Dáil debates

Thursday, 14 February 2008

11:00 am

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I move:

1. THAT section 187 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for exemption from income tax and associated marginal relief, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

2. THAT Schedule 13 to the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains the list of accountable persons for the purposes of the scheme of withholding tax on fees for professional services, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

3. THAT the Taxes Consolidation Act 1997 (No. 39 of 1997), be amended in the manner and to the extent specified in the Act giving effect to this Resolution to provide for the amendment of the tax treatment of convertible securities acquired by directors and employees.

4. THAT the Taxes Consolidation Act 1997 (No. 39 of 1997), be amended in the manner and to the extent specified in the Act giving effect to this Resolution to provide for salary sacrifice arrangements which are approved of by the Revenue Commissioners.

5. THAT section 485G of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for miscellaneous matters in relation to the limitation on the amount of certain reliefs used by certain high income individuals, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

6. THAT section 81A of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a restriction of deductions for employee benefit contributions made by an employer, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

7. THAT the Taxes Consolidation Act 1997 (No. 39 of 1997), in so far as it relates to the schemes of capital allowances for qualifying hospitals, qualifying mental health centres, qualifying tourism facilities under the mid-Shannon Corridor Tourism Infrastructure Investment Scheme and qualifying childcare premises, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

8. THAT the Taxes Consolidation Act 1997 (No. 39 of 1997), be amended in the manner and to the extent specified in the Act giving rise to this Resolution to provide for the scheme of capital allowances and expenses for business cars.

9. THAT Chapter 6 of Part 4 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides a number of general computational rules for Schedule D which apply for both income tax and corporation tax, be amended, by making taxation provisions relating to equalisation reserves for credit insurance and reinsurance business of companies, in the manner and to the extent specified in the Act giving effect to this Resolution.

10. THAT section 768 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deals with tax relief for certain expenditure on "know-how" that is bought by a person for use in a trade carried on by that person, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

11. THAT Chapter 6 of Part 4 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides a number of general computational rules for the charge to tax under Schedule D, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

12. THAT Part 24 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for taxation of profits in respect of Irish oil and gas exploration and production, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

13. THAT Chapter 9 of Part 6 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which sets out the tax treatment of an acquisition by a company of its own shares, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

14. THAT Schedule 24 to the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides the mechanism for determining the amount of credit to be given against Irish tax in respect of foreign tax suffered, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

15. THAT Chapter 6 of Part 19 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for the capital gains tax treatment of transfers of business assets, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

16. THAT section 603A of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides, subject to certain criteria, exemption from capital gains tax in respect of any gain on a disposal of a site by a parent to his or her child, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

17. THAT provision be made in the Act giving effect to this Resolution for imposing a duty of excise, to be known as electricity tax, in accordance with the provisions of that Act, on electricity supplied in the State to consumers.

18. THAT section 96 of the Finance Act 1999 (No. 2 of 1999), which specifies rates of mineral oil tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

19. THAT in Chapter 1 of Part 2 of the Finance Act 1999 (No. 2 of 1999)—

(a) provision be made for the use of heavy oil in private pleasure navigation and private pleasure flying,

(b) section 99, which relates to passenger road services, be deleted, and

(c) section 100(1), which relates to reliefs from mineral oil tax for certain mineral oils, be amended,

in the manner and to the extent specified in the Act giving effect to this Resolution.

20. THAT the duty of excise imposed by section 43 of the Finance (1909-10) Act 1910 on the licences for the sale of intoxicating liquor be charged, levied and paid, as respects any retailer's off-licence, at the rates specified in the Act giving effect to this Resolution in lieu of the rates specified in column (3) of Part I of the Sixth Schedule to the Finance Act 1992 (No. 9 of 1992).

21. THAT section 132 of the Finance Act 1992 (No. 9 of 1992), which provides for the charging of vehicle registration tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

22. THAT section 134 of the Finance Act 1992 (No. 9 of 1992), which provides for permanent reliefs from the payment of vehicle registration tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

23. THAT section 135C of the Finance Act 1992 (No. 9 of 1992), which provides for the remission or repayment in respect of vehicle registration tax on certain hybrid electric vehicles, flexible fuel vehicles, electric vehicles or electric motorcycles, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

24. That in the Value-Added Tax Act 1972 (No. 22 of 1972)—

(a) each of the following be amended:

(i) section 1, which relates to interpretation,

(ii) section 2, which relates to the charge of value added tax,

(iii) section 3, which relates to the supply of goods,

(iv) section 4, which relates to the special provisions in relation to the supply of immovable goods,

(v) section 5, which relates to the supply of services,

(vi) section 7, which relates to waiver of exemption,

(vii) section 8, which relates to taxable persons,

(viii) section 10, which relates to the amount on which tax is chargeable,

(ix) section 12, which relates to deduction for tax borne or paid,

(x) section 12B, which relates to the special scheme for means of transport supplied by taxable dealers,

(xi) section 12C, which relates to the special scheme for agricultural machinery,

(xii) section 14, which relates to determination of tax due by reference to cash receipts, and

(xiii) section 17, which relates to invoices,

and

(b) provision be made in respect of—

(i) supplies of immovable goods,

(ii) option to tax lettings of immovable goods, and

(iii) capital goods,

in the manner and to the extent specified in the Act giving effect to this Resolution.

25. THAT section 5 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which allows the Revenue Commissioners to enter into composition agreements enabling stamp duty to be paid at intervals by the delivery of an account to them, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

26. THAT section 79 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which contains an exemption from stamp duty on transfers of property between associated bodies corporate, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

27. THAT section 92B of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which contains an exemption from stamp duty on the purchase of a dwellinghouse or apartment by a first time purchaser, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

28. THAT Part 9 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which provides for levies, be amended in relation to preliminary duty chargeable in the manner and to the extent specified in the Act giving effect to this Resolution.

29. THAT Part 9 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which provides for levies, be amended in relation to the making of assessments in respect of those levies in the manner and to the extent specified in the Act giving effect to this Resolution.

30. THAT section 57 of the Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003), which provides for the time limit applying to overpayments of gift tax or inheritance tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

31. THAT section 1003 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deals with the payment of tax by means of donation of heritage items, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

32. THAT sections 37, 607 and 838 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deal, respectively, with securities of certain State–owned companies, Government and certain other securities, and special portfolio investment accounts, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

33. THAT section 372AZ(1) of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains certain restrictions on the availability of relief for capital expenditure incurred under the mid-Shannon Corridor Tourism Infrastructure Investment Scheme, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

34. THAT Chapter 2 of Part 2 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for the imposition of the basic charge to corporation tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

35. THAT Chapter 1 of Part 20 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains the general rules relating to companies' chargeable gains, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

Question put and agreed to.