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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 28 May 1992

Finance Act, 1992 (No. 9)

Consolidation Status: Currently being consolidated by Finance Act 2024 (No. 43)
Comparing proposed amendment...
Introductory Text
Acts Referred to
Part I Income Tax, Corporation Tax and Capital Gains Tax (ss. 1-88)
Chapter I Income Tax (ss. 1-15)
Repealed
1. Amendment of provisions relating to exemption from income tax.
Repealed
2. Alteration of rates of income tax.
Repealed
3. Amendment of section 6 (special allowance in respect of P.R.S.I. for 1982-83) of Finance Act, 1982.
Repealed
4. Cesser of relief in respect of life insurance premiums.
Repealed
5. Amendment of section 432 (making of claims, etc., and appeals and rehearings) of Income Tax Act, 1967.
Repealed
6. Amendment of Chapter II (occupational pension schemes) of Part I of Finance Act, 1972.
Repealed
7. Amendment of section 8 (permanent health benefit schemes) of Finance Act, 1979.
Repealed
8. Amendment of section 4 (benefit of use of a car) of Finance Act, 1982.
Repealed
9. Amendment of section 8 (restriction of relief in respect of interest paid on certain loans at a reduced rate) of Finance Act, 1982.
Repealed
10. Amendment of section 13 (interpretation (Chapter III)) of Finance Act, 1987.
Repealed
11. Amendment of section 14 (accountable persons) of Finance Act, 1987.
Repealed
12. Cesser of provisions relating to approved share option schemes.
Repealed
13. Cesser of section 14 (taxation treatment of certain dividends) of Finance Act, 1986.
Repealed
14. Relief to individuals on loans applied in acquiring interest in companies.
Repealed
15. Treatment for tax purposes of certain benefits payable under Social Welfare Acts.
Chapter II Income Tax, Corporation Tax and Capital Gains Tax (ss. 16-39)
Repealed
16. Amendment of section 36 (construction of references to child, son and daughter in Tax Acts and Capital Gains Tax Act, 1975) of Finance Act, 1977.
Repealed
17. Amendment of Chapter IX (profit sharing schemes) of Part I of and Third Schedule (profit sharing schemes) to Finance Act, 1982.
Repealed
18. Taxation of consideration for certaion restrictive covenants, etc.
Repealed
19. Treatment of patent royalties and related distributions.
Repealed
20. Amendment of section 28 (farming: provision relating to relief in respect of increase in stock values) of Finance Act, 1980.
Repealed
21. Capital allowances for, and deduction in respect of, vehicles.
Repealed
22. Amendment of Chapter IV (interest payments by certain deposit takers) of Part I of Finance Act, 1986.
Repealed
23. Amendment of section 46 (limited partnerships: relief restrictions) of Finance Act, 1986.
Repealed
24. Securities of Bord Gáis Éireann.
Repealed
25. Restriction of capital allowances on holiday cottages.
Repealed
26. Application and amendment of section 241 (wear and tear of machinery, plant, etc.) of Income Tax Act, 1967.
Repealed
27. Amendment of section 255 (meaning of "industrial building or structure") of Income Tax Act, 1967.
Repealed
28. Extension and amendment of section 17 (tax deductions from payments to subcontractors in the construction industry) of Finance Act, 1970.
Repealed
29. Amendment of Chapter V (Urban Renewal: Relief from Income Tax and Corporation Tax) of Part I of Finance Act, 1986.
Repealed
30. Amendment of section 27 (designated areas for urban renewal relief) of Finance Act, 1987.
Repealed
31. Amendment of section 4 (relief for expenditure on certain buildings in designated areas) of Finance Act, 1989.
Repealed
32. Amendment of section 18 (date for payment of tax) of Finance Act, 1988.
Repealed
33. Amendment of section 21 (miscellaneous) of Finance Act, 1988.
Repealed
34. Amendment of Chapter VII (Urban Renewal: Temple Bar and other areas) of Part I of Finance Act, 1991.
Repealed
35. Treatment of certain distributions received on or after 29th day of January, 1992.
Repealed
36. Option in relation to section 35 (certain unit trusts not to be collective investment undertakings) of Finance Act, 1990.
Repealed
37. Application of section 25 (attribution of distributions to accounting periods) of Finance Act, 1989, to interim dividends.
Repealed
38. Distributions to non-residents.
Repealed
39. Provisions relating to section 244 (allowance for scientific research) of Income Tax Act, 1967, etc.
Chapter III Corporation Tax (ss. 40-58)
Repealed
40. Amendment of section 84A (limitation on meaning of "distribution") of Corporation Tax Act, 1976.
Repealed
41. Amendment of section 21 (amendment of Part IX (Schedule F and company distributions) of Corporation Tax Act, 1976) of Finance Act, 1989.
Repealed
42. Amendment of Part XXXII (government and other public loans) of Income Tax Act, 1967, and computation of losses.
Repealed
43. Building societies (taxation of certain transactions).
Repealed
44. Amendment of Part III (special classes of companies) of Corporation Tax Act, 1976.
Repealed
45. Credit for bank levy.
Repealed
46. Restriction of certain losses and charges on income and consequential amendments.
Repealed
47. Amendment of section 39 (meaning of "goods") of Finance Act, 1980.
Repealed
48. Termination of relief in respect of certain transactions of agricultural and fishery societies.
Repealed
49. Recovery of tax credits from companies.
Repealed
50. Group payments.
Repealed
51. Amendment of section 44 (group dividends) of Finance Act, 1983.
Repealed
52. Amendment of section 39A (relief in relation to income from certain trading operations carried on in Shannon Airport) of Finance Act, 1980.
Repealed
53. Amendment of section 39B (relief in relation to income from certain trading operations carried on in Custom House Docks Area) of Finance Act, 1980.
Repealed
54. Amendment of section 41 (basis of relief from corporation tax) of Finance Act, 1980.
Repealed
55. Late submission of returns: restriction of certain claims to relief.
Repealed
56. Relief for gifts to The Enterprise Trust Ltd.
Repealed
57. Amendment of section 39 (exemption of certain income of Nítrigin Éireann Teoranta) of Finance Act, 1988.
Repealed
58. Amendment of section 35 (relief for investment in films) of Finance Act, 1987.
Chapter IV Capital Gains Tax (ss. 59-63)
Repealed
59. Reduction in exemption for individuals.
Repealed
60. Alteration of rates of capital gains tax.
Repealed
61. Restriction of Schedule 2 (companies and shareholders) to Capital Gains Tax Act, 1975.
Repealed
62. Amendment of section 9 (consideration) of Capital Gains Tax Act, 1975.
Repealed
63. Amendment of section 47 (options) of Capital Gains Tax Act, 1975.
Chapter V Implementation of Council Directive No: 90/434/EEC and other related matters (ss. 64-74)
Repealed
64. Interpretation (Chapter V).
Repealed
65. Transfer of assets generally.
Repealed
66. Transfer of an asset by a company to its parent company.
Repealed
67. Company reconstruction or amalgamation: transfer of development land.
Repealed
68. Amendment of section 36 (chargeable gains on disposals of development land) of Finance Act, 1982.
Repealed
69. Credit for tax.
Repealed
70. Avoidance of tax.
Repealed
71. Returns.
Repealed
72. Other transactions.
Repealed
73. Amendment of section 132 (disposal or acquisition outside a group) of Corporation Tax Act, 1976.
Repealed
74. Apportionment of amounts.
Chapter VI Petroleum Taxation (ss. 75-88)
Repealed
75. Interpretation (Chapter VI).
Repealed
76. Separation of trading activities.
Repealed
77. Reduction of corporation tax.
Repealed
78. Treatment of losses, etc.
Repealed
79. Restriction of group relief.
Repealed
80. Restriction of relief for losses on certain disposals.
Repealed
81. Interest and charges on income.
Repealed
82. Restriction of set-off of advance corporation tax.
Repealed
83. Development expenditure: capital allowances and charges.
Repealed
84. Exploration expenditure: allowances and charges.
Repealed
85. Exploration expenditure incurred by certain companies.
Repealed
86. Abandonment expenditure: allowances and loss relief.
Repealed
87. Valuation of petroleum in certain circumstances.
Repealed
88. Treatment of certain disposals.
Part II Customs and Excise (ss. 89-163)
Chapter I Excise Duty on Beer (ss. 89-102)
Repealed
89. Interpretation (Chapter I).
Repealed
90. Duty of excise on beer.
Repealed
91. Exemptions from duty.
Repealed
92. Remissions and repayments of duty.
Repealed
93. Remission or repayment of certain duty chargeable before appointed day.
Repealed
94. Revocation of brewer's licence and offence by brewer for sale.
Repealed
95. Approval of persons and premises for the brewing, holding and packaging of beer without payment of duty.
Repealed
96. Provision of facilities by warehousekeeper and powers of inspection, etc., of officers.
Repealed
97. Treatment of excess or deficiency in stocks and fraudulent evasion of duty.
Repealed
98. Regulations (Chapter I).
Repealed
99. Offences (Chapter I).
Repealed
100. Application of enactments (Chapter I).
Repealed
101. Repeals and revocations (Chapter I).
Repealed
102. Commencement (Chapter I).
Chapter II Implementation of Council Directive No.92/12/EEC. (ss. 103-119)
Repealed
103. Interpretation (Chapter II).
Repealed
104. Excisable products.
Repealed
105. Warehousing.
Repealed
106. Treatment of excisable products released for consumption in another Member State.
Repealed
107. Provisions relating to vendors.
Repealed
108. Tax representatives.
Repealed
109. Movement of excisable products under a duty-suspension arrangement from the State to other Member States.
Repealed
110. Movement of excisable products under a duty-suspension arrangement to the State from other Member States.
Repealed
111. Accompanying documents.
Repealed
112. Repayments of excise duty.
Repealed
113. Exemptions.
Repealed
114. Treatment of losses.
Repealed
115. Power to stop vehicles and detain excisable products.
Repealed
116. Powers of entry and inspection, etc. of officers.
Repealed
116A. General mutual assistance.
Repealed
116B. Mutual assistance for the recovery of claims.
Repealed
117. Regulations (Chapter II).
Repealed
118. Application of enactments (Chapter II).
Repealed
119. Commencement (Chapter II).
Chapter III Amusement Machine Licence Duty (ss. 120-129)
In force
120. Interpretation (Chapter III).
In force
121. Waivers and exemptions.
In force
122. Permit and licence procedure.
In force
123. Rates of duty.
In force
123A. Rates of duty on permits.
In force
124. Prohibition on play without permit and licence.
In force
125. Investigation, etc. by officers.
In force
126. Penalties (Chapter III).
In force
127. Forfeiture (Chapter III).
In force
128. Regulations (Chapter III).
In force
129. Applicability of excise statutes.
Chapter IV Registration and Taxation of Vehicles (ss. 130-144A)
In force
130. Interpretation.
Deleted
130A. Vehicle built up from chassis or monocoque or assembly.
Deleted
130B. Delegation of certain powers of the Revenue Commissioners.
In force
131. Registration of vehicles by Revenue Commissioners.
Deleted
131A. Evidence of computer stored records in court proceedings.
In force
132. Charge of excise duty.
In force
133. Chargeable value.
In force
134. Permanent reliefs.
In force
135. Temporary exemption from registration.
In force
135A. Special purpose vehicles.
In force
135B. Repayment of amounts in respect of vehicle registration tax in certain cases.
Deleted
135BA. Repayment of amounts of vehicle registration tax in respect of the registration of certain new vehicles.
In force
135C. Remission or repayment in respect of vehicle registration tax on certain hybrid electric vehicles.
In force
135D. Repayment of amounts of vehicle registration tax on export of certain vehicles.
In force
135E. Proportionate payment of vehicle registration tax on certain vehicles temporarily brought into State.
In force
136. Authorisation of manufacturers, distributors and dealers and periodic payment of duty.
In force
136A. Authorisation of competent persons.
In force
137. Accountability for unregistered vehicles and converted vehicles.
Repealed
138. Appeals.
In force
139. Offences and penalties.
In force
140. Evidence.
In force
141. Regulations.
Deleted
142. Powers of officers.
In force
142A. Return of motor insurance particulars.
In force
143. Transitional provisions.
In force
144. Application of enactments.
In force
144A. Repeal and revocations.
Chapter V Miscellaneous (ss. 145-163)
In force
145. Interpretation (Chapter V).
In force
146. Tobacco products.
In force
147. Cider and perry.
In force
148. Televisions.
In force
149. Video players.
Repealed
150. Hydrocarbons.
In force
151. Motor vehicles.
In force
152. Termination of excise duties on table waters and table waters manufacturer's licence.
In force
153. Termination of excise duty on match manufacturer's licence.
In force
154. Increase of duties on certain intoxicating liquor licences.
In force
155. Spirits retailers' on-licences.
In force
156. Amendment of section 49 (grant of licences and date of expiration of licences) of Finance (1909-10) Act, 1910.
In force
157. Increase of duties on public dancing licence, occasional licence, special exemption order and authorisation to a club.
Repealed
158. Increase of duties on hydrocarbon vendors' licences.
Repealed
159. Increase of duties on registration of firearms dealers.
In force
160. Increase of duties on certain other licences, etc.
In force
161. Increase of duty on registration of clubs.
Repealed
162. Restriction of section 29 (provisions in relation to customs, customs duties and EEC levies) of Finance Act, 1978.
In force
163. Amendment of Finance (Excise Duties) (Vehicles) Act, 1952.
Part III Value-Added Tax (ss. 164-198)
Repealed
164. Interpretation (Part III).
Repealed
165. Amendment of section 1 (interpretation) of Principal Act.
Repealed
166. Amendment of section 2 (charge of value-added tax) of Principal Act.
Repealed
167. Amendment of section 3 (supply of goods) of Principal Act.
Repealed
168. Intra-Community acquisition of goods.
Repealed
169. Amendment of section 5 (supply of services) of Principal Act.
Repealed
170. Amendment of section 8 (taxable persons) of Principal Act.
Repealed
171. Amendment of section 9 (registration) of Principal Act.
Repealed
172. Amendment of section 10 (amount on which tax is chargeable) of Principal Act.
Repealed
173. Amendment of section 11 (rates of tax) of Principal Act.
Repealed
174. Amendment of section 12 (deductions for tax borne or paid) of Principal Act.
Repealed
175. Amendment of section 12A (special provisions for tax invoiced by flat-rate farmers) of Principal Act.
Repealed
176. Amendment of section 13 (remission of tax on goods exported, etc.) of Principal Act.
Repealed
177. Amendment of section 14 (determination of tax due by reference to cash receipts) of Principal Act.
Repealed
178. Amendment of section 15 (charge of tax on imported goods) of Principal Act.
Repealed
179. Amendment of section 16 (duty to keep records) of Principal Act.
Repealed
180. Amendment of section 17 (invoices) of Principal Act.
Repealed
181. Amendment of section 18 (inspection and removal of records) of Principal Act.
Repealed
182. Amendment of section 19 (tax due and payable) of Principal Act.
Repealed
183. Statement of intra-Community supplies.
Repealed
184. Amendment of section 20 (refund of tax) of Principal Act.
Repealed
185. Amendment of section 23 (determination of tax due) of Principal Act.
Repealed
186. Security to be given by certain taxable persons.
Repealed
187. Amendment of section 25 (appeals) of Principal Act.
Repealed
188. Amendment of section 26 (penalties generally) of Principal Act.
Repealed
189. Amendment of section 27 (fraudulent returns etc.) of Principal Act.
Repealed
190. Amendment of section 28 (assisting in making incorrect returns) of Principal Act.
Repealed
191. Amendment of section 30 (time limits) of Principal Act.
Repealed
192. Amendment of section 32 (regulations) of Principal Act.
Repealed
193. Substitution of certain persons for persons not established in the State.
Repealed
194. Amendment of First Schedule to Principal Act.
Repealed
195. Amendment of Second Schedule to Principal Act.
Repealed
196. Amendment of Third Schedule to Principal Act.
Repealed
197. Amendment of Sixth Schedule to Principal Act.
Repealed
198. Insertion of Seventh Schedule in Principal Act.
Part IV Stamp Duties (ss. 199-217)
Repealed
199. Definitions (Part IV).
Repealed
200. Levy on banks.
Repealed
201. Stamp duties, remission of certain penalties.
Repealed
202. Amendment of section 17 (stamp duty in respect of credit cards and charge cards) of Finance (No. 2) Act, 1981.
Repealed
203. Stamp duty in respect of cash cards.
Repealed
204. Stamp duties on miscellaneous instruments.
Repealed
205. Amendment of First Schedule.
Repealed
206. Exemption from stamp duty of certain stocks and marketable securities.
Repealed
207. Exemption from stamp duty of certain financial services instruments.
Repealed
208. Location of insurance risk for stamp duty purposes.
Repealed
209. Exemption from stamp duty of certain instruments relating to foreign immovable property.
Repealed
210. Exemption from stamp duty of certain instruments of National Treasury Management Agency and of Minister for Finance.
Repealed
211. Revocation (Part IV).
Repealed
212. Provisions relating to exemption from stamp duty on transfers by spouses.
Repealed
213. Procedure to apply where consideration etc. cannot be ascertained.
In force
214. Amendment of section 45 (relief from certain duties (adopted children)) of Finance Act, 1972.
Repealed
215. Repeal of certain provisions relating to Governor and Company of the Bank of Ireland.
Repealed
216. Exemption from stamp duty of certain instruments (Temple Bar Properties Limited).
Repealed
217. Amendment of section 44 (exemption from stamp duty of certain stock) of Finance Act, 1970.
Part V Residential Property Tax (ss. 218-221)
In force
218. Application (Part V).
In force
219. Amendment of section 100 (market value exemption limit) of Finance Act, 1983.
In force
220. Amendment of section 101 (income exemption limit) of Finance Act, 1983.
In force
221. Amendment of section 102 (marginal reliefs) of Finance Act, 1983.
Part VI Capital Acquisitions Tax (ss. 222-225)
In force
222. Interpretation (Part VI).
In force
223. Amendment of section 2 (interpretation) of Principal Act.
In force
224. Amendment of section 106 (acquisitions by discretionary trusts) of Finance Act, 1984.
In force
225. Amendment of section 102 (interpretation (Part V)) of Finance Act, 1986.
Part VII Anti-avoidance and Anti-evasion (ss. 226-248)
Repealed
226. Returns of certain information.
Repealed
227. Supplemental provisions to section 226.
Repealed
228. Inspector's right to make enquiries.
Repealed
229. Amendment of section 19 (returns by certain intermediaries in relation to UCITS) of Finance Act, 1989.
Repealed
230. Returns in relation to foreign accounts.
In force
230A. Returns of material interest in offshore funds.
Repealed
231. Obligation to keep certain records.
Repealed
232. Inspection of documents and records.
Repealed
233. Powers of inspection: PAYE.
Repealed
234. Amendment of section 128 (penalties) of Income Tax Act, 1967.
Repealed
235. Powers of inspection: tax deductions from payments to certain sub-contractors.
Repealed
236. Authorised officers and Garda Síochána.
Repealed
237. Inspection of computer documents and records.
Repealed
238. Amendment of section 31 (power to obtain from certain persons particulars of transactions with and documents concerning tax liability of taxpayers) of Finance Act, 1979.
Repealed
239. Amendment of section 20 (return of property) of Finance Act, 1983.
Repealed
240. Amendment of section 23 (publication of names of defaulters) of Finance Act, 1983.
Repealed
241. Amendment of section 73 (deduction from payments due to defaulters of amounts due in relation to tax) of Finance Act, 1988.
Repealed
242. Tax clearance in relation to certain licences.
Repealed
243. Amendment of section 94 (revenue offences) of Finance Act, 1983.
Repealed
244. Amendment of section 9 (interpretation (Chapter II)) of Finance Act, 1988.
Repealed
245. Amendment of section 48 (surcharge for late submission of returns) of Finance Act, 1986.
Repealed
246. Amendment of Schedule 4 (administration) to Capital Gains Tax Act, 1975.
Repealed
247. Amendment of section 143 (return of profits) or Corporation Tax Act, 1976.
Partially repealed
248. Amendment of certain provisions of Tax Acts, etc., relating to penalties.
Part VIII Miscellaneous (ss. 249-254)
Repealed
249. Capital Services Redemption Account.
In force
250. Amendment of Provisional Collection of Taxes Act, 1927.
In force
251. Amendment of section 55 (payments to lessees under petroleum leases) of Petroleum and Other Minerals Development Act, 1960.
In force
252. Voluntary Health Insurance Board levy.
In force
253. Care and management of taxes and duties.
In force
254. Short title, construction and commencement.
First Schedule - Tables to Section 4(4) of the Finance Act, 1982
Repealed
First Schedule, Part I Table to section 4(4) of the Finance Act, 1982, as respects the year 1992-93
Repealed
First Schedule, Part II Table to section 4(4) of the Finance Act, 1982, as respects the year 1993-94
Repealed
First Schedule, Part III Table to section 4(4) of the Finance Act, 1982, as respects the year 1994-95
Repealed
First Schedule, Part IV Table to section 4(4) of the Finance Act, 1982, as respects the year 1995-96
Repealed
First Schedule, Part V Table to section 4(4) of the Finance Act, 1982, as respects the year 1996-97 and subsequent years of assessment
Repealed
Second Schedule - Accountable Persons for Purposes of Chapter III of Part I of the Finance Act, 1987
Third Schedule
In force
Third Schedule, Part I Repeal of Provisions relating to Excise Duty on Beer
In force
Third Schedule, Part II Repeal of Provisions relating to Spirits Retailers' On-Licences
In force
Fourth Schedule - Rates of Excise Duty on Tobacco Products
In force
Fifth Schedule - Rates of Excise Duty on Cider and Perry
Sixth Schedule - Rates of Excise Duty on Certain Licences
In force
Sixth Schedule, Part I Intoxicating Liquor Licences
In force
Sixth Schedule, Part II Firearm Certificates
Repealed
Sixth Schedule, Part III Gaming Licences
In force
Sixth Schedule, Part IV Other Licences
Seventh Schedule - Stamp Duty on Instruments
Repealed
Seventh Schedule, Part I Conveyance or Transfer on Sale of any Stocks or Marketable Securities
Repealed
Seventh Schedule, Part II Conveyance or Transfer on Sale of Policy of Insurance or Policy of Life Insurance
Repealed
Seventh Schedule, Part III Conveyances or Transfers of certain other Kinds
Repealed
Seventh Schedule, Part IV Deeds
Repealed
Seventh Schedule, Part V Mortgages, Bonds, Debentures and certain Covenants