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Business of Dáil (26 Jan 2011)

Martin Mansergh: I am in agreement with the other side of the House on this matter. That was the part of the discussion that was truncated.

Written Answers — Departmental Groups: Departmental Groups (26 Jan 2011)

Martin Mansergh: I propose to take Questions Nos. 15 and 16 together. In September and October last, the Chair, on behalf of the Working Group established by Government to develop a structured and coherent approach to the further management and development of the former Irish ISPAT site at Haulbowline, County Cork, met with the following: The Cork County Manager. The Chief Executive, Manager Engineering...

Written Answers — Flood Relief: Flood Relief (26 Jan 2011)

Martin Mansergh: Kilkenny County Council was allocated funding of €198,000 by the Office of Public works last year under the Minor Flood Mitigation Works Scheme to undertake flood alleviation measures in Graiguenamanagh. In addition, the OPW has recently provided funding of €58,000 for a Flood Risk Management Study that was commissioned by the Council that covered Graiguenamanagh, as well as Callan and...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: This section corrects unintentional drafting errors in sections 89(4), 102A(2) and 104(3) of the Capital Acquisitions Tax Consolidation Act 2003. Section 89(4) of the Act provides for a clawback of agricultural relief where agricultural property is disposed of within six years of acquiring a gift or an inheritance and is not replaced within one year of the disposal by other agricultural...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: This is only correcting very minor points. It is crossing t's and dotting i's so a particular date will not be taken from a pedantic legal point of view as not being covered by the legislation. There are no implications except those that apply at precedent. This section is required because the Revenue Commissioners received counsel's opinion in a case involving a clawback of the capital...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I move amendment No. 92: In page 205, subsection (1), lines 26 to 29, to delete paragraph (c) and substitute the following: "(c) as if, in the definition of "threshold amount" in paragraph 1 of Part 1 of Schedule 2, the consumer price index number for the year 2009 applied to gifts and inheritances taken in the year 2011.". This amendment corrects a drafting error in section 65(1)(c) of the...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: We are talking about income tax.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: These amendments relate to section 66, which brings forward the pay and file date in respect of gifts and inheritances from 31 October to 30 September. Section 46(2)(a) of the Capital Acquisitions Tax Consolidation Act 2003 provides that where the valuation date in respect of a gift or inheritance arises in the period from 1 January to 31 August in a year, tax must be paid and a return must...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: This amendment substitutes dates in the 1893 Act. The Department of Enterprise, Trade and Innovation has no objection in principle to the amendment. However, it should be made in the context of amendments to the relevant Department of Enterprise, Trade and Innovation legislation after proper consideration. I am not able to accept the amendment to the Finance Bill, but it should be possible...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I am afraid that is beyond my knowledge. Naturally, a new Government will order legislation. I do not doubt there will be an opportunity in the reasonably near future to make the change.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: Section 68 amends section 817M of the Taxes Consolidation Act 1997, which is concerned with the provision by promoters to the Revenue Commissioners of details of clients to whom certain disclosable transactions were made available for implementation. This provision forms part of the legislation governing the mandatory disclosure of certain transactions regime, which was introduced in the...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: That is my understanding. The transaction needs to have been made. If it is merely discussed and not acted upon, the situation is different.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I am unable to give the background details but it is an ongoing if not an eternal battle between Revenue and governments against tax evasion and either aggressive forms of avoidance or tax evasion. The Deputy is a member of the Joint Committee on Finance and the Public Service and will be aware that a great deal of progress has been made in extending double taxation agreements, taxation...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: Before I reply to Deputy Noonan's amendment, I need to mention some matters before the conclusion of Committee Stage. Before continuing with today's proceedings, I would be obliged if, in accordance with Standing Order 136, the Ceann Comhairle would direct the Clerk of the Dáil to make the following minor drafting correction to the text of the Bill. The correction is as follows: in...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I will deal with amendment No. 96 regarding the attachment of debt. Attachment is an enforcement option available to the Revenue Commissioners to recover unpaid tax, unpaid interest or unpaid penalty due by taxpayers who have ignored the normal collection approaches and notification procedures taken by Revenue. Attachment is used judiciously by Revenue in accordance with strict guidelines...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: Section 73 formalises taxpayer confidentiality. The need for such provision arises because of the volume and comprehensiveness of personal and commercial information concerning taxpayers which Revenue acquires. At present, there is no specific tax-related provision other than the statutory declaration made by inspectors in respect of Schedule D tax and corporation tax governing...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: This concerns payment of tax by relevant payment methods. This section provides that tax can be paid to Revenue by credit card, debit card or any other method or methods of payment which is or are approved by the Revenue Commissioners. The section enables the Revenue Commissioners to make regulations relating to these payment methods. This measure is a customer service initiative to...

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: I think so, yes.

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: Cash other than in euro?

Finance Bill 2011: Committee Stage (26 Jan 2011)

Martin Mansergh: Any currency that is not euro must be converted to euro prior to payment. Question put and agreed to.

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