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3 2008

Finance Act 2008

PART 5

Capital Acquisitions Tax

Interpretation (Part 5).

126 .— In this Part “ Principal Act ” means the Capital Acquisitions Tax Consolidation Act 2003 .

Amendment of section 57 (overpayment of tax) of Principal Act.

127 .— (1) Section 57 of the Principal Act is amended in subsection (3) by substituting “the valuation date or the date of the payment of the tax concerned (where that tax has been paid within 4 months after the valuation date)” for “the later of the valuation date or the date of the payment of the tax concerned”.

(2) This section applies to claims for repayment of tax made on or after 31 January 2008.

Amendment of section 62 (certificate relating to registration of title based on possession) of Principal Act.

128 .— (1) Section 62 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting the following for the definition of “the Act of 1964”:

“ ‘ Act of 1964 ’ means the Registration of Title Act 1964 , as amended by the Registration of Deeds and Title Act 2006 ;”,

(ii) by deleting the definition of “the Registrar”,

(iii) by inserting the following after “Act of 1964”:

“ ‘ Authority ’ means the Property Registration Authority established by section 9 of the Registration of Deeds and Title Act 2006 ;”, and

(iv) by substituting “Authority” for “Registrar” in paragraph (a) of the definition of “relevant period”,

and

(b) in subsections (2), (3) and (7) by substituting “Authority” for “Registrar” in each place where it occurs.

(2) This section applies to applications to register property made on or after 4 November 2006.

Amendment of section 106 (arrangements for relief from double taxation) of Principal Act.

129 .— (1) Section 106 of the Principal Act is amended—

(a) by substituting for “and that it is expedient that those arrangements should have the force of law, the arrangements shall, notwithstanding anything in any enactment, have the force of law.” the following:

“and that it is expedient that those arrangements should have the force of law and the order so made is referred to in the Table to this section, the arrangements shall, notwithstanding anything in any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of—

(i) the insertion of the Table, or

(ii) the insertion of a reference to the order in the Table,

whichever is the later.”,

and

(b) by inserting the following after subsection (5):

“TABLE

Part 1

ARRANGEMENTS MADE BY THE GOVERNMENT WITH THE GOVERNMENT OF ANY TERRITORY OUTSIDE THE STATE IN RELATION TO AFFORDING RELIEF FROM DOUBLE TAXATION AND EXCHANGING INFORMATION IN RELATION TO TAX

1. The Double Taxation Relief (Taxes on Estates of Deceased Persons and Inheritances and on Gifts) (United Kingdom) Order 1978 (S.I. No. 279 of 1978).

Part 2

ARRANGEMENTS IN RELATION TO THE EXCHANGE OF INFORMATION RELATING TO TAX AND IN RELATION TO OTHER MATTERS RELATING TO TAX”.

(2) This section has effect from 31 January 2008.