The Gazette 1967/71

Part II provides that persons in the construction industry who make payments to sub-contractors must keep a register of such payments. Where accounts of the business are made up the register is to be maintained for the accounting year. In other cases the register is to be maintained on a year of assessment basis. An obligation is also imposed on persons mak ing payments under deduction of tax to provide the payee with a certificate of deduction when making the payment and to send, on the same day, a copy of the certificate to the Inspector of Taxes. Provision is made for the circumstances that a payment to a sub-contractor may be received by him on behalf of a gang or group of sub-contrac tors of which he is a member. The recipient of the payment — if tax has been deducted there from — must supply each other member of the gang or group with a certificate of the member's share of the net payment and also provide the Inspector of Taxes with a break-down of the total payment. Where tax has not been deducted from the payment which is being distributed, the mem ber making the distribution must deduct and account for tax in respect of any payment made to any other member who is not authorised to receive payment in full. Part III deals with payment and recovery of tax deductible from amounts paid to sub-con tractors. Persons liable to make such deductions are required within 10 days from the end of every "income tax month" (i.e., a month beginning on the 6th day of any calendar month) to pay over to the Collector all tax deductible during that month and to forward to the Collector a copy of every certificate of deduction issued during the month. The provisions of the Income Tax Acts re lating to the recovery of income tax under Schedule D are applied to the recovery of tax de ductible from payments to sub-contractors and provision is included for the making of estimates on persons who do not remit, or do not fully remit, tax so deductible. Part IV provides the machinery whereby a person who has received a payment under de duction of tax may claim repayment on a monthly basis by reference to the total income tax paid or borne by him in the repayment period and the 182

reports of various commissions which have con sidered the reform of company law in recent years. This comparative quality helps the reader to get a deeper understanding of the significance and weaknesses of English company law which, in most respects, is identical to our own. A possible cause for complaint is the author's tendency at times to over condense the facts of some complicated cases included, in his anxiety to get to the core of the judgments. Some students may find it more difficult to follow the judgments as a result. It is a pity too that the excellent notes which will be of particular interest to prac titioners are in such small print. These, however, are small reasons to cavil with what should prove an excellent supplement to text books. Indeed, judged solely on the quality of the author's com ments it is superior to many. P. C. Kilroy REGULATIONS 1971 (S.I. No. 1 of 1971) These Regulations prescribe the manner in which the scheme of deduction of tax from pay ments to certain sub-contractors, which was intro duced by Section 17 of the Finance Act, 1970, is to operate. The Regulations will come into oper ation on 6th April, 1971, this being the date on which Section 17 is brought into effect by Order of the Minister for Finance dated 22nd December, 1970 (S.I. No. 314 of 1970). Part I of the Regulations contains definitions and provides for the transfer to their offices of any of the functions of the Revenue Commission ers under the Regulations. It also covers the manner in which application is to be made for a certificate authorising the receipt of payments by sub-contractors without deduction of tax and secures that a person liable to deduct tax will be accountable for that tax whether or not he de ducts it. Provision is also included for the service of documents by post and for the manner in which certain evidence in penalty proceedings may be provided. STATUTORY INSTRUMENTS INCOME TAX CONSTRUCTION CONTRACTS