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Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: The Minister is quite optimistic about the speed with which the relevant determinations will be obtained. It is the case that we need to prohibit these entities rather than simply license them. Nevertheless, I can appreciate the spirit in which the Deputies' proposals were put forward.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 21: In page 74, to delete lines 12 and 13 and substitute the following: "(2) (a) Paragraphs (a) to (f) and (g) to (i) of subsection (1) apply to expenditure incurred by a company after 4 February 2010. (b) Paragraph (g) of subsection (1) has effect as respects any allowance to be made for an accounting period commencing on or after 1 January 2010.".

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: The intention behind this amendment is that the exemption from corporation tax provided by section 486(c) of the Taxes Consolidation Act 1997 in respect of the income and gains of new start-up companies should be extended to sole traders. Deputies opposite acknowledge that I do not want to go over ground which has already been covered. The rationale was to encourage those who are unemployed...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I agree with Deputy Bruton that we may well have to return to this subject. I am not sure, by the way, that if a person fails three times there would be an extraordinary tax liability as the person might have quite an amount of losses to carry forward. That said, the issue is really the untargeted character of the proposed relief. The distinction between the contract of service and the...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I absolutely agree.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 23: In page 83, line 6, to delete "subsection" and substitute "section". This is a technical amendment which I commend to the House.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: It has been very well explained in this House. I spoke at length on this in committee and, while outlining some of the difficulties, I said it was an issue I would like to examine further. I am not prepared to accept the amendment this year because of the difficulties associated with introducing such a fundamental change into the tax code, and it is not entirely clear where the amendment...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I indicated in my reply, which was a change from Committee Stage, that I am prepared to examine it sympathetically. It is a very far-reaching change in the context of the current tax code and certainly could not be introduced at this stage of the Finance Bill without further reflection.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 26: In page 95, to delete lines 18 to 23 and substitute the following: " "242A.—(1) In this section 'relevant territory' has the meaning assigned to it in section 172A.". This is a technical amendment.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 27: In page 96, line 26, to delete "246A" and substitute "242A". This is a technical drafting amendment to rectify an incorrect cross-reference.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 29: In page 99, lines 23 to 28, to delete all words from and including "and" in line 23 down to and including "State,"," in line 28 and substitute the following: ", the Friends of the National Collections of Ireland, a local authority or a joint body within the meaning of section 2(1) of the Local Government Act 2001 and any university in the State,",". This is a...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 30: In page 99, lines 30 and 31, to delete all words from and including "subparagraphs" in line 30 down to and including "subsection (1)," in line 31 and substitute "paragraph (a)(iii) of subsection (1),".

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: It is about cement and combined heating and power.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: These amendments raise complex and difficult issues and I will address amendment No. 33 first. I previously indicated the only exemptions from the carbon tax are for those companies within the EU emissions trading scheme, where a carbon pricing mechanism is already in place. I did not offer any exemptions for sectors outside the ETS. For combined heat and power technology, the amendment...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: We have provided tax exemptions for many of the new technologies which are coming to the market. In this instance, however, we are discussing a tax which is of necessity general in its application. The longer the debate continues, the greater my fear that a series of exemptions will be made for special interests. The carbon tax is of general application and the number of exemptions has...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: The more exemptions one provides, the smaller the discouragement available.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 35: In page 107, line 36, to delete "a taxable person within the meaning of" and substitute "an accountable person for the purposes of". This is a technical amendment required to correct a drafting error.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: I move amendment No. 39: In page 139, line 15, to delete "Minister" and substitute "Minister for Finance". This amendment is required to correct a drafting error. Section 91 introduced a long amendment to Part 2 of the Finance Act 2001 arising from the implementation of a new EU directive on general arrangements for excisable products which takes effect from April fool's day this year. The...

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: The Deputy is referring to second hand cars.

Finance Bill 2010: Report Stage (Resumed) and Final Stage (10 Mar 2010)

Brian Lenihan Jnr: When a car is bought new it qualifies for scrappage.

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