(1) THAT—

(a) in this Resolution—

''aggregate income'', in relation to an individual and a year of assessment, means the aggregate of the individual's relevant emoluments and relevant income for the year of assessment;

''Collector-General'' means the Collector-General appointed under section 851 of the Principal Act;

''employee'' and ''employer'' have the same meanings as in section 983 of the Principal Act;

''income levy'' has the meaning assigned to it by paragraph (2) of this Resolution;

''income tax month'' means a calendar month;

''PAYE Regulations'' means the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001);

''Principal Act'' means the Taxes Consolidation Act 1997 (No. 39 of 1997);

''relevant emoluments'' and ''relevant income'' shall be construed in accordance with paragraphs (a) and (b), respectively, of the Schedule to paragraph (2) of this Resolution;

''social welfare payments'' means payments made under the Social Welfare Acts;

''year of assessment'' means a year of assessment within the meaning of the Income Tax Acts;

and

(b) other words and expressions used in this Resolution have, except where the context otherwise requires, the same meanings as in the Tax Acts.

(2) THAT, with effect from 1 January 2009, there shall be charged, levied and paid, in accordance with the provisions of this Resolution, a tax to be known as ''income levy'' in respect of the income respectively described in paragraphs (a) and (b) of the Schedule to this paragraph.

SCHEDULE

(a) The income described in this paragraph, to be known as ''relevant emoluments'', is emoluments to which Chapter 4 of Part 42 of the Principal Act applies or is applied, other than social welfare payments.

(b) The income described in this paragraph, to be known as ''relevant income'', is income from all sources, other than relevant emoluments and social welfare payments, as estimated in accordance with the Income Tax Acts and—

(i) as if the following sections of the Principal Act were never enacted, that is, sections 140, 141, 142, 143, 195, 231, 232, 233 and 234, and

(ii) without regard to any deduction—

(I) in respect of double rent allowance under section 324(2), 333(2), 345(3) or 354(3) of the Principal Act,

(II) under section 372AP of the Principal Act, in computing the amount of a surplus or deficiency in respect of rent from any premises,

(III) under section 372AU of the Principal Act, in computing the amount of a surplus or deficiency in respect of rent from any premises,

(IV) under section 847A of the Principal Act in respect of a relevant donation (within the meaning of section 847A of the Principal Act), or

(V) under section 848A of the Principal Act in respect of a relevant donation (within the meaning of section 848A of the Principal Act),

and

(iii) excluding relevant interest paid or credited under Chapter 4 of Part 8 of the Principal Act.

(3) THAT, for the year of assessment 2009 and for each subsequent year of assessment, an individual shall be charged to income levy on such individual's aggregate income for the year of assessment at the rates specified in the Table to this paragraph.

(4)(a) THAT on the making of any payment of relevant emoluments on or after 1 January 2009, income levy shall be deducted by the person making the payment at the rate of 1 per cent and where the amount of relevant emoluments exceeds—

(i) €1,925 in the case where the period of payment is a week, or

(ii) a corresponding amount, where the period in respect of which the payment is made is greater or less than a week,

at the rate of 2 per cent on the amount of the excess, and notwithstanding that the relevant emoluments are in whole or in part for some year of assessment other than that during which the payment is made.

(b) An employer shall be accountable for the amount of the deduction of the income levy, and liable to pay that amount to the Revenue Commissioners and shall, in the case of a repayment, be entitled to be paid the repayment, or given credit for it, by the Revenue Commissioners.

(5) THAT the provisions of Part 4 of the PAYE Regulations, with all necessary modifications, shall apply to income levy in respect of relevant emoluments, and income levy payable by an individual shall only be recoverable from him or her by his or her employer by deduction in accordance with those provisions.

(6) THAT the time within which income levy due in respect of a payment of relevant emoluments shall be paid to the Collector-General by an employer shall be within—

(i) 14 days from the end of the income tax month, or

(ii) unless the employer objects, 14 days from the end of such longer period (if any) not exceeding one year as the Collector-General may authorise in writing.

(7) THAT income levy payable for a year of assessment in respect of relevant income—

(a) shall be assessed, charged and paid in all respects as if it was an amount of income tax assessed and charged under the Income Tax Acts,

(b) but without regard to section 1017 of the Principal Act,

and may be stated in one sum (in this paragraph referred to as the ''aggregated sum'') with the amount of income tax contained in any computation of, or assessment or assessments to, income tax made by or on the individual by whom the income levy is payable for the year of assessment, and for this purpose the income levy may be so stated notwithstanding that there is no amount of income tax contained in the said computation, assessment or assessments; and all the provisions of the Income Tax Acts, other than any such provisions in so far as they relate to the granting of any allowance, deduction or relief, shall apply as if the aggregated sum were a single sum of income tax.

(8) THAT where an election made or deemed to have been made under section 1018 of the Principal Act, has effect for the year of assessment 2009 or a subsequent year, income levy payable by one spouse shall be charged, collected and recovered as if it were income levy payable by the spouse assessable under section 1017 of the Principal Act.

(9) THAT where income levy is payable for the year of assessment 2009 in respect of relevant income, the provisions of section 958 of the Principal Act shall apply and have effect as if, in accordance with the provisions of this Resolution, income levy had been payable for the year of assessment 2008.

(10) THAT income levy is hereby placed under the care and management of the Revenue Commissioners.

(11) THAT the provisions of section 1056 of the Principal Act in relation to the making of returns, declarations or statements shall apply, subject to any necessary modifications, in relation to income levy.

(12) IT is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes Act 1927 (No. 7 of 1927).