Oireachtas Joint and Select Committees

Thursday, 18 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)
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I move amendment No. 158:

In page 199, to delete line 21 and substitute the following:
“ “tax, corporation tax and capital gains tax.
Where no owner registered

653AM. (1) This section shall apply to a relevant site where no person has registered as the owner in respect of the site under section 653S and an amount of residential zoned land tax and interest has been charged on the land to which the tax relates under section 653Q(4).
(2) Where—
(a) this section applies to a relevant site, and

(b) the amount of residential zoned land tax and interest charged on the land under section 653Q(4) exceeds an amount, calculated as 110 per cent of the market value of the relevant site on a valuation date,

the Revenue Commissioners may publish a notice in Iris Oifigiúilin accordance with subsection (3).
(3) The notice referred to in subsection (2) shall state—
(a) that the issue of the notice is the first step in a process that may result in the relevant site concerned becoming the property of the State,

(b) the address of the relevant site,

(c) the unique identifier, or identifiers, allocated to the relevant site under the Registration of Title Act 1964, if available,

(d) the name of the local authority in whose functional area the relevant site is situated, and

(e) that the Minister for Public Expenditure and Reform may, after 6 months has elapsed from the date of the publication of the notice, apply to the High Court for an order that the relevant site is the property of the State.
(4) Where the Revenue Commissioners have published a notice in relation to a relevant site in accordance with subsection (3), the Minister for Public Expenditure and Reform may make an application referred to in subsection (5).

(5) An application referred to in this subsection is an application by the Minister for Public Expenditure and Reform to the High Court for an order that the relevant site is the property of the State.

(6) An application to the High Court under subsection (4) shall in the first instance be made ex parteand the High Court shall thereupon give such directions as it thinks proper in regard to service or publication of notice of such application and shall not finally determine such application unless or until the directions so given have been complied with and such time as the Court shall consider reasonable in the circumstances has elapsed since such compliance.

(7) Where it is shown to the satisfaction of the High Court on application to it under subsection (4) that, in respect of a site—
(a) the site is a relevant site,

(b) no person has registered as the owner in respect of the relevant site under section 653S, and

(c) the amount of residential zoned land tax and interest charged on the relevant site under section 653Q(4) exceeds an amount, calculated as 110 per cent of the market value of the relevant site on valuation date,

the Court may order that the relevant site is the property of the State from the date of the order.
(8) An order made by the High Court on an application under this section that a relevant site is the property of the State in accordance with this section shall (subject to appeal to the Court of Appeal) be conclusive evidence binding on all persons whatsoever (whether they had or had not notice of such application) that the said site is the property of the State from the date of the order.

(9) Where any relevant site becomes the property of the State in accordance with this section, such land shall, upon so becoming the property of the State, vest in the Minister for Public Expenditure and Reform.

(10) The Registrar of Titles shall cause the Minister for Public Expenditure and Reform to be registered as the owner of the land under the Registration of Title Act 1964.”,”.