to whom payments were made, as may be indicated by the prescribed form.

(11)The Tax Acts shall apply to a loss referred to in subsection (2) as they would apply if sections 396A and 420A had not been enacted.

483.

Relief for certain gifts.

(1)

(a)In this subsection, “public moneys” means moneys charged on or issued out of the Central Fund or provided by the Oireachtas.

(b)This section shall apply to a gift of money made to the Minister for Finance for use for any purpose for or towards the cost of which public moneys are provided and which is accepted by that Minister.

(2)Where a person who has made a gift to which this section applies claims relief from income tax or corporation tax by reference to the gift, subsection (3) or, as the case may be, subsection (4) shall apply.

(3)For the purposes of income tax for the year of assessment in which the person makes the gift, the amount of the gift shall be deducted from or set off against any income of the person chargeable to income tax for that year and income tax shall, where necessary, be discharged or repaid accordingly, and the total income of the person or, where the person is a married person or a civil partner whose income is deemed to be the income of his or her spouse or civil partner, the total income of his or her spouse or civil partner shall be calculated accordingly.

(4)For the purposes of corporation tax, where the person making the gift is a company, the amount of the gift shall be deemed to be a loss incurred by the company in a separate trade in the accounting period in which the gift is made.

(5)The Tax Acts shall apply to a loss referred to in subsection (4) as they would apply if sections 396A and 420A had not been enacted.

484.Objectives of section 485, purposes for which its provisions are enacted and certain duty of Minister for Finance respecting those provisions’ operation.
(1)

(a)The objectives of section 485 are to –

(i)provide the necessary stimulus to the economy (in addition to that provided by Part 7 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and the Financial Provisions (Covid-19) (No. 2) Act 2020) so as to mitigate the effects, on the economy, of Covid-19, and

(ii)if, as of 1 January 2021, no agreement stands entered into between the European Union and the United Kingdom (with respect to the future relations between them on the relevant matters), mitigate the effects on the economy which are apprehended may arise therefrom.

(b)In paragraph (a) ‘relevant matters’ means the matters described in Part II of the Political declaration setting out the framework for the future relationship between the European Union and the United Kingdom .

(c)The purposes for which the several provisions of section 485 (in this section referred to as the ‘Covid Restrictions Support Scheme’) are, in furtherance of the foregoing objectives, enacted are:

(i)in addition to the provision of basic mechanisms to fulfil those objectives, to ensure the efficient use of the Covid Restrictions Support Scheme so as to minimise the cost to the Exchequer of the scheme (so far as consistent with fulfilment of those objectives);

(ii)to avoid, where possible, allocation of resources to sectors of the economy that are not in need of direct stimulus by means of the Covid Restrictions Support Scheme (and which sectors may reasonably be expected to be restored to financial viability and an eventual growth path by the indirect effects of the scheme);

(iii)to protect the public finances through mechanisms for the discontinuance or amendment of one or more of the payments under the Covid Restrictions Support Scheme (or for their variation) in defined circumstances;

(iv)to take account of the need to reflect changes in circumstances of persons who, as businesses, are persons in respect of whom payments under the Covid Restrictions Support Scheme are being made, in cases where such persons avail themselves of other financial supports provided by the State;

(v)to take account of changes in the State’s economic circumstances and the demands on its financial resources which may occur in the remainder of the current financial year and thereafter.

(d)It shall be the duty of the Minister for Finance to monitor and superintend the administration of the Covid Restrictions Support Scheme (but this paragraph does not derogate from the function of the care and management conferred on the Revenue Commissioners by section 485(21)).

(e)Without prejudice to the generality of paragraph (d), the Minister for Finance shall cause an assessment, at such intervals as he or she considers appropriate but no less frequently than every 3 months beginning on 13 October 2020, of the following, and any other relevant matters, to be made –

(i)up-to-date data compiled by the Department of Finance relating to the State’s receipts and expenditure,

(ii)up-to-date data from the register commonly referred to as the ‘Live Register’ and data related to that register supplied to the Department of Finance by the Department of Business, Enterprise and Innovation (whether data compiled by that lastmentioned Department of State from its own sources or those available to it from sources maintained elsewhere in the Public Service),

(iii)such other data as the Minister for Finance may consider relevant in relation to the impact from, and effects of, Covid-19 or the fact (should that be so) of there not being an agreement of the kind referred to in paragraph (a)(ii), and, if the following is commissioned, by reference to an assessment, on economic grounds, of the Covid Restrictions Support Scheme that may be commissioned by the Minister for Finance and any opinion as to the sustainability of the scheme expressed therein.

(f)Following an assessment under paragraph (e), it shall be the duty of the Minister for Finance, after consultation with the Minister for Public Expenditure and Reform, to determine whether it is necessary to exercise any or all of the powers under subparagraphs (i) to (vi) of subsection (2)(a) so, as appropriate, to –

(i)fulfil, better, the objectives specified in paragraph (a), or

(ii)facilitate the furtherance of any of the purposes specified in paragraph (c),

and, if the Minister for Finance determines that such is necessary, the powers under one, or more than one, as provided in that subsection (2)(a), of those subparagraphs (i) to (vi) shall become and be exercisable by the Minister for Finance.

(2)

(a)Where the Minister for Finance makes a determination of the kind lastly referred to in subsection (1)(f), the Minister for Finance shall, as he or she deems fit and necessary –

(i)make an order that the reference in the definition of ‘ restrictions’ in section 485(1) to restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947 that are for the purpose of preventing, or reducing the risk of, the transmission of Covid-19 and which have the effect of restricting the conduct of certain business activity during the specified period shall be limited in such respects as are specified in the order (including, if the Minister for Finance considers appropriate, by the specification of a requirement, with respect to the restriction of certain business activity, that particular business activity must be affected by the restriction to a specified extent) and an order under this subparagraph shall make such additional modifications to the provisions of section 485 as the Minister for Finance may consider necessary and appropriate in consequence of the foregoing limitation,

(ii)make an order that the day referred to in the definition of ‘specified period’ in section 485(1) as the day on which the period there referred to shall expire shall be such day as is later than 31 January 2022 (but not later than 30 April 2022) as the Minister for Finance considers appropriate and specifies in the order,

(iii)make an order that the percentage specified in section 485(4)(b)(i) shall be such a percentage, that is greater or lower than the percentage specified in that provision, as the Minister for Finance –

(I)considers necessary to –

(A)fulfil, better, the objectives specified in subsection (1)(a), or

(B)facilitate the furtherance of any of the purposes specified in subsection (1)(c),

and

(II)specifies in the order,

(iv)make an order that the percentage specified in subparagraph (i)(I) or subparagraph (ii)(I) of section 485(7)(a) shall be such a percentage, that is greater or lower than the percentage specified in that subparagraph (i)(I) or subparagraph (ii)(I), as the Minister for Finance –

(I)considers necessary to –

(A)fulfil, better, the objectives specified in subsection (1)(a), or

(B)facilitate the furtherance of any of the purposes specified in subsection (1)(c),

and

(II)specifies in the order,

(v)make an order that the percentage referred to in subparagraph (i)(II) or subparagraph (ii)(II) of section 485(7)(a) shall be such a percentage, that is greater or lower than that percentage specified in that subparagraph (i)(II) or subparagraph (ii)(II), as the Minister for Finance –

(I)considers necessary to –

(A)fulfil, better, the objectives specified in subsection (1)(a), or

(B)facilitate the furtherance of any of the purposes specified in subsection (1)(c),

and

(II)specifies in the order,

(vi)make an order either that subsection (8) of section 485 shall cease to be in operation on and from such day, or that the election referred to in paragraph (b) of that subsection, which that subsection enables a qualifying person to make, shall not be exercisable save in such circumstances, as the Minister for Finance –

(I)considers necessary to –

(A)fulfil, better, the objectives specified in subsection (1)(a), or

(B)facilitate the furtherance of any of the purposes specified in subsection (1)(c),

and

(II)specifies in the order,

and any matter that is provided for in the preceding subparagraphs is referred to in section 485(3) as a ‘modification’.

(b)Where an order under subparagraph (i), (ii), (iii), (iv), (v) or (vi) of paragraph (a) is proposed to be made, a draft of the order shall be laid before Dáil Éireann and the order shall not be made unless a resolution approving of the draft has been passed by that House.

485. Covid Restrictions Support Scheme.
(1)In this section –

‘applicable business restrictions provisions’ shall be construed in the manner provided for in the definition of ‘Covid restrictions period’ in this subsection;

‘approved body of persons’ has the same meaning as in section 235;

‘business activity’, in relation to a person carrying on a trade either solely or in partnership, means –

(a)where customers of the trade acquire goods or services from that person from one business premises, the activities of the trade, or

(b)where customers of the trade acquire goods or services from that person from more than one business premises, the activities of the trade relevant to each business premises,

and where customers of the trade acquire goods or services from that person other than through attending at a business premises, that portion of the trade which relates to transactions effected in that manner shall be deemed to relate to the business premises or, where there is more than one business premises, shall be apportioned between such business premises on a just and reasonable basis;

‘business premises’, in relation to a business activity, means a building or other similar fixed physical structure from which a business activity is ordinarily carried on;

‘chargeable period’ has the same meaning as in section 321(2);

‘charity’ has the same meaning as in section 208;

‘claim period’ means a Covid restrictions period, or a Covid restrictions extension period, as the context requires;

‘Covid-19’ has the same meaning as it has in the Emergency Measures in the Public Interest (Covid-19) Act 2020;

‘Covid restrictions’ means restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947, being restrictions for the purpose of preventing, or reducing the risk of, the transmission of Covid-19 and which have the effect of restricting the conduct of certain business activity during the specified period;

‘Covid restrictions extension period’ has the meaning assigned to it in subsection (2);

‘Covid restrictions period’, in relation to a relevant business activity carried on by a person, means a period for which the person is required by provisions of Covid restrictions to prohibit, or significantly restrict, members of the public from having access to the business premises in which the relevant business activity is carried on (referred to in this section as ‘applicable business restrictions provisions’) and is a period which commences on the Covid restrictions period commencement date and ends on the Covid restrictions period end date;

‘Covid restrictions period commencement date’, in relation to a relevant business activity, means the later of –

(a)13 October 2020, or

(b)the day on which applicable business restrictions provisions come into operation (not having been in operation on the day immediately preceding that day);

‘Covid restrictions period end date’, in relation to a relevant business activity, means the earlier of –

(a)the day which is three weeks after the Covid restrictions period commencement date,

(b)the day that is specified in the Covid restrictions (being those restrictions in the terms as they stood on the Covid restrictions period commencement date) to be the day on which the applicable business restrictions provisions shall expire,

(c)the day preceding the first day following the Covid restrictions period commencement date, on which the applicable business restrictions cease to be in operation (by reason of the terms in which the Covid restrictions stand being different from how they stood as referred to in paragraph (b)), or

(d)the date on which the specified period shall expire,

and, for the purposes of paragraph (c) –

(i)the fact (if such is the case) that regulations made under sections 5 and 31A of the Health Act 1947 are revoked and replaced by fresh regulations thereunder (but the applicable business restrictions provisions continue to apply to the relevant business activity) is immaterial, and

(ii)the first reference in that paragraph to the terms in which the Covid restrictions stand is a reference to their terms as provided for in those fresh regulations;

‘partnership trade’ has the same meaning as in section 1007;

‘precedent partner’, in relation to a partnership and a partnership trade, has the same meaning as in section 1007;

‘relevant business activity’, subject to subsection (1A), has the meaning assigned to it in subsection (4);

‘relevant geographical region’ means a geographical location for which Covid restrictions are in operation;

‘specified period’ means the period commencing on 13 October 2020 and expiring on 31 January 2022;

‘tax’ means income tax or corporation tax;

‘trade’ means a trade any profits or gains arising from which is chargeable to tax under Case I of Schedule D.

(1A)

(a)Where a charity carries on a trade, the profits or gains arising from which would be chargeable to tax under Case I of Schedule D but for section 208(2)(b), that trade shall be regarded as a relevant business activity for the purposes of this section.

(b)Where an approved body of persons carries on a trade, the profits or gains arising from which would be chargeable to tax under Case I of Schedule D but for section 235(2), that trade shall be regarded as a relevant business activity for the purposes of this section.

(2)

(a)Subject to subsection (8), where, in relation to a relevant business activity carried on by a person, applicable business restrictions provisions continue to apply, by reason of regulations made or amended under sections 5 and 31A of the Health Act 1947, to the relevant business activity on the day after the end of a Covid restrictions period, the period for which those restrictions continue to so apply is referred to in this section as a ‘Covid restrictions extension period’, which period commences on the foregoing day (referred to in this section as a ‘Covid restrictions extension period commencement date’) and ends on the Covid restrictions extension period end date.

(b)In this section, ‘Covid restrictions extension period end date’, in relation to a relevant business activity, means the earlier of –

(i)the day which is three weeks after the Covid restrictions extension period commencement date,

(ii)the day that is specified in the Covid restrictions (being those restrictions in the terms as they stood on the Covid restrictions extension period commencement date) to be the day on which the applicable business restrictions provisions shall expire,

(iii)the day preceding the first day, following the Covid restrictions extension period commencement date, on which the applicable business restrictions provisions cease to be in operation (by reason of the terms in which the Covid restrictions stand being different from how they stood as referred to in subparagraph (ii)), or

(iv)the date on which the specified period shall expire,

and, for the purposes of subparagraph (iii) –

(ii)the first reference in that subparagraph to the terms in which the Covid restrictions stand is a reference to their terms as provided for in those fresh regulations.

(c)Where, in relation a relevant business activity carried on by a person, applicable business restrictions provisions continue to apply, by reason of regulations made or amended under sections 5 and 31A of the Health Act 1947, to the relevant business activity on the day after the end of a Covid restrictions extension period, the period for which those restrictions continue to so apply is also referred in this subsection as a ‘Covid restrictions extension period’ which period commences on the foregoing day and ends on the Covid restrictions extension period end date.

(3)The following provisions made in this section, namely:

(a)the reference in the definition of ‘Covid restrictions’ in subsection (1) to restrictions provided for in regulations made under sections 5 and 31A of the Health Act 1947 that are for the purpose of preventing, or reducing the risk of, the transmission of Covid-19 and which have the effect of restricting the conduct of certain business activity during the specified period;

(b)the specification of 31 January 2022 in the definition of ‘specified period’ in subsection (1) as the date on which the period there referred to shall expire;

(c)the specification of 40 per cent in subsection (4)(b)(i);

(d)the specification of 10 per cent in subsection (7)(a)(i)(I) or (ii)(I); (e) the specification of 5 per cent in subsection (7)(a)(i)(II) or (ii)(II);

(f)subsection (8) and the election referred to in paragraph (b) of it which a qualifying person is, by virtue of that subsection, enabled to make,

shall, together with any other provision of this section that the following modification relates to, be construed and operate subject to any modification that is provided for in an order made under section 484(2)(a) and which is in force.

(4)

(a)In this section –

‘average weekly turnover from the established relevant business activity’ means the average weekly turnover of the person, carrying on the activity, in respect of the established relevant business activity for the period commencing on 1 January 2019 and ending on 31 December 2019;

‘average weekly turnover from the new relevant business activity’ means –

(i)in relation to a category A new relevant business activity, the average weekly turnover of the person, carrying on the activity, in respect of the new relevant business activity in the period commencing on the date on which the person commenced the business activity and ending on 12 October 2020, or

(ii)in relation to a category B new relevant business activity, the average weekly turnover of the person, carrying on the activity, in respect of the new relevant business activity in the period commencing on the date on which the person commenced the business activity and ending on 1 August 2021.

‘established relevant business activity’ means, in relation to a person, a relevant business activity commenced by that person before 26 December 2019;

‘category A new relevant business activity’ means, in relation to a person, a relevant business activity commenced by that person on or after 26 December 2019 and before 13 October 2020;

‘category B new relevant business activity’ means, in relation to a person, a relevant business activity commenced by that person on or after 13 October 2020 and before 27 July 2021;

‘new relevant business activity’ means a category A new relevant business activity or a category B new relevant business activity, as the case may be;

‘relevant business activity’, in relation to a person, means a business activity which is carried on by that person in a business premises located wholly in a relevant geographical region;

‘relevant turnover amount’ means –

(i)where a person carries on an established relevant business activity, an amount determined by the formula –

A x B

where –

A is the average weekly turnover from the established relevant business activity, and

B is the total number of full weeks in the claim period, or

(ii)where a person carries on a new relevant business activity, an amount determined by the formula –

A x B

where –

A is the average weekly turnover from the new relevant business activity, and

B is the total number of full weeks that comprise the claim period.

(b)Subject to subsections (5) and (6), this section shall apply to a person who carries on a relevant business activity and who –

(i)in accordance with guidelines published by the Revenue Commissioners under subsection (22), demonstrates to the satisfaction of the Revenue Commissioners that, in the claim period, because of applicable business restrictions provisions that prohibit, or significantly restrict, members of the public from having access to the business premises in which the relevant business activity of the person is carried on –

(I)the relevant business activity of the person is temporarily suspended, or

(II)the relevant business activity of the person is disrupted, ysuch that the turnover of the person in respect of the relevant business activity in the claim period will be an amount that is 40 per cent (or less) of the relevant turnover amount, and

(ii)satisfies the conditions specified in subsection (5), (hereafter referred to in this section as a ‘qualifying person’).

(5)The conditions referred to in subsection (4)(b)(ii) are –

(a)the person has logged on to the online system of the Revenue Commissioners (in this section referred to as ‘ROS’) and applied on ROS to be registered as a person to whom this section applies and as part of that registration provides such particulars as the Revenue Commissioners consider necessary and appropriate for the purposes of registration and which particulars shall include those specified in subsection (14),

(b)for the claim period, the person completes an electronic claim form on ROS containing such particulars as the Revenue Commissioners consider necessary and appropriate for the purposes of determining the claim and which particulars shall include those specified in subsection (14),

(c)for the claim period, the person makes a declaration to the Revenue Commissioners through ROS that the person satisfies the conditions in this section to be regarded as a qualifying person for that claim period,

(d)the person has complied with any obligations that apply to that person in respect of the registration for, and furnishing of returns relating to, value-added tax,

(e)the person is throughout the claim period eligible for a tax clearance certificate, within the meaning of section 1095, to be issued to the person, and

(f)the person would, but for the Covid restrictions, carry on the business activity, that is a relevant business activity, at the business premises in a relevant geographical region, and intends to carry on that activity when applicable business restrictions provisions cease to be in operation in relation to that relevant business activity.

(6)Where a relevant business activity of a qualifying person does not constitute a whole trade carried on by that person, then, for the purposes of determining whether the requirements in subsection (4)(b)(i) are met, the relevant business activity shall be treated as if it were a separate trade and the turnover of the whole trade shall be apportioned between the separate trade and the other part of the trade on a just and reasonable basis, and the amount of turnover attributed to the separate trade during the claim period shall not be less than the amount that would be attributed to the separate trade if it were carried on by a distinct and separate person engaged in that relevant business activity.

(7)Subject to subsections (10) and (11), on making a claim under this section, a qualifying person shall, in respect of each full week comprised within the claim period, be entitled to an amount equal to the lower of –

(a)

(i)where the qualifying person carries on an established relevant business activity, an amount equal to the sum of –

(I)10 per cent or, where the claim relates to a period specified in subsection (8)(b)(ii)(I) or (II) or to any full week falling within the period beginning on 5 July 2021 and ending on 18 July 2021, 20 per cent, of so much of the average weekly turnover from the established relevant business activity as does not exceed €20,000, and

(II)5 per cent or, where the claim relates to a period specified in subsection (8)(b)(ii)(I) or (II) or to any full week falling within the period beginning on 5 July 2021 and ending on 18 July 2021, 10 per cent, of any amount of the average weekly turnover from the established relevant business activity as exceeds €20,000,

(ii)where the qualifying person carries on a new relevant business activity, an amount equal to the sum of –

(I)10 per cent or, where the claim relates to a period specified in subsection (8)(b)(ii)(I) or (II) or to any full week falling within the period beginning on 5 July 2021 and ending on 18 July 2021, 20 per cent, of so much of the person’s average weekly turnover from the new relevant business activity as does not exceed €20,000, and

(II)5 per cent or, where the claim relates to a period specified in subsection (8)(b)(ii)(I) or (II) or to any full week falling within the period beginning on 5 July 2021 and ending on 18 July 2021, 10 per cent, of any amount of the person’s average weekly turnover from the new relevant business activity as exceeds €20,000,

and

(b)€5,000 per week or, where the claim relates to a period specified in subsection (8)(b)(ii)(II), €10,000 per week,

and any amount payable under this section is referred to in this section as an ‘advance credit for trading expenses’.

(8)

(a)Where, in relation to a relevant business activity carried on by a person –

(i)applicable business restrictions provisions were in operation such that a qualifying person made a claim under this section in respect of a claim period and that claim, taken together with any claims made by the person immediately preceding that claim, is in respect of a continuous period of not less than three weeks, and

(ii)those applicable business restrictions provisions cease to be in operation,

then, where that qualifying person, within a reasonable period of time from the date on which the applicable business restrictions provisions cease to be in operation, resumes or continues, as the case may be, supplying goods or services to customers from the business premises in which the qualifying person’s relevant business activity is carried on, that qualifying person may make an election under paragraph (b).

(b)

(i)Where no part of the week immediately following the date on which the applicable business restrictions provisions ceased to be in operation in respect of a relevant business activity (referred to in this paragraph and in subsection (8A) as the ‘restart week’) would otherwise form part of a Covid restrictions period or a Covid restrictions extension period, a qualifying person to whom paragraph (a) applies may, subject to subsection (8A), elect to treat a period specified in any of clauses (I) to (III) of subparagraph (ii) as a Covid restrictions extension period and may make a claim under this section in respect of that period.

(ii)Subject to subsection (8A), the period that a qualifying person may elect to treat as a Covid restrictions extension period for the purposes of subparagraph (i) shall be-

(I)in a case where the restart week commences on or after 29 April 2021 and before 2 June 2021, a period of 2 weeks from the date on which the restart week commences,

(II)in a case where the restart week commences on or after 2 June 2021 and before the date on which the specified period shall expire and the qualifying person has not elected to treat a period specified in clause (I) or this clause as a Covid restrictions extension period for the purposes of a claim under this section in respect of the relevant business activity concerned, a period of 3 weeks from the date on which the restart week commences, and

(III)in all other cases, a period of one week from the date on which the restart week commences.

(8A)The period that a qualifying person may elect to treat as a Covid restrictions extension period for the purposes of paragraph (b)(i) of subsection (8) shall be a period of one week from the date on which the restart week commences in a case where –

(a)the restart week commences on or after 20 December 2021, and

(b)the election is made in respect of –

(i)a trade carried on by the qualifying person which is regarded as a relevant business activity as provided for in subsection (1A), or

(ii)a relevant business activity and the turnover of the qualifying person in respect of the relevant business activity for any claim period commencing on or after 20 December 2021 and ending before the day the restart week commences is greater than 25 per cent (but not greater than 40 per cent) of the relevant turnover amount.

(9)A claim made under this section in respect of an advance credit for trading expenses shall be made –

(a)subject to paragraph (b), no later than –

(i)eight weeks from the date on which the claim period, to which the claim relates, commences, or

(ii)if the date on which the qualifying person is registered as a person to whom this section applies (following an application which is made in accordance with subsection (5)(a) and within the period of eight weeks specified in subparagraph (i)) falls on a date subsequent to the expiry of the period of eight weeks so specified, three weeks from the date on which the person is so registered,

and

(b)in the case of a claim made under this section that is referred to in subsection (8), no later than eight weeks from the date on which the applicable business restrictions provisions concerned cease to be in operation.

(10)Where, for any week comprised within a claim period, a person is a qualifying person in relation to more than one relevant business activity carried on from the same business premises, and a claim is made in relation to each relevant business activity, the amount the qualifying person shall be entitled to claim under this section in respect of all of those relevant business activities for any weekly period shall not exceed the amount specified in subsection (7)(b) and subsection (7) shall apply with any necessary modifications to give effect to this subsection.

(11)

(a)Where a relevant business activity in respect of which a person is a qualifying person is carried on as the whole or part of a partnership trade, then any claim made under this section for an advance credit for trading expenses in respect of the relevant business activity shall be made by the precedent partner on behalf of the partnership and each of the partners in that partnership and the maximum amount of any such claim made in respect of the relevant business activity in any weekly period shall not exceed the lower of the amounts specified in subsection (7)(a)(i) or (a)(ii), as the case may be.

(b)Where a claim is made under this section by a precedent partner for an advance credit for trading expenses in respect of a relevant business activity carried on as the whole or part of a partnership trade then –

(i)for the purposes of subsections (15) and (16), each partner shall be deemed to have claimed, in respect of that partner’s several trade, a portion of the advance credit for trading expenses calculated as –

A x B

where –

A is the advance credit for trading expenses claimed by the precedent partner, and

B is the partnership percentage at the commencement of the claim period,

(ii)the precedent partner shall, in respect of each such claim, provide a statement to each partner in the partnership containing the following particulars –

(I)the partnership name and its business address,

(II)the amount of advance credit for trading expenses claimed by the precedent partner on behalf of the partnership and each partner,

(III)the profit percentage for each partner,

(IV)the portion of the advance credit for trading expenses allocated to each partner,

(V)the commencement and cessation date of the claim period, and

(VI)the chargeable period of the partnership trade in which the claim period commences,

(iii)for the purposes of subsections (17) and (18), references to a person making a claim shall be taken as references to the precedent partner making the claim on behalf of the partnership and each of its partners, and

(iv)for the purposes of subsection (19), section 1077E or 1077F, as appropriate, shall apply as if references to a person were references to each partner and the references to a claim were a reference to a claim deemed to have been made by each partner under subparagraph (i).

(12)Any reference to ‘turnover’ in this section means any amount recognised as turnover in a particular period of time in accordance with the correct rules of commercial accounting, except for any amount recognised as turnover in that particular period of time due to a change in accounting policy.

(13)Where a person makes a claim for an advance credit for trading expenses under this section, in computing the amount of the profits or gains of the trade, to which the relevant business activity relates, for the chargeable period in which the claim period commences, the amount of any disbursement or expense which is allowable as a deduction, having regard to section 81, shall be reduced by the amount of the advance credit for trading expenses and the advance credit for trading expenses shall not otherwise be taken into account in computing the amount of the profits or gains of the trade for that chargeable period.

(14)

(a)The particulars referred to in paragraphs (a) and (b) of subsection (5) are those particulars the Revenue Commissioners consider necessary and appropriate for the purposes of determining a claim made under this section, including –

(i)in relation to a qualifying person –

(I)name,

(II)address, including Eircode, and

(III)tax registration number, and

(ii)in relation to a relevant business activity –

(I)name under which the business activity is carried on,

(II)a description of the business activity,

(III)address, including Eircode, of the business premises where the business activity is carried on,

(IV)where the business activity was commenced prior to 26 December 2019, the average weekly turnover of the qualifying person in respect of the business activity in the period commencing on 1 January 2019 and ending on 31 December 2019,

(V)where a trade is carried on in more than one business premises, the turnover of the qualifying person in respect of the business premises, to which the relevant business activity relates, in the period commencing on 1 January 2019 and ending on 31 December 2019,

(VI)where a business activity is –

(A)a category A new relevant business activity, the date of commencement of the activity and the amount of turnover in respect of the new business activity beginning on the date of commencement and ending on 12 October 2020, or

(B)a category B new relevant business activity, the date of commencement of the activity and the amount of turnover in respect of the new business activity beginning on the date of commencement and ending on 1 August 2021,

(VII)the average weekly turnover in respect of an established relevant business activity or a new relevant business activity, as the case may be,

(VIII)in respect of tax, within the meaning of section 2 of the Value-Added Tax Consolidation Act 2010, for the taxable periods comprised within the period of time referred to in clauses (IV) and (VI) the amount of tax that became due in accordance with section 76(1)(a)(i) of the Value-Added Tax Consolidation Act 2010,

(IX)such other total income excluding the relevant business turnover in respect of the total tax returned in respect of section 76(1)(a)(i) of the Value-Added Tax Consolidation Act 2010, for the taxable periods comprised within the period of time referred to in clause (IV) or (VI),

(X)expected percentage reduction in turnover of the qualifying person in respect of the business activity in the claim period, and

(XI)such other particulars, as the Revenue Commissioners may require.

(b)Subsequent to receiving the information requested under this section, the Revenue Commissioners may seek further particulars or evidence for the purposes of determining the claim.

(15)Where a company makes a claim under this section in respect of a claim period and it subsequently transpires that the claim was not one permitted by this section to be made, and the company has not repaid the amount as required by subsection (17)(a)(II) –

(a)the company shall be charged to tax under Case IV of Schedule D for the chargeable period in which the claim period commences, on an amount equal to 4 times so much of the amount under this section as was not so permitted to be made, and

(b)an amount chargeable to tax under this subsection shall be treated as income against which no loss, deficit, credit, expense or allowance may be set off, and shall not form part of the income of a company for the purposes of calculating a surcharge under section 440.

(16)

(a)Where an individual makes a claim under this section in respect of a claim period and it subsequently transpires that the claim was not one permitted by this section to be made, and the individual has not repaid the amount as required by subsection (17)(a)(II), the individual shall be deemed to have received an amount of income equal to 5 times so much of the amount under this section as was not so permitted to be made (referred to in this subsection as the ‘unauthorised amount’).

(b)The unauthorised amount shall, notwithstanding any other provision of the Tax Acts, be deemed to be an amount of income, arising on the first day of the claim period that is chargeable to income tax under Case IV of Schedule D.

(c)Where the taxable income of an individual includes an amount pursuant to paragraph (b), the part of the taxable income equal to that amount shall be chargeable to income tax at the standard rate in force at the time of the payment of the advance credit for trading expenses but shall not –

(i)form part of the reckonable earnings chargeable to an amount of Pay Related Social Insurance Contributions under the Social Welfare Acts, and

(ii)be an amount on which a levy or charge is required, by or under Part 18D.

(d)Notwithstanding section 458 or any other provision of the Tax Acts, in calculating the tax payable (within the meaning of Part 41A) on the unauthorised amount under this subsection, there shall be allowed no deduction, relief, tax credit or reduction in tax.

(e)In applying section 188 or Chapter 2A of Part 15, no account shall be taken of any income deemed to arise under this subsection or any income tax payable on that income.

(17)

(a)Where, subsequent to a person making a claim under this section, it transpires that –

(i)the requirements in subsection (4)(b) are not met (and a claim in respect of which those requirements are not met is referred to hereafter in this subsection as an ‘invalid claim’), or

(ii)the amount claimed exceeds the amount the person is entitled to claim under this section (and a claim to which this subparagraph applies is referred to hereafter in this subsection as an ‘overclaim’), then the person shall, without unreasonable delay –

(I)notify the Revenue Commissioners of the invalid claim or overclaim, as the case may be, and

(II)repay to the Revenue Commissioners –

(A)in respect of an invalid claim, the amount paid in respect of that claim,

(B)in respect of an overclaim, the amount by which the amount paid in respect of that claim exceeds the amount the person is entitled to claim (hereafter referred to in this section as the ‘excess amount’).

(b)Where a person makes a claim under this section in respect of a claim period and it subsequently transpires that the claim is an invalid claim or an overclaim, as the case may be –

(i)then, subject to subparagraph (ii), the amount of the advance credit for trading expenses paid by the Revenue Commissioners in respect of the invalid claim, or the amount of the advance credit for trading expenses overpaid by the Revenue Commissioners in respect of an overclaim, as the case may be, shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date the amount was paid by the Revenue Commissioners, and

(ii)where the invalid claim or overclaim, as the case may be, was made neither deliberately nor carelessly (within the meaning of section 1077E or 1077F, as appropriate ) and the person complies with the requirements of paragraph (a)(II), the amount repaid to the Revenue Commissioners in respect of the invalid claim or overclaim, as the case may be, shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date paragraph (a) is complied with.

(c)Paragraph (b) shall apply to tax payable on unauthorised amounts under subsections (15) and (16) as it applies to overpayments arising on invalid or overclaims.

(18)

(a)For the purposes of this subsection, ‘claim’ and ‘overpayment’ shall have the same meanings respectively as they have in subsection (1) of section 960H.

(b)In this subsection, a claim period is a ‘reduced claim period’ where –

(i)in the case of a claim period which is a Covid restrictions period, the claim period ends on a date as provided for (in relation to that Covid restrictions period) by paragraph (c) of the definition of ‘Covid restrictions period end date’ in subsection (1), and such date precedes the date that had been specified in the Covid restrictions (being those restrictions in the terms as they stood on the Covid restrictions period commencement date) to be the date on which the applicable business restrictions provisions shall expire, and

(ii)in the case of a claim period which is a Covid restrictions extension period, the claim period ends on a date as provided for (in relation to that Covid restrictions extension period) by subsection (2)(b)(iii), and such date precedes the date that had been specified in the Covid restrictions (being those restrictions in the terms as they stood on the Covid restrictions extension period commencement date) to be the date on which the applicable business restrictions provisions shall expire.

(c)Where a qualifying person makes an overclaim in respect of a reduced claim period, the Revenue Commissioners shall be entitled to recover the excess amount from the person in accordance with paragraph (d) where the following conditions are met:

(i)the claim is made before the end of the claim period; and

(ii)the claim is an overclaim solely by reason of the fact that the claim period is a reduced claim period.

(d)The Revenue Commissioners shall be entitled to recover the excess amount referred to in paragraph (c) by –

(i)setting the amount of an advance credit for trading expenses that the person is entitled to be paid in accordance with subsection (7) or (8) against the excess amount, or

(ii)where, after the end of the specified period, a repayment is due to the person in respect of a claim or overpayment, setting the amount of the repayment against the excess amount.

(e)Where the conditions referred to in paragraph (c) are met and the excess amount is recovered by the Revenue Commissioners in accordance with paragraph (d) within a reasonable period of time from the end of the specified period, the excess amount shall not be an unauthorised amount under subsection (15) or (16), as the case may be.

(f)Where the conditions referred to in paragraph (c) are met, the excess amount shall carry interest as determined in accordance with section 1080(2)(c) as if the reference to the date when the tax became due and payable were a reference to the day after the day on which the specified period ends.

(19)Any claim made under this section shall be deemed for the purposes of section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate, a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a claim in respect of a claim period made in connection with subsection (7).

(20)A person shall, without prejudice to any other penalty to which the person may be liable, be guilty of an offence under this section if the person –

(a)knowingly or wilfully delivers any incorrect return or statement, or knowingly or wilfully furnishes any incorrect information, in connection with the operation of this section or the eligibility for the advance credit for trading expenses in relation to any person, or

(b)knowingly aids, abets, assists, incites or induces another person to make or deliver knowingly or wilfully any incorrect return or statement, or knowingly or wilfully furnish any incorrect information in connection with the operation of this section or the eligibility for the advance credit for trading expenses in relation to any person,

and

the provisions of subsections (3) to (10) of section 1078, and section 1079, shall, with any necessary modifications, apply for the purposes of this subsection as they apply for the purposes of offences in relation to tax within the meaning of section 1078.

(21)The administration of this section shall be under the care and management of the Revenue Commissioners and section 849 shall apply for this purpose with any necessary modifications as it applies in relation to tax within the meaning of that section.

(22)The Revenue Commissioners shall prepare and publish guidelines with respect to matters that are considered by them to be matters to which regard shall be had in determining whether –

(a)there are provisions of Covid restrictions that prohibit, or significantly restrict, members of the public from having access to the business premises in which the relevant business activity of a person is carried on in a Covid restrictions period, or Covid restrictions extension period, as the case may be, and

(b)as a result of the provisions referred to in paragraph (a), the turnover of the person in respect of the relevant business activity in the Covid restrictions period, or Covid restrictions extension period, as the case may be, will not exceed an amount that is 40 per cent (or less) of the relevant turnover amount.

(23)Notwithstanding any obligations imposed on the Revenue Commissioners under section 851A or any other enactment in relation to the confidentiality of taxpayer information (within the meaning of that section), the details referred to in clauses (I) and (III) of subsection (14)(a)(ii) shall, for all persons to whom an advance credit and for trading expenses has been paid by the Revenue Commissioners under this section, be published on the website of the Revenue Commissioners.

(24)

(a)Where a Revenue officer determines that a person is not a qualifying person within the meaning of subsection (4)(b), the Revenue officer shall notify the person in writing accordingly.

(b)A person aggrieved by a determination under paragraph (a), may appeal the determination to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date on the notice of the determination.

(c)Where the Appeal Commissioners determine that a person is a qualifying person within the meaning of subsection (4)(b), the 8 week period specified in subsection (9), shall commence in respect of such a person on the date that determination is issued.

(d)The reference to the Tax Acts in paragraph (a) of the definition of ‘Acts’ in section 949A shall be read as including a reference to this section.

485A.

Business Resumption Support Scheme.

(1)In this section –

‘application period’ means the period commencing on 1 September 2021 and ending on 30 November 2021;

‘approved body of persons’ has the same meaning as in section 235;

‘chargeable period’ has the same meaning as in section 321(2);

‘charity’ has the same meaning as in section 208;

‘partnership trade’ has the same meaning as in section 1007;

‘precedent partner’, in relation to a partnership and a partnership trade, has the same meaning as in section 1007;

‘relevant business activity’ means, subject to subsection (2), a trade carried on by a person either solely or in partnership;

‘specified period’ means the period commencing on 1 September 2020 and ending on 31 August 2021;

‘tax’ means income tax or corporation tax;

‘tax reference number’ has the same meaning as in section 885;

‘trade’ means a trade any profits or gains arising from which is chargeable to tax under Case I of Schedule D.

(2)

(3)

(a)In this section –

‘average weekly turnover from the established relevant business activity’ means –

(i)in the case of an established relevant business activity commenced before 26 December 2019, the average weekly turnover of the person, carrying on the activity, in respect of the established relevant business activity for the period-

(I)commencing on 1 January 2019 or, if later, the date on which the person commenced the relevant business activity, and

(II)ending on 31 December 2019,

and

(ii)in the case of an established relevant business activity commenced on or after 26 December 2019, the average weekly turnover of the person, carrying on the activity, in respect of the established relevant business activity for the period –

(I)commencing on the date on which the person commenced the relevant business activity, and

(II)ending on 15 March 2020;

‘average weekly turnover from the new relevant business activity’ means the average weekly turnover of the person, carrying on the activity, in respect of the new relevant business activity in the period commencing on the date on which the person commenced the relevant business activity and ending on 31 August 2020;

‘established relevant business activity’ means, in relation to a person, a relevant business activity commenced by that person before 10 March 2020;

‘new relevant business activity’ means, in relation to a person, a relevant business activity commenced by that person on or after 10 March 2020 and before 26 August 2020;

‘reference turnover amount’ means –

(i)where a person carries on an established relevant business activity, an amount determined by the formula –

A × B

where-

A is the average weekly turnover from the established relevant business activity, and

B is 52,

(ii)where a person carries on a new relevant business activity, an amount determined by the formula –

A × B

where-

A is the average weekly turnover from the new relevant business activity, and

B is 52;

‘turnover amount for the specified period’ means, in relation to a relevant business activity, the turnover of the person carrying on the activity, in respect of the relevant business activity, in the specified period.

(b)Subject to subsection (4), this section shall apply to a person who –

(i)carries on a relevant business activity in relation to which the turnover amount for the specified period is an amount that is 25 per cent (or less) of the reference turnover amount, and

(ii)satisfies the conditions specified in subsection (4),

(hereafter referred to in this section as a ‘qualifying person’).

(4)The conditions referred to in subsection (3)(b)(ii) are that –

(b)the person completes an electronic claim form on ROS containing such particulars as the Revenue Commissioners consider necessary and appropriate for the purposes of determining the claim and which particulars shall include those specified in subsection (10),

(c)the person makes a declaration to the Revenue Commissioners through ROS that the person satisfies the conditions in this section to be regarded as a qualifying person,

(d)the person has complied with any obligations that apply to that person in respect of the registration for, and furnishing of returns relating to, tax, within the meaning of section 2 of the Value-Added Tax Consolidation Act 2010,

(e)the person is throughout the application period eligible for a tax clearance certificate, within the meaning of section 1095, to be issued to the person,

(f)at the commencement of the application period, the person –

(i)is, in the course of carrying on a relevant business activity, making supplies of goods or services to customers of the relevant business activity, and

(ii)intends to continue to make such supplies, and

(g)the person is not entitled to make a claim under section 485 in respect of any week in which 1 September 2021 falls.

(5)Subject to subsection (7), a qualifying person may make a claim under this section and shall be entitled to an amount equal to the lower of –

(a)3 times the amount determined by the formula –

(A x 10 per cent) + (B x 5 per cent)

where-

A is the lower of €20,000 and the AWT,

B is the amount of the AWT, if any, in excess of €20,000, and

AWT is the amount of the person’s average weekly turnover from the established relevant business activity or average weekly turnover from the new relevant business activity, as the case may be,

and

(b)€15,000,

and any amount payable under this section is referred to in this section as an ‘advance credit for trading expenses’.

(6)A claim made under this section in respect of an advance credit for trading expenses shall, subject to subsection (19)(c), be made within the application period.

(7)

(a)Where a relevant business activity in respect of which a person is a qualifying person is carried on as a partnership trade, then any claim made under this section for an advance credit for trading expenses in respect of the relevant business activity shall be made by the precedent partner on behalf of the partnership and each of the partners in that partnership and the maximum amount of any such claim made in respect of the relevant business activity shall not exceed the lower of the amounts specified in subsection (5)(a) or (b), as the case may be.

(b)Where a claim is made under this section by a precedent partner for an advance credit for trading expenses in respect of a relevant business activity carried on as a partnership trade then –

(i)for the purposes of subsections (11) and (12), each partner shall be deemed to have claimed, in respect of that partner’s several trade (within the meaning of section 1008), a portion of the advance credit for trading expenses calculated as –

A x B

where-

A is the advance credit for trading expenses claimed by the precedent partner, and

B is the partnership percentage on 1 September 2021,

(ii)the precedent partner shall, in respect of such claim, provide a statement to each partner in the partnership containing the following particulars-

(I)the partnership name and its business address,

(II)the amount of advance credit for trading expenses claimed by the precedent partner on behalf of the partnership and each partner,

(III)the profit percentage for each partner, and

(IV)the portion of the advance credit for trading expenses allocated to each partner,

(iii)for the purposes of subsection (13), references to a person making a claim shall be taken as references to the precedent partner making the claim on behalf of the partnership and each of its partners, and

(iv)for the purposes of subsection (14), section 1077E or 1077F, as appropriate, shall apply as if references to a person were references to each partner and the references to a claim were a reference to a claim deemed to have been made by each partner under subparagraph (i).

(8)Any reference to ‘turnover’ in this section means any amount recognised as turnover in a particular period of time in accordance with the correct rules of commercial accounting, except for any amount recognised as turnover in that particular period of time due to a change in accounting policy.

(9)Where a person makes a claim for an advance credit for trading expenses under this section, in computing the amount of the profits or gains of the trade, to which the relevant business activity relates, for the chargeable period in which the claim is made, the amount of any disbursement or expense which is allowable as a deduction, having regard to section 81, shall be reduced by the amount of the advance credit for trading expenses and the advance credit for trading expenses shall not otherwise be taken into account in computing the amount of the profits or gains of the trade for that chargeable period.

(10)

(a)The particulars referred to in paragraphs (a) and (b) of subsection (4) are those particulars the Revenue Commissioners consider necessary and appropriate for the purposes of determining a claim made under this section, including –

(i)in relation to a qualifying person –

(I)name,

(II)address, including Eircode, and

(III)tax reference number, and

(ii)in relation to a relevant business activity –

(I)the name under which the relevant business activity is carried on,

(II)a description of the relevant business activity,

(III)the business address, including Eircode,

(IV)where the relevant business activity was commenced before 26 December 2019, the turnover of the qualifying person in respect of the relevant business activity in the period commencing on 1 January 2019 or, if later, the date on which the person commenced the relevant business activity, and ending on 31 December 2019,

(V)where the relevant business activity was commenced on or after 26 December 2019 and before 10 March 2020, the date of commencement of the activity and the turnover of the qualifying person in respect of the relevant business activity in the period beginning on the date of commencement and ending on 15 March 2020,

(VI)where a relevant business activity is a new relevant business activity, the date of commencement of the activity and the turnover of the qualifying person in respect of the new relevant business activity in the period beginning on the date of commencement and ending on 31 August 2020,

(VII)the average weekly turnover in respect of an established relevant business activity or a new relevant business activity, for the period referred to in clause (IV), (V) or (VI), as the case may be,

(VIII)in respect of tax, within the meaning of section 2 of the Value-Added Tax Consolidation Act 2010, for the taxable periods comprised within the period referred to in clause (IV), (V) or (VI), as the case may be, the amount of tax that became due in accordance with section 76(1)(a)(i) of that Act,

(X)the turnover of the qualifying person in respect of the relevant business activity in the specified period,

(XI)the percentage reduction in turnover of the qualifying person in respect of the relevant business activity in the specified period, as compared with the reference turnover amount, and

(XII)such other particulars, as the Revenue Commissioners may require.

(b)Subsequent to receiving the information requested under this section, the Revenue Commissioners may seek further particulars or evidence for the purposes of determining the claim.

(11)Where a company makes a claim under this section and it subsequently transpires that the claim was not one permitted by this section to be made, and the company has not repaid the amount as required by subsection (13)(a)(II) –

(a)the company shall be charged to tax under Case IV of Schedule D for the chargeable period in which the claim is made, on an amount equal to 4 times so much of the amount under this section as was not so permitted to be made, and

(12)

(a)Where a person other than a company to which subsection (11) applies (in this subsection referred to as a ‘relevant person’) makes a claim under this section and it subsequently transpires that the claim was not one permitted by this section to be made, and the relevant person has not repaid the amount as required by subsection (13)(a)(II), the relevant person shall be deemed to have received an amount of income equal to 5 times so much of the amount under this section as was not so permitted to be made (referred to in this subsection as the ‘unauthorised amount’).

(b)The unauthorised amount shall, notwithstanding any other provision of the Tax Acts, be deemed to be an amount of income arising on the day the claim is made that is chargeable to income tax under Case IV of Schedule D.

(c)Where the taxable income of a relevant person includes an amount pursuant to paragraph (b), the part of the taxable income equal to that amount shall be chargeable to income tax at the standard rate in force at the time of the payment of the advance credit for trading expenses but, where the relevant person is an individual, shall not-

(i)form part of the reckonable earnings chargeable to an amount of Pay Related Social Insurance Contributions under the Social Welfare Acts, and

(ii)be an amount on which a levy or charge is required, by or under Part 18D.

(e)In applying section 188 or Chapter 2A of Part 15, no account shall be taken of any income deemed to arise under this subsection or any income tax payable on that income.

(13)

(a)Where, subsequent to a person making a claim under this section, it transpires that –

(i)the requirements in subsection (3)(b) are not met (and a claim in respect of which those requirements are not met is referred to hereafter in this subsection as an ‘invalid claim’), or

then the person shall, without unreasonable delay –

(I)notify the Revenue Commissioners of the invalid claim or overclaim, as the case may be, and

(II)repay to the Revenue Commissioners-

(A)in respect of an invalid claim, the amount paid in respect of that claim, and

(b)Where a person makes a claim under this section and it subsequently transpires that the claim is an invalid claim or an overclaim, as the case may be-

(ii)where the invalid claim or overclaim, as the case may be, was made neither deliberately nor carelessly (within the meaning of section 1077E or 1077F, as appropriate) and the person complies with the requirements of paragraph (a)(II), the amount repaid to the Revenue Commissioners in respect of the invalid claim or overclaim, as the case may be, shall carry interest as determined in accordance with section 1080(2)(c) as if a reference to the date when the tax became due and payable were a reference to the date paragraph (a) is complied with.

(c)Paragraph (b) shall apply to tax payable on unauthorised amounts under subsections (11) and (12) as it applies to overpayments arising on invalid claims or overclaims.

(14)Any claim made under this section shall be deemed for the purposes of section 1077E or 1077F, as appropriate, to be a claim in connection with a credit and, for the purposes of determining an amount in accordance with subsection (11) or (12), as the case may be, of section 1077E or subsection (3) or (5), as the case may be, of section 1077F, as appropriate, a reference to an amount of tax that would have been payable for the relevant periods by the person concerned shall be read as if it were a reference to a claim under this section made in connection with subsection (5).

(15)A person shall, without prejudice to any other penalty to which the person may be liable, be guilty of an offence under this section if the person-

and the provisions of subsections (3) to (10) of section 1078, and section 1079, shall, with any necessary modifications, apply for the purposes of this subsection as they apply for the purposes of offences in relation to tax within the meaning of section 1078.

(16)The administration of this section shall be under the care and management of the Revenue Commissioners and section 849 shall apply for this purpose with any necessary modifications as it applies in relation to tax within the meaning of that section.

(17)The Revenue Commissioners shall prepare and publish guidelines with respect to matters that are considered by them to be matters to which regard shall be had in determining whether the turnover of a person in respect of a relevant business activity in the specified period does not exceed an amount that is 25 per cent (or less) of the reference turnover amount.

(18)Notwithstanding any obligations imposed on the Revenue Commissioners under section 851A or any other enactment in relation to the confidentiality of taxpayer information (within the meaning of that section), the details referred to in clauses (I) and (III) of subsection (10)(a)(ii) shall, for all persons to whom an advance credit for trading expenses has been paid by the Revenue Commissioners under this section, be published on the website of the Revenue Commissioners.

(19)

(a)Where a Revenue officer determines that a person is not a qualifying person, the Revenue officer shall notify the person in writing accordingly.

(b)A person aggrieved by a determination under paragraph (a) may appeal the determination to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date on the notice of the determination.

(c)Where the Appeal Commissioners determine that a person is a qualifying person, the person may make a claim under this section no later than 12 weeks from the date that determination is issued.

(d)The reference to the Tax Acts in paragraph (a) of the definition of ‘Acts’ in section 949A shall be read as including a reference to this section.

485A. Relief for gifts made to designated schools.
Repealed from 6 April 2001
(1)In this section –

‘appropriate percentage’, in relation to a year of assessment, means a percentage equal to the standard rate of tax for that year;

‘approved body’ means a body of persons which is –

(a)established solely for the purpose of raising funds for the benefit of one or more named designated schools,

(b)composed of persons who are patrons, trustees, owners or governors of that one or those named designated schools, and

(c)is approved of for the purposes of this section by the Minister;

‘designated school’ means a primary or post-primary school which is in receipt of enhanced grants made by the Minister out of moneys provided by the Oireachtas;

‘enhanced grants’ mean grants, being grants that are greater than the capitation grants normally paid by the Minister to primary or post-primary schools, paid to schools a substantial proportion of the students of which are, in the opinion of the Minister, socially or economically disadvantaged;

‘Minister’ means the Minister for Education and Science;

‘relevant gift’ means a gift of money which –

(a)on or after the 6th day of April, 1998, is made to a designated school for the sole purpose of funding the activities of that school or to an approved body for the sole purpose of funding the activities of one or more than one named designated school,

(b)is or will be applied by the designated school or the approved body, as the case may be, for that purpose, and

(c)apart from this section is not deductible in computing for the purposes of tax the profits or gains of a trade or profession or is not income to which the provisions of section 792 apply, or is not a gift of money to which the provisions of section 484 apply;

‘tax’ means income tax or corporation tax, as the case may be.

(2)Where it is proved to the satisfaction of the Revenue Commissioners that a person has made a relevant gift and claims relief from tax by reference to that gift, the provisions of subsection (4) or, as the case may be, subsection (7) shall apply.

(3)In determining the net amount of the relevant gift for the purposes of subsections (4) and (7), the amount or value of any consideration received by the person concerned as a result of making the gift, whether received directly or indirectly from the designated school or the approved body to which the gift was made or otherwise, shall be deducted from the amount of the gift.

(4)For the purposes of income tax for the year of assessment in which a person makes a relevant gift the income tax to be charged on the person for that year of assessment, other than in accordance with section 16(2), shall be reduced by an amount which is the lesser of –

(a)the amount equal to the appropriate percentage of the net amount of the relevant gift, and

(b)the amount which reduces that income tax to nil.

(5)For the purposes of subsection (4), in the case of a person assessed to tax for a year of assessment in accordance with section 1017, any relevant gift made by the person’s spouse in that year, in respect of which the person’s spouse would have been entitled to relief under this section if that spouse were assessed to tax for the year of assessment in accordance with section 1016 (apart from subsection (2) of that section), shall be deemed to have been made by the person, and, accordingly, subsection (6) shall apply to that relevant gift separately from any relevant gift made by the person.

(6)Relief under this section shall not be given to a person for a year of assessment –

(a)if the net amount of the relevant gift (or the aggregate of the net amount of relevant gifts) made by the person in the year of assessment does not exceed £250, or

(b)to the extent to which the net amount of the relevant gift (or the aggregate of the net amount of the relevant gifts) made by the person in the year of assessment exceeds £1,000.

(7)Where a relevant gift is made by a company in an accounting period, the net amount of the gift shall, for the purposes of corporation tax, be treated as –

(a)a deductible trading expense of a trade carried on by the company, or

(b)an expense of management deductible in computing the total profits of the company,

for the accounting period.

(8)Relief under this section shall not be given –

(a)in respect of a relevant gift or gifts made by a company in an accounting period to a particular designated school or approved body, as the case may be –

(i)if the net amount of the relevant gift (or the aggregate of the net amount of relevant gifts) does not exceed £250, or

(ii)to the extent to which the net amount of the relevant gift (or the aggregate of the net amount of relevant gifts) exceeds £10,000,

(b)to the extent to which the aggregate of the net amount of all relevant gifts made by a company in an accounting period to more than one designated school and approved body, exceeds the lesser of –

(i)£50,000, or

(ii)10 per cent of the profits before account is taken of the relief under this section for the accounting period of the company.

(9)Where a relevant gift is made by a company in an accounting period of the company which is less than 12 months, the amounts of £10,000 and £50,000 specified in subsection (8) shall be proportionately reduced.

(10)Where a relevant gift is made by a chargeable person within the meaning of Part 41, a claim under this section shall be made with the return required to be delivered by that person under section 951 for the chargeable period in which the gift is made.

(11)Where any question arises as to whether for the purposes of this section –

(a)a body is an approved body,

(b)a school is a designated school, or

(c)a gift is a relevant gift,

the Revenue Commissioners may consult the Minister.

(12)Every designated school, when required to do so by notice in writing from the Minister, shall, within the time limited by the notice, prepare and deliver to the Minister a return containing particulars of the aggregate amount of relevant gifts received by the school in the period specified in the notice.

(13)Every approved body when required to do so by notice in writing from the Minister, shall, within the time limited by the notice, prepare and deliver to the Minister a return containing particulars of the aggregate amount of relevant gifts received by the body in the period specified in the notice and the disposal of such gifts.

(14)A relevant gift shall be deemed to be made to a designated school for the purposes of this section where it is made to any person or persons who exercise any control, management or trusteeship functions over, or in respect of, the school.

(15)For the purposes of a claim to relief under this section, a designated school or an approved body shall, on acceptance of a relevant gift, give to the person making the relevant gift a receipt which shall –

(a)contain a statement that –

(i)it is a receipt for the purposes of this section,

(ii)the school or body is a designated school or approved body, as the case may be, for the purposes of this section, and

(iii)the gift in respect of which the receipt is given is a relevant gift for the purposes of this section, and

(b)show –

(i)the name and address of the person making the relevant gift,

(ii)the net amount of the relevant gift in both figures and words,

(iii)the date of the relevant gift,

(iv)the full name of the designated school or approved body, as the case may be, and

(v)the date on which the receipt was issued, and

(c)be signed by a duly authorised official of the designated school or approved body.

485B. Relief for gifts to the Scientific and Technological Education (Investment) Fund.
Repealed from 6 April 2001
(1)In this section –

‘Minister’ means the Minister for Education and Science;

‘relevant gift’ means a gift of money which –

(a)on or after the 6th day of April, 1998, is made to STEIF,

(b)is or will be applied by STEIF solely for the purposes for which the fund was established, and

(c)apart from this section is not deductible in computing for the purposes of tax the profits or gains of a trade or profession, or is not income to which section 792 applies or is not a gift of money to which section 484 applies;

‘STEIF’ means the Scientific and Technological Education (Investment) Fund established under the Scientific and Technological Education (Investment) Fund Act, 1997 (as amended by the Scientific and Technological Education (Investment) Fund (Amendment) Act, 1998).

(2)Where it is proved to the satisfaction of the Revenue Commissioners that a person has made a relevant gift and the person claims relief from tax by reference to that gift, subsection (5) or, as the case may be, subsection (6) shall apply.

(3)Where a relevant gift is made by a chargeable person within the meaning of Part 41, a claim under this section shall be made with the return required to be delivered by that person under section 951 for the chargeable period in which the gift is made.

(4)In determining the net amount of the relevant gift for the purposes of subsection (5) or subsection (6), the amount or value of any consideration received by the person concerned as a result of making the gift, whether received directly or indirectly from STEIF or otherwise, shall be deducted from the gift.

(5)For the purposes of income tax for the year of assessment in which a person makes a relevant gift to which this section applies, the net amount of the gift shall be deducted from or set off against any income of the person chargeable to income tax for that year and tax shall where necessary be discharged or repaid accordingly, and the total income of the person or, where the person’s spouse is assessed to income tax in accordance with section 1017, the total income of the spouse shall be calculated accordingly.

(6)Where a relevant gift is made by a company, the net amount of the gift shall, for the purposes of corporation tax, be deemed to be a loss incurred by the company in a separate trade in the accounting period of the company in which the gift is made.

(7)Relief under this section shall not be given to a person for any year of assessment or accounting period, as the case may be, if the net amount of the gift (or the aggregate of the net amount of gifts) made by such person in that year or accounting period, as the case may be, is less than £1,000.

(8)STEIF, when required to do so by notice from the Minister, shall within the time limited by the notice prepare and deliver to the Minister a return containing particulars of the aggregate amount of relevant gifts received by it in the period specified in the notice and the disposal of such gifts.

(9)For the purposes of a claim to relief under this section, STEIF shall, on acceptance of a relevant gift, give to the person making the gift a receipt which shall –

(a)contain a statement that –

(i)it is a receipt for the purposes of this section, and

(ii)the gift in respect of which the receipt is given is a relevant gift for the purposes of this section,

and

(b)show –

(i)the name and address of the person making the relevant gift,

(ii)the amount of the relevant gift in both figures and words,

(iii)the date of the relevant gift,

(iv)the date on which the receipt was issued.

Chapter 2A

Limitation on amount of certain reliefs used by certain high income individuals (ss. 485C-485G)

485C.

Interpretation (Chapter 2A).

(1)In this Chapter and in Schedules 25B and 25C, except where the context otherwise requires –

“adjusted income” in relation to a tax year and an individual, means the amount determined by the formula – (T + S) – R where –
Tis the amount of the individual’s taxable income for the tax year determined on the basis that –
(a)this Chapter, other than section 485F, does not apply to the individual for the tax year, and
(b)
(i)if the individual, being a married person, is assessable to tax for the tax year otherwise than under section 1016, the provisions under which the individual is assessable are modified in accordance with paragraphs (i) to (vi) , but excluding paragraph (iia) of section 485FA
(ii)if the individual, being a civil partner, is assessable to tax for the tax year otherwise than under section 1031B, the provisions under which the individual is assessable are modified in accordance with paragraphs (i) , (iia) and (vi) of section 485FA
Sis the aggregate of the specified reliefs for the tax year, and
Ris the amount of the individual’s ring-fenced income, if any, for the tax year;

“aggregate of the specified reliefs” in relation to a tax year and an individual, means the aggregate of the amounts of specified reliefs used by the individual in respect of the tax year;

“amount of specified relief” in relation to a specified relief used by an individual in respect of a tax year, but subject to subsection (1A), means the amount of the specified relief used by the individual in respect of the tax year determined by reference to the entry in column (3) of Schedule 25B opposite the reference to the specified relief concerned in column (2) of that Schedule;

“excess relief” in relation to a tax year and an individual, means the amount by which the individual’s taxable income for the tax year determined in accordance with section 485E exceeds the amount that the individual’s taxable income for the tax year would have been had this Chapter, other than section 485F, not applied to that individual for that year;

‘income threshold amount’, in relation to a tax year and an individual, means –

(a)€125,000, or

(b)in a case where the individual’s income for the tax year includes ring-fenced income and his or her adjusted income for the tax year is less than €400,000, the amount determined by the formula –

where –

Ais the individual’s adjusted income for the year, and

Bis an amount determined by the formula –

T + S

where T and S have the same meanings respectively as they have in the definition of ‘adjusted income’;

‘relief threshold amount’, in relation to a tax year and an individual, means €80,000;

‘Revenue officer’ means an officer of the Revenue Commissioners;

“ring-fenced income” in relation to a tax year and an individual, means the aggregate of the following amounts, if any, charged to tax on the individual for the tax year –
(a)income chargeable to tax in accordance with subparagraph (i) of paragraph (c) of section 261 where clause (II) of that subparagraph applies to the income concerned, and
(b)income referred to in section 261B or 267M;
(c)[deleted]
(d)[deleted];

“specified relief” in relation to a tax year and an individual, means any relief arising under, or by virtue of, any of the provisions set out in column (2) of Schedule 25B;

“tax year” means a year of assessment;

(1A)Where a balancing charge is made under section 274, in relation to a building or structure, on an individual for a tax year, then –

(a)to the extent that any unused capital allowances attributable to capital expenditure incurred on the construction or refurbishment of that building or structure, have been carried forward in accordance with section 304 or 305 to the tax year, and are used in that tax year to reduce the amount of the balancing charge, those allowances so used shall not be treated as an amount of specified relief under this Chapter, and

(b)any amount by which the balancing charge has been reduced in the manner referred to in paragraph (a), shall not be taken into account for the purposes of determining the adjusted income of the individual for the tax year.

(1B)

(a)For the purposes of this subsection and Schedule 25B ‘specified plant and machinery’ means plant and machinery on which a wear and tear allowance may be granted under section 284, whether by virtue of section 298 or otherwise, which would be restricted by section 403(3) save for the provisions of section 403(9).

(b)Subject to paragraph (d), a wear and tear allowance granted under section 284, or deemed to have been made to an individual under section 287, whether by virtue of section 298 or otherwise, shall only be a specified relief to the extent it relates to specified plant and machinery.

(c)Subject to paragraph (d), a balancing allowance arising under section 288 shall only be a specified relief to the extent it relates to specified plant and machinery.

(d)This subsection and the matters set out opposite reference numbers 15C and 15D in Schedule 25B shall not apply to allowances granted to an individual who in respect of the trade to which the allowances relate is an active trader, within the meaning of section 409D, or an active partner, within the meaning of section 409A.

(2)

(a)For the purposes of this Chapter, references in this Chapter to specified reliefs used by the individual in respect of the tax year include references in the Tax Acts to –

(i)an allowance having been made to the individual for the year, in respect of which allowance, effect has been given, in full or in part, for that year,

(ii)a deduction having been given or allowed to the individual for the year, in respect of which deduction, effect has been given, in full or in part, for that year,

(iii)a deduction from or set off against income of whatever description being allowed to the individual for the year, in respect of which deduction or set off, effect has been given, in full or in part, for that year,

(iv)relief given to the individual for the year by way of repayment or discharge of tax in respect of which repayment or discharge effect has been given, in full or in part, for that year,

(v)income, profits or gains arising to the individual in the year being exempt from income tax for the year,

(vi)income, profits or gains arising to the individual in the year being disregarded or not reckoned for the purposes of the Income Tax Acts or, as the case may be, for the purposes of income tax for the year,

and other references in the Tax Acts to methods of affording relief from tax, however expressed, and in respect of which effect, in full or in part, has been given in the tax year shall likewise be construed as included in any reference in this Chapter to specified reliefs used by the individual in respect of the tax year.

(b)For the purposes of the definition of the ‘amount of specified relief’, in relation to a specified relief which is of a kind referred to in subparagraph (v) or (vi) of paragraph (a), the amount of any income, profits or gains, as the case may be, shall be computed in accordance with the Tax Acts as if the specified relief concerned had not been enacted.

(3)Notwithstanding any other provision of the Tax Acts, the following provisions shall apply for the purposes of those Acts –

(a)where, in relation to any tax year and the capital allowances to be given effect to in that year, any provision of the Tax Acts requires allowances (in this paragraph referred to as the ‘first-mentioned allowances’) for one period to be given effect to, or to be deemed to be given effect to, in priority to allowances for another period (in this paragraph referred to as the ‘second-mentioned allowances’), then –

(i)as respects the first-mentioned allowances, effect shall be given, or be deemed to be given, as the case may be, for an allowance which is not a specified relief in priority to any such allowance which is a specified relief and in priority to the second-mentioned allowances, and

(ii)as respects the second-mentioned allowances, effect shall be given, or be deemed to be given, as the case may be, for an allowance which is not a specified relief in priority to any such allowance which is a specified relief,

(ab)a deduction authorised by subsection (2) of section 97 shall be allowed in respect of a matter which is specifically referred to in that subsection in priority to a deduction authorised to be made under that subsection by virtue of a specified relief,

(ac)a deduction from total income shall be made in respect of a relief due for a tax year which is not a specified relief in priority to any such deduction due for the tax year which is a specified relief,

(b)loss relief for any tax year shall be given in respect of a loss which is not referable to a specified relief in priority to relief being given for a loss which is referable to a specified relief,

(c)a further deduction due under section 324, 333, 345, 354 or paragraph 13 of Schedule 32 for a tax year shall only be given effect for that year after effect is given to any other deduction the individual is entitled to for that year in computing the amount of the individual’s profits or gains to be charged to tax for that year under Case I or II of Schedule D.

(4)Schedules 25B and 25C shall have effect for the purposes of this Chapter.

485D.

Application (Chapter 2A).

This Chapter shall apply to an individual for a tax year where –

(a)the individual’s adjusted income for the tax year is equal to or greater than the the income threshold amount, and

(b)the aggregate of the specified reliefs used by the individual in respect of the tax year is equal to or greater than the relief threshold amount,

but this Chapter, other than section 485F, shall not apply for the tax year where 20 per cent of the individual’s adjusted income for the tax year is equal to or greater than the aggregate of the specified reliefs used by the individual in respect of the tax year.

485E.

Recalculation of taxable income for purposes of limiting reliefs.

Where this Chapter applies to an individual for a tax year, notwithstanding anything in any provision of the Tax Acts other than this Chapter, the individual’s taxable income for the tax year shall, instead of being the amount it would have been had this Chapter not applied to the individual for the tax year, be the amount determined by the formula –

T + (S – Y)

where –

“>
Tis the amount of the individual’s taxable income for the tax year determined on the basis that this Chapter, other than sections 485F and 485FA, does not apply to the individual for the tax year,

Sis the aggregate of the specified reliefs for the tax year, and

Yis the greater of –

(i)the relief threshold amount, and

(ii)20 per cent of the individual’s adjusted income for the tax year.

485F.

Carry forward of excess relief.

(1)Where in any tax year section 485E applies to an individual, the excess relief shall be carried forward to the next tax year and, subject to sections 485E and 485G(2)(a)(iii), the individual shall, in computing the amount of his or her taxable income before the application of section 485E in that next tax year, be entitled to a deduction from his or her total income of an amount equal to the amount of the excess relief.

(2)If and so far as an amount equal to the excess relief once carried forward to a tax year under subsection (1) is not deducted or is not fully deducted from the individual’s total income for that year, the amount or the balance of the amount not deducted under subsection (1) shall be carried forward again to the next following tax year and, subject to section 485E, the individual shall, in that next following tax year, in computing the amount of his or her taxable income before the application of section 485E in that next following year, be entitled to a deduction from his or her total income of an amount equal to the amount so carried forward and so on for each succeeding tax year until the full amount of the excess relief has been deducted from the individual’s total income for the tax years concerned.

(3)Where subsection (1) or (2) applies for any tax year, relief shall be given to the individual for the tax year in the following order –

(a)in the first instance, in respect of any other tax relief apart from the relief provided for by this section,

(b)only thereafter, in respect of an amount carried forward from an earlier year in accordance with subsection (1) or (2), and in respect of such an amount carried forward from an earlier tax year in priority to a later tax year.

485FA.

Adaptation of provisions relating to taxation of married persons.

Where this Chapter applies to an individual or his or her spouse or civil partner for a tax year, and –

(a)an election under section 1018 or 1031D (including a deemed election under either of those sections) to be assessed to tax in accordance with section 1017 or, as the case may be, section 1031C has effect for the tax year,

(b)an application under section 1023 or, as the case may be, section 1031H has effect for that year, or

(c)the provisions of section 1019(3) apply for that year,

in respect of the individual and his or her spouse, then the following provisions shall apply:

(i)the definition of ‘chargeable tax’ in section 3(1) shall apply as if the references to total income were references to taxable income;

(ii)subsection (1) of section 1017 shall apply as if the following paragraph was substituted for paragraph (a) of that subsection:

‘(a)the husband shall be assessed and charged to income tax, not only in respect of his taxable income (if any) for that year, but also in respect of his wife’s taxable income (if any) for any part of that year of assessment during which she is living with him and, for this purpose and for the purposes of the Income Tax Acts, the last-mentioned income shall be deemed to be his income,’;

(iia)subsection (1) of section 1031C shall apply as if the following paragraph was substituted for paragraph (a) of that subsection:

‘(a)the nominated civil partner shall be assessed and charged to income tax, not only in respect of his or her taxable income (if any) for that year, but also in respect of his or her civil partner’s taxable income (if any) for any part of that year of assessment during which he or she is living with the nominated civil partner and, for this purpose and for the purposes of the Income Tax Acts, the last-mentioned income shall be deemed to be the income of the nominated civil partner,’;

(iii)the references to total income in –

(I)subsection (3),

(II)paragraph (a) of subsection (4) other than the references in subparagraph (ii) of that paragraph, and

(III)subsection (4)(b),

of section 1019 shall be construed as references to taxable income;

(iv)the reference to so assessed and charged for each subsequent year of assessment in section 1019(4)(a) shall be construed as a reference to –

(I)assessed and charged in respect of her taxable income (if any) and the taxable income (if any) of her husband for each subsequent year of assessment, where this Chapter applies for a tax year to either or both spouses, and

(II)assessed and charged in respect of her total income (if any) and the total income (if any) of her husband for each subsequent year of assessment, in any other case;

(v)the reference to so assessed to income tax for the year of assessment in which that notice or application is withdrawn and for each subsequent year of assessment in section 1019(4)(b) shall be construed as a reference to –

(I)assessed to income tax in respect of her own taxable income (if any) and the taxable income (if any) of her husband for the year of assessment in which that notice or application is withdrawn and for each subsequent year of assessment, where this Chapter applies for a tax year to either or both spouses, and

(II)assessed to income tax in respect of her own total income (if any) and the total income (if any) of her husband for the year of assessment in which that notice or application is withdrawn and for each subsequent year of assessment, in any other case;

and

(vi)where paragraph (a) or (c) apply to an individual and his or her spouse or civil partner for a tax year, then to the extent that –

(I)the benefit flowing from such deductions as are specified in the provisions referred to in Part 1 of the Table to section 458 for the tax year exceeds the income tax chargeable on the individual’s income for the tax year, the balance shall be applied to reduce the income tax chargeable on the income of the individual’s spouse or civil partner for that year, and

(II)the benefit flowing from such deductions exceed the income tax chargeable on the spouse’s or civil partner’s income for that year, the balance shall be applied to reduce the income tax chargeable on the income of the individual for that year.

485FB.

Requirement to provide estimates and information.

(1)In this section –

‘chargeable person’ and ‘specified return date for the chargeable period’ have the same meanings as in Part 41A;

‘prescribed form’ means a form prescribed by the Revenue Commissioners or a form used under the authority of the Revenue Commissioners, and includes a form which involves the delivery of a statement by any electronic, photographic or other process approved of by the Revenue Commissioners.

(2)Where this Chapter applies to an individual for a tax year that individual shall, if not otherwise a chargeable person, be deemed to be a chargeable person for such year for the purposes of Part 41A.

(3)Where this Chapter applies to an individual for a tax year that individual shall, in addition to the return required to be delivered under Chapter 3 of Part 41A, prepare and deliver to the Collector-General at the same time as, and together with, the return required under Chapter 3 of Part 41A on or before the specified return date for the chargeable period a full and true statement in a prescribed form of the details required by the form in respect of –

(a)the amounts constituting the aggregate of the specified reliefs,

(b)the determination of those amounts, and

(c)the estimates required by subsection (4),

and of such further particulars in relation to this Chapter as may be required by the prescribed form.

(4)The estimates required by this subsection are estimates of –

(a)the individual’s taxable income for the year determined as if this Chapter, other than section 485F, did not apply to the individual for that year,

(b)the individual’s taxable income determined in accordance with section 485E, and

(c)the amount of tax that should be assessed on the individual as a consequence of the application of this Chapter,

which estimates shall be made to the best of the individual’s knowledge and belief.

(5)Where this Chapter applies to both a husband and a wife, not being persons to whom section 1016 or 1023 applies, or to both civil partners, not being persons to whom section 1031B or 1031H applies, then separate statements under this section shall be required from both the husband and the wife or, as the case may be, both civil partners and both statements shall be made on the same prescribed form (in this subsection referred to as a ‘combined statement’) and references in this section, other than in this subsection, to a statement required to be delivered under this section shall include references to a combined statement.

(6)

(a)For the purposes of determining –

(i)the accuracy or otherwise of any details, particulars or estimates contained in the statement referred to in subsection (3), or

(ii)whether or not an individual who has not provided a statement under this section is an individual to whom this Chapter applies,

a Revenue officer may make such enquiries or take such actions within his or her powers as he or she considers necessary for the purposes of determining the matters set out in subparagraph (i) or (ii), including, in the case of subparagraph (ii), requiring by notice in writing the individual to furnish in writing to the officer within such time, not being less than 14 days, as may be provided by the notice, details of each provision in respect of which the individual is claiming tax relief for a tax year together with the amount of each separate claim and the particulars of each separate claim under that provision.

(b)Subparagraph (ii) of paragraph (a) shall only apply to an individual who has made a return under section 951 for a tax year and whose income, including income exempt from tax, from all sources and disregarding all deductions, allowances and other tax reliefs is equal to or greater than the income threshold amount.

(7)Subsections (9) and (10) of section 951 shall apply to a statement required to be delivered under this section in the same way as they apply to a return required to be delivered under that section, and for this purpose a reference in those subsections to a return, other than a reference to the specified return date for the chargeable period, shall be construed as a reference to a statement under this section.

(8)Section 1052 shall apply to a failure by an individual to deliver a statement under this section or the details, amounts and particulars referred to in subsection (6) as it applies to a failure to deliver a return referred to in section 1052.

485G.

Miscellaneous (Chapter 2A).

(1)Nothing in this Chapter shall prevent an individual referred to in paragraph (b) of section 267(1) who is entitled to a repayment of the whole or any part of the appropriate tax (within the meaning of section 256) by virtue of subsection (3) of section 267 from obtaining any such repayment in accordance with that subsection.

(2)

(a)Where this Chapter applies to an individual for a tax year, the following provisions shall apply as respects the individual and any specified relief used by the individual in the tax year –

(i)for the purposes of Part 9 and that Part as applied for the purposes of any other provision of the Tax Acts, the amount of any specified relief used by the individual in the tax year shall be determined without regard to the application to the individual for that year of section 485E,

(ii)the calculation of the amount unallowed under section 292 in the case of a specified relief shall take no account of the application of this Chapter to the relief for any tax year,

(iii)the application of this Chapter to a specified relief for any tax year shall not affect the determination of the amount of a balancing charge (within the meaning of section 274 and that section as applied for the purposes of any other provision of the Tax Acts) to be made on, or a balancing allowance (within the same meanings) to be made to, any individual in respect of that relief, but the amount of any such balancing charge to be made on that individual shall be reduced by the amount determined under paragraph (b) and where any such reduction applies the sum of –

(I)the amount of the individual’s excess relief for the year in which the balancing charge arises, and

(II)the amount of any excess relief carried forward to that year that is not deducted for that year,

shall be reduced by an amount equal to the amount by which the balancing charge is reduced, and

(iv)the application of this Chapter to the individual for that year in respect of a specified relief shall be ignored for the purposes of determining whether any amount of the specified relief is available for carry-forward to a subsequent tax year.

(b)

(i)The amount referred to in paragraph (a)(iii) is an amount equal to the lesser of –

(I)the amount of the individual’s excess relief carried forward to the year in which the balancing charge arises and not deducted or not fully deducted for that year, before any reduction by reference to paragraph (a)(iii), and

(II)an amount equal to the sum of the amounts determined in accordance with subparagraph (ii) in respect of each tax year for which –

(A)section 485E applied to the individual, and

(B)an allowance was made to the individual,

in respect of the building or structure in respect of which the balancing charge arises.

(ii)The amount referred to in subparagraph (i)(II) is an amount determined by the formula –

A x E

where –

Ais the amount of the allowance made to the individual for a year,

Eis the amount of the individual’s excess relief for that year, and

Sis the individual’s aggregate of the specified reliefs for that year.

(3)

(a)Where this Chapter applies to an individual for a tax year, then, to the extent that the individual’s taxable income determined in accordance with section 485E exceeds the amount of the profits, gains or income in respect of which the individual is chargeable under Schedules C, D, E and F the amount of the excess shall, notwithstanding any other provision of the Tax Acts, be deemed to be an amount of income chargeable to income tax under Case IV of Schedule D, but-

(i)the amount so chargeable shall not be reckoned in computing the individual’s total income for that year, and

(ii)this paragraph shall be disregarded for the purpose of determining-

(I)whether this Chapter should apply to an individual for a tax year, and

(II)the amount of “T” in the formula in the definition of ‘adjusted income’ in section 485C(1) and in the formula in section 485E.

(b)Any assessment to income tax to be made on an individual for a tax year shall, notwithstanding any other provision of the Tax Acts, include, in addition to any income, profits or gains of the individual otherwise chargeable to income tax, any amount chargeable to income tax on the individual by virtue of paragraph (a), and the provisions of the Tax Acts, including in particular those provisions relating to the assessment, collection and recovery of tax and the payment of interest on unpaid tax, shall apply as respects any amount chargeable to income tax by virtue of paragraph (a).

(c)Where, but for this Chapter, no assessment to income tax would be made on an individual for a tax year, then a Revenue officer shall, notwithstanding any other provision of the Tax Acts, make an assessment to income tax on the individual to the best of the officer’s judgement of the amounts chargeable to income tax, including any amount chargeable by virtue of paragraph (a), and the provisions of the Tax Acts, including in particular those provisions relating to the assessment, collection and recovery of tax and the payment of interest on unpaid tax, shall apply as respects-

(i)any amount chargeable to income tax by virtue of paragraph (a), and

(ii)any assessment to income tax made on the individual by virtue of this paragraph.

(4)

(a)Subject to paragraph (b), subsection (5) and paragraph 5 of Schedule 24, where under any provision of the Tax Acts (other than any provision of this Chapter) the calculation of a relief, deduction, credit in relation to tax or, as the case may be, a reduction in the amount of tax payable arises for a tax year which requires total income, taxable income, tax payable or tax chargeable for the year to be taken into account as part of the calculation –

(i)that calculation shall be carried out as if this Chapter, other than section 485F, does not apply, and

(ii)

(I)in the case of a relief or deduction, effect shall be given to such relief or deduction before the application of this Chapter but after the application of section 485F, or

(II)in the case of a credit in relation to tax or, as the case may be, a reduction in the amount of tax payable, the benefit of that credit or reduction (as calculated in accordance with subparagraph (i)) shall be given against the amount of tax to be charged on the individual for the year involved in relation to his or her taxable income as determined in accordance with section 485E.

(b)Where this Chapter applies to an individual for a tax year nothing in paragraph (a) shall affect the calculation of the amount of tax which is to be charged on the individual for the year involved in relation to his or her taxable income as determined in accordance with section 485E.

(5)Where this Chapter applies to an individual for a tax year, the provisions of section 187 (as amended by the Finance Act 2008) or section 188 shall not apply to the individual for that year.

Chapter 3

Corporation tax reliefs (ss. 486-487)

486.

Corporation tax: relief for gifts to First Step.

Repealed from 6 April 2001
(1)In this section, “First Step” means the company incorporated under the Companies Acts, 1963 to 1990, on the 20th day of September, 1990, as First Step Limited.

(2)This section shall apply to a gift of money which –

(a)on or before the 31st day of December, 2002, is made to First Step,

(b)is applied by First Step solely for the objects for which it was incorporated, and

(c)is not deductible in computing for the purposes of corporation tax the profits or gains of a trade or profession or is not income to which section 792 applies.

(3)Where a company makes a gift to which this section applies and claims relief from tax by reference to the gift, the net amount of the gift shall for the purposes of corporation tax be deemed to be a loss incurred by the company in a separate trade in the accounting period of the company in which the gift is made.

(4)

(a)In determining the net amount of the gift for the purposes of this section, the amount or value of any consideration received by the company as a result of making the gift, whether received directly or indirectly from First Step or any other person, shall be deducted from the amount of the gift.

(b)Relief under this section shall not be given to a company for an accounting period –

(i)if the net amount of the gift (or the aggregate of the net amounts of gifts) made by the company in that accounting period, being a gift or gifts, as the case may be, to which this section applies, does not exceed £500,

(ii)to the extent to which the net amount of the gift (or the aggregate of the net amounts of gifts) made by the company in that accounting period, being a gift or gifts, as the case may be, to which this section applies, exceeds £100,000,

(iii)in respect of a gift made at any time in the year ended on the 31st day of May in the year 1999, 2000, 2001 or 2002, if at that time the aggregate of the net amounts of all gifts to which this section applies made to First Step within that year exceeds £1,500,000, or

(iv)in respect of a gift made at any time in the period commencing on the 1st day of June, 2002, and ending on the 31st day of December, 2002, if at that time the aggregate of the net amounts of all gifts to which this section applies made to First Step within that period exceeds £875,000.

(5)A claim under this section shall be made with the return required to be delivered under section 951 for the accounting period in which the gift is made.

(6)Where a company makes a gift in respect of which relief is not to be given by virtue of subparagraph (iii) or (iv) of subsection (4)(b), First Step shall, by notice in writing given to the company within 30 days of the making of the gift, advise the company accordingly.

(7)Where a gift to which this section applies is made by a company in an accounting period of the company which is less than 12 months, the amounts specified in subparagraphs (i) and (ii) of subsection (4)(b) shall be proportionately reduced.

486A.

Corporate donations to eligible charities.

Repealed from 6 April 2001
(1)In this section –

‘authorisation’ shall be construed in accordance with subsection (2);

‘eligible charity’ means any body in the State that is the holder of an authorisation that is in force;

‘qualifying donation’ shall be construed in accordance with subsection (8).

(2)Subject to subsection (3), the Revenue Commissioners may, on application to them in such form as they may determine, or in a form to the like effect, by a body in the State, and on the furnishing by the body to the Revenue Commissioners of such information as they may reasonably require for the purpose of their functions under this section, issue to the body a document (‘an authorisation’) stating that the body is an eligible charity for the purposes of this section.

(3)An authorisation shall not be issued to a body unless it shows to the satisfaction of the Revenue Commissioners that –

(a)it is a body of persons or a trust established for charitable purposes only,

(b)the income of the body is applied for charitable purposes only,

(c)before the date of the making of the application concerned under subsection (2), it has been granted exemption from tax for the purposes of section 207 for a period of not less than 3 years,

(d)it provides such other information to the Revenue Commissioners as they may require for the purposes of their functions under this section, and

(e)it complies with such conditions, if any, as the Minister for Justice, Equality and Law Reform may, from time to time, specify for the purposes of this section.

(4)An eligible charity shall publish such information in such manner as the Minister for Finance may reasonably require, including audited accounts of the charity comprising –

(a)an income and expenditure account or a profit and loss account, as appropriate, for its most recent accounting period, and

(b)a balance sheet as at the last day of that period.

(5)Notwithstanding any obligations as to secrecy or other restriction upon disclosure of information imposed by or under any statute or otherwise, the Revenue Commissioners may make available to any person the name and address of an eligible charity.

(6)Subject to subsection (7), an authorisation shall have effect for such period, not exceeding 5 years, as the Revenue Commissioners may determine and specify therein.

(7)Where the Revenue Commissioners are satisfied that an eligible charity has ceased to comply with subsection (3) or (4), they shall, by notice in writing served by registered post on the charity, withdraw the authorisation of the charity and the withdrawal shall apply and have effect from such date, subsequent to the date of the notice, as is specified therein.

(8)For the purposes of this section, a donation to an eligible charity is a qualifying donation if –

(a)it is made by a company,

(b)it is made on or after the 6th day of April, 1998, and

(c)it satisfies the requirements of subsection (9).

(9)A donation made by a company in an accounting period of the company satisfies the requirements of this subsection if –

(a)it takes the form of the payment of one or more sums of money,

(b)it is not subject to a condition as to repayment,

(c)neither the company nor any person connected with it receives a benefit in consequence of making the donation,

(d)it is not conditional on or associated with, or part of an arrangement involving, the acquisition of property by the eligible charity, otherwise than by way of gift, from the donor company or a person connected with it,

(e)but for subsection (10) –

(i)it would not be deductible in computing for the purposes of corporation tax the profits or gains of a trade or profession, and

(ii)it would not be an expense of management deductible in computing the total profits of a company,

and

(f)it is not income to which section 792 applies.

(10)Where a company makes a qualifying donation in any accounting period and claims relief from tax by reference thereto, the amount thereof shall, for the purposes of corporation tax, be treated as –

(a)a deductible trading expense of a trade carried on by the company, or

(b)an expense of management deductible in computing the total profits of the company,

for that accounting period.

(11)A claim under this section shall be made with the return required to be delivered under section 951 for the accounting period in which the qualifying donation is made.

(12)Relief under this section shall not be given –

(a)in respect of a qualifying donation made by a company in any accounting period to an eligible charity –

(i)if the amount of the qualifying donation, or the aggregate of the amount of qualifying donations made by the company in the period, does not exceed £250, or

(ii)to the extent to which the amount of the qualifying donation, or the aggregate of the amount of qualifying donations, aforesaid, exceeds £10,000,

(b)to the extent to which the aggregate of the amount of all qualifying donations made by a company in any accounting period to more than one eligible charity, exceeds the lesser of –

(i)£50,000, or

(ii)10 per cent of the profits, before account is taken of the relief under this section, of the company for the accounting period.

(13)Where a qualifying donation is made by a company in an accounting period of the company which is less than 12 months, the amounts of £10,000 and £50,000 specified in subsection (12) shall be proportionately reduced.

486B. Relief for investment in renewable energy generation.
(1)In this section –

“authorised officer” means an officer of the Revenue Commissioners authorised by them in writing for the purposes of this section;

“commencement date” means the day on which section 62 of the Finance Act, 1998, comes into operation;

“the Minister” means the Minister for Communications, Energy and Natural Resources;

“new ordinary shares” means new ordinary shares forming part of the ordinary share capital of a qualifying company which, throughout the period of five years commencing on the date such shares are issued, carry no present or future preferential right to dividends, or to a company’s assets on its winding up, and no present or future preferential right to be redeemed;

“qualifying company” means a company which –

(a)is incorporated in the State,

(b)is resident in the State and not resident elsewhere, and

(c)exists solely for the purposes of undertaking a qualifying energy project;

“qualifying energy project” means a renewable energy project in respect of which the Minister has given a certificate under subsection (2) which has not been revoked under that subsection;

“qualifying period” means the period commencing on the commencement date and ending on 31 December 2014;

“relevant cost” in relation to a qualifying energy project means the amount of the capital expenditure incurred or to be incurred by the qualifying company for the purposes of undertaking the qualifying energy project reduced by an amount equal to such part of that expenditure as –

(a)is attributable to the acquisition of, or of rights in or over, land, and

(b)has been or is to be met directly or indirectly by the State or by any person other than the qualifying company;

“relevant deduction” means, subject to subsections (4) and (5), a deduction of an amount equal to a relevant investment;

“relevant investment” means a sum of money which is –

(a)paid in the qualifying period by a company on its own behalf to a qualifying company in respect of new ordinary shares in the qualifying company and is paid by the company directly to the qualifying company,

(b)paid by the company for the purposes of enabling the qualifying company to undertake a qualifying energy project, and

(c)used by the qualifying company within 2 years of the receipt of that sum for those purposes,

but does not include a sum of money paid to the qualifying company on terms which provide that it will be repaid, and a reference to the making of a relevant investment shall be construed as a reference to the payment of such a sum to a qualifying company;

“renewable energy project” means a renewable energy project (including a project successful in the Third Alternative Energy Requirement Competition (AER III – 1997) initiated by the Minister) in one or more of the following categories of technology –

(a)solar power,

(b)windpower,

(c)hydropower, and

(d)biomass.

(2)

(a)

(i)The Minister, on the making of an application by a qualifying company, may give a certificate to the qualifying company stating, in relation to a renewable energy project to be undertaken by the company, that the renewable energy project is a qualifying energy project for the purposes of this section.

(ii)An application under this section shall be in such form, and shall contain such information, as the Minister may direct.

(b)A certificate given by the Minister under paragraph (a) shall be subject to such conditions as the Minister may consider proper and specifies in the certificate.

(c)The Minister may amend or revoke any condition (including a condition amended by virtue of this paragraph) specified in such a certificate; the Minister shall give notice in writing to the qualifying company concerned of the amendment or revocation and, on such notice being given, this section shall apply as if –

(i)a condition so amended and the amendment of which is specified in the notice was specified in the certificate, and

(ii)a condition so revoked and the revocation of which is specified in the notice was not specified in the certificate.

(d)A reference in paragraph (c) to the amendment of a condition specified in a certificate includes a reference to the addition of any matter, by way of a further condition, to the terms of the certificate.

(e)Where a company fails to comply with any of the conditions specified in a certificate issued to it under paragraph (a) –

(i)that failure shall constitute the failure of an event to happen by reason of which relief is to be withdrawn under subsection (6), and

(ii)the Minister may, by notice in writing served by registered post on the company, revoke the certificate.

(3)Subject to this section, where in an accounting period a company makes a relevant investment, it shall, on making a claim in that behalf, be given a relevant deduction from its total profits for the accounting period; but, where the amount of the relevant deduction to which the company is entitled under this section in an accounting period exceeds its profits for that accounting period, an amount equal to that excess shall be carried forward to the succeeding accounting period and the amount so carried forward shall be treated for the purposes of this section as if it were a relevant investment made in that succeeding accounting period.

(4)Where in any period of 12 months ending on the day before an anniversary of the commencement date, the amount or the aggregate amount of the relevant investments made, or treated as made, by a company, or by the company and all companies which at any time in that period would be regarded as connected with the company, exceeds €12,700,000 –

(a)no relief shall be given under this section in respect of the amount of the excess, and

(b)where there is more than one relevant investment, such apportionment of the relief available shall be made as is just and reasonable to allocate to each relevant investment a due proportion of the relief available and, where necessary, to grant to each company concerned an amount of relief proportionate to the amount of the relevant investment or the aggregate amount of the relevant investments made by it in the period.

(5)Relief under this section shall not be given in respect of a relevant investment which is made at any time in a qualifying company if, at that time, the aggregate of the amounts of that relevant investment and all other relevant investments made in the qualifying company at or before that time exceeds an amount equal to –

(a)50 per cent of the relevant cost of the project, or

(b)€9,525,000,

whichever is the lesser.

(6)

(a)A claim to relief under this section may be allowed at any time after the time specified in paragraph (c) in respect of the payment of a sum to a qualifying company if –

(i)that payment, if it is used, within 2 years of its being paid, by the qualifying company for the purposes of a qualifying energy project, will be a relevant investment, and

(ii)all the conditions specified in this section for the giving of the relief are or will be satisfied,

but the relief shall be withdrawn if, by reason of the happening of any subsequent event including the revocation by the Minister of a certificate under subsection (2) or the failure of an event to happen which at the time the relief was given was expected to happen, the company making the claim was not entitled to the relief allowed.

(b)Where a company has made a relevant investment by means of a subscription for new ordinary shares of a qualifying company and any of those shares are disposed of at any time within 5 years after the time specified in paragraph (c), a claim to relief under this section shall not be allowed in respect of the amount subscribed for those shares, and if any such relief has been given, it shall be withdrawn.

(c)The time referred to in paragraph (a) and paragraph (b) is the time when the payment in respect of which relief is claimed has been made.

(7)A claim for relief in respect of a relevant investment in a company shall not be allowed unless it is accompanied by a certificate issued by the company in such form as the Revenue Commissioners may direct and certifying that the conditions for the relief, in so far as they apply to the company and the qualifying energy project, are or will be satisfied in relation to that relevant investment.

(8)Before issuing a certificate for the purposes of subsection (7), a qualifying company shall furnish the authorised officer with –

(a)a statement to the effect that it satisfies or will satisfy the conditions for the relief in so far as they apply in relation to the company and the qualifying energy project,

(b)a copy of the certificate, including a copy of any notice given by the Minister specifying the amendment or revocation of a condition specified in that certificate, under subsection (2) in respect of the qualifying energy project, and

(c)such other information as the Revenue Commissioners may reasonably require.

(9)A certificate to which subsection (7) relates shall not be issued –

(a)without the authority of the authorised officer, or

(b)in relation to a relevant investment in respect of which relief may not be given by virtue of subsection (5).

(10)Any statement under subsection (8) shall –

(a)contain such information as the Revenue Commissioners may reasonably require,

(b)be in such form as the Revenue Commissioners may direct, and

(c)contain a declaration that it is correct to the best of the company’s knowledge and belief.

(11)Where a qualifying company has issued a certificate for the purposes of subsection (7) or furnished a statement under subsection (8) and either –

(a)the certificate or statement is false or misleading in a material respect, or

(b)the certificate was issued in contravention of subsection (9),

then –

(i)the company shall be liable to a penalty of €4,000, and

(ii)no relief shall be given under this section in respect of the matter to which the certificate or statement relates and, if any such relief has been given, it shall be withdrawn.

(12)A company shall not be entitled to relief in respect of a relevant investment unless the relevant investment –

(a)has been made for bona fide commercial reasons and not as part of a scheme or arrangement the main purpose or one of the main purposes of which is the avoidance of tax,

(b)has been or will be used for the purposes of undertaking a qualifying energy project, and

(c)is made at the risk of the company and neither the company nor any person who would be regarded as connected with the company is entitled to receive any payment in money or money’s worth or other benefit directly or indirectly borne by or attributable to the qualifying company, other than a payment made on an arm’s length basis for goods or services supplied or a payment out of the proceeds of exploiting the qualifying energy project to which the company is entitled under the terms subject to which the relevant investment is made.

(13)Where any relief has been given under this section which is subsequently found not to have been due or is to be withdrawn by virtue of subsection (6) or (11), that relief shall be withdrawn by making an assessment to corporation tax, under Case IV of Schedule D, for the accounting period or accounting periods in which relief was given and, notwithstanding anything in the Tax Acts, such an assessment may be made at any time.

(14)

(a)Subject to paragraph (b), where a company is entitled to relief under this section in respect of any sum or any part of a sum, or would be so entitled on duly making a claim in that behalf, as a relevant deduction from its total profits for any accounting period, it shall not be entitled to any relief for that sum or that part of a sum, in computing its income or profits, or as a deduction from its income or profits, for any accounting period under any other provision of the Tax Acts or the Capital Gains Tax Acts.

(b)Where a company has made a relevant investment by means of a subscription for new ordinary shares of a qualifying company and none of those shares is disposed of by the company within five years of their acquisition by that company, then, the sums allowable as deductions from the consideration (“the consideration concerned”) in the computation for the purpose of capital gains tax of the gain or loss accruing to the company on the disposal of those shares shall be determined without regard to any relief under this section which the company has obtained, or would be entitled, on duly making a claim in that behalf, to obtain, except that, where those sums exceed the consideration concerned, they shall be reduced by an amount equal to the lesser of –

(i)the amount of the relevant deduction allowed to the company under this section in respect of the subscription for those shares, and

(ii)the amount of the excess.

486C.

Relief from tax for certain start-up companies.

(1)

(a)In this section –

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;

“Commission Regulation (EC) No. 1998/2006” means Commission Regulation (EC) No. 1998/2006 of 15 December 2006 on the application of Articles 86 and 87 of the Treaty to de minimis aid;

“associated company” shall be construed in accordance with section 432;

“EEA state” means a State, other than the State, which is a Contracting Party to the EEA Agreement;

“Employer Job (PRSI) Incentive Scheme” means the scheme provided for in the Social Welfare (Employers’ Pay-Related Social Insurance Exemption Scheme) Regulations 2010 (S.I. No. 294 of 2010);

“Employers’ Pay-Related Social Insurance” means the contribution specified in section 13(2)(d) of the Social Welfare Consolidation Act 2005;

“excepted trade” has the same meaning as in section 21A;

“net chargeable gains” means chargeable gains less allowable losses;

“new company” means a company incorporated in the State or in an EEA State (other than the State) or in the United Kingdom on or after 14 October 2008;

“qualifying assets”, in relation to a qualifying trade, means relevant assets of the qualifying trade which are disposed of in the relevant period in relation to that trade;

“qualifying trade” has the meaning assigned to it in subsection (2);

“relevant asset”, in relation to a qualifying trade means, an asset (including goodwill but not including shares or securities or other assets held as investments) which is, or is an interest in, an asset used for the purposes of that trade other than an asset on the disposal of which no gain accruing would be a chargeable gain or an asset the consideration for the acquisition of which is determined by section 617 or section 631;

“relevant corporation tax”, in relation to an accounting period, means the corporation tax which, apart from this section, sections 239, 241, 440, 441, 644B and 827 and paragraph 18 of Schedule 32, would be chargeable for the accounting period exclusive of –

(i)the corporation tax chargeable on the profits of the company attributable to chargeable gains for that period, and

(ii)the corporation tax chargeable on the part of the company’s profits which are charged to tax at the rate specified in section 21A;

“relevant limit” means, subject to subsection (6), €5,000;

“relevant period”, in relation to a qualifying trade, means the period beginning on the day the company commences to carry on the qualifying trade and ending –

(i)5 years after that date where the company commences to carry on the qualifying trade on or after 1 January 2018, or

(ii)3 years after that date in all other cases;

“specified contribution”, in relation to an employee or director of a company, means, subject to paragraph (c), the lesser of –

(i)the amount of Employers’ Pay-Related Social Insurance paid by the company in an accounting period in respect of that employee or director, or which would have been so paid if relief under the Employer Job (PRSI) Incentive Scheme did not apply, and

(ii)the relevant limit;

“total contribution” means the lesser of –

(i)the aggregate amount of specified contributions of a company for an accounting period, and

(ii)the lower relevant maximum amount specified in subsection (5);

“total corporation tax”, in relation to an accounting period, means the corporation tax which, apart from this section, sections 239 and 241 would be chargeable for the accounting period;

“trade” means a trade the profits or gains of which are charged to tax under Case I of Schedule D.

(b)For the purposes of this section, the profits of a company attributable to chargeable gains for an accounting period shall be taken to be the amount of its profits for that period on which corporation tax falls finally to be borne exclusive of the part of the profits attributable to income. That part shall be taken to be the amount brought into the company’s profits for that period for the purposes of corporation tax in respect of income after any deduction for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of more than one description.

(c)In computing a specified contribution for an accounting period of a company which sets up and commences a qualifying trade in 2011, an amount of Employers’ Pay-Related Social Insurance paid by the company, or which would have been so paid if relief under the Employer Job (PRSI) Incentive Scheme did not apply, within one month after the end of the accounting period may be treated as Employers’ Pay-Related Social Insurance paid by the company in that accounting period and, where such an amount is so treated, it shall not be taken into account in computing a specified contribution for any subsequent accounting period.

(2)

(a)In this section “qualifying trade” means a trade which is set up and commenced by a new company at any time in the period beginning on 1 January 2009 and ending on 31 December 2026 other than a trade –

(i)which was previously carried on by another person and to which the company has succeeded,

(ii)the activities of which were previously carried on as part of another person’s trade or profession,

(iii)which is an excepted trade,

(iv)the activities of which if carried on by a close company with no other source of income, would result in that company being a service company for the purposes of section 441,

(v)the activities of which form part of an undertaking to which subparagraphs (a) to (h) of Article 1 of Commission Regulation (EC) No. 1998/2006 apply, or

(vi)the activities of which, if carried on by an associated company of the new company, would form part of a trade carried on by that associated company.

(b)Where a trade consists partly of excepted operations and partly of other operations or activities, then section 21A(2) shall apply for the purposes of this section as it applies for the purposes of section 21A.

(3)Where a company carries on a qualifying trade in an accounting period falling partly within the relevant period in relation to that qualifying trade, then, for the purposes of this section, the income from the qualifying trade for that accounting period shall be the amount of the income of the qualifying trade for that part of the accounting period and that part of the accounting period shall be treated as a separate accounting period.

(4)

(a)Where an accounting period of a company falls within a relevant period in relation to a qualifying trade and the total corporation tax payable by the company for that accounting period does not exceed the lower relevant maximum amount, then the aggregate of –

(i)corporation tax payable by the company for that accounting period, so far as it is referable to income from the qualifying trade for that accounting period, and

(ii)corporation tax payable by the company so far as it is referable to chargeable gains on the disposal of qualifying assets in relation to the trade,

shall be reduced by the lesser of –

(I)that aggregate, and

(II)the total contribution for the accounting period.

(b)Where an accounting period of a company falls within a relevant period in relation to a qualifying trade and the total corporation tax payable by the company for that accounting period exceeds the lower relevant maximum amount but does not exceed the upper relevant maximum amount, then the aggregate of corporation tax payable by the company for that accounting period so far as it is referable to income from the qualifying trade for that accounting period and corporation tax payable by the company for that accounting period so far as it is referable to chargeable gains on the disposal of qualifying assets in relation to the trade, shall be reduced to the greater of –

(i)that aggregate as reduced by the total contribution for the accounting period, and

(ii)an amount determined by the following formula:

where –

Tis the total corporation tax payable by the company for that accounting period,

Mis the lower relevant maximum amount,

Ais the corporation tax payable by the company for the accounting period so far as is referable to income from the qualifying trade for that accounting period, and

Bis the corporation tax payable by the company for that accounting period so far as is referable to chargeable gains on the disposal of qualifying assets of the qualifying trade.

(c)For the purposes of this subsection and subsection (4A), the corporation tax referable to income from a qualifying trade in an accounting period is such an amount as bears to the relevant corporation tax the same proportion as the income from the qualifying trade bears to the total income brought into charge to corporation tax for that accounting period.

(d)For the purposes of this subsection and subsection (4A), the corporation tax referable to chargeable gains on the disposal of qualifying assets is such amount as bears to the corporation tax payable on the profits of the company attributable to the chargeable gains for the accounting period the same proportion as the net chargeable gains on qualifying assets disposed of in the accounting period bears to net chargeable gains on all chargeable assets disposed of in the accounting period.

(4A)

(a)In this subsection –

“accounting period following the relevant period”, in relation to a company carrying on a qualifying trade, means an accounting period commencing on a date which occurs after the expiry of the relevant period in relation to the qualifying trade;

“corporation tax referable to the qualifying trade”, in relation to an accounting period of a company, means the corporation tax payable by the company for the accounting period, so far as it is referable to –

(i)income from the qualifying trade for that accounting period, and

(ii)chargeable gains on the disposal of relevant assets in relation to the trade in that accounting period.

(b)

(i)Where for an accounting period of a company falling within the relevant period in relation to a qualifying trade carried on by the company –

(I)the total corporation tax payable by the company for the accounting period does not exceed the lower relevant maximum amount, and

(II)the total contribution for the accounting period exceeds the corporation tax referable to the qualifying trade for that accounting period,the amount (in paragraph (c) referred to as a “first relevant amount”) of the excess referred to in clause (II) shall be available to reduce, in accordance with this subsection, the corporation tax referable to the qualifying trade for an accounting period following the relevant period.

(ii)Where for an accounting period of a company falling within the relevant period in relation to a qualifying trade carried on by a company –

(I)the total corporation tax payable by the company for the accounting period exceeds the lower relevant maximum amount but does not exceed the upper relevant maximum amount, and

(II)the total contribution for the accounting period exceeds the corporation tax referable to the qualifying trade for that accounting period,

an amount (in paragraph (c) referred to as a “second relevant amount”) determined by the following formula:

[C – (3 x (T – M) x C/T)] – R

where –

Cis the total contribution for the accounting period,

Tis the total corporation tax payable by the company for the accounting period,

Mis the lower relevant maximum amount, and

Ris the amount of relief to which the company is entitled under subsection (4)(b) for the accounting period,

shall be available to reduce, in accordance with this subsection, the corporation tax referable to the qualifying trade for an accounting period following the relevant period.

(c)For the purposes of this subsection, the aggregate of all amounts which are –

(i)the first relevant amount, or

(ii)the second relevant amount,

if any, for each accounting period falling within the relevant period, shall be referred to as a “specified aggregate”.

(d)

(i)Subject to paragraphs (e) and (f), where a company carries on a qualifying trade in an accounting period following the relevant period, the corporation tax referable to the qualifying trade for that accounting period shall be reduced by the specified aggregate.

(ii)Subject to paragraphs (e) and (f), where there is a reduction in the corporation tax for an accounting period following the relevant period by virtue of subparagraph (i) and the specified aggregate exceeds the amount of that reduction, the corporation tax referable to the qualifying trade for the next accounting period shall be reduced by the amount of that excess and so much of that excess as is not applied to reduce that corporation tax shall, in turn, be applied by the company to reduce the corporation tax referable to the qualifying trade for the succeeding accounting period and so on for each succeeding accounting period.

(e)As respects a qualifying trade carried on by a company, the amount by which the corporation tax referable to the qualifying trade for an accounting period following the relevant period may be reduced under this subsection shall not exceed the lesser of –

(i)such corporation tax, and

(ii)the total contribution,

for that accounting period.

(f)So much of a specified aggregate as is applied by a company to reduce corporation tax under this subsection shall be so applied only once.

(5)Subject to subsection (6), the lower relevant maximum amount and the upper relevant maximum amount mentioned in subsections (4) and (4A) are €40,000 and €60,000 respectively.

(6)For an accounting period of less than 12 months –

(a)the relevant limit, and

(b)the relevant maximum amounts specified in subsection (5),

shall be proportionately reduced.

(7)The aggregate of all reductions in corporation tax to which a company is entitled under subsections (4) and (4A) in respect of a qualifying trade, the activities of which consist wholly or mainly of the conveyance by road of persons or goods or the haulage by road of other vehicles, shall not exceed €100,000.

(8)

(a)Where, on a person ceasing to carry on a trade or part of a trade, a company (in this subsection referred to as the “successor”) begins –

(i)to carry on the activities of the trade as part of its trade, or

(ii)to carry on the activities of that part as part of its trade,

then that part of the trade carried on by the successor shall for the purposes of this section be treated as a separate trade.

(b)Where under paragraph (a) any activities of a company’s trade are to be treated as a separate trade, then any necessary apportionment shall be made of receipts or expenses.

(9)Notwithstanding section 4(4)(b), the income of a company, referred to in the expression “total income brought into charge to corporation tax”, for the accounting period for the purposes of subsection (2) is the sum determined by section 4(4)(b) for that period reduced by an amount equal to so much of the profits of the company for the accounting period as are charged to tax in accordance with section 21A.

(10)Where in an accounting period a company transfers to a connected person part of a qualifying trade, then the company shall not be entitled to relief under this section in respect of that trade for that or any subsequent accounting periods.

(11)Where a company is entitled to relief under this section in respect of any accounting period, then it shall specify the amount of relief due in its return required under Chapter 3 of Part 41A for that accounting period.

(12)Notwithstanding any obligation to maintain secrecy or any other restriction on the disclosure of information imposed by or under statute or otherwise, the Revenue Commissioners or any officer authorised by them for the purposes of this subsection may –

(a)disclose to any board established by statute, any public or local authority or any other agency of the State (in this paragraph referred to as a “relevant body”) information relating to the amount of relief granted to a company under this section, being information which is required by the relevant body concerned for the purpose of ensuring that the ceilings on aid set out in Commission Regulation (EC) No. 1998/2006 are not exceeded, and

(b)provide to the European Commission such information as may be requested by the European Commission in accordance with Article 3 of Commission Regulation (EC) No. 1998/2006.

487.

Corporation tax: credit for bank levy.

(1)

(a)In this section –

“accounting profit” means the amount of profit, after taxation and before extraordinary items –

(i)shown in the profit and loss account –

(I)in the case of a company resident in the State that prepares entity financial statements, which complies with the requirements of Part 6 of the Companies Act 2014, or in the case of a company that prepares group financial statements, which would be so shown if the company prepared entity financial statements in compliance with the requirements of Part 6 of the Companies Act 2014, and

(II)in the case of a company not resident in the State and carrying on a trade in the State through a branch or agency, of that branch or agency and which is certified by the statutory auditor appointed in accordance with Chapter 18 of Part 6 of the Companies Act 2014, or under the law of the state in which the company is incorporated and which corresponds to that section, as presenting a true and fair view of the profit or loss attributable to that branch or agency,

(ii)reduced by the amount of such profit as is attributable to –

(I)dividends received from companies resident in the State which are members of the group of which that company is a member,

(II)gains on disposal of capital assets,

(III)[deleted]

(IV)trading operations carried on outside of the State and in respect of which the company is chargeable to corporation tax in the State and to tax on income in another state, and

(V)dividends received from companies not resident in the State,

and

(iii)increased –

(I)as respects income from sources specified in subparagraphs (IV) and (V) of paragraph (ii), by an amount determined by the formula –

where –

Tis the corporation tax chargeable in respect of that income computed in accordance with the provisions of the Corporation Tax Acts and after allowing relief under Part 35, and

Ris the rate of corporation tax for the accounting period concerned and to which section 21 relates, but where part of the accounting period falls in one financial year and the other part falls in the financial year succeeding the first-mentioned financial year, R shall be determined by applying the formula specified in section 78(3)(b), and

(II)by the amount of stamp duty charged under section 64 of the Finance Act, 1989, section 108 of the Finance Act, 1990, section 200 of the Finance Act, 1992, or section 142 of the Finance Act, 1995, and under section 126 of the Stamp Duties Consolidation Act, 1999, as has been taken into account in computing that amount of profit, after taxation and before extraordinary items;

“adjusted group base tax”, in relation to a relevant period, means –

(i)an amount determined by the formula –

where –

Tis the group base tax,

Pis the group profit of the relevant period, and

Bis the group base profit,

(ii)if it is greater, the group advance corporation tax of the relevant period;

“advance corporation tax”, in relation to a relevant period, means the aggregate of the amounts of advance corporation tax paid or treated as paid by a company, and not repaid, under Chapter 8 of Part 6, in respect of distributions made in accounting periods falling wholly or partly within the relevant period and, where an accounting period falls partly within a relevant period, the aggregate shall include a part of the advance corporation tax so paid proportionate to the part of the accounting period falling within the relevant period;

“base profit”, in relation to a company, means 50 per cent of the aggregate of the amounts of accounting profit of a company for accounting periods falling wholly or partly in the period beginning on the 1st day of April, 1989, and ending on the 31st day of March, 1991, and, where an accounting period falls partly within that period, the aggregate shall include a part of the accounting profit of the accounting period proportionate to the part of the accounting period falling within that period;

“base tax” means 50 per cent of the aggregate of the corporation tax chargeable on a company, exclusive of the corporation tax on the part of the company’s profits attributable to chargeable gains and before the set-off of advance corporation tax under Chapter 8 of Part 6, for accounting periods falling wholly or partly in the period beginning on the 1st day of April, 1989, and ending on the 31st day of March, 1991, and, where an accounting period falls partly within that period, the aggregate shall include a part of the corporation tax so chargeable for the accounting period proportionate to the part of the accounting period falling within that period;

‘entity financial statements’ and ‘group financial statements’ have the same meaning as in section 274 of the Companies Act 2014;

“group advance corporation tax”, in relation to a relevant period, means the aggregate of the amounts of advance corporation tax in relation to the relevant period of companies which throughout the relevant period are members of the group;

“group base profit” means the aggregate of the amounts of base profit of companies which throughout the relevant period are members of the group;

“group base tax” means the aggregate of the amounts of base tax of companies which throughout the relevant period are members of the group, but where the amount of the group base tax is an amount which is –

(i)greater than 43 per cent, or

(ii)lower than 10 per cent,

of the group base profit, computed in accordance with this section but without regard to subparagraphs (IV) and (V) of paragraph (ii), or subparagraph (I) of paragraph (iii), of the definition of “accounting profit”, the group base tax shall be deemed to be an amount equal to 25 per cent of the group base profit as so computed;

“group profit”, in relation to a relevant period, means the aggregate of the amounts of profit of the relevant period of companies which throughout that period are members of the group;

“group tax liability”, in relation to a relevant period, means the aggregate of the amounts of tax liability of the relevant period of companies which through out that period are members of the group;

“levy payment” means the aggregate of the amounts charged in the year 1992 or in any later year under section 200 of the Finance Act, 1992, or section 142 of the Finance Act, 1995, and which have been paid, on or before the date by which the amounts are payable, by companies which are members of a group;

“profit”, in relation to a relevant period, means the aggregate of the accounting profit, computed on the same basis as that on which the base profit of the company is computed, of a company for accounting periods falling wholly or partly within the relevant period, and, where an accounting period falls partly within a relevant period, the aggregate shall include a part of the accounting profit of the accounting period proportionate to the part of the accounting period falling within that relevant period;

“relevant period”, in relation to a levy payment, means a period beginning on the 1st day of April preceding the date on or before which the levy payment is to be made and ending on the 31st day of March next after that date;

“tax liability”, in relation to a relevant period, means the aggregate of the corporation tax which apart from this section would be chargeable on a company, exclusive of the corporation tax on the part of the company’s profits attributable to chargeable gains and before the set-off of advance corporation tax under Chapter 8 of Part 6, for accounting periods falling wholly or partly within the relevant period and, where an accounting period falls partly within that period, the aggregate shall include a part of the corporation tax so chargeable for the accounting period proportionate to the part of the accounting period falling within that period.

(b)For the purposes of this section –

(i)2 companies shall be deemed to be members of a group if one company is a 75 per cent subsidiary of the other company or both companies are 75 per cent subsidiaries of a third company; but –

(I)in determining whether one company is a 75 per cent subsidiary of another company, the other company shall be treated as not being the owner of –

(A)any share capital which it owns directly in a company if a profit on a sale of the shares would be treated as a trading receipt of its trade, or

(B)any share capital which it owns indirectly, and which is owned directly by a company for which a profit on a sale of the shares would be a trading receipt,

and

(II)a company which is an assurance company within the meaning of section 706 shall not be a member of a group,

(ii)sections 412 to 418 shall apply for the purposes of this paragraph as they apply for the purposes of Chapter 5 of Part 12,

(iii)a company and all its 75 per cent subsidiaries shall form a group and, where that company is a member of a group as being itself a 75 per cent subsidiary, that group shall comprise all its 75 per cent subsidiaries and the first-mentioned group shall be deemed not to be a group; but a company which is not a member of a group shall be treated as if it were a member of a group which consists of that company, and accordingly references to group advance corporation tax, group base profit, group base tax, group profit and group tax liability shall be construed as if they were respectively references to advance corporation tax, base profit, base tax, profit and tax liability of that company,

(iv)the part of a company’s profits attributable to chargeable gains for an accounting period shall be taken to be the amount brought into the company’s profits for that period for the purposes of corporation tax in respect of chargeable gains before any deduction for charges on income, expenses of management or other amounts which can be deducted from or set against or treated as reducing profits of more than one description,

(v)the income or profit attributable to any trading operations or dividends shall be such amount of the income or profit as appears to the inspector or on appeal to the Appeal Commissioners to be just and reasonable, and

(vi)corporation tax chargeable in respect of any income shall be the corporation tax which would not have been chargeable but for that income.

(2)Where for a relevant period in relation to a levy payment the group tax liability exceeds the adjusted group base tax of that relevant period, all or part of the levy payment, not being greater than the excess of the group tax liability over the adjusted group base tax, may be set against the group tax liability of the relevant period in accordance with this section.

(3)

(a)In this subsection, “appropriate inspector” has the same meaning as in section 950.

(b)Where under subsection (2) an amount of levy payment may be set against the group tax liability of a relevant period, so much (in this paragraph referred to as “the apportionable part”) of the amount as bears to that amount the same proportion as the tax liability of the relevant period of a company which is a member of the group bears to the group tax liability of the relevant period shall be apportioned to the company, and the companies which are members of the group may, by giving notice in writing to the appropriate inspector within a period of 9 months after the end of the relevant period, elect to have the apportionable part apportioned in such manner as is specified in the notice.

(4)Where an amount is apportioned to a company under subsection (3), that amount shall be set against the tax liability of the relevant period of the company and, to the extent that an amount is so set off, it shall be treated for the purposes of the Corporation Tax Acts as if it were a payment of corporation tax made on the day on which that corporation tax is to be paid; but an amount or part of an amount which is to be treated as if it were a payment of corporation tax may not be repaid to a company by virtue of a claim to relief under the Corporation Tax Acts or for any other reason.

(5)Where under subsection (4) an amount is to be set against the tax liability of a relevant period of a company and the tax liability of the relevant period consists of the aggregate of corporation tax chargeable for more accounting periods than one, the amount shall be set against the corporation tax of each of those accounting periods in the proportion which the corporation tax of the accounting period or the part of the accounting period, as the case may be, and which is included in the tax liability of the relevant period bears to the tax liability of the relevant period.

(6)Where –

(a)the end of an accounting period (in this subsection referred to as “the first-mentioned accounting period”) of a company which is a member of a group does not coincide with the end of the relevant period,

(b)the tax liability of –

(i)one or more accounting periods of the company ending after the end of the first-mentioned accounting period, or

(ii)one or more accounting periods of any other member of the group ending after the end of the first-mentioned accounting period,

is to be taken into account in determining the amount of the levy payment which may be set off under this section against the corporation tax of –

(I)the first-mentioned accounting period, or one or more accounting periods ending before the end of that period, of the company, or

(II)one or more accounting periods of any other member of the group ending on or before the end of the first-mentioned accounting period,

and

(c)on the specified return date (within the meaning of section 950) it is not possible –

(i)for the first-mentioned accounting period, or any other accounting period ending before the end of that period, of the company, or

(ii)for one or more accounting periods of any other member of the group ending on or before the end of the first-mentioned accounting period,

to determine the amount of the levy payment which may be so set off,

then, the amount of levy payment which may be set off under this section against the corporation tax of an accounting period shall be taken to be the amount which would have been so set off if a period of 12 months ending on the last day of the most recent accounting period of the parent company (being a member of the group which is not a subsidiary of any other member of the group) which ends in the relevant period were the relevant period; but, where a part only of that period of 12 months falls after the 31st day of March, 1992, the amount to be set off under this subsection shall be reduced to an amount proportionate to the part of that period of 12 months falling after that day.

(7)

(a)A company shall deliver, as soon as they become available, such particulars as are required to determine the amount of levy payment which apart from subsection (6) is to be set off against the corporation tax of an accounting period.

(b)Where an amount of levy payment has been set off against corporation tax of an accounting period under subsection (6) and the company delivers such particulars as are required to be delivered in accordance with paragraph (a), the inspector shall adjust any computation or assessment by reference to the difference between these amounts and any amount of corporation tax overpaid shall be repaid and any amount of corporation tax underpaid shall be paid.

(8)

(a)An amount of tax to be repaid under subsection (7) shall be repaid with interest in all respects as if it were a repayment of preliminary tax under section 953(7).

(b)Interest shall not be charged under section 1080 on any amount of tax underpaid under this subsection unless the amount is not paid within one month of the date on which the amount of the underpayment is notified to the chargeable person by the inspector, and the amount of tax so unpaid shall not be treated as part of the tax payable for the chargeable period for the purposes of section 958(4)(b).

Various Credits

TAXES CONSOLIDATION ACT

Chapter 1 Income tax (ss. 12-20)

The charge to income tax.

Extension of charge to income tax to profits and income derived from activities carried on and employments exercised on the Continental Shelf.

Fractions of a pound and yearly assessments.

Rate of charge.

PART 1

PART 2

PART 3

Income tax charged by deduction.

Schedule C.

Schedule D.

Case I

Case II

Case III

Case IV

Schedule E.

Schedule F.

Personal allowances and reliefs (ss. 458-480C)

Deductions allowed in ascertaining taxable income and provisions relating to reductions in tax.

General provisions relating to allowances, deductions and reliefs.

Rate of tax at which repayments are to be made.

Basic personal tax credit.

One-parent family tax credit.

Single person child carer credit.

Widowed parent tax credit.

Age tax credit.

Incapacitated child tax credit.

Dependent relative tax credit.

Home carer tax credit.

Employed person taking care of incapacitated individual.

Blind person’s tax credit.

Relief for health expenses.

Relief for insurance against expenses of illness.

Age-related relief for health insurance premiums.

Relief for contributions to permanent health benefit schemes.

Employee allowance.

Relief for long-term unemployed starting a business.

Earned income tax credit.

Seafarer allowance, etc.

Fisher tax credit.

Relief for key employees engaged in research and development activities.

Rent tax credit.

Mortgage interest tax relief.

Relief for fees paid for training courses.

Relief for service charges.

Home renovation incentive.

Help to Buy.

Relief for payments made by certain persons in respect of alarm systems.

Stay and spend tax credit.

Relief for new shares purchased on issue by employees.

Relief for certain sums chargeable under Schedule E.

Residential premises rental income relief

Chapter 2 Income tax and corporation tax: reliefs applicable to both (ss. 481-485B)

Relief for investment in films.

Relief for investment in digital games.

Relief for expenditure on significant buildings and gardens.

Relief for certain gifts.

Business Resumption Support Scheme.

Limitation on amount of certain reliefs used by certain high income individuals (ss. 485C-485G)

Interpretation (Chapter 2A).

Application (Chapter 2A).

Recalculation of taxable income for purposes of limiting reliefs.

Carry forward of excess relief.

Adaptation of provisions relating to taxation of married persons.

Requirement to provide estimates and information.

Miscellaneous (Chapter 2A).

Corporation tax: relief for gifts to First Step.

Corporate donations to eligible charities.

Relief from tax for certain start-up companies.

Corporation tax: credit for bank levy.

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