Finance Act 2016

JurisdictionIreland


Number 18 of 2016


FINANCE ACT 2016


CONTENTS

PART 1

Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax

Chapter 1

Interpretation

Section

1. Interpretation (Part 1)

Chapter 2

Universal Social Charge

2. Amendment of section 531AN of Principal Act (rate of charge)

Chapter 3

Income Tax

3. Exemption in respect of certain expense payments for resident relevant directors

4. Amendment of section 472AB of Principal Act (earned income tax credit)

5. Amendment of section 466A of Principal Act (home carer tax credit)

6. Fisher tax credit

7. Amendment of section 480A of Principal Act (relief on retirement for certain income of certain sportspersons)

8. Amendment of section 477B of Principal Act (home renovation incentive)

9. Help to Buy

10. Amendment of section 825C of Principal Act (special assignee relief programme)

11. Amendment of section 823A of Principal Act (deduction for income earned in certain foreign states)

12. Amendment of section 472AA of Principal Act (relief for long-term unemployed starting a business)

13. Amendment of section 216A of Principal Act (rent-a-room relief)

14. Retirement benefits

Chapter 4

Income Tax, Corporation Tax and Capital Gains Tax

15. Living City Initiative

16. Amendment of section 97 of Principal Act (computational rules and allowable deductions)

17. Amendment of section 285A of Principal Act (acceleration of wear and tear allowances for certain energy-efficient equipment)

18. Amendment of section 657 of Principal Act (averaging of farm profits)

19. Amendment of section 288 of Principal Act (balancing allowances and balancing charges)

20. Employment and investment incentive and seed capital scheme

21. Amendment of Part 8 of Principal Act (annual payments, charges and interest)

22. Amendment of section 110 of Principal Act (securitisation)

23. Amendment of Part 27 of Principal Act (unit trusts and offshore funds)

Chapter 5

Corporation Tax

24. Amendment of section 891H of Principal Act (country-by-country reporting)

25. Amendment of Part 38 of Principal Act (returns of income and gains, other obligations and returns, and Revenue powers)

Chapter 6

Capital Gains Tax

26. Amendment of section 597AA of Principal Act (revised entrepreneur relief)

27. Non-resident trusts

28. Amendment of section 598 of Principal Act (disposals of business or farm on “retirement”)

29. Amendment of section 604B of Principal Act (relief for farm restructuring)

30. Amendment of section 613 of Principal Act (miscellaneous exemptions for certain kinds of property)

PART 2

Excise

31. Amendment of Chapter 1 of Part 2 of Finance Act 2001 (interpretation, liability and payment)

32. Amendment of Chapter 2A of Part 2 of Finance Act 2001 (intra-European Union movement under a suspension arrangement)

33. Amendment of section 122 of Finance Act 2001 (offences in relation to false returns, claims, etc.)

34. Amendment of Chapter 5 of Part 2 of Finance Act 2001 (miscellaneous)

35. Amendment of Chapter 4 of Part 2 of Finance Act 2001 (powers of officers)

36. Rates of tobacco products tax

37. Amendment of section 78A of Finance Act 2003 (relief for small breweries)

38. Amendment of Chapter 1 of Part 2 of Finance Act 1999 (mineral oil tax)

39. Amendment of section 97 of Finance Act 2001 (excisable products (Part 2))

40. Amendment of section 67 of Finance Act 2010 (charging and rates of natural gas carbon tax)

41. Amendment of Chapter 2 of Part 3 of Finance Act 2010 (natural gas carbon tax)

42. Amendment of Chapter 3 of Part 3 of Finance Act 2010 (solid fuel carbon tax)

43. Amendment of section 100 of Finance Act 1999 (mineral oil tax)

44. Amendment of section 135C of Finance Act 1992 (remission or repayment in respect of vehicle registration tax, etc.)

PART 3

Value-Added Tax

45. Interpretation (Part 3)

46. Amendment of section 61 of Principal Act (apportionment for dual-use inputs)

47. Flat-rate scheme for farmers

PART 4

Stamp Duties

48. Interpretation (Part 4)

49. National Concert Hall

50. Amendment of section 126AA of Principal Act (further levy on certain financial institutions)

PART 5

Capital Acquisitions Tax

51. Interpretation (Part 5)

52. Amendment of section 86 of Principal Act (exemption relating to certain dwellings)

53. Amendment of Schedule 2 to Principal Act (computation of tax)

PART 6

Miscellaneous

54. Interpretation (Part 6)

55. Tax treatment of married persons and civil partners

56. Penalties for deliberately or carelessly making incorrect returns, etc.

57. Amendment of section 1086 of Principal Act (publication of names of tax defaulters)

58. Care and management of taxes and duties

59. Short title, construction and commencement


Acts Referred to

Capital Acquisitions Tax Consolidation Act 2003 (No. 1)

Civil Service Regulation Act 1956 (No. 46)

Energy (Miscellaneous Provisions) Act 1995 (No. 35)

Finance (Local Property Tax) Act 2012 (No. 52)

Finance Act 1992 (No. 9)

Finance Act 1999 (No. 2)

Finance Act 2001 (No. 7)

Finance Act 2003 (No. 3)

Finance Act 2005 (No. 5)

Finance Act 2010 (No. 5)

Finance Act 2014 (No. 37)

Finance Act 2015 (No. 52)

Housing (Miscellaneous Provisions) Act 1992 (No. 18)

Housing Act 1966 (No. 21)

Medical Practitioners Act 2007 (No. 25)

National Cultural Institutions (National Concert Hall) Act 2015 (No. 44)

Official Secrets Act 1963 (No. 1)

Pensions Act 1990 (No. 25)

Planning and Development Acts 2000 to 2015

Social Welfare Consolidation Act 2005 (No. 26)

Stamp Duties Consolidation Act 1999 (No. 31)

Statute of Limitations 1957 (No. 6)

Taxes Consolidation Act 1997 (No. 39)

Value-Added Tax Consolidation Act 2010 (No. 31)

Wildlife Act 1976 (No. 39)


Number 18 of 2016


FINANCE ACT 2016


An Act to provide for the imposition, repeal, remission, alteration and regulation of taxation, of stamp duties and of duties relating to excise and otherwise to make further provision in connection with finance including the regulation of customs.

[25 th December, 2016]

Be it enacted by the Oireachtas as follows:

PART 1

Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax

Chapter 1

Interpretation

Interpretation (Part 1)

1. In this Part “Principal Act” means the Taxes Consolidation Act 1997 .

Chapter 2

Universal Social Charge

Amendment of section 531AN of Principal Act (rate of charge)

2. (1) Section 531AN of the Principal Act is amended—

(a) in subsection (3) —

(i) by substituting “€18,772” for “€18,668”, and

(ii) by substituting “2.5 per cent” for “3 per cent”,

(b) in subsection (3A)(a) by substituting “2.5 per cent” for “3 per cent”,

(c) in subsection (5) by substituting “increased by the greater of” for “increased by”,

(d) in subsection (6) by substituting “increased by the greater of” for “increased by”, and

(e) by substituting the following Table for the Table to that section:

“TABLE

PART 1

Part of aggregate income

Rate of universal social charge

(1)

(2)

The first €12,012

0.5 per cent

The next €6,760

2.5 per cent

The next €51,272

5 per cent

The remainder

8 per cent

PART 2

Part of aggregate income

Rate of universal social charge

(1)

(2)

The first €12,012

0.5 per cent

The remainder

2.5 per cent

”.

(2) Subsection (1) applies for the year of assessment 2017 and each subsequent year of assessment.

Chapter 3

Income Tax

Exemption in respect of certain expense payments for resident relevant directors

3. The Principal Act is amended by inserting the following section after section 195C:

“Exemption in respect of certain expense payments for resident relevant directors

195D. (1) In this section—

‘civil servant’ has the meaning assigned to it by the Civil Service Regulation Act 1956 ;

‘company’ has the same meaning as it has in section 4;

‘director’ has the same meaning as it has in section 770;

‘relevant director’, in relation to a company, means a person holding office as a non-executive director of that company

(a) who is resident in the State, and

(b) whose annualised amount of the emoluments from the office for the year of assessment 2017 and for each subsequent year in which the person is a relevant director of the company, other than payments to which this section applies, does not exceed €5,000;

‘relevant meeting’ means a meeting in the State attended by a relevant director in his or her capacity as a director for the purposes of the conduct of the affairs of the company;

‘travel’ means travel by car, motorcycle, taxi, bus, rail or aircraft.

(2) This section applies to payments made by a company to or on behalf of a relevant director of that company in respect of expenses of travel and subsistence incurred by the relevant director, on and from 1 January 2017, solely for the purpose of the attendance by him or her at a relevant meeting.

(3) So much of a payment to which this section applies, as does not exceed the upper of any relevant rate or rates laid down from time to time by the Minister for Public Expenditure and Reform in relation to the payment of expenses of travel and subsistence of a civil servant, shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.”.

Amendment of section 472AB of Principal Act (earned income tax credit)

4. (1) Section 472AB of the Principal Act is amended in subsection (2) —

(a) in paragraph (a), by substituting “€950” for “€550”, and

(b) in paragraph (b), by substituting “€950” for “€550”.

(2) Subsection (1) applies for the year of assessment 2017 and each subsequent year of assessment.

Amendment of section 466A of...

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