Finance (Covid-19 and Miscellaneous Provisions) Act 2021

JurisdictionIreland


Number 23 of 2021


FINANCE (COVID-19 AND MISCELLANEOUS PROVISIONS) ACT 2021


CONTENTS

Section

1. Definitions

2. Amendment of section 28B of Act of 2020

3. Amendment of section 484 of Act of 1997

4. Amendment of section 485 of Act of 1997

5. Business Resumption Support Scheme

6. Amendment of section 46 of Act of 2010

7. Covid-19: special warehousing and interest (relevant tax due under section 28B(11))

8. Amendment of section 28C of Act of 2020

9. Amendment of section 991B of Act of 1997

10. Amendment of section 1080B of Act of 1997

11. Amendment of section 114B of Act of 2010

12. Amendment of section 17C of Social Welfare Consolidation Act 2005

13. Amendment of Act of 1999

14. Further amendment of Act of 1999

15. Repayment of stamp duty where certain residential units leased

16. Short title


Acts Referred to

Child Care Act 1991 (No. 17)

Emergency Measures in the Public Interest (Covid-19) Act 2020 (No. 2)

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

Housing (Miscellaneous Provisions) Act 2009 (No. 22)

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)


Number 23 of 2021


FINANCE (COVID-19 AND MISCELLANEOUS PROVISIONS) ACT 2021


An Act to provide for the imposition, repeal, remission, alteration and regulation of taxation and of stamp duties; to otherwise make further provision in connection with finance; to make provision for supports to employers and certain businesses; for that purpose to amend Part 7 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 and other enactments; and to provide for related matters.

[19th July, 2021]

Be it enacted by the Oireachtas as follows:

Definitions

1. In this Act—

“Act of 1997” means the Taxes Consolidation Act 1997 ;

“Act of 1999” means the Stamp Duties Consolidation Act 1999 ;

“Act of 2010” means the Value-Added Tax Consolidation Act 2010 ;

“Act of 2020” means the Emergency Measures in the Public Interest (Covid-19) Act 2020 .

Amendment of section 28B of Act of 2020

2. (1) Section 28B of the Act of 2020 is amended—

(a) in subsection (1), by the substitution of the following definition for the definition of “qualifying period”:

“‘qualifying period’ means the period commencing on 1 July 2020 and expiring on 31 December 2021 or on such later day than 31 December 2021 as the Minister may specify in an order made by him or her under subsection (21)(a);”,

(b) in subsection (2A)—

(i) by the substitution of “the period from 1 January 2021 to 30 June 2021 (in this subsection referred to as ‘the second specified period’)” for “the period from 1 January 2021 to the date on which the qualifying period expires”, and

(ii) in paragraph (a)(i)(I), by the substitution of “in the second specified period” for “in the period from 1 January 2021 to 30 June 2021 (in this subsection referred to as ‘the second specified period’)”,

(c) by the insertion of the following subsection after subsection (2A):

“(2B) Subject to subsections (4) and (5), this section shall apply to an employer for the period from 1 July 2021 to the date on which the qualifying period expires where—

(a) (i) in accordance with guidelines published by the Revenue Commissioners under subsection (20)(a), the employer demonstrates to the satisfaction of the Revenue Commissioners that, by reason of Covid-19 and the disruption that is being caused thereby to commerce—

(I) there will occur in the period from 1 January 2021 to 31 December 2021 (in this subsection referred to as ‘the third specified period’) at least a 30 per cent reduction, or such other percentage reduction as the Minister may specify in an order made by him or her under subsection (21)(b), in either the turnover of the employer’s business or in the customer orders being received by the employer by reference to the period from 1 January 2019 to 31 December 2019 (in this subsection referred to as ‘the third corresponding period’),

(II) in the case where the business of the employer has not operated for the whole of the third corresponding period but the commencement of that business’s operation occurred no later than 1 November 2019, there will occur in the part of the third specified period, which corresponds to the part of the third corresponding period in which the business has operated, at least a 30 per cent reduction, or such other percentage reduction as the Minister may specify in an order made by him or her under subsection (21)(b), in either the turnover of the employer’s business or in the customer orders being received by the employer by reference to that part of the third corresponding period, or

(III) in the case where the commencement of the operation of the employer’s business occurred after 1 November 2019, the nature of the business is such that the turnover of the employer’s business or the customer orders being received by the employer in the third specified period will be at least—

(A) 30 per cent, or

(B) such other percentage as the Minister may specify in an order made by him or her under subsection (21)(b),

less than what that turnover or those customer orders, as the case may be, would otherwise have been had there been no disruption caused to the business by reason of Covid-19,

or

(ii) the employer’s name is entered in the register established and maintained under section 58C of the Child Care Act 1991 ,

and

(b) the employer satisfies the conditions specified in subsection (3).”,

(d) in subsection (3), by the substitution of “subsection (2)(b), (2A)(b) or (2B)(b)” for “subsection (2)(b) or (2A)(b)”,

(e) in subsection (5)—

(i) by the substitution of “by virtue of subsection (2) (apart from paragraph (a)(ii) thereof), (2A) (apart from paragraph (a)(ii) thereof) or (2B) (apart from paragraph (a)(ii) thereof)” for “by virtue of subsection (2) (apart from paragraph (a)(ii) thereof) or (2A) (apart from paragraph (a)(ii) thereof)”, and

(ii) in paragraph (b), by the substitution of “subsection (2)(a)(i), (2A)(a)(i) or (2B)(a)(i)” for “subsection (2)(a)(i) or (2A)(a)(i)”,

(f) in subsection (8), by the substitution of “30 September 2021” for “31 January 2021” in both places where it occurs,

(g) in subsection (17), by the substitution of “subsection (2), (2A) or (2B)” for “subsection (2) or (2A)” in both places where it occurs,

(h) in subsection (20)(a), by the substitution of “subsection (2), (2A) or (2B)” for “subsection (2) or (2A)”, and

(i) in subsection (21)—

(i) in paragraph (a)—

(I) by the substitution of “31 December 2021” for “31 March 2021”, and

(II) by the substitution of “30 June 2022” for “30 June 2021”,

and

(ii) in paragraph (b), by the substitution of “subsection (2)(a)(i), (2A)(a)(i) or (2B)(a)(i)” for “subsection (2)(a)(i) or (2A)(a)(i)”.

(2) Subsection (1) shall be deemed to have come into operation on 1 April 2021.

Amendment of section 484 of Act of 1997

3. (1) Section 484 of the Act of 1997 is amended in subsection (2)(a)(ii) by the substitution of “30 September 2021” for “31 March 2021”.

(2) Subsection (1) shall be deemed to have come into operation on 1 April 2021.

Amendment of section 485 of Act of 1997

4. (1) Section 485 of the Act of 1997 is amended—

(a) in subsection (1)—

(i) in paragraph (d) of the definition of “Covid restrictions period end date”, by the substitution of “the date on which the specified period shall expire” for “31 March 2021”, and

(ii) in the definition of “specified period”, by the substitution of “30 September 2021” for “31 March 2021”,

(b) in subsection (2)(b)(iv), by the substitution of “the date on which the specified period shall expire” for “31 March 2021”,

(c) in subsection (3)(b), by the substitution of “30 September 2021” for “31 March 2021”,

(d) in subsection (7)—

(i) in paragraph (a)(i)(I), by the insertion of “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,” after “10 per cent”,

(ii) in paragraph (a)(i)(II), by the insertion of “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,” after “5 per cent”,

(iii) in paragraph (a)(ii)(I), by the insertion of “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,” after “10 per cent”,

(iv) in paragraph (a)(ii)(II), by the insertion of “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,” after “5 per cent”, and

(v) in paragraph (b), by the insertion of “or, where the claim relates to a period specified in subsection (8)(b)(ii)(II), €10,000 per week” after “€5,000 per week”,

and

(e) in subsection (8), by the substitution of the following paragraph for 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 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 elect to treat a period specified in any of clauses (I) to (III) of subparagraph (ii) as a Covid restrictions...

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