No. 20/1930:

FINANCE ACT, 1930

ARRANGEMENT OF SECTIONS

PART I INCOME TAX

1 Income tax and sur-tax for the year 1930-31.

2 Relief in respect of certain losses.

3 Liability of Electricity Supply Board for Income Tax.

4 Adjustment of assessment for year 1930-31 in certain cases.

5 Continuance by new collector of pending proceedings.

PART II CUSTOMS AND EXCISE

6 Additional duties on wine.

7 Continuance of new import duties.

8 Continuance of additional duties on dried fruit.

9 Exemption from duty on furniture.

10 Exemption from duty of certain mechanically propelled vehicles.

11 Rebate of duty on certain mechanically propelled vehicles.

12 Amendment of Hawkers Act, 1888.

13 Duty on moneylenders' licences.

14 Duty on game-dealers' licences.

PART III MISCELLANEOUS AND GENERAL

15 Stamp duty on instruments made under State Lands (Work-houses) Act, 1930.

16 Exemption from stamp duty on certain charging orders.

17 Investment of State moneys.

18 Redemption of Compensation Stock.

19 Post Office Savings Bank Fund.

20 Discharge of death duties by transfer of certain securities.

21 Care and management of taxes.

22 Short title, construction and commencement.

AN ACT TO CHARGE AND IMPOSE CERTAIN DUTIES OF CUSTOMS AND INLAND REVENUE, INCLUDING EXCISE, TO AMEND THE LAW RELATING TO CUSTOMS AND INLAND REVENUE, INCLUDING EXCISE, AND TO MAKE FURTHER PROVISIONS IN CONNECTION WITH FINANCE.

[8th July, 1930.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I INCOME TAX

1.—(1) Income tax shall be charged for the year beginning on the 6th day of April, 1930, at the rate of three shillings in the pound.

(2) Sur-tax shall be charged for the year beginning on the 6th day of April, 1930, at the same rates as those at which it was charged for the year beginning on the 6th day of April, 1929.

(3) The several statutory and other provisions which were in force during the year beginning on the 6th day of April, 1929, in relation to income tax and sur-tax shall, subject to the provisions of Part II of the Finance Act, 1929 (No. 32 of 1929) and of this Act, have effect in relation to the income tax and sur-tax to be charged as aforesaid for the year beginning on the 6th day of April, 1930.

2.—(1) Where any person has in any trade, profession, or vocation carried on by him either solely or in partnership sustained a loss for the year ending on the 5th day of April, 1928, or the year ending on the 5th day of April, 1929, he may claim the following deductions:—

( a ) from any assessment made upon him for the year ending on the 5th day of April, 1931, in respect of profits from the same trade, profession, or vocation, one-third of the vet loss (if any) sustained in the two years ending on the 5th day of April, 1929;

( b ) from any assessment made upon him for the year ending on the 5th day of April, 1932, in respect of profits from the same trade, profession, or vocation, one-third of the loss (if any) sustained in the year ending on the 5th day of April, 1929.

(2) For the purposes of the foregoing sub-section the loss sustained by a person entitled to claim any deduction under the said sub-section shall be computed in accordance with the Rules applicable to Cases I and II of Schedule D of the Income Tax Act, 1918, and no deduction shall be allowed for any part of a loss in respect of which relief has been allowed under section 34 of the said Act or under any other provision of the Income Tax Acts.

3.—(1) In order to remove doubts it is hereby declared and enacted that for the purpose of determining liability for assessment to and payment of income tax, the Electricity Supply Board is not and never was the State or a branch or department of the Government of the State.

(2) The annual value with reference to which tax is to be charged under Schedules A and B of the Income Tax Act 1918 in respect of any tenement or hereditament in the exclusive possession or control or the occupation of the Electricity Supply Board and for the time being exempt from assessment to poor rate shall be ascertained according to the surveys and valuations made under the Valuation Acts.

4.—(1) If any person, who was assessed and charged to tax for the year ending on the 5th day of April, 1930, in respect of income arising or accruing from securities outside Saorstát Eireann or from stocks, shares or rents in Great Britain or Northern Ireland, proves to the satisfaction of the Revenue Commissioners in the manner provided by this section that the aggregate amount of the income so assessed was greater by more than twenty per cent than the aggregate amount of the income actually arising or accruing to him for the year ending on the 5th day of April, 1931, from securities outside Saorstát Eireann and from stocks, shares or rents in Great Britain or Northern Ireland, he shall be entitled, on making, application in the manner hereinafter provided, to have the assessment made upon him for the year ending on the 5th day of April, 1931, under the Rules (other than Rules 3 and 4) applicable to Case III of Schedule D of the Income Tax Act 1918, adjusted to a sum to be computed on:—

( a ) the aggregate amount of his income actually arising or accruing in the year ending on the 5th day of April, 1931, from securities outside Saorstát Eireann and from stocks, shares or rents in Great Britain or Northern Ireland; and

( b ) the amount of all his other income assessable under the Rules (other than Rules 3 and 4) applicable to Case III of Schedule D of the Income Tax Act, 1918, actually arising or accruing for the year ending on the 5th day of April, 1930, or the year ending on the 5th day of April, 1931, whichever is the greater.

(2) A person who makes application under this section for adjustment of an assessment shall be entitled to repayment of such part of the tax paid by him as is equal to the difference between the amount of tax so paid and the amount which would have been payable if the assessment had in the first instance been computed under the foregoing sub-section.

(3) Every application under this section shall be made on or before the 30th day of September, 1931, and shall be made in writing to the inspector of taxes, and the Revenue Commissioners shall be entitled to call for such evidence as they may deem necessary to enable them to give their decision on such application.

(4) Any person who makes an application under this section and is dissatisfied with the decision of the Revenue Commissioners thereon shall be entitled, on giving notice in writing to the inspector of taxes within twenty-one days after the notification of such decision to him, to require that his application be referred to the Special Commissioners.

(5) The determination of the Special Commissioners on an application referred to them under the foregoing sub-section shall be final and conclusive.

5.—(1) Where a collector duly appointed to collect any income tax has instituted under section 11 of the Finance Act, 1924 (No. 27 of 1924), or continued under this section any proceedings brought under sub-section (1) or sub-section (2) of the said section 11 for the recovery of such tax and, while such proceedings are pending, such collector ceases for any reason to be the collector so appointed to collect such tax, the right of such collector to continue such proceedings shall forthwith terminate and the collector duly appointed to collect such tax in succession to the collector so ceasing shall, if he so desires, be entitled to become and be a party to such proceedings in the place of the collector so ceasing and be entitled to continue such proceedings accordingly.

(2) In this section the word "collector" includes an officer of the Revenue Commissioners duly authorised to collect income tax.

PART II CUSTOMS AND EXCISE

6.—(1) In lieu of the present customs duties in respect of wine, there shall (subject to the provisions of this Act) be charged, levied, and paid as on and from the 2nd day of June, 1930, the following customs duties on all wine imported into Saorstát Eireann, that is to say:—

(2) The provisions of section 8 of the Finance Act, 1919, shall apply to the duties imposed by this section with the substitution of the expression "Saorstát Eireann" for the expression "Great Britain and Ireland."

(3) For the purposes of this section wine rendered sparkling or effervescent and bottled in a bonded warehouse shall be deemed to be sparkling wine imported in bottle, and upon delivery for home consumption shall be charged with the duty imposed on sparkling wine by this section.

(4) In this section the word "wine" includes the lees of wine.

7.—(1) The new import duties which were first imposed by section 12 of the Finance (No. 2) Act, 1915, and were (with the exception of the duty on records and other means of reproducing music, the duty on blank film on which no picture has been impressed and the duty on motor cars (including motor bicycles and motor tricycles) and accessories and component parts thereof other than tyres) continued up to the 1st day of May, 1930, by section 21 of the Finance Act, 1929 (No. 32 of 1929), shall, with the exceptions aforesaid, continue to be charged, levied, and paid on and from the said 1st day of May, 1930, up to the 1st day of May, 1931.

(2) Whenever the Revenue Commissioners are satisfied that any cinematograph film imported into Saorstát Eireann is of an educational character they shall, subject to compliance with such conditions as they think fit to impose, exempt such film from the payment of the duty on cinematograph films included in the duties continued by this section.

(3) The provisions of section 8 of the Finance Act, 1919, shall apply to the duties continued by this section with the substitution of the expression "Saorstát Eireann" for the "expression Great Britain and Ireland."

8.—(1) The additional duties on dried fruits which were first imposed by section 8 of the Finance (No. 2) Act, 1915, and were continued up to the 1st day of August, 1930, by section 22 of the Finance Act, 1929 (No. 32 of 1929), shall continue to be charged, levied, and paid on and from the said 1st day of August, 1930, up to the 1st day of August, 1931.

(2) The provisions of section 8 of the Finance Act, 1919, shall apply to the duties continued by this section with the substitution of the expression "Saorstát Eireann" for the expression Great Britain and Ireland."

9.—Where the Revenue Commissioners are satisfied, in respect of any article of furniture (other than a bedstead) or any component part of any article of furniture (other than a bedstead) which but for this section would be chargeable with the duty imposed by section 18 of the Finance Act, 1925 (No. 28 of 1925), that the quantity of wood contained in such article or component part forms only an inconsiderable portion of the whole of such article or component part, the Revenue Commissioners may, subject to compliance with such conditions as they think fit to impose, permit such article or component part to be imported without, payment of the said duty or repay any such duty paid on importation.

10.—No duty shall be payable under section 13 of the Finance Act, 1920, as amended by the Finance Act, 1926 (No. 35 of 1926), in respect of a mechanically propelled vehicle which is used solely for the transport (whether by carriage or traction) of lifeboats and their gear.

11.—(1) If any person proves to the satisfaction of the Minister for Local Government and Public Health that he has paid in respect of the whole or any part of the year commencing on the 1st day of January, 1931, or any subsequent year duty under section 13 of the Finance Act, 1920, as amended by the Finance Act, 1926 (No. 35 of 1926) in respect of a mechanically propelled vehicle to which this section applies he shall be entitled to repayment of twenty-five per cent of the duty so paid.

(2) This section applies to every mechanically propelled vehicle—

( a ) which is a mechanically propelled vehicle to which paragraph 6 of the Third Schedule to the Finance Act, 1926 (No. 35 of 1926), applies but is not a hackney carriage within the meaning of section 4 of the Customs and Inland Revenue Act, 1888, and

( b ) the engine of which was constructed before the 1st day of January, 1926, and

( c ) which was registered in Saorstát Eireann on the 30th day of April, 1930.

12.—(1) So much of section 2 of the Hawkers Act, 1888, as defines the meaning of the word "hawker" in that Act is hereby repealed and in lieu thereof it is hereby enacted that the word "hawker" wherever it occurs in the said Act shall be construed as meaning and including the following persons and the said Act shall have effect accordingly, that is to say:—

( a ) any person who travels either with a horse or other beast bearing or drawing burden or with a mechanically propelled vehicle and goes from place to place or to other men's houses carrying to sell or barter or exposing for sale or barter any goods, wares, or merchandise, or exposing samples or patterns of any goods, wares, or merchandise to be afterwards delivered, and

( b ) any person who travels either with a horse or other beast bearing or drawing burden or with a mechanically propelled vehicle carrying with him any goods, wares, or merchandise (other than goods, wares, or merchandise carried for delivery to a purchaser in pursuance of a previous order) and sells or barters, or exposes for sale or barter any of such goods, wares, or merchandise at any other person's house, and

( c ) any person who travels by any means of locomotion to any place in which he does not usually reside or carry on business and there sells or barters or exposes for sale or barter any goods, wares, or merchandise either in or from any vehicle or in or at any house, shop, room, booth, stall, or other place whatever hired or used by him for that purpose.

(2) Notwithstanding anything contained in the Hawkers Act, 1888, the duty to be paid on an excise licence issued under section 3 of the said Act to a person who is a hawker by virtue of paragraph (a) or paragraph (b) of sub-section (1) of this section and travels with a mechanically propelled vehicle or a person who is a hawker by virtue of paragraph (c) of the said sub-section shall be ten pounds, and no such person shall be deemed to be duly licensed under the said Act by reason only of his having, taken out a licence under the said Act on which a less duty than ten pounds was paid.

(3) Sub-section (3) of section 3 of the Hawkers Act, 1888, is hereby repealed and in lieu thereof it is hereby enacted that it shall not be necessary for a licence to be taken out under the said Act by any of the following persons, that is to say:—

( a ) by any person selling or seeking orders for goods, wares, or merchandise to or from persons who are dealers therein and who buy to sell again;

( b ) by the real worker or maker of any goods, wares, or merchandise, and his children, apprentices and servants residing in the same house with him selling or seeking orders only for goods, wares, or merchandise made by such real worker or maker;

( c ) by any person selling only farm produce (whether animal or vegetable) grown, raised, or produced on land occupied by such person or by the employer or master of such person or by, the wife, husband, parent, child, or other relative of such person;

( d ) by any person selling meat, fish, fruit, vegetables, bread, milk, coal, peat, or firewood and no other goods.

(4) Where a person commits an offence under sub-section (1) of section 6 of the Hawker, Act, 1888, and the act constituting the offence is of such character that the proper licence within the meaning of that sub-section is a licence in respect of which the excise duty is ten pounds such person shall incur a fine of fifty pounds over and above any other penalty (other than the fine of ten pounds mentioned in the said sub-section) to which he may be liable.

(5) This section shall come into operation on the 1st day of August, 1930.

13.—(1) There shall be charged, levied, and paid for and upon every licence (in this section referred to as a moneylender's licence) to act and carry on business as a moneylender issued under any Act passed or to be passed during the financial year beginning on the 1st day of April, 1930, an excise duty at the following rates, that is to say:—

( a ) on a moneylender's licence expiring on the 31st day of July, 1931—ten pounds;

( b ) on a moneylender's licence expiring on the 31st day of July in any year, other than the year 1931, and taken out within six months before such expiry—ten pounds;

( c ) on any other moneylender's licence—fifteen pounds.

(2) Where it is proved to the satisfaction of the Revenue Commissioners that there is in force an excise licence to carry on the business of a pawnbroker at any premises in respect of which one or more moneylender's licences is or are taken out by the individual or individuals carrying on such business the Revenue Commissioners shall—

( a ) where only one such moneylender's licence is so taken out remit or, if the duty has been paid, repay one-half of the duty on such licence, and

( b ) where two or more such moneylender's licences are so taken out, remit or if the duty has been paid, repay one-half of the duty on such one of such licences as is first taken out.

14.—(1) There shall be charged, levied. and paid on the occasions hereinafter mentioned on and by every person who, under any Act passed or to be passed during the financial year beginning on the 1st day of April, 1930, takes out or renews a licence for the sale of game an excise duty of three pounds in respect of every licence so taken out or renewed.

(2) The duty imposed by this section in respect of any such licence as aforesaid shall be charged, levied, and paid at the time of taking out such licence and also on every renewal of such licence and shall be paid and collected by means of stamps denoting the amount of such duty impressed on such licences and renewals, and the Stamp Duties Management Act, 1891, shall apply to such duty and stamps.

(3) Section 58 of the Local Government (Ireland) Act, 1898, and the Third Schedule to that Act shall be construed and have effect as if the duty imposed by this section were added to and included in the duties mentioned in the Third Schedule to the said Act.

(4) Neither a licence for the sale of game which is liable to the duty imposed to the section nor any renewal of such licence shall be issued unless and until such licence or renewal has been duly stamped under this section in respect of such duty.

PART III MISCELLANEOUS AND GENERAL

15.—(1) An instrument made under the State Lands (Workhouses) Act, 1930 (No. 9 of 1930) and sealed with the official zeal of the Minister for Local Government and Public Health or of a local authority within the meaning of the said Act shall not, by reason only of such seal being affixed thereto, be rendered liable to any higher stamp duty than if it were an instrument under hand only.

(2) This section shall be deemed to have come into force on and shall have effect as on and from the 15th day of April, 1930.

16.—(1) A charging order made by the Commissioners of Public Works in Ireland under section 9 of the Housing (Gaeltacht) Act, 1929 (No. 41 of 1929), shall be exempt from any stamp duty chargeable under the Stamp Act, 1891, or any Act amending the same.

(2) This section shall be deemed to have come into force on and shall have effect as on and from the 20th day of December, 1929.

17.—(1) The Minister for Finance may from time to time as and when he thinks fit invest any moneys for the time being standing to the credit of the Exchequer Account in any bonds, bills, notes, or other securities issued by or on behalf of the Government of the United Kingdom of Great Britain and Northern Ireland and maturing within twelve months from the acquisition thereof and carrying the direct obligation of the said Government in respect of both principal and interest.

(2) The Minister for Finance may hold any security purchased or taken by him under this section until it matures or may, if and when he thinks fit, realise such security by sale or otherwise before the maturity thereof.

(3) The net proceeds of the realisation (whether by maturity, sale or otherwise) of any security taken or purchased by the Minister for Finance under this section and also all interest or payments in the nature of interest received by the said Minister in respect of any such security shall he paid into the Exchequer.

18.—(1) The Minister for Finance may from time to time, as and when he thinks proper, redeem any security issued under section 13 of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), by paying to the registered holder of such security a sum equal to the nominal face value thereof together with the accrued interest thereon, but no such security shall he so redeemed without the consent of the registered holder thereof.

(2) For the purpose of this section interest on securities issued under the said section 130 of the Damage to Property (Compensation) Act, 1923 , shall be deemed to accrue from day to day.

(3) The power of redeeming securities conferred on the Minister for Finance by this section shall be in addition to and not in substitution for any other method of redeeming such securities for the time being authorised or prescribed by law.

19.—(1) Where it appears to the Minister for Finance that the interest accrued during any year of account (whether ending before or after the passing of this Act) from the securities standing to the credit of the Post Office Savings Bank Fund exceeded the total of the interest paid or credited to depositors during such year of account in pursuance of the Acts relating to the Post Office Savings Bank and the expenses incurred in such year of account the execution of those Acts, the said Minister may in the next financial year after such year of account or (in the case of a year of account which ended before the passing of this Act) in the next financial year after the last of such years of account, appropriate for the Exchequer the whole or any part of the amount of sum excess remaining after deducting therefrom such sum (not being less than ten per cent thereof) as he may think proper to preserve in the said Fund as a provision against depreciation in the value of the securities standing to the credit thereof.

(2) The Minister for Finance may, in the financial year beginning on the 1st day of April, 1931, or in any subsequent financial year, appropriate for the Exchequer (in addition to any appropriation under the foregoing sub-section) the whole or any part of any sum which could have been but was not appropriated by him under this section in any previous financial year.

(3) In this section the expression "year of account" means a period of twelve months ending on any 31st day of December.

20.—(1) The Minister for Finance may by regulations provide that any security which is issued by him (whether before or after the passing of this Act) during the financial year ending on the 31st day of March, 1931, for the purpose of raising any money on loan shall, subject to such limitations and conditions as may be prescribed by such regulations, be accepted in payment of any death duty, and whenever any such regulations are made in relation to any such security any person from whom any sum is due on account of any death duty may, in accordance with and subject to the provisions of such regulations, pay that sum or any part thereof by means of the transfer to such account (in this section referred to as the said account) of the Minister for Finance as shall be prescribed by such regulations of so much of such security as is equal in value at the date of such transfer to the said sum or the said part thereof (as the case may be) to be so paid.

(2) Securities transferred to the said account under this section may be held in the said account or sold, cancelled, or otherwise dealt with as the Minister for Finance shall direct, and the said Minister may by regulations provide for the manner in which such securities are to be so held, sold, cancelled or otherwise dealt with.

(3) The transfer of a security to the said account under and in accordance with this section shall be accepted by the Revenue Commissioners as a cash payment to them of a sum equal to the value of such security at the date of such transfer.

(4) The Minister for Finance shall pay out of the said account to the Revenue Commissioners the value at the date of transfer of all securities transferred to the said account under this section.

(5) All sums paid by way of interest on or redemption of securities transfer-red under this section to, and for the time being field in, the said account and also all sums derived from the sale or other dealing by the Minister for Finance of or with securities transferred to the said account under this section shall be paid into the said account and shall be applied (so far as may be requisite) in or towards meeting payments which the said Minister is required by this section to make to the Revenue Commissioners out of the said account, and any balance of such sums from time to time standing in the said account and, in the opinion of the said Minister, not then required for meeting the said payments to the Revenue Commissioners shall, as and when the said Minister directs, be paid into the Exchequer in repayment of moneys advanced to the said account from the Central Fund or the growing produce thereof.

(6) There shall be issued out of the Central Fund or the growing produce thereof to the said account such sums as may be required to meet any payments under this section by the Minister for Finance to the Revenue Commissioners out of the said account which are not met under the foregoing sub-section of this section, and so much of the sums so issued as is not authorised by this section to be met by borrowing by the said Minister shall be charged on the Central Fund and the growing produce thereof.

(7) For the purpose of providing, wholly or partly, for so much of the sums authorised by this section to be issued out of the Central Fund or the growing produce thereof as is equal to ninety-three and one-half per cent of the nominal value of the securities transferred to the said account under this section, the Minister may borrow money by means of the issue of such securities as he thinks proper.

(8) All sums borrowed by the Minister for Finance under the foregoing sub-section of this section shall be paid into the Exchequer and the principal and interest on all securities issued under that sub-section shall be charged on and payable out of the Central Fund or the growing produce thereof.

(9) For the purposes of this section—

( a ) the value at the date of transfer of any security transferred to the said account under this section shall be the nominal face value thereof with the addition of any interest thereon accrued due at the date of such transfer but then remaining unpaid, after deducting the amount of any interest thereon which may be receivable by the transferor after that date, and

( b ) interest on any such security shall be deemed to accrue from day to day.

21.—All taxes and duties imposed or continued by this Act are hereby placed under the care and management of the Revenue Commissioners.

22.—(1) This Act may be cited as the Finance Act, 1930 .

(2) Part I of this Act shall be construed together with the Income Tax Acts, and Part II of this Act, so far as it relates to duties of customs shall be construed together with the Customs Acts, and so far as it relates to duties of excise shall be construed together with the British Statutes and Acts of the Oireachtas which relate to the duties of excise and the management of those duties.

(3) Part I of this Act shall, save as is otherwise expressly provided, be deemed to come into force on and shall take effect as on and from the 6th day of April, 1930.