Oireachtas Joint and Select Committees

Tuesday, 15 November 2016

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Finance Bill 2016: Committee Stage (Resumed)

2:00 pm

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I move amendment No. 138:

In page 77, to delete lines 13 to 21 and substitute the following: “(d) in subsection (4A)—
(i) in paragraph (a)—
(I) in the definition of “the consumer price index number relevant to a year”, by substituting “mid-December 2011 was 100” for “mid-December 2001 was 100”,

(II) by substituting “Minister for Finance;” for “Minister for Finance.”, and

(III) by inserting the following definition:
“ ‘the relevant amount’ means €35,000.”,
(ii) by substituting the following for paragraph (b):
“(b) The Minister may, from time to time, by order provide, in accordance with paragraph (c), an amount in lieu of the relevant amount, or where an order has been made previously under this paragraph, in lieu of the amount specified in the last order so made.”,
(iii) in paragraph (c), by substituting “the relevant amount or the amount referred to in the last previous order made” for “the amount referred to in subsection (4)(c) or in the last previous order made”, and

(iv) in paragraph (d), by substituting the following for subparagraph (ii):
“(ii) does not apply to any case in which—
(I) the specified liability referred to in paragraphs (c) and (d) of subsection (2), including as applied by subsection (2C) or (2D), or

“(b) the aggregate of—(II) the aggregate referred to in subsection (4B)(b) in respect of paragraphs (a) and (b) of subsection (2), includes tax, the liability in respect of which arose before, or which relates to periods which commenced before, that specified date.”,
(e) in subsection (4B), by substituting the following for paragraph (b):
“(b) the aggregate of—
(i) the tax due in respect of which the penalty is computed,

(ii) except in the case of tax due by virtue of paragraphs (g) and (h) of the definition of ‘the Acts’, the interest on that tax, and

(iii) the penalty determined by a court, does not exceed the relevant amount referred to in paragraph (a) of subsection (4A) or, where an order has been made under paragraph (b) of that subsection, the amount specified in the last such order made, or”,”.

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