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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: My understanding is that credit unions are not subject to the levy. As to the number of institutions affected, the number is between 15 and 20.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: Yes, somewhere between 15 and 20. We cannot be precise at the moment but it is between those numbers.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 106: In page 87, line 5, to delete “for repayment of tax under subsection (2)” and substitute the following:“under subsection (2) for repayment of tax which, but for an error or mistake referred to in that subsection, would not have been due”. As published, section 71 did not fully meet the objectives for which it was drafted. These...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: No.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: Perhaps if I put the detailed not on the record, it will be of some assistance. As published, there was a risk that the section imposed an obligation to amend a tax return when person was claiming a repayment of tax due because of a relief, such as terminal loss relief. Rather than simply imposing the obligation to amend the tax return of those who were correcting an error or mistake, this...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 107: In page 87, line 8, to delete “reflect” and substitute “correct”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 108: In page 87, to delete lines 9 to 12 and substitute the following:“(2B) Where a chargeable person (within the meaning of section 950) makes a claim under subsection (2) for repayment of tax which, but for an error or mistake referred to in that subsection, would not have been due and the claim relates to an accounting period which commenced before 1 January...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 109: In page 87, to delete lines 26 to 35 and substitute the following:“ “(9) Nothing in this section shall prevent the Revenue Commissioners from examining a claim subsequent to any repayment having been made and—(a) making or amending an assessment, as the case may be, under—(i) Chapter 5 of Part 41A, (ii) section 954 or 955, as appropriate,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 110: In page 88, to delete lines 11 to 37, and in page 89, to delete lines 1 to 9 and substitute the following: “ “Magdalen Laundry Payments205A. (1) In this section— ‘relevant individual’ means an individual to whom a relevant payment has been made; ‘relevant payment’ means a payment or payments made, directly or...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: The reason we are bringing forward the amendment on the definition side is that originally everyone was put on an even basis. There would be inequities were we to use the phrase "relevant individual", so we came up with the "relevant payment" phrase as a means of making sure that it was clear for all to see. At the Government meeting of 5 November 2013, it was agreed that the Department of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: My understanding is that the triggering event is the payment of the capital lump sum to the women.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: It is no longer relevant because once the payment is made to the women, they become the entities rather than the institutions.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: The award is made by the Minister. We are simply making clear beyond doubt how the moneys will be treated for tax purposes once the women obtain them.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: The changes relate to a Government decision on the Magdalen laundries, which makes it clear and beyond doubt that the tax treatment of moneys given to the Magdalen women is clear for all to see. The decision does not have a wider impact in terms of other compensation payments that may be given. While I am not aware of the payments to which the Deputy refers, I can look into the matter for...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I understand the payments will be made to the estate and their tax treatment will be exactly the same as the tax treatment of payments to women who are alive.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 111: In page 89, line 15, to delete “September” and substitute “August”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 112: In page 90, between lines 5 and 6, to insert the following: “Electronic transmission of certain Revenue returns 75. Section 917D of the Principal Act is amended in subsection (1)—(a) in the definition of “the Acts” by inserting the following after paragraph (a): “(aa) the Customs Acts,”, and (b) in the definition of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 113 In page 90, lines 13 to 15, to delete all words from and including “ “within” in line 13 down to and including “affairs” ” in line 15 and substitute “ “within 30 days of the giving of the notice a statement of affairs” ”.This amendment relates to section 75, which amends section 960R of the Taxes...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: What an amendment it is.

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