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Change year: 2010

Section 196 Expenses of members of judiciary

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(1) In this section, "a member of the Judiciary" means-

(a) a judge of the Supreme Court,

(b) a judge of the High Court,

(c) a judge of the Circuit Court, or

(d) a judge of the District Court.

(2) An allowance payable by means of an annual sum to a member of the Judiciary in accordance with section 5 of the Courts of Justice Act, 1953, and which has been determined, in accordance with subsection (2)(c) of that section, by the Minister for Justice, Equality and Law Reform in consultation with the Minister for Finance to be in full settlement of the expenses which such a person is obliged to incur in the performance of his or her duties as a member of the Judiciary, and which are not otherwise reimbursed either directly or indirectly out of moneys provided by the Oireachtas, shall be exempt from income tax and shall not be reckoned in computing income for the purposes of the Income Tax Acts.

How are expense allowances paid to me as a judge treated?

(1)-(2) Where you are a judge (a member of the judiciary), Department of Justice expense allowances paid to you are exempt from income tax and are ignored in calculating your total income.

(3) Sections 114 and 115 shall not apply in relation to expenses in full settlement of which an allowance referred to in subsection (2) is payable, and no claim shall lie under those sections in respect of those expenses.

Are expenses covered by the Department of Justice allowance deductible in calculating my tax due under Schedule E?

(3) No.

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