Paschal Donohoe (Dublin Central, Fine Gael)

I move amendment No. 86:

In page 137, between lines 3 and 4, to insert the following:

“Technical amendments to de minimis aid provisions

100. (1) The Principal Act is amended—

(a) in section 216F(7), by the deletion of paragraphs (b) and (d), and

(b) in section 667C(1), by the substitution of the following definition for the definition of “Commission Regulation (EU) No. 1408/2013”:

“ ‘Commission Regulation (EU) No. 1408/2013’ means Commission Regulation (EU) No. 1408/2013 of 18 December 2013 as amended by Commission Regulation (EU) 2019/316 of 21 February 2019, Commission Regulation (EU) 2022/2046 of 24 October 2022, Commission Regulation (EU) 2023/2391 of 4 October 2023 and Commission Regulation (EU) 2024/3118 of 10 December 2024;”.

(2) Section 81D(1) of the Stamp Duties Consolidation Act 1999 is amended by the substitution of the following definition for the definition of “Commission Regulation (EU) No. 1408/2013”:

“ ‘Commission Regulation (EU) No. 1408/2013’ means Commission Regulation (EU) No. 1408/2013 of 18 December 2013 as amended by Commission Regulation (EU) 2019/316 of 21 February 2019, Commission Regulation (EU) 2022/2046 of 24 October 2022, Commission Regulation (EU) 2023/2391 of 4 October 2023 and Commission Regulation (EU) 2024/3118 of 10 December 2024;”.”.

This amendment introduces a new section into Finance Bill 2025. The new section provides for changes to the Taxes Consolidation Act 1997 and the Stamp Duties Consolidation Act 1999.

First, paragraphs (b) and (d) are deleted from section 216F of the Taxes Consolidation Act 1997. This section provides for an income tax relief on the making of certain musical instruments. This relief is only available where it complies with the de minimis requirements for state aid set out in Commission Regulation 2831 of 2023. Paragraph (b) of subsection (7) provides that a taxpayer is liable to income tax on the amount of the claim which is more than the de minimis ceiling set out in that regulation. However, the de minimis aid rule means that the entire value of a claim which brings a person over that ceiling is disallowed, not just the excess. The amendment therefore deletes paragraph (b). Paragraph (d) of subsection (7) states that the Revenue Commissioners may disclose information with other public bodies and with the European Commission as required under the de minimis regulation or to ensure that the ceiling of aid in that regulation is not exceeded. Section 851A of the Taxes Consolidation Act is being amended as part of this Bill to apply this position to all de minimis schemes. Paragraph (d) will therefore be made redundant and so the amendment deletes it.

Second, technical amendments are made to section 667C of the Taxes Consolidation Act 1997 to deal with enhanced stock relief for registered farm partnerships and for section 81D of the Stamp Duties Consolidation Act 1999 to provide for a relief from stamp duty for certain long-term leases of farmland. The amendment updates the definition in both sections of Commission Regulation 1408 of 2013 to cover de minimis aid in the agricultural sector. The substituted definition inserts a reference to two amending regulations, Commission Regulation 2391 of 2023 and Commission Regulation 3118 of 2024. It also corrects the publication date in the reference to Commission Regulation 2046 of 2022, from 25 October 2022 to 24 October 2022.