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 3th day of April, 1930, at the same rates as those at which it was charged for the year beginning on the 8th 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 net 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.