Oireachtas Joint and Select Committees

Wednesday, 17 November 2021

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

Finance Bill 2021: Committee Stage (Resumed)

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 121:

In page 157, to delete lines 22 to 25 and substitute the following:
“ ‘qualifying disclosure’ has the meaning given to it by, as the case may be, section 1077E or 1077F, as appropriate, section 116 or 116A, as appropriate, of the Value-Added Tax Consolidation Act 2010, section 99B of the Finance Act 2001 or section 134A of the Stamp Duties Consolidation Act 1999;”.

These amendments make changes to section 75, which proposes to insert a new section 1086A into the Taxes Consolidation Act 1997. This section would supersede section 1086, providing a new regime for the publication of the list of tax defaulters, with effect from 1 January 2022. The first of the amendments proposes to substitute a new definition of “qualifying disclosure” to include a qualifying disclosure made in respect of excise duties. This was omitted in error from the proposed new section 1086A to be inserted into the Taxes Consolidation Act.

The second amendment corrects an omission relating to the exclusions from publication for certain court-determined penalties. Publication of court-determined penalties does not arise where the penalty determined by a court does not exceed 15% of the tax underpaid. As drafted, this exception does not cover situations where the amount of a court-determined penalty does not exceed 15% of the underpaid excise duty.

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