Number 6/1967: INCOME TAX ACT, 1967

Interpretation

Section
1.	Interpretation generally.
2.	Earned income.
3.	"Income Tax Acts".

Preliminary

4.	Charge; Schedules.
5.	Yearly assessments.
6.	Fractions of twenty shillings.
7.	Enactments in force for any year to apply to tax for succeeding year.
8.	Charge and deduction of tax not charged or deducted before passing of annual Act.

Part II

Schedules A and B

Schedule A

9.	Schedule A.
10.	Annual value for Schedule A.
11.	Owner-occupied private residence.
12.	Newly-built houses.
13.	Assessment by reference to annual rent.
14.	Persons chargeable.
15.	Separate assessments under Schedule A or Schedule B in certain cases.
16.	Diplomatic representatives.
17.	Mortgagees in possession.
18.	Right of persons by whom tax is paid to recoupment in certain cases.
19.	Occupier.
20.	Allowances in case of ecclesiastical or collegiate body.
21.	Allowance for drainage and other rates and expenditure on sea walls.
22.	Procedure and time-limits for claims under preceding provisions.
23.	Repairs allowance.
24.	Allowance for maintenance, repairs, insurance and management.
25.	Maintenance relief for small properties.
26.	Loss by flood or tempest.
27.	Universities, colleges, hospitals, schools and almshouses.
28.	Allowance for rates paid by landlord.
29.	Repayment of tax in respect of lost rent.

Schedule B

30.	Schedule B.
31.	Annual value for Schedule B.
32.	Persons chargeable.
33.	Assessment of certain profits derived from the keeping of a stallion.
34.	Husbandry: election to be charged under Schedule D.
35.	Husbandry: profits falling short of assessable value.
36.	Woodlands.
37.	Assessment of profits from occupation of land under Schedule D in certain other cases.
38.	Relief under Schedule B in case of loss by flood or tempest.

General

39.	Revenue Commissioners to be furnished with copies of rates.
40.	Production of valuations to inspector.
41.	Power of Revenue Commissioners to direct revaluation.
42.	Unoccupied property.
43.	Savings with respect to actions of ejectment.
44.	Relief to persons prevented from using their land.
45.	Relief to farming co-operative societies and farming trustees.
46.	Definition of "the municipal rate".

Part III

SCHEDULE C AND PRINCIPAL PROVISIONS RELATING THERETO

47.	Schedule C.
48.	Charge and payment.
49.	Stocks of State and of foreign diplomats.
50.	Securities of foreign territories.
51.	Definitions.

Part IV

SCHEDULE D

Charge to Tax and General

52.	Schedule D.
53.	The Cases.
54.	Market gardening.
55.	Interest, etc., paid without deduction of tax under Schedule C.
56.	Tax on quarries, mines and other concerns.

Cases I and II

Trades and Professions Carried on in Partnership

69.	Interpretation.
70.	Power to require return as to sources of partnership income and amounts derived therefrom.
71.	Separate assessment of partners.
72.	Capital allowances and balancing charges in partnership cases.
73.	Modification of provisions as to appeals.
74.	Provision as to charges under section 288.

Case III

75.	Income chargeable under Case III.
76.	Foreign securities and possessions.
77.	Basis of assessment.
78.	Cattle and milk dealers.

Chapter V

Case IV-General

79.	Basis of assessment.

Chapter VI

Taxation of Rents and Certain Other Payments

80.	Interpretation.
81.	Taxation of rents under short leases.
82.	Additional deductions in certain cases.
83.	Treatment of premiums, etc., as rent.
84.	Charge on assignment of lease granted at undervalue.
85.	Charge on sale of land with right to reconveyance.
86.	Exclusion of certain lettings.
87.	Taxation of certain payments in respect of easements.
88.	Provisions as to assessment.
89.	Relief in respect of losses.
90.	Relief for amount not received.
91.	Deduction by reference to premium, etc., paid in the computation of profits for purposes of Schedule D, Cases I & II.
92.	Deductions by reference to premiums, etc., paid in computation of profits for purposes of this Chapter.
93.	Taxation of rents under long lease and certain other payments.
94.	Returns, etc.
95.	Restriction of section 24.

Chapter VII

Profits or Gains from Dealing in or Developing Land

96.	Interpretation.
97.	Extension of Schedule D charge to certain profits from dealing in or developing land.
98.	Computation under Case I of Schedule D of profits or gains from dealing in or developing land.
99.	Computation under Case IV of Schedule D of profits or gains from dealing in or developing land.
100.	Transfers of interests in land between certain associated persons.
101.	Tax to be charged under Case IV of Schedule D in relation to the sale of certain shares.
102.	Application of section 101 to sales of shares in holding companies.
103.	Provisions supplementary to sections 101 and 102.

Chapter VIII

Payment of Certain Rents Without Deduction of Tax

104.	Payment of certain rents without deduction of tax.

Chapter IX

Miscellaneous Provisions as to Schedule D

105.	Persons chargeable.
106.	Interest payable out of rates.
107.	Apportionment of profits.
108.	Limitation of deductions for certain taxes.

Part V

SCHEDULE E AND PRINCIPAL PROVISIONS RELATING THERETO

Charge to Tax, etc.

109.	Schedule E.
110.	Persons chargeable and extent of charge.
111.	Basis of assessment.
112.	Making of deductions.
113.	Appeal against amount of deduction.

Payments on Retirement, etc.

114.	Payments on retirement or removal from office or employment.
115.	Exemptions and reliefs in respect of tax under section 114.

Expenses Allowances and Benefits in Kind

116.	Expenses allowances.
117.	Benefits in kind.
118.	Valuation of benefits in kind.
119.	Meaning of “director”, “employment” and “employment to which this Chapter applies”.
120.	Additional information in returns under section 178.
121.	Application of this Chapter.
122.	Interpretation.
123.	Unincorporated bodies, partnerships and individuals.

Income Tax in Respect of Certain Emoluments

Part VI

Differentiation and Graduation of Tax by means of Reliefs

134.	Earned income relief.
135.	Allowances from unearned income of persons aged sixty-five or upwards.
136.	Relief for small incomes.
137.	Deduction allowed in ascertaining taxable income.
138.	Personal relief.
139.	Person taking charge of children of widower, widow or married man living apart from wife.
140.	Relative taking charge of unmarried person's brother or sister.
141.	Children.
142.	Dependent relatives.
143.	Premiums on post-1916 insurances and certain other payments.
144.	Exemption where total income does not exceed £240, and marginal relief.
145.	Insurance against expenses of illness.
146.	General provisions relating to allowances, deductions and reliefs.
147.	Basis of assessing income under Schedule A.
148.	Partners, joint tenants: separate claims.
149.	Method of allowance.
150.	Total income where assessment reduced.
151.	Relief for premiums on pre-1916 insurances.
152.	Life assurance relief—general provisions.
153.	Non-residents.
154.	Relief for income accumulated under trusts.

Part VII

Administration

Part VIII

Returns and Assessment, Provision against Double Assessment, and Relief in Respect of Error or Mistake

Returns and Assessment

167.	General notice to deliver lists and statements.
168.	Particular notice to persons chargeable.
169.	Returns by persons chargeable.
170.	Persons acting for incapacitated persons and non-residents.
171.	Notice to persons coming into district.
172.	Power to require return of income.
173.	Power to obtain information as to fees, commissions, etc.
174.	Power to require production of accounts and books.
175.	Power to obtain information as to interest paid or credited without deduction of tax.
176.	Delivery of lists by persons in receipt of income of others.
177.	Lists of lodgers and inmates.
178.	Lists of employees.
179.	Service of notice on new residents in district.
180.	Making of assessments under Schedules A and B.
181.	Making of assessments under Schedules D and E.
182.	Granting of allowances and reliefs.
183.	Aggregation of assessments.
184.	Assessment in absence of return.
185.	Functions of assessors.
186.	Additional assessments.
187.	Particulars of sums to be collected.
188.	Loss or destruction of assessments and other documents.
189.	Amendment of statutory forms.

Provision Against Double Assessment and Relief in Respect of Error or Mistake

190.	Double assessment.
191.	Error or mistake.

Part IX

Special Provisions as to Married Persons, Non-residents, Temporary Residents, Bodies of Persons, Incapacitated Persons, etc.

Special Provisions as to Married Persons

192.	General rule as to tax on husbands and wives.
193.	Personal reliefs on exercise of option for separate assessments.
194.	Collection from wife of tax assessed on husband attributable to her income.
195.	Right of husband to disclaim liability for tax on deceased wife's income.
196.	Married woman living with husband.
197.	Separate assessments to income tax.
198.	Separate assessments to sur-tax.

Special Provisions as to Non-residents and Temporary Residents

199.	Persons temporarily resident outside the State.
200.	Non-residents: assessment.
201.	Non-residents: profits from agencies, etc.
202.	Non-residents: control over residents.
203.	Non-residents: charge on percentage of turnover.
204.	Non-residents: merchanting profit.
205.	Non-residents: restrictions on chargeability.
206.	Temporary residents.

Special Provisions as to Bodies of Persons, Incapacitated Persons, Trustees and Agents, Personal Representatives and Receivers

207.	Bodies of persons.
208.	Trustees, guardians and committees.
209.	Liability of trustees, etc.
210.	Liability of parents, guardians and personal representatives.
211.	Assessment of personal representatives.
212.	Receivers appointed by the court.
213.	Protection for trustees, agents and receivers.

Part X

Special Provisions as to Assurance Companies and Investment Businesses

214.	Relief for expenses of management.
215.	Foreign assurance companies: investment income.
216.	Companies carrying on life assurance business.
217.	Liability of assurance companies.

Part XI

Industrial and Provident Societies

218.	Interpretation.
219.	Deduction as expenses of certain sums, etc.
220.	Disregard of profits or losses attributable to certain transactions.
221.	Payment of interest without deduction of tax.

Part XII

Special Provisions as to Pensions, Pension Schemes, Retirement Annuities and Purchased Life Annuities

Superannuation

222.	Exemption of superannuation funds.
223.	Contributions towards expenses of superannuation benefits.
224.	Contributions and benefits under Social Welfare Acts.
225.	Liability of certain pensions, etc., to tax.

Retirement and Other Benefits for Directors and Employees

226.	Interpretation.
227.	Charge to tax in respect of provision for retirement or other benefits to directors and employees of bodies corporate.
228.	Exemptions from charge under section 227.
229.	Approval of retirement benefits schemes.
230.	Aggregation and severance of schemes.
231.	Certain amounts deemed to be income.
232.	Application of section 434 to certain payments.
233.	Allowance of contributions as deduction, etc.
234.	Delivery of particulars of retirement benefits schemes, etc.

Retirement Annuities

235.	Retirement annuities (relief for premiums).
236.	Nature and amount of relief for qualifying premiums.
237.	Taxation of assurance companies doing annuity business.
238.	Supplementary provisions.

Purchased Life Annuities

239.	Capital element in certain purchased annuities.
240.	Supplementary provisions.

Part XIII

Wear and Tear and Obsolescence

241.	Wear and tear of machinery, plant, etc.
242.	Machinery out of use during national emergency.
243.	Obsolescence.

Part XIV

Relief for certain Expenditure on Scientific Research, on Mining Development and on the Purchase of New Ships

Allowances for Expenditure on Scientific Research

244.	Allowance for scientific research.

Allowances for Capital Expenditure on Mine Development

245.	Allowance for mining development.

Allowances for Capital Expenditure on the Purchase of New Ships

246.	Shipping investment allowances.
247.	Provisions relating to wear and tear and obsolescence.
248.	Application of section 241 (3).
249.	Meaning of “basis period”.
250.	Withdrawal of shipping investment allowance.

Part XV

Initial Allowances for certain Capital Expenditure on Machinery and Plant and on Industrial Buildings and Structures

Machinery and Plant: Initial Allowances

251.	Initial allowances.
252.	Application of section 241 (2) (3) (5).
253.	Application to professions.

Industrial Buildings and Structures: Industrial Building Allowance

254.	Industrial building allowance.
255.	Meaning of “industrial building or structure”.
256.	Meaning of “expenditure on construction of building or structure”.
257.	Expenditure on preparing site.
258.	Commencement of sections 255 (1) (b), 255 (2), 256 (b) (c) and 257.
259.	Appeals.

Miscellaneous and General

260.	“Capital expenditure” under sections 251 and 254.
261.	Date on which expenditure incurred.
262.	Meaning of “basis period”.

Part XVI

Annual Allowances for Certain Capital Expenditure on Industrial Buildings and Structures, on Machinery and Plant, on Patents and on Dredging

Industrial Buildings and Structures: Annual Allowances and Balancing Allowances and Charges

263.	Interpretation.
264.	Annual allowances.
265.	Balancing allowances and balancing charges.
266.	Writing off of expenditure and meaning of “residue of expenditure”.
267.	Manner of making allowances and charges.
268.	Meaning of “the relevant interest”.
269.	Special provisions in regard to leases.
270.	Temporary disuse of building or structure.

Machinery and Plant: Balancing Allowances and Charges

Patents: Annual Allowances and Balancing Allowances and Charges

Dredging: Initial and Annual Allowances

294.	Allowances for expenditure on dredging.

Chapter V

Miscellaneous and General

Part XVII

Relief for Expenditure on Training of Local Staff before Commencement of Trading

305.	Training of local staff before commencement of trading.

Part XVIII

Allowance for Expenditure on Production of Certain Commodities

306.	Expenditure on production of certain commodities.

Part XIX

Losses

Relief for Losses

Treatment of Capital Allowances

317.	Interpretation.
318.	Option to treat as creating or augmenting loss.
319.	Extent to which allowances to be taken into account.
320.	Effect of giving relief.
321.	Grant of relief before passing of annual Act.
322.	Application to professions, etc.

Payments by Companies to Associated Companies in Respect of Losses

323.	Interpretation.
324.	Treatment of deficiency payments as trading receipts and trading expenses.
325.	Meaning of “deficiency”.
326.	Adjustment of assessments in certain cases.
327.	Method of giving effect to this Chapter.
328.	Restriction of relief for losses of auxiliary companies.

Part XX

Relief to Investigators in Irish Securities

Stocks, Shares, and Securities of Companies other than Manufacturing Companies

329.	Relief to investors.
330.	Restriction of section 329.
331.	Shares, etc., deemed to be issued for public subscription.

Stocks, Shares, and Securities of Manufacturing Companies

332.	Relief to investors.

Part XXI

Charitable and other Exemptions

333.	Rents of property belonging to hospitals and other charities.
334.	Lands owned and occupied, and trades carried on, by charities.
335.	Friendly societies.
336.	Trade unions.
337.	Savings Bank.
338.	Relief for income from investments under Social Welfare Act, 1952.
339.	Repayment claims.
340.	Military and other pensions, gratuities and allowances.
341.	Exemption of Commonwealth representatives.
342.	Exemption of consular representatives.
343.	Exemption of harbour authorities.
344.	Exemption of interest on certain deposits.
345.	Exemption of interest on certain securities.
346.	Exemption of sweepstake profits.
347.	Carrying out of voluntary health schemes-deeming not to be trade.
348.	Exemption of profits of agricultural societies.
349.	Exemption of bodies established for promotion of athletic or amateur games or sports.
350.	Exemption of profits from lotteries.
351.	Exemption of sewers.
352.	Exemption of air raid protection works.
353.	Exemption of income from scholarships.
354.	Exemption of children's allowances.

Part XXII

Relief from Double Taxation

355.	Agreements relating to Northern Ireland and Great Britain.
356.	Further relief for certain double residents.
357.	Allowance of United Kingdom corporation tax as a credit against income tax.
358.	Convention with United States of America.
359.	Relief in respect of ships documented under laws of United States of America.
360.	Agreement with Canada.
361.	Agreements for relief from double taxation of income.
362.	Relief on profits from business of sea or air transport.
363.	Treatment of dividends for double taxation relief in certain cases.
364.	Determination of “reduced Irish rate” for section 363.
365.	Relief for foreign income tax in certain cases.
366.	Extension of relief in certain cases.

Part XXIII

Purchase and Sale of Securities

367.	Application of Part XXIII.
368.	Dealers in securities.
369.	Persons entitled to exemptions.
370.	Traders other then dealers in securities.

Part XXIV

Purchases of Shares by Financial Concerns and Persons Exempted from Tax and Restriction on Relief for Losses by Repayment of Tax in case of Dividends paid out of Accumulated Profits

371.	Purchases of shares by financial concerns and persons exempted from tax.
372.	Restriction on relief for losses by repayment of tax in case of dividends paid out of accumulated profits.

Part XXV

Temporary Relief from Taxation

Profits from Trading Within Shannon Airport

373.	Definitions.
374.	Exempted trading operations.
375.	Disregard of profits or losses in the case of exempted trading operations.
376.	Transactions between associated persons.
377.	Delivery of statements, etc.
378.	Exemption from Chapter IV.
379.	Reduction of certain deductions.
380.	Dividends.
381.	Provision for annual payments and patent royalties.

Profits of Certain Mines

Profits from Coal-Mining Operations

393.	Definitions.
394.	General restriction on relief.
395.	Relief-existing coal-mining operations.
396.	Dividends.
397.	Appeals.

Profits from Export of certain Goods

398.	Definitions generally.
399.	Meaning of “goods”.
400.	Ship building and repair.
401.	Goods exported by the Pigs and Bacon Commission and An Bord Bainne.
402.	Year of claim.
403.	Standard period.
404.	Basis of relief from tax.
405.	Alternative relief on total exports.
406.	Certain manufacturing services.
407.	Changes of proprietorship.
408.	Discontinuance of trade.
409.	Transfer of part of trade.
410.	Exclusions, dividends, etc.
411.	Adjustments of certain amounts.
412.	Transactions between associated persons and company succeeding to trade of another company.
413.	Production of documents and records.
414.	Appeals.

Part XXVI

Appeals

415.	Prohibition on alteration of assessment except on appeal.
416.	Appeals against assessment.
417.	Provision as to appeals.
418.	Power of Special Commissioners to order payment of tax in assessments under appeal.
419.	Agreement as to amount of tax not in dispute on an appeal against an assessment.
420.	Publication of reports of cases stated.
421.	Procedure on appeals.
422.	Power to issue precepts.
423.	Objection by inspector to schedules.
424.	Confirmation and amendment of assessments.
425.	Questions as to assessments or schedules.
426.	Summoning and examination of witnesses.
427.	Determination of liability in cases of default.
428.	Statement of case for High Court.
429.	Appeal to Circuit Court.
430.	Extension of section 428.
431.	Communication of decision of Special Commissioners.
432.	Making of claims, etc., and appeals and rehearings.

Part XXVII

Annual Payments

433.	Yearly interest, etc., payable wholly out of taxed profits.
434.	Interest, etc., not payable out of taxed profits.
435.	Annual payment payable out of dividend from which income tax is not deductible or is deductible at reduced rate.
436.	Payments subject to deduction for local rates.
437.	Disputes between tenants, landlords and others.

Part XXVIII

Special Provisions for Taxation of Settlors, etc., in respect of Settled or Transferred Income

Chapter I

Revocable Dispositions, Dispositions for Short Periods and Certain Dispositions in Favour of Children

438.	Income under revocable dispositions.
439.	Income under dispositions for short periods.
440.	Income of dispositions in favour of infants.
441.	Recovery of tax from trustee and payment to trustee of excess tax recoupment.
442.	Definitions.

Chapter II

Settlements on Children Generally

443.	Income settled on children.
444.	Irrevocable instruments.
445.	Meaning of “irrevocable instrument”.
446.	Recovery of tax from trustee and payment to trustee of excess tax recoupment.
447.	Definitions.
448.	Transfer of interests in trade to children.

Chapter III

Transfers of Income Arising from Securities

449.	Transfer of right to receive interest.

Part XXIX

Income Tax in Relation to Administration of Estates

450.	Interpretation.
451.	Limited interests in residue.
452.	Absolute interests in residue.
453.	Supplementary provisions as to absolute interests in residue.
454.	Special provisions as to certain interests in residue.
455.	Adjustments and furnishing of information.

Part XXX

Irish Dividends, etc.

General Provisions as to Dividends

456.	Deductions of tax from dividends.
457.	Amount of dividend from which deduction is to be made.

Explanation of Income Tax Deducted to be Annexed to Dividend and Interest Warrants

458.	Annexation of statement to warrants.

Part XXXI

Foreign Dividends, etc.

459.	Definitions.
460.	Dividends entrusted for payment in State.
461.	Dividends paid outside State and proceeds of sale of dividend coupons.
462.	Exemption of dividends of non-residents.

Part XXXII

Government and other Public Loans

463.	Exemption of interest on savings certificates.
464.	Issue of securities with exemption from tax.
465.	Exemption of non-interest-bearing securities.
466.	Payment of interest on Government securities without deduction of tax.
467.	Securities of Aer Lingus Teo., Aer Rianta Teo. and Aerlínte Éireann Teo.
468.	Securities of Agricultural Credit Corporation, Ltd.
469.	Conversions under Government Loans (Convertion) Act, 1951.
470.	Securities of Irish local authorities issued abroad.
471.	Securities of Electricity Supply Board and Córas Iompair Éireann.
472.	Stock of local authorities.
473.	Securities of Bord na Móna.
474.	Exemption of certain securities from tax.
475.	Funding bonds issue in respect of interest on certain debts.

Part XXXIII

Collection

476.	Collection of tax in public offices.
477.	Time for payment of tax.
478.	Issue of demand notes and receipts.
479.	Collection by means of stamps.
480.	Distraint.
481.	Collection and recovery of tax under Schedules A and B.
482.	Priority of tax over other debts.
483.	Commitment of defaulter to prison.
484.	Duty of employer as to tax payable by employees.
485.	Recovery by sheriff or county registrar.
486.	Power of Collector and authorised officers to sue.
487.	Continuance of pending proceedings.
488.	High Court proceedings.
489.	Evidence in proceedings for recovery of tax.
490.	Form of execution order in High Court or Circuit Court.
491.	Recovery of moneys due.
492.	Judgement for recovery of tax.
493.	Duration of imprisonment for non-payment of tax.
494.	Recovery of tax charged on profits not distrainable.
495.	Proceedings against a collector or his sureties.

Part XXXIV

Repayment

496.	Repayment for interest paid to banks, discount houses, etc.
497.	Rate of tax at which repayments are to be made.
498.	Limit of time for repayment claims.

Part XXXV

Penalties and Assessments

499.	Application of Part XXXV.
500.	Penalties for failure to make certain returns, etc.
501.	Penalty for fraudulently or negligently making incorrect returns, etc.
502.	Provisions supplementary to section 501.
503.	Increased penalties in the case of body of persons.
504.	Proceedings against executor or administrator.
505.	Penalty for assisting in making incorrect return, etc.
506.	Evidence of income for purposes of Part XXXV.
507.	Failure to act within required time.
508.	Recovery of penalties.
509.	Definitions.
510.	Proceedings for certain penalties.
511.	Time limit for recovery of fines and penalties.
512.	Mitigation and application of fines and penalties.
513.	Power to add penalties to assessments.
514.	Saving for criminal proceedings.
515.	Fine for obstruction of officers in execution of duties.
516.	Penalty for false statement made to obtain allowance.
517.	Time for certain summary proceedings.
518.	False evidence: punishment as for perjury.
519.	Limitation of penalties on officers employed in execution of Act.
520.	Refusal to allow deduction of tax.
521.	Admissibility of statements and documents in criminal and tax proceedings.

Part XXXVI

Sur-tax, Sur-tax on Undistributed Income of Certain Companies and Deductions of Sur-tax from Emoluments

Sur-Tax

522.	Charge to sur-tax.
523.	Deduction in charging sur-tax.
524.	Method of estimating income for sur-tax purposes.
525.	Sur-tax to be charged on consideration for certain restrictive covenants, etc.
526.	Assessment, collection and recovery of sur-tax.
527.	Delivery of particulars.
528.	Estimation of certain amounts.
529.	Payment of reduced amount of sur-tax pending determination of appeal.

Sur-Tax on Undistributed Income of Certain Companies

530.	Undistributed income of companies.
531.	Protection for companies which transmit accounts to the Special Commissioners.