IE-2024-act-43 — Act No. 43 of 2024

PART 1 Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax – Chapter 1 Interpretation Interpretation ( Part 1 ) 1. In this Part, “Principal Act” means the Taxes Consolidation Act 1997 . PART 1 Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax – Chapter 2 Universal Social Charge Amendment of section 531AN of Principal Act (rate of charge) 2. (1) Section 531AN of the Principal Act is amended— (a) in subsection (3), by the substitution of “€27,382” for “€25,760”, and (b) by the substitution of the following for Part 1 of the Table to that section: “Part 1 Part of aggregate income (1) Rate of universal social charge (2) The first €12,012 0.5 per cent The next €15,370 2 per cent The next €42,662 3 per cent The remainder 8 per cent ”. (2) Subsection (1) applies for the year of assessment 2025 and each subsequent year of assessment. PART 1 Universal Social Charge, Income Tax, Corporation Tax and Capital Gains Tax – Chapter 3 Income Tax Rate of charge and personal tax credits 3. As respects the year of assessment 2025 and subsequent years of assessment, the Principal Act is amended— (a) in section 15— (i) in subsection (3)(i), by the substitution of “€35,000” for “€33,000”, and (ii) by the substitution of the following Table for the Table to that section: “TABLE PART 1 Part of taxable income (1) Rate of tax (2) Description of rate (3) The first €44,000 20 per cent the standard rate The remainder 40 per cent the higher rate PART 2 Part of taxable income (1) Rate of tax (2) Description of rate (3) The first €48,000 20 per cent the standard rate The remainder 40 per cent the higher rate PART 3 Part of taxable income (1) Rate of tax (2) Description of rate (3) The first €53,000 20 per cent the standard rate The remainder 40 per cent the higher rate ”, (b) in section 461— (i) in paragraph (a), by the substitution of “€4,000” for “€3,750”, (ii) in paragraph (b), by the substitution of “€4,000” for “€3,750”, and (iii) in paragraph (c), by the substitution of “€2,000” for “€1,875”, (c) in section 462B(3), by the substitution of “€1,900” for “€1,750”, (d) in section 465(1), by the substitution of “€3,800” for “€3,500”, (e) in section 466(2), by the substitution of “€305” for “€245”, (f) in section 466A(2), by the substitution of “€1,950” for “€1,800”, (g) in section 468(2)— (i) by the substitution of “€1,950” for “€1,650”, and (ii) by the substitution of “€3,900” for “€3,300”, (h) in section 472(4), by the substitution of “€2,000” for “€1,875” in each place where it occurs, and (i) in section 472AB— (i) in subsection (2), by the substitution of “€2,000” for “€1,875” in each place where it occurs, and (ii) in subsection (3), by the substitution of “€2,000” for “€1,875” in each place where it occurs. Amendment of section 472BB of Principal Act (sea-going naval personnel credit) 4. Section 472BB(3) of the Principal Act is amended by the substitution of “Where for any of the years of assessment 2021 to 2029 (both years inclusive)” for “Where for the year of assessment 2021, 2022, 2023 or 2024”. Amendment of section 473B of Principal Act (rent tax credit) 5. (1) Section 473B of the Principal Act is amended— (a) in subsection (1), in the definition of “specified amount”— (i) in paragraph (a), by the substitution of “€10,000” for “€5,000”, and (ii) in paragraph (b), by the substitution of “€5,000” for “€2,500”, and (b) in subsection (13)— (i) by the substitution of “€1,000” for “€750”, and (ii) by the substitution of “€2,000” for “€1,500”. (2) Subsection (1) shall be deemed to have come into operation on 1 January 2024. Amendment of section 473C of Principal Act (mortgage interest tax relief) 6. Section 473C of the Principal Act is amended— (a) in subsection (1)— (i) by the substitution of the following definition for the definition of “qualifying period”: “ ‘qualifying period’ means— (a) for the purposes of subsection (4), the period commencing on 1 January 2023 and ending on 31 December 2023, and (b) for the purposes of subsection (4A), the period commencing on 1 January 2024 and ending on 31 December 2024;”, and (ii) by the substitution of the following definition for the definition of “relievable interest”: “ ‘relievable interest’ has the meaning given to it— (a) by subsection (4), in the case of the year of assessment 2023, and (b) by subsection (4A), in the case of the year of assessment 2024;”, (b) in subsection (2), by the substitution of “a qualifying period referred to in paragraph (a) or (b), as the case may be, of the definition of that term in subsection (1)” for “the qualifying period”, (c) in subsection (4)(a), by the substitution of “For the purposes of this section, in respect of a claim under subsection (2) for the year of assessment 2023,” for “For the purposes of this section,”, (d) by the insertion of the following subsection after subsection (4): “(4A) (a) For the purposes of this section, in respect of a claim under subsection (2) for the year of assessment 2024, relievable interest, in relation to an individual, shall be an amount determined by the formula— A - B where— A is the amount of qualifying interest for the year of assessment 2024, and B is the amount of qualifying interest for the year of assessment 2022. (b) Where qualifying interest paid for a year of assessment referred to in paragraph (a) is for a period where the number of days in the years of assessment to which ‘A’ and ‘B’ in the formula in paragraph (a) relate are not the same, the amount of qualifying interest represented by ‘A’ or ‘B’, as the case may be, in the formula in paragraph (a) shall— (i) where the number of days in the year of assessment to which ‘A’ relates is greater than the number of days in the year of assessment to which ‘B’ relates, be determined by the following formula— A × D/E and (ii) where the number of days in the year of assessment to which ‘B’ relates is greater than the number of days in the year of assessment to which ‘A’ relates, be determined by the following formula— B × D/E where— D is the number of days in the year of assessment with the lesser number of days, and E is the number of days in the year of assessment with the greatest number of days.”, (e) in subsection (5), by the substitution of “Where, for the year of assessment 2023” for “Where, for a year of assessment”, (f) by the insertion of the following subsection after subsection (5): “(5A) Where, for the year of assessment 2024, qualifying interest referred to in subsection (4A) is for a period of less than 365 days, then— (a) where— (i) the number of days in the year of assessment to which ‘A’ in the formula in subsection (4A) relates is less than 365 and the number of days in the year of assessment to which ‘B’ in the formula in subsection (4A) relates is equal to 365, or (ii) the number of days in the year of assessment to which ‘B’ in the formula in subsection (4A) relates is less than 365 and the number of days in the year of assessment to which ‘A’ in the formula in subsection (4A) relates is equal to 365, the upper limit shall be determined by the formula— F × G/H or (b) where the number of days in the year of assessment to which ‘A’ in the formula in subsection (4A) relates is less than 365 and the number of days in the year of assessment to which ‘B’ in the formula in subsection (4A) relates is less than 365, then, the upper limit shall be determined by the formula— F × I/J where— F is €6,250, G is the number of days in the year of assessment with the lesser number of days, H is the number of days in the year of assessment with the greater number of days, I is the number of days in the year of assessment with the lesser number of days, and J is 365 days.”, (g) in subsection (7)(a), by the substitution of “a qualifying period referred to in paragraph (a) or (b), as the case may be, of the definition of that term in subsection (1)” for “the qualifying period”, (h) in subsection (8)(a), by the substitution of “the calendar year 2023 or 2024, as the case may be,” for “the calendar year 2023”, (i) in subsection (9)(b), by the substitution of “subsection (4) or (4A), as the case may be” for “subsection (4)”, and (j) in subsection (11)(e), by the substitution of the following subparagraphs for subparagraphs (i) and (ii): “(i) the qualifying interest paid by the claimant for— (I) the year of assessment 2022, (II) the qualifying period referred to in paragraph (a) of the definition of that term in subsection (1) to which the claim relates, or (III) the qualifying period referred to in paragraph (b) of the definition of that term in subsection (1) to which the claim relates, (ii) where subsection (9)(b) applies, the total qualifying interest paid by all of the individuals concerned for— (I) the year of assessment 2022, (II) the qualifying period referred to in paragraph (a) of the definition of that term in subsection (1) to which the claim relates, or (III) the qualifying period referred to in paragraph (b) of the definition of that term in subsection (1) to which the claim relates, and”. Amendment of section 477C of Principal Act (Help to Buy) 7. Section 477C of the Principal Act is amended— (a) in subsection (1)— (i) in the definition of “qualifying period”, by the substitution of “31 December 2029” for “31 December 2025”, and (ii) in paragraph (c) of the definition of “qualifying residence”, by the deletion of “and a direct sales agreement (within the meaning of section 7 of the Act of 2021)”, (b) in subsection (5A), by the substitution of “31 December 2029” for “31 December 2025”, (c) in subsection (8)(b), by the substitution of “2029” for “2025”, (d) in subsection (16)(a), in subparagraphs (ii) and (iii), by the substitution of “31 December 2029” for “31 December 2025”, and (e) in subsection (25), by the substitution of “31 December 2029” for “31 December 2025”. Amendment of section 112B of Principal Act (granting of vouchers) 8. (1) Section 112B of the Principal Act is amended— (a) in subsection (1), by the substitution of the following definition for the definition of “qualifying incentive”: “ ‘qualifying incentive’ means a relevant incentive that is the first, second, third, fourth or fifth relevant incentive given to an employee in a year of assessment where— (a) in the case of a first relevant incentive, the value does not exceed €1,500, (b) in the case of a second relevant incentive, the cumulative value of the first and second relevant incentives does not exceed €1,500, (c) in the case of a third relevant incentive, the cumulative value of the first, second and third relevant incentives does not exceed €1,500, (d) in the case of a fourth relevant incentive, the cumulative value of the first, second, third and fourth relevant incentives does not exceed €1,500, and (e) in the case of a fifth relevant incentive, the cumulative value of the first, second, third, fourth and fifth relevant incentives does not exceed €1,500;”, and (b) by the insertion of the following subsection after subsection (2): “(3) This section shall cease to have effect for the year of assessment 2030 and subsequent years of assessment.”. (2) Subject to subsection (3) (inserted by subsection (1)(b) ) of section 112B of the Principal Act, subsection (1)(a) applies for the year of assessment 2025 and each subsequent year of assessment. Amendment of section 118 of Principal Act (benefits in kind: general charging provision) 9. (1) Section 118 of the Principal Act is amended by the substitution of the following subsection for subsection (5H): “(5H) (a) Subsection (1) shall not apply to expense incurred by the body corporate in, or in connection with, the provision, for a director or employee, in any of its business premises, of a facility for the electric charging of vehicles, where all the employees and directors of that body corporate can avail of the facility. (b) Subsection (1) shall not apply to expense incurred by the body corporate in, or in connection with, the provision, without any transfer of property in it, for a director or employee, of a facility for the charging of an electric vehicle at the director’s or employee’s qualifying residence, where an electric vehicle, to which section 121 or 121A, as the case may be, applies, is made available to the director or employee. (c) In this subsection— ‘electric vehicle’ has the meaning assigned to it by section 121; ‘qualifying residence’ means a residential premises situated in the State which is occupied by a director or employee, as the case may be, as his or her sole or main residence for the year of assessment concerned.”. (2) Subsection (1) applies for the year of assessment 2025 and each subsequent year of assessment. Amendment of section 121 of Principal Act (benefit of use of car) 10. Section 121(4A) of the Principal Act is amended— (a) in paragraph (aa)(iii), by the substitution of “subject to paragraph (ab), €35,000” for “€35,000”, (b) in paragraph (ab)— (i) by the substitution of “years of assessment 2023, 2024 and 2025” for “years of assessment 2023 and 2024”, and (ii) in subparagraph (i)— (I) by the substitution of “subparagraph (i), (ii) or (iii)” for “subparagraph (i) or (ii)”, and (II) in clause (I), by the substitution of “subparagraph (i), (ii) or (iii)” for “subparagraph (i) or (ii)”, and (c) in paragraph (ba), by the substitution of “years of assessment 2023, 2024 and 2025” for “years of assessment 2023 and 2024”. Amendment of section 121A of Principal Act (benefit of use of van) 11. Section 121A(2)(b) of the Principal Act is amended— (a) in subparagraph (vii)(III), by the substitution of “subject to subparagraph (viii), €35,000” for “€35,000”, (b) in subparagraph (viii), (i) by the substitution of “years of assessment 2023, 2024 and 2025” for “years of assessment 2023 and 2024”, and (ii) in clause (I)— (I) by the substitution of “clause (I), (II) or (III)” for “clause (I) or (II)”, and (II) in subclause (A) by the substitution of “clause (I), (II) or (III)” for “clause (I) or (II)”. Employer contributions to PRSAs and PEPPs 12. The Principal Act is amended— (a) in section 118, by the substitution of the following subsection for subsection (5): “(5) Subsection (1) shall not apply to expense incurred by the body corporate in or in connection with the provision for a director or employee, or for the director’s or employee’s spouse, civil partner, children or dependants, or for the children of the director’s or employee’s civil partner, of any— (a) pension, annuity, lump sum or gratuity, (b) contribution to a Personal Retirement Savings Account (within the meaning of Chapter 2A of Part 30), provided that contribution does not exceed the employer limit (within the meaning of section 787A), (c) contribution to a PEPP (within the meaning of Chapter 2D of Part 30), provided that contribution does not exceed the employer limit (within the meaning of section 787V), or (d) other like benefit to be given on the death or retirement of the director or employee.”, (b) in section 787A(1), by the insertion of the following definitions: “ ‘emoluments’ has the same meaning as in Chapter 4 of Part 42; ‘employer limit’, in relation to a contribution by an employer to an employee’s PRSA, means an amount not exceeding— (a) 100 per cent of the employee’s emoluments in the year of assessment from that employer, or (b) where the employee’s emoluments for the year of assessment from that employer are lower than that employee’s emoluments for the previous year of assessment from that employer by virtue of— (i) receipt of a benefit paid under the Social Welfare Consolidation Act 2005 to which section 126 applies, (ii) a period of unpaid leave approved by the employer, or (iii) a period of sick leave at a reduced rate of emoluments or in respect of which no emoluments are paid by the employer, 100 per cent of the employee’s emoluments from that employer in the previous year of assessment;”, (c) in section 787E, by the insertion of the following subsection after subsection (1): “(1A) Where an employer makes a contribution to an employee’s PRSA and the total of such contributions exceeds the employer limit, the sum of those contributions made, less the employer limit, shall be chargeable to tax as income of the employee, in accordance with section 118(1).”, (d) in section 787J— (i) in subsection (2), by the substitution of “Subject to subsections (2A) and (3)” for “Subject to subsection (3)”, and (ii) by the insertion of the following subsection after subsection (2): “(2A) Subsection (2) shall not apply to that portion of an employer’s contributions to an employee’s PRSA that exceeds the employer limit for that employee.”, (e) in section 787V(1), by the insertion of the following definitions: “ ‘emoluments’ has the same meaning as in Chapter 4 of Part 42; ‘employer limit’, in relation to a contribution by an employer to an employee’s PEPP, means an amount not exceeding— (a) 100 per cent of the employee’s emoluments in the year of assessment from that employer, or (b) where the employee’s emoluments for the year of assessment from that employer are lower than that employee’s emoluments for the previous year of assessment from that employer by virtue of— (i) receipt of a benefit paid under the Social Welfare Consolidation Act 2005 to which section 126 applies, (ii) a period of unpaid leave approved by the employer, or (iii) a period of sick leave at a reduced rate of emoluments or in respect of which no emoluments are paid by the employer, 100 per cent of the employee’s emoluments in the previous year of assessment from that employer;”, (f) in section 787Z by the insertion of the following subsection after subsection (1): “(1A) Where an employer makes a contribution to an employee’s PEPP and the total of such contributions exceeds the employer limit, the sum of those contributions made, less the employer limit, shall be chargeable to tax as income of the employee, in accordance with section 118(1).”, and (g) in section 787AD— (i) in subsection (2), by the substitution of “Subject to subsections (2A) and (3)” for “Subject to subsection (3)”, and (ii) by the insertion of the following subsection after subsection (2): “(2A) Subsection (2) shall not apply to that portion of an employer’s contributions to an employee’s PEPP that exceeds the employer limit for that employee.”. Pensions (standard fund threshold) 13. The Principal Act is amended— (a) in section 787O(1)— (i) by the insertion of the following definition: “ ‘quarterly estimate for average weekly earnings’ means the quarterly estimate for average weekly earnings contained in the Earnings, Hours and Employment Costs Survey published by the Central Statistics Office, from information obtained pursuant to the Job Vacancy Survey and the Labour Costs Survey conducted by that Office pursuant to orders made under section 25 of the Statistics Act 1993 , or any equivalent survey conducted and published from time to time by that Office pursuant to orders so made;”, and (ii) by the substitution of the following definition for the definition of “standard fund threshold”: “ ‘standard fund threshold’, in relation to an individual for a year of assessment, means— (a) for each of the years of assessment 2014 to 2025, €2,000,000, (b) for the year of assessment 2026, €2,200,000, (c) for the year of assessment 2027, €2,400,000, (d) for the year of assessment 2028, €2,600,000, (e) for the year of assessment 2029, €2,800,000, (f) for the year of assessment 2030, the higher of €2,800,000 or an amount determined by the formula— €2,800,000 × (A/B) where— A is the quarterly estimate for average weekly earnings for the third quarter of 2029, and B is the quarterly estimate for average weekly earnings for the first quarter of 2025, and (g) for the year of assessment 2031 and each subsequent year of assessment (each of which said year of assessment is referred to in this paragraph as the ‘relevant year’) the higher of the standard fund threshold for the year of assessment immediately preceding the relevant year or an amount determined by the formula— S × (A/B) where— S is the standard fund threshold for the year of assessment immediately preceding the relevant year, A is the quarterly estimate for average weekly earnings for the third quarter of the year immediately preceding the relevant year, and B is the quarterly estimate for average weekly earnings for the third quarter of the year immediately preceding the year preceding the relevant year;”, (b) in section 790AA(1)(a), by the substitution of the following definition for the definition of “standard chargeable amount”: “ ‘standard chargeable amount’ means €500,000 less the tax free amount;”, and (c) in Schedule 23B— (i) in paragraph 2, by the insertion of the following subparagraph after subparagraph (ba): “(baa) the individual transfers assets from the PRSA into a vested PRSA within the meaning of section 790D(1),”, and (ii) in paragraph 3, by the insertion of the following subparagraph after subparagraph (da): “(daa) where the benefit crystallisation event is an event of a kind referred to in paragraph 2(baa), the aggregate of the amount of so much of the cash sums and the market value of the assets transferred to the vested PRSA within the meaning of section 790D(1),”. Automatic enrolment retirement savings system 14. (1) Part 30 of the Principal Act is amended by the insertion of the following Chapter after Chapter 2D: “CHAPTER 2E Automatic Enrolment Retirement Savings System Interpretation (Chapter 2E) 787AE. In this Chapter— ‘Act of 2024’ means the Automatic Enrolment Retirement Savings System Act 2024 ; ‘AE provider scheme’ has the same meaning as it has in the Act of 2024; ‘Authority’ means An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir; ‘balance’ has the same meaning as it has in Part 5 of the Act of 2024; ‘contributing participant’ has the same meaning as it has in the Act of 2024; ‘contribution’ has the same meaning as it has in the Act of 2024; ‘emoluments’ has the same meaning as it has in Chapter 4 of Part 42; ‘employee’ has the same meaning as it has in Chapter 4 of Part 42; ‘employer’ has the same meaning as it has in Chapter 4 of Part 42; ‘employer contribution’ has the same meaning as it has in the Act of 2024; ‘investment management provider’ has the same meaning as it has in the Act of 2024; ‘participant’ has the same meaning as it has in the Act of 2024; ‘participant account’, in relation to a participant, means the account maintained for the participant by the Authority under section 76 of the Act of 2024; ‘participant contribution’ has the same meaning as it has in the Act of 2024; ‘personal representative’ has the same meaning as it has in Part 5 of the Act of 2024; ‘redemption date’ shall be construed in accordance with Chapter 2 of Part 5 of the Act of 2024; ‘redemption value’, in relation to units in an AE provider scheme on any date, has the same meaning as it has in Part 5 of the Act of 2024; ‘Revenue officer’ means an officer of the Revenue Commissioners; ‘State contribution’ has the same meaning as it has in the Act of 2024; ‘unit’, in relation to an AE provider scheme, has the same meaning as it has in Part 4 of the Act of 2024. Allowance to employer 787AF. (1) For the purposes of this section, ‘chargeable period’ means an accounting period of a company or a year of assessment. (2) Subject to subsection (3), any employer contribution in respect of a contributing participant shall, for the purposes of Case I or II of Schedule D and of sections 83 and 707(4), be allowed to be deducted as an expense, or expense of management, incurred in the chargeable period in which the sum is paid but no other sum shall for those purposes be allowed to be deducted as an expense, or expense of management, in respect of the making, or any provision for the making, of any such contributions. (3) The amount of an employer’s contribution which may be deducted under subsection (2) shall not exceed the amount contributed by that employer to the Authority in respect of an employee in a trade or undertaking in respect of the profits of which the employer is assessable to income tax or corporation tax, as the case may be. Repayments to employer 787AG. Where a repayment of employer contributions is made or becomes due to an employer under section 64 of the Act of 2024 as a result of an overpayment of contributions to the Authority, the repayment shall be treated for the purposes of the Tax Acts as a receipt of that trade or undertaking receivable when the repayment is due or on the last day on which the trade or undertaking is carried on by the employer, whichever is the earlier. Exemption of AE provider schemes 787AH. (1) Exemption from income tax shall, on a claim being made in that behalf, be allowed in respect of income derived from investments or deposits of assets held in an AE provider scheme if it is income from investments or deposits held for the purposes of the scheme. (2) (a) In this subsection, ‘financial futures’ and ‘traded options’ mean respectively financial futures and traded options for the time being dealt in or quoted on any futures exchange or any stock exchange, whether or not that exchange is situated in the State. (b) For the purposes of subsection (1), a contract entered into in the course of dealing in financial futures or traded options shall be regarded as an investment. (3) Exemption from income tax shall, on a claim being made in that behalf, be allowed in respect of underwriting commissions if the underwriting commissions are applied for the purposes of the AE provider scheme and in respect of which the Authority would, but for this subsection, be chargeable to tax under Case IV of Schedule D. Taxation of payments from automatic enrolment retirement savings system 787AI. (1) Subject to subsections (2), (3) and (4)— (a) the balance of any funds, after any lump sum withdrawn in accordance with subsection (3), that a participant withdraws from his or her participant account, or that the Authority credits to the participant’s personal representative, shall, notwithstanding anything in section 18 or 19, be treated as a payment to the participant of emoluments to which Schedule E applies and, accordingly, the provisions of Chapter 4 of Part 42 shall apply to any such payment or amount treated as a payment, and (b) the Authority shall deduct tax from the balance held in that participant’s account at the higher rate for the year of assessment in which the balance is made available unless the Authority has received from the Revenue Commissioners a revenue payroll notification (within the meaning of section 983) for that year in respect of the participant. (2) The Authority shall be liable to pay to the Collector-General the income tax which the Authority is required to deduct from any balance withdrawn by a participant by virtue of this section and the individual beneficially entitled to the balance withdrawn by that participant from their participating account, including the personal representatives of a deceased individual who was so entitled prior to the individual’s death, shall allow such deduction; but where there are no funds or insufficient funds available out of which the Authority may satisfy the tax required to be deducted, the amount of such tax for which there are insufficient funds available shall be a debt due to the Authority from the individual beneficially entitled to the balance held in the participant account or from the estate of the deceased individual, as the case may be. (3) Subsection (1) shall not apply to an amount made available, at the time the participant makes an application to withdraw the balance referred to in a notification under section 82(1)(d) of the Act of 2024, by way of a lump sum (in accordance with section 83(1)(a) of the Act of 2024) of an amount not exceeding 25 per cent of the value of the balance paid at that time. (4) For the purposes of this Chapter, the circumstances in which the Authority shall be treated as making assets held as units in an AE provider scheme available to an individual shall include— (a) any amount credited to the participant’s account by the Authority, and (b) any circumstances whereby assets cease to be held by the Authority on behalf of the participant or a personal representative.”. (2) Subsection (1) shall come into operation on the making of an order to that effect by the Minister for Finance. Automatic enrolment retirement savings system (amendments consequential on insertion of Chapter 2E in Part 30) 15. (1) The Principal Act is amended— (a) in section 118, by the insertion of the following subsection after subsection (5L): “(5M) Subsection (1) shall not apply to expense incurred by the body corporate in the provision for an employee (within the meaning of Chapter 2E of Part 30) of a contribution (within the meaning of Chapter 2E of Part 30).”, (b) in Part 7, by the insertion of the following section after section 192P: “Exemption in respect of State contribution under automatic enrolment retirement savings system 192Q. A State contribution (within the meaning of the Automatic Enrolment Retirement Savings System Act 2024 ) shall be exempt from income tax and shall not be reckoned in computing total income for the purposes of the Income Tax Acts or in computing amounts chargeable to universal social charge in accordance with Part 18D.”, (c) in section 246(3)— (i) in paragraph (i), by the substitution of “such subsidiary,” for “such subsidiary, or”, (ii) in paragraph (j), by the substitution of “such subsidiary,” for “such subsidiary.”, and (iii) by the insertion of the following paragraphs after paragraph (j): “(k) interest paid to the Authority (within the meaning of Chapter 2E of Part 30), or (l) interest paid by the Authority (within the meaning of Chapter 2E of Part 30).”, (d) in section 256(1), in the definition of “relevant deposit”— (i) in paragraph (a)— (I) in subparagraph (v), by the substitution of “The Investor Compensation Company Limited,” for “The Investor Compensation Company Limited, or”, (II) in subparagraph (vi), by the substitution of “Icarom plc, or” for “Icarom plc,”, and (III) by the insertion of the following subparagraph after subparagraph (vi): “(vii) An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir,”, (ii) in paragraph (k), by the substitution of “Revenue Commissioners,” for “Revenue Commissioners, or”, (iii) in paragraph (l), by the substitution of “relevant deposit taker, or” for “relevant deposit taker;”, and (iv) by the insertion of the following paragraph after paragraph (l): “(m) which is made by the Authority (within the meaning of Chapter 2E of Part 30) in respect of contributions (within the meaning of the Automatic Enrolment Retirement Savings System Act 2024 ) made to the Authority;”, (e) in section 608(2), by the substitution of “PEPP assets (within the meaning of Chapter 2D of Part 30) or held by or on behalf of that person as units in an AE provider scheme (within the meaning of Chapter 2E of Part 30)” for “PEPP assets (within the meaning of Chapter 2D of Part 30)”, (f) in section 706(3), by the insertion of the following paragraph after paragraph (e): “(f) any contract with an AE provider scheme (within the meaning of the Automatic Enrolment Retirement Savings System Act 2024 );”, (g) in section 739D(6), by the insertion of the following paragraph after paragraph (kc): “(kd) is a participant within the meaning of the Automatic Enrolment Retirement Savings System Act 2024 , the units are held by the Authority within the meaning of that Act on behalf of the participant and the Authority has made a declaration to that effect to the investment undertaking,”, (h) in section 787O(1)— (i) in the definition of “administrator”— (I) in paragraph (d), by the substitution of “section 787U,” for “section 787U, and”, (II) in paragraph (e), by the substitution of “Chapter 2D, and” for “Chapter 2D;”, and (III) by the insertion of the following paragraph after paragraph (e): “(f) An tÚdarás Náisiúnta um Uathrollú Coigiltis Scoir;”, (ii) in the definition of “member”, by the substitution of “Chapter 2D, a participant within the meaning of Chapter 2E” for “Chapter 2D”, (iii) in the definition of “relevant pension arrangement”— (I) in paragraph (f), by the substitution of “paragraph (e),” for “paragraph (e), or”, (II) in paragraph (g), by the substitution of “that Chapter, or” for “that Chapter;”, and (III) by the insertion of the following paragraph after paragraph (g): “(h) the automatic enrolment retirement savings system means the system established, maintained and controlled by the Authority (within the meaning of Chapter 2E) under that Act of 2024;”, and (iv) by the insertion of the following definition: “ ‘participant’ has the same meaning as it has in Chapter 2E;”, and (i) in section 790AA(1)(a), in the definition of “relevant pension arrangement”— (i) in subparagraph (vii), by the substitution of “that Chapter,” for “that Chapter;”, and (ii) by the insertion of the following subparagraph after subparagraph (vii): “(viii) the automatic enrolment retirement savings system established, maintained and controlled by the Authority (within the meaning of Chapter 2E) under the Automatic Enrolment Retirement Savings System Act 2024 ;”. (2) Section 82C(1) of the Stamp Duties Consolidation Act 1999 is amended, in the definition of “pension scheme”— (a) in paragraph (g), by the substitution of “that Chapter, or” for “that Chapter;”, and (b) by the insertion of the following paragraph after paragraph (g): “(h) an AE provider scheme within the meaning of the Automatic Enrolment Retirement Savings System Act 2024 ;”. (3) Subsections (1) and (2) shall come into operation on the making of an order to that effect by the Minister for Finance. Amendment of Part 3 of Schedule 26A to Principal Act (approval of body as eligible charity) 16. Part 3 of Schedule 26A to the Principal Act is amended— (a) in paragraph 3(c)— (i) in clause (i), by the deletion of “for a period of not less than 2 years”, and (ii) in clause (ii), by the deletion of “at least 2 years before that date”, (b) in paragraph 3A, by the substitution of the following subparagraph for subparagraph (a): “(a) each restructured or amalgamated body held an authorisation as at the date of the initiation of the process of re-organisation, and”, and (c) in paragraph 3B, by the substitution of the following subparagraph for subparagraph (a): “(a) the restructured body held an authorisation as at the date of the initiation of the process of re-organisation, and”. Amendment of Chapter 1 of Part 7 of Principal Act 17. Chapter 1 of Part 7 of the Principal Act is amended— (a) in section 207— (i) in subsection (1)— (I) in paragraph (a), by the substitution of “are applied to charitable purposes only and provided the said application occurs before the cut-off point specified in subsection (1A)(a)(i)” for “are applied to charitable purposes only”, (II) in paragraph (b), by the substitution of “are applied to charitable purposes only and provided the said application occurs before the cut-off point specified in subsection (1A)(a)(ii)” for “are applied to charitable purposes only”, and (III) in paragraph (c), by the substitution of “are applied to those purposes and provided the said application occurs before the cut-off point specified in subsection (1A)(a)(iii)” for “are applied to those purposes”, and (ii) by the insertion of the following subsection after subsection (1): “(1A) (a) Subject to paragraph (b), the cut-off point referred to in each of paragraphs (a), (b) and (c) of subsection (1) shall in each such case be the end of the fifth year of assessment after the year of assessment in which there were received, as the case may be— (i) the rents and profits referred to in paragraph (a) of subsection (1), (ii) the income referred to in paragraph (b) of subsection (1), or (iii) the interest, annuities, dividends or shares of annuities referred to in paragraph (c) of subsection (1). (b) The Revenue Commissioners, or such officer of the Revenue Commissioners as they may authorise in that behalf, may allow an extension of the cut-off point specified in subparagraph (i), (ii) or (iii), as the case may be, of paragraph (a) subject to the Revenue Commissioners or that officer, as the case may be, being satisfied that— (i) the rents and profits referred to in paragraph (a)(i), (ii) the income referred to in paragraph (a)(ii), or (iii) the interest, annuities, dividends or shares of annuities referred to in paragraph (a)(iii), as the case may be, are in the process of being applied to charitable purposes.”, (b) in section 208— (i) in subsection (2)— (I) in paragraph (a), by the insertion of “and are applied solely to charitable purposes before the cut-off point specified in subsection (4)(a)(i)” after “owned and occupied by a charity”, and (II) in paragraph (b), by the substitution of “are applied solely to the purposes of the charity before the cut-off point specified in subsection (4)(a)(ii)” for “are applied solely to the purposes of the charity”, and (ii) by the insertion of the following subsection after subsection (3): “(4) (a) Subject to paragraph (b), the cut-off point referred to in each of paragraphs (a) and (b) of subsection (1) shall be the end of the fifth year of assessment after the year of assessment in which there were accrued, as the case may be— (i) the profits or gains referred to in subsection (1)(a), or (ii) the profits referred to in subsection (1)(b). (b) The Revenue Commissioners, or such officer of the Revenue Commissioners as they may authorise in that behalf, may allow an extension of the cut-off point specified in subparagraph (i) or (ii), as the case may be, of paragraph (a) subject to the Revenue Commissioners or that officer, as the case may be, being satisfied that the charity is in the process of applying, to charitable purposes— (i) the profits or gains referred to in paragraph (a)(i), or (ii) the profits referred to in paragraph (a)(ii).”, and (c) in section 208A, by the insertion of the following subsection after subsection (4): “(4A) Where a person or trust has received a determination in accordance with subsection (3) and has income in the State of a kind referred to in section 207 or 208, as the case may be, the Revenue Commissioners, or such officer of the Revenue Commissioners as they may authorise in that behalf, may allow an extension of the cut-off point referred to in section 207(1A) or section 208(4), as appropriate, subject to the Revenue Commissioners or that officer, as the case may be, being satisfied that the person or trust is in the process of applying the income concerned to charitable purposes.”. Amendment of section 235 of Principal Act (bodies established for promotion of athletic or amateur games or sports) 18. Section 235 of the Principal Act is amended— (a) in subsection (1)— (i) by the insertion of “and section 235A” after “In this section”, and (ii) in paragraph (b)(iii) of the definition of “approved body of persons”, by the substitution of “the year 2023” for “the year 2022”, and (b) in subsection (3)— (i) in paragraph (a), by the substitution of “clause (I)” for “paragraph (I)”, and (ii) in paragraph (b), by the substitution of “clause (II)” for “paragraph (II)”. Exemption for certain sporting national governing bodies 19. The Principal Act is amended by the insertion of the following section after section 235: “235A. (1) In this section— ‘appropriate tax’, ‘deposit’, ‘relevant deposit taker’ and ‘relevant interest’ have the same meaning, respectively, as they have in Chapter 4 of Part 8; ‘disability’, in relation to an individual, means a substantial restriction in the capacity of the individual— (a) to carry on a profession, business or occupation in the State, or (b) to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment; ‘elite athlete’ means an individual who— (a) is in receipt of financial support provided by Sport Ireland under the scheme commonly known as the Sport Ireland International Carding Scheme, or (b) competes at a senior level, and is a participant, in a high performance training programme of a relevant national governing body in respect of which programme the body receives, from Sport Ireland, financial support commonly known as the Sport Ireland High Performance Programme Funding; ‘maximum amount’ means €100,000,000; ‘Minister’ means the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media; ‘relevant national governing body’ means a body which— (a) is Olympic Federation of Ireland, Paralympics Ireland or recognised by Sport Ireland as a national governing body for a sport, (b) is listed as a ‘Type C’ organisation on the register maintained and published by Sport Ireland and known as the Register of Organisations in Compliance with the Governance Code for Sport, (c) is approved under subsection (4) for the purposes of this section by the Minister, (d) has been issued with a tax clearance certificate in accordance with section 1095 and such tax clearance certificate has not been rescinded under subsection (3A) of that section, and (e) is an approved body of persons; ‘qualifying project’, in relation to a relevant national governing body, means one or more of the following: (a) the purchase, construction or refurbishment of a building or structure, or part of a building or structure, to be used for sporting or recreation activities; (b) the purchase of land to be used in the provision of sporting or recreation facilities; (c) the purchase of permanently based equipment (excluding personal equipment) for use in the provision of sporting or recreation facilities; (d) the improvement of playing pitches, surfaces or facilities; (e) the repayment of, or the payment of interest on, money borrowed by a relevant national governing body on or after 1 January 2025 for any of the purposes referred to in paragraphs (a) to (d); (f) the purchase of sports equipment approved by the Minister as eligible for funding under the fund commonly known as the Community Sports Facilities Fund and that equipment is used for sporting or recreation activities; (g) measures to support elite athletes in achieving excellence in competitive sport; (h) measures which form part of a programme of a relevant national governing body commonly known as a Women in Sport programme in respect of which programme the body receives, from Sport Ireland, financial support commonly known as the Sport Ireland Women in Sport Programme Funding; (i) measures which enable the participation in sport of persons with a disability, and which form part of a programme of a relevant national governing body in respect of which programme the body receives, from Sport Ireland, financial support commonly known as the Sport Ireland Core Funding or Sport Ireland Field Sport Funding. (2) (a) Subject to paragraphs (b) and (c), exemption from income tax or, as the case may be, corporation tax shall apply to so much of the income of a relevant national governing body as is applied to a qualifying project before the end of the tenth year of assessment after the year of assessment in which the income was received. (b) The exemption under paragraph (a) shall not apply to any part of the income of a relevant national governing body which is used to purchase immovable property in or outside the State, either directly or through a company, which property is not used for sporting purposes. (c) Where a relevant national governing body has accumulated income in excess of the maximum amount, no exemption under paragraph (a) shall be given for the income in excess of that amount. (3) (a) Notwithstanding the generality of section 235, and subject to subsection (2), where income of a relevant national governing body is placed on deposit with a relevant deposit taker, so much of any relevant interest as is— (i) paid to a relevant national governing body, and (ii) applied to a qualifying project, shall be exempt from income tax or, as the case may be, corporation tax. (b) Notwithstanding section 261(b), repayment of the appropriate tax in respect of so much of any relevant interest as is exempt from tax under paragraph (a) shall be made to the relevant national governing body. (4) The Minister, on the making of an application by a body which satisfies the conditions specified in paragraph (a) to (e) of the definition in subsection (1) of ‘relevant national governing body’, may approve the body as a relevant national governing body for the purposes of this section. (5) (a) The Minister, on the making of an application by a relevant national governing body, may give a certificate to the body stating that a project may be treated as a qualifying project for the purposes of this section. (b) An application under this subsection shall be in such form and contain such information as the Minister may direct. (c) The Minister may, by notice in writing given to the body, revoke the certificate given in respect of a project under paragraph (a), and the project shall cease to be a qualifying project as respects any income applied to the project after the date of the notice.”. Amendment of section 847A of Principal Act (donations to certain sports bodies) 20. (1) Section 847A of the Principal Act is amended— (a) in subsection (1), in the definition of “appropriate certificate”, by the substitution of “subsection (9)(a)(i) or (11)(a)(i), as the case may be” for “subsection (9)”, (b) in subsection (2), by the substitution of “subsection (9)(a)(i) or (11)(a)(i), as the case may be” for “subsection (9)”, (c) in subsection (3)(b), by the substitution of “Subsections (5) to (8) of section 1094 shall apply” for “Subsections (5) to (9) of section 1094 shall apply”, (d) in subsection (5)— (i) in paragraph (d), by the substitution of “section 847AA or 848A, as the case may be, applies” for “section 848A applies”, (ii) in paragraph (f), by the substitution of “person connected (within the meaning of section 10) with the donor” for “person connected with the donor”, (iii) in paragraph (g), by the substitution of “person connected (within the meaning of section 10) with the donor” for “person connected with the donor”, and (iv) in paragraph (h)— (I) in subparagraph (ii), by the substitution of “subsection (9)(a)(i) or (11)(a)(i), as the case may be” for “subsection (9)”, and (II) in subparagraph (iii), by the substitution of “subsection (9)(a)(i) or (11)(a)(i), as the case may be” for “subsection (9)”, (e) by the substitution of the following subsection for subsection (9): “(9) (a) Where a relevant donation, other than a relevant donation to which subsection (18) applies, is made by an individual who is a chargeable person (within the meaning of Part 41A) for the relevant year of assessment, then the individual shall elect that subparagraph (i) or (ii) shall apply to the donation as follows: (i) in a case where the individual elects that this subparagraph shall apply— (I) the amount of the donation shall be deducted from or set off against any income of the individual chargeable to income tax for that year of assessment and tax shall, where necessary, be discharged or repaid accordingly, and (II) the total income of the individual or, where the individual’s spouse or civil partner is assessed to income tax in accordance with section 1017 or 1031C, the total income of the spouse or civil partner shall be calculated accordingly; (ii) in a case where the individual elects that this subparagraph shall apply, then the Tax Acts shall apply in relation to the approved sports body to which that donation is made as if— (I) the grossed up amount of the donation were an annual payment which was the income of that body received by it under deduction of tax, in the amounts and at the rates specified in the statement referred to in paragraph (b) of the definition of ‘appropriate certificate’, for the relevant year of assessment, and (II) the provisions of the Tax Acts which apply in relation to a claim to repayment of tax applied in relation to any claim to repayment of such tax by that body, but, if the total amount of the tax referred to in paragraph (b) of the definition of ‘appropriate certificate’ is not paid, the amount of any repayment which would otherwise be made to that body in accordance with this section shall not exceed the amount of tax actually paid by that individual. (b) For the purposes of paragraph (a)(i), any such deduction or set-off shall not be taken into account in determining the net relevant earnings (within the meaning of section 787) of the individual or, as the case may be, the individual’s spouse or civil partner for the relevant year of assessment. (c) The Revenue Commissioners may make regulations for the purposes of setting down the conditions under which an individual shall make the election referred to in paragraph (a). (d) For the purposes of paragraph (a)(i), an individual shall make a claim with the return required to be delivered by the individual under Chapter 3 of Part 41A for the relevant year of assessment. (e) For the purposes of applying the provisions of this subsection, the repayment referred to in paragraph (a)(ii) shall not be made to an approved sports body until on or after 1 December in the year following the year in which the relevant donation was made.”. (f) by the deletion of subsection (10), (g) by the substitution of the following subsection for subsection (11): “(11) (a) Where a relevant donation, other than a relevant donation to which subsection (18) applies, is made by an individual who is not an individual referred to in subsection (9), then the individual shall elect that subparagraph (i) or (ii) shall apply: (i) in a case where the individual elects that this subparagraph shall apply— (I) the amount of the donation shall be deducted from or set off against any income of the individual chargeable to income tax for that year of assessment and tax shall, where necessary, be discharged or repaid accordingly, and (II) the total income of the individual or, where the individual’s spouse or civil partner is assessed to income tax in accordance with section 1017 or 1031C, the total income of the spouse or civil partner shall be calculated accordingly; (ii) in a case where the individual elects that this subparagraph shall apply, then the Tax Acts shall apply in relation to the approved sports body to which that donation is made as if— (I) the grossed up amount of the donation were an annual payment which was the income of that body received by it under deduction of tax, in the amounts and at the rates specified in the statement referred to in paragraph (b) of the definition of ‘appropriate certificate’, for the relevant year of assessment, and (II) the provisions of the Tax Acts which apply in relation to a claim to repayment of tax applied in relation to any claim to repayment of such tax by that body, but, if the total amount of the tax referred to in paragraph (b) of the definition of ‘appropriate certificate’ is not paid, the amount of any repayment which would otherwise be made to that body in accordance with this section shall not exceed the amount of tax actually paid by that individual. (b) For the purposes of paragraph (a)(i), any such deduction or set-off shall not be taken into account in determining the net relevant earnings (within the meaning of section 787) of the individual or, as the case may be, the individual’s spouse or civil partner for the relevant year of assessment. (c) The Revenue Commissioners may make regulations for the purposes of setting down the conditions under which an individual shall make the election referred to in paragraph (a). (d) For the purposes of paragraph (a)(i), an individual shall make a claim through such electronic means as the Revenue Commissioners make available, providing— (i) full particulars of the relevant donation, (ii) a receipt as referred to in subsection (16), and (iii) any other relevant information that may reasonably be required by the Revenue Commissioners to determine whether the requirements of this section are met. (e) For the purposes of applying the provisions of this subsection, the repayment referred to in paragraph (a)(ii) shall not be made to an approved sports body until on or after 1 December in the year following the year in which the relevant donation was made.”, (h) by the substitution of the following for subsection (17): “(17) An approved sports body shall not be required to give a receipt under subsection (16) to a donor in respect of a relevant donation to which subsection (18) applies.”, and (i) in subsection (19), by the substitution of “neither section 235(2) nor 235A(2) shall apply” for “section 235(2) shall not apply”. (2) Subsection (1) applies for the year of assessment 2025 and each subsequent year of assessment. Deduction for donations to National Governing Bodies 21. The Principal Act is amended by the insertion of the following section after section 847A: “847AA. (1) In this section— ‘disability’, in relation to an individual, means a substantial restriction in the capacity of the individual— (a) to carry on a profession, business or occupation in the State, or (b) to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment; ‘elite athlete’ means a person that— (a) is in receipt of financial support provided by Sport Ireland under the scheme commonly known as the Sport Ireland International Carding Scheme, (b) competes at a senior level, and is a participant, in a high performance training programme of a national governing body in respect of which programme the person receives, from Sport Ireland, financial support commonly known as the Sport Ireland High Performance Programme Funding; ‘Minister’ means the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media; ‘national governing body’ means a body that— (a) is Olympic Federation of Ireland, Paralympics Ireland or recognised by Sport Ireland as a national governing body for a sport, and which— (i) is listed as a ‘Type B’ or ‘Type C’ organisation, as the case may be, on the register maintained and published by Sport Ireland and known as the Register of Organisations in Compliance with the Governance Code for Sport, and (ii) is approved for the purposes of this section by the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media, (b) has been issued with a tax clearance certificate in accordance with section 1095 and such tax clearance certificate has not been rescinded under subsection (3A) of that section, and (c) is an approved body of persons within the meaning of section 235(1); ‘project’, in relation to a national governing body, means one or more of the following: (a) the purchase of sports equipment approved by the Minister as eligible for funding under the fund commonly known as the Community Sports Facilities Fund and that equipment is used for sporting or recreation activities; (b) measures to support elite athletes in achieving excellence in competitive sport (within the meaning of section 235(1)(b)); (c) measures which form part of a programme of a national governing body commonly known as a Women in Sport programme in respect of which programme the body receives, from Sport Ireland, financial support commonly known as the Sport Ireland Women in Sport Programme Funding; (d) measures which enable the participation in sport of persons with a disability, which form part of a programme of a national governing body in respect of which programme the body receives, from Sport Ireland, financial support commonly known as the Sport Ireland Core Funding or Sport Ireland Field Sport Funding; ‘qualifying project’ means a project in respect of which the Minister has given a certificate under subsection (8), which certificate has not been revoked under that subsection; ‘relevant accounting period’, in relation to a relevant donation made by a company, means the accounting period in which that donation is made by the company; ‘relevant certificate’, in relation to a relevant donation by a donor who is an individual (other than an individual referred to in subsection (4)(a)(i) or (5)(a)(i), as the case may be), means a certificate which is in such form as the Revenue Commissioners may prescribe and which contains— (a) statements to the effect that— (i) the donation satisfies the requirements of subsection (2), and (ii) the donor has paid or will pay to the Revenue Commissioners income tax of an amount equal to income tax at the standard rate or the higher rate or partly at the standard rate and partly at the higher rate, as the case may be, for the relevant year of assessment on the grossed up amount of the donation, but not being— (I) income tax which the donor is entitled to charge against any other person or to deduct, retain or satisfy out of any payment which the donor is liable to make to any other person, or (II) appropriate tax within the meaning of Chapter 4 of Part 8, (b) a statement specifying how much of the grossed up amount referred to in paragraph (a)(ii) has been or will be liable to income tax at the standard rate and the higher rate for the relevant year of assessment, and (c) the identifying number, known as the Personal Public Service Number (PPSN) of the donor; ‘relevant donation’ means, a donation which satisfies the requirements of subsection (2) and takes the form of a payment by a person of a sum or sums of money amounting to at least €250 to a national governing body which is made— (a) where the donor is an individual, in a year of assessment, and (b) where the donor is a company, in an accounting period, but where an accounting period of a company is less than 12 months the amount of €250 shall be proportionately reduced; ‘relevant year of assessment’, in relation to a relevant donation made by an individual, means the year of assessment in which that donation is made by the individual; ‘sports equipment’ means equipment approved by the Minister as eligible for funding under the fund commonly known as the Community Sport Facilities Fund. (2) A donation shall satisfy the requirements of this subsection if— (a) it is made to the national governing body for the sole purpose of funding a qualifying project, (b) it is or will be applied by the national governing body for that purpose, (c) apart from this section, it is neither deductible in computing for the purposes of tax the profits or gains of a trade or profession nor an expense of management deductible in computing the total profits of a company, (d) it is not a relevant donation to which section 847A or 848A applies, (e) it is not subject to a condition as to repayment, (f) neither the donor nor any person connected (within the meaning of section 10) with the donor receives, either directly or indirectly, a benefit in consequence of making the donation, including, in particular, a right to membership of the national governing body or a right to use the facilities of that body, (g) it is not conditional on or associated with, or part of an arrangement involving, the acquisition of property by the national governing body, otherwise than by way of gift, from the donor or a person connected (within the meaning of section 10) with the donor, and (h) in the case of a donation made by an individual, the individual— (i) is resident in the State for the relevant year of assessment, (ii) except in the case of an individual referred to in subsection (4)(a)(i) or (5)(a)(i), as the case may be, has given a relevant certificate in relation to the donation to the national governing body, and (iii) except in the case of an individual referred to in subsection (4)(a)(i) or (5)(a)(i), as the case may be, has paid the tax referre