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Seanad: Foster Care: Motion (17 Dec 2008)

Paddy Burke: That is a matter for the Minister of State.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Second Stage (19 Dec 2008)

Paddy Burke: Is that agreed? Agreed.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: I call on the Minister of State to speak on the recommendation.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: Is Senator Doherty pressing his recommendation?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: Does this section deal with people who have business in the country and live for six months of the year outside the State?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: Is this the section which deals with people who are outside the State for tax purposes?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: I was informed, when I raised this question on section 15, that it was not the relevant section.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: Does section 15 or section 25 deal with people who stay outside the State for tax purposes?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: When we reached section 15 I asked whether it dealt with those living outside the State for tax purposes. It is not clear from the text of the Finance Bill which section deals with this issue. I would like to know which is the relevant section because I wish to ask a number of questions, specifically on how the procedure for dealing with such persons will be policed.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: I raised a question when we reached section 15. May we discuss section 15?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: How does the Minister propose to police the arrangements pertaining to those who reside outside the State for tax purposes? I understand such persons must be outside the State for 186 days in the year. If a person arrives in the State at 11 p.m., is it considered a full day? On the issue of sportspersons, are days on which jockeys or golfers are in Ireland attending race meetings, the Irish...

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: I know it applies to sportspeople. Are days on which sportspersons are in the State to attend sporting fixtures included? Are days on which golfers, for example, are playing in the Irish Open or jockeys are taking part in race meetings counted?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: This section deals with public private partnerships. What are the main changes to the public private partnership schemes? Are many changes made to the previous schemes? Are the changes mainly with regard to education, water and sewerage schemes and roads or are other changes also made?

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: I have a question with regard to inheritance tax and the valuation of property, particularly where disputes have arisen and dragged on for a number of years. What valuation is taken? Is it the valuation at the time of death? A valuation taken two or three years ago would be far higher than a valuation today. A major dispute could arise in such a case. How could one value property today?...

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: Arrangements can be made for paying instalments if agreement is reached. The Minister said the valuation date is the date of death but how does one know what the valuation is now? How can anybody say what the valuation of a property is in the current economic climate? Some of the properties under dispute were valued at the date of death which may have been two or three years ago. They...

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: Is there any scope for review in that regard? Market values two years ago were totally unrealistic. They are halved today. In some cases one might not even sell those properties today or even value them.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: In this case more than an explanation is needed. The Government will have to take some action on it because I know of no valuer who can put a value on any property, whether it is a house, a business or land. That is one scenario. Some of those disputes have taken place in the past two or three years but the properties valued then would not get the same price today. The person might not...

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: That is hearsay. Valuations made a number of years ago were unrealistic. Every Minister knows that. The Revenue Commissioners valued properties two or three years ago and the people have to pay inheritance tax on those valuations. They may have to sell the properties. There is not a hope in hell of them ever selling. In 20 years time these properties may realise their value of three...

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: There must be some room for negotiation with the Revenue Commissioners. If agreements can be arrived at in disputes without changing the law, the Revenue Commissioners must have a way to give some latitude in dealing with a situation like that.

Seanad: Finance (No. 2) Bill 2008 (Certified Money Bill): Committee and Remaining Stages (19 Dec 2008)

Paddy Burke: This section gives extra powers to the Revenue Commissioners and provides for an increase in fines. At a time when the economy is in difficulty, it is unbelievable to give extra powers to the Revenue Commissioners and raise penalties for hard pressed business people. This is in addition to tax payment dates for companies being brought forward from October to March. They will have to pay...

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