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Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: Section 30 of the Taxes Consolidation Act 1997 deals with the treatment, for capital gains tax (CGT) purposes, of partnerships. It provides that, in the case of a business partnership, chargeable gains accruing to the partners on the disposal of partnership assets are assessed and charged on them separately and not on the partnership itself. In this case, the dissolution of a business...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: I will be bringing proposals to Government in the near future on matters relating to the establishment of the proposed Commission on Taxation including its membership and terms of reference. The Commission will be specifically charged with considering and making recommendations on the following: examine the balance achieved between taxes collected on income, capital and spending and report...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: Stamp duty is a significant source of revenue for the Exchequer, raising over €3.6bn in 2006. For the first nine months of 2007 stamp duty yield has exceeded €2.9bn. This helps to fund public services and to broaden the tax base, while keeping the direct tax burden low thereby facilitating continued economic success. Any change made to the stamp duty code would need to reflect this...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: The Deputy's proposal is a form of re-introduction of rollover relief. It was announced in the 2003 Budget that no rollover relief would be allowed for any purpose on gains arising from disposals on or after 4 December 2002. This relief was introduced when CGT rates were much higher than current levels. The abolition of this relief was in accordance with the overall taxation policy of...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: The tax treatment of diversification aid payments to former sugar beet growers is a matter for the Revenue Commissioners. I am informed by the Commissioners that, based on the information available to them on the current proposals for the payment of such aid, the payments are regarded as income and will be subject to income tax. The payments are not, therefore, regarded as a capital receipt...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: I would draw to the Deputy's attention that the transfer of farmland can incur liability to tax under three separate headings, namely: stamp duty, capital gains tax (CGT) and capital acquisitions tax (CAT). CGT is payable by the person disposing of the land while CAT and stamp duty are payable by the person receiving the land. However, there are a number of generous reliefs and allowances...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: A scheme of tax relief is available under section 848A of the Taxes Consolidation Act 1997 for donations to approved bodies, including eligible charities. The list of approved bodies is set out in Schedule 26A of the Taxes Consolidation Act 1997 and includes eligible charities, schools, colleges and universities, bodies approved for education in the arts as well as a number of other specified...

Written Answers — Tax Code: Tax Code (8 Nov 2007)

Brian Cowen: I assume the Deputy is referring to reliefs available under the inheritance tax code. For the purposes of capital acquisitions tax (gift and inheritance tax), the relationship between the person who provided the gift or inheritance (the disponer) and the person who received the gift or inheritance (the beneficiary), determines the maximum tax-free threshold known as the "Group threshold"....

Written Answers — Tax Collection: Tax Collection (8 Nov 2007)

Brian Cowen: I have been advised by the Revenue Commissioners that the taxpayer's claims for refund of Relevant Contracts Tax deducted have been received. The accountants in this case requested that an amount of €402 be offset against the July/August 2007 VAT liability and that the balance be retained pending submission of the 2006 Income Tax Return and the finalisation of liability for that year. Any...

Written Answers — Insurance Industry: Insurance Industry (13 Nov 2007)

Brian Cowen: As the Deputy will be aware the decision whether to provide any specific form of insurance cover and the price at which it is offered is a commercial matter based on the assessment an insurer will make of the risks involved. Data on flood risk is provided to insurers by private companies and the use of such information is a matter for the company concerned in determining whether any...

Written Answers — Tax Code: Tax Code (13 Nov 2007)

Brian Cowen: I assume that the Deputy has in mind the re-introduction of roll-over relief. It was announced in the 2003 Budget that no roll-over relief would be allowed for any purpose on gains arising from disposals on or after 4 December 2002. This relief was introduced when CGT rates were much higher than current levels. The abolition of this relief was in accordance with the overall taxation policy...

Written Answers — Tax Code: Tax Code (13 Nov 2007)

Brian Cowen: The position is that the PAYE allowance, as it was then, was introduced in 1980 to improve the tax progression of PAYE taxpayers and to take account of the fact that the self-employed generally then had the advantage of paying tax on a preceding year basis. The argument was also made at the time that the general scheme of allowances discriminated against employees and in favour of other...

Written Answers — Tax Code: Tax Code (13 Nov 2007)

Brian Cowen: I am informed by the Revenue Commissioners that provision already exists for a limited scheme of tax relief in respect of expenditure incurred on the treatment of trade effluent and the supply of water. The scheme operates in conjunction with local authorities. It caters for a situation where, for the purposes of his or her trade, a person contributes a capital sum towards expenditure...

Written Answers — Tax Collection: Tax Collection (13 Nov 2007)

Brian Cowen: I have been advised by the Revenue Commissioners that the taxpayer is due the age tax credit since 2004. The taxpayer's income tax liability has been reviewed for the years 2004 to 2006 inclusive to include the age tax credit and PAYE balancing statements for each year issued on 7 November 2007, together with a cheque in settlement. The age tax credit for the year 2007 has already been...

Written Answers — Public Private Partnerships: Public Private Partnerships (13 Nov 2007)

Brian Cowen: The Central PPP Unit in my Department hosts a project tracker, available at www.ppp.gov.ie, showing PPP projects of an estimated value of €20m or over which have reached the stage of the appointment of client advisers or later stages. Because of the commercial sensitivity of the information, the indicative project values are presented in broad ranges as supplied by the...

Written Answers — Tax Code: Tax Code (13 Nov 2007)

Brian Cowen: I have no plans to reduce or eliminate VRT on taxis. In this regard, it should be recognised that tax reliefs have proved at times to be a blunt, inflexible and expensive means of providing assistance and achieving policy aims which might be more effectively achieved through regulatory or direct expenditure means. VRT on vehicles helps to broaden the tax base and provides an important source...

Written Answers — Disabled Drivers: Disabled Drivers (13 Nov 2007)

Brian Cowen: The initial application for a Primary Medical Certificate under the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, is made to the Senior Medical Officer of the relevant local Health Service Executive administrative area. If the Primary Medical Certificate has been refused in this case, the named person may appeal the refusal to the Medical Board of Appeal,...

Written Answers — Tax Collection: Tax Collection (13 Nov 2007)

Brian Cowen: I am advised by the Revenue Commissioners that during 2006 there were 527 audits of Landlords or persons returning Rental Income and these cases produced audit yield of €4.74m. These cases included persons with a variety of rental income, e.g. from commercial lettings. Revenue is not in a position to say how many of these cases were landlords of private rented dwellings.

Written Answers — Tax Collection: Tax Collection (13 Nov 2007)

Brian Cowen: I am advised by the Revenue Commissioners that as Revenue staff are not specifically engaged in investigating non-compliance in any particular sector at any one time, it is not possible to provide the information requested by the Deputy. Staff engaged in compliance and enforcement units are organised in multi disciplinary teams engaged in a broad range of activities to combat non-compliance....

Written Answers — Ministerial Staff: Ministerial Staff (13 Nov 2007)

Brian Cowen: At 1 November 2002, the following staff were employed by my predecessor Mr. Charlie McCreevy, T.D. in this Department. Name Title Date of appointment Annual Salary Range Allow-ance Dermot Ryan Press Officer 20 June 2002 €51,133 – €63,939 10% basic salary Noeleen McCreevy Personal Secretary 7 June 2002 €17,106 – €33,003 10% basic salary Michael Fitzpatrick Personal Assistant...

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