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Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: I move amendment No. 12: In page 44, between lines 3 and 4, to insert the following: “Insertion of Schedule 9 in Act of 2010 66. The Act of 2010 is amended by the insertion of the following Schedule after Schedule 8: “SCHEDULE 9 Section 2(4A) NON-APPLICATION OF SECTION 2(4A) TO CERTAIN PROVISIONS OF ACT Part 1 Section 33 Section 34 Section 35...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: I move amendment No. 13: In page 46, between lines 3 and 4, to insert the following: “Amendment of Finance Act 1999 73.The Finance Act 1999 is amended— (a) in section 94— (i) in subsection (1), by the deletion of the definition of “Member State”, (ii) in subsection (3), by the substitution of “Subject to subsection (3A), a word” for...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: I move amendment No. 10: In page 42, line 14, to delete "€175" and substitute "€75".

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: It is not agreed.

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: It was not accepted. I agreed that we would accept amendment No. 11 if amendment No. 10, to retain the €75, was agreed. Deputy Howlin has not accepted that. It was his decision not to accept it.

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: In the interest------

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: I move amendment No. 10: In page 42, line 14, to delete "€175" and substitute "€75".

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: We have had a discussion on this topic for the past couple of hours. It is very important that all of the views would be discussed but this is one issue on which we have not arrived at a consensus. The Bill before us contains approximately 120 sections and 50% of them relate to the Department of Finance. The entire essence of everything we have done relates to various arrangements between...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: Amendment No. 9 seeks to delete the section of the Bill that provides for a threshold for the retail export scheme. As referenced by Deputy Seán Crowe, the explanatory memorandum to the Bill refers to the original provision that the value of qualifying goods must exceed €175 in order for third-country residents to qualify for the scheme. It also requires UK citizens to show...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: Section 59 provides for a reduced rate of capital gains tax on investment gains accruing to fund managers in respect of investment in venture capital funds. This section is amended so that investments made in the UK can be taken into account in the calculation of the amount of relief. It is a capital gains tax measure. We need to provide for gains in the UK to be taken into account in...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: I can give the answer to that in respect of all the sections that have income tax or capital gains tax. We are only changing Irish law. We have no jurisdiction to change English law. It is a good question. Is it being reciprocated on the other side? It may or may not be. That is the answer. If it is not reciprocated on the other side, Irish and English taxpayers will be covered under...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: It would depend on the place of residence of the taxpayer.

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: Under a double taxation agreement, the gain will only be taxed once on whatever is the higher rate of tax in either jurisdiction. That agreement already exists in any event regardless of Brexit. Let us suppose the tax rate on a particular item in Ireland is 30% and the tax rate in the UK happens to be 35%. Depending on where a person is settling his or her tax affairs and where he or she...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: I move amendment No. 8: In page 38, between lines 13 and 14, to insert the following: “Amendment of section 2 of Act of 2010 61.Section 2 of the Act of 2010 is amended— (a) in subsection (1), in the definition of “Community”, by the insertion of “, subject to subsection (4A),” before “has the same meaning”, (b) in subsection (4),...

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: Absolutely. I can confirm that.

Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Committee and Remaining Stages (25 Nov 2020)

Seán Fleming: The Deputy has asked about section 46. The section allows UK insurance companies without a presence in the State to obtain tax approval for contracts under section 785 where they are authorised to transact insurance business by the authority in the UK which is responsible for supervising such undertakings. This will mean an individual whose pension is administered by a UK insurance company...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2020
Vote 9 - Office of the Revenue Commissioners (Supplementary)
(25 Nov 2020)

Seán Fleming: I thank the committee for making time available today to consider my request for a Supplementary Estimate for the Office of the Revenue Commissioners. As Deputies know, it has been an exceptional year, and there have been some significant and unforeseen factors that have impacted on the Revenue’s funding.The Supplementary Estimate for Vote 9 is to meet the 2020 shortfall associated...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2020
Vote 9 - Office of the Revenue Commissioners (Supplementary)
(25 Nov 2020)

Seán Fleming: I will give one additional item of information that members might be interested in. Essentially, the Revenue expected some years ago that the required additional staff to deal with Brexit would have been in the order of 600. The estimate during the course of the year was that that figure will eventually be 900. Over 700 of those are currently in place and working. The recruitment campaign...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2020
Vote 9 - Office of the Revenue Commissioners (Supplementary)
(25 Nov 2020)

Seán Fleming: On VAT and the amount tourists can claim on spending in the country, that matter is coming up in the Brexit Bill in the Convention Centre later this afternoon. There is a specific amendment on that issue. That is not in place as we speak. It is a proposal in the Brexit legislation that will be dealt with on Committee Stage in the Convention Centre this afternoon. There are amendments down...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Estimates for Public Services 2020
Vote 9 - Office of the Revenue Commissioners (Supplementary)
(25 Nov 2020)

Seán Fleming: It concerns the container scanners, which had not been subject to that level of maintenance for a number of years. A couple of years' maintenance was actually carried out in the one year. Maybe it should be done annually but it was not. That is why there is an exceptionally high figure for the fleet of mobile X-ray container scanners at Dublin Port, Cork Harbour and Rosslare.

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