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Written Answers — Industrial Disputes: Industrial Disputes (16 Nov 2010)

Brian Lenihan Jnr: The question of payment and the timing of payment to any party in a contract will depend on the terms in that contract. In regard to public works contracts the payment terms of a sub-contract is a matter between the main contractor and a sub-contractor. The matter of State compensation does not arise.

Written Answers — Departmental Staff: Departmental Staff (16 Nov 2010)

Brian Lenihan Jnr: The number of appeals heard by the Civil Service Disciplinary Appeals Board in each of the years 2007, 2008, 2009 and to date in 2010 is provided in the following table. Year Number of appeals before the Board 2007 2 appeals taken by the Chairperson 2008 6 appeals taken by the Chairperson 2009 7 appeals taken by the Chairperson1 appeal taken by the Deputy Chairperson 2010 to date 3...

Written Answers — Disabled Drivers: Disabled Drivers (16 Nov 2010)

Brian Lenihan Jnr: The Disabled Drivers Medical Board of Appeal deals with appeals under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. It constitutes a Chairperson and a panel of medical doctors. In addition to the Chairperson, two doctors from the panel attend each Appeal Board sitting. All appointments to the Medical Board of Appeal are made by the Minister for Finance on the...

Written Answers — Financial Services Regulation: Financial Services Regulation (16 Nov 2010)

Brian Lenihan Jnr: The Central Bank Act, 1942 (as amended) by the Central Bank and Financial Services Authority of Ireland Act 2003 provided for the establishment of the Irish Financial Services Appeals Tribunal (IFSAT). IFSAT is an independent body providing for appeals against certain decisions made by the Central Bank (formerly known as the Financial Regulator) including administrative sanctions. The Act...

Written Answers — Valuation Tribunal: Valuation Tribunal (16 Nov 2010)

Brian Lenihan Jnr: The Valuation Tribunal is an independent statutory body which was established under the Valuation Act, 1988 and continues under the Valuation Act, 2001. The role of the tribunal is as follows: (1) In accordance with section 37 of the Valuation Act, 2001, It hears and decides appeals against decisions of the Commissioner of Valuation on the valuation and revaluation of commercial properties...

Written Answers — Informal Economy: Informal Economy (16 Nov 2010)

Brian Lenihan Jnr: Internationally, a considerable amount of research has been undertaken in this area but, by definition, it is always difficult to quantify the scale of the informal economy. The Government is taking costs out of businesses and, since 2007, measures we have implemented have saved small firms €20 million in red tape overheads. My colleague, the Minister for Enterprise, Trade and Innovation...

Written Answers — Tax Yield: Tax Yield (16 Nov 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that due to the varying nature of the different taxes and the timing of payment and statutory return obligations, it is their practice to publish data in relation to tax debts on an annual basis. This facilitates meaningful comparative analysis. The latest published figures for outstanding taxes, showing the position as at 31 March 2010, is as...

Written Answers — Single Euro Payments Area: Single Euro Payments Area (16 Nov 2010)

Brian Lenihan Jnr: For some years now the EU payments industry has been working to improve cross-border business activity by developing a pan-European electronic payments system for payments in euro, known as SEPA (the Single Euro Payments Area). SEPA will be an area where consumers and companies can make and receive electronic payments in euro in Europe – whether between or within national boundaries, under...

Written Answers — Tax Statements: Tax Statements (16 Nov 2010)

Brian Lenihan Jnr: I have been advised by the Revenue Commissioners that a PAYE P21 balancing statement for the year 2009 will issue to the person concerned shortly.

Written Answers — Construction Contracts: Construction Contracts (16 Nov 2010)

Brian Lenihan Jnr: All firms tendering for projects, including firms from outside this jurisdiction, must tender on the basis of the terms of the contract that are included in the tender documents. In the case of public sector projects, the standard forms of contracts that are used include provisions requiring compliance with the Registered Employment Agreements (REAs). The National Employment Rights...

Written Answers — Tax Code: Tax Code (16 Nov 2010)

Brian Lenihan Jnr: I have stated previously that it is my intention to widen, if possible, the tax base on which betting duty would be applied. We have a situation where bets placed through one platform, namely betting shops, are subject to 1% betting duty but bets placed through other platforms are generally not. This is because bets placed either online or over the phone are generally with out-of-State...

Written Answers — Tax Code: Tax Code (16 Nov 2010)

Brian Lenihan Jnr: I propose to take Questions Nos. 148 and 149 together. The annual turnover threshold for VAT registration depends on the nature of the business carried on. In general, there are two thresholds: the goods threshold, which is currently €75,000, and the services threshold, which is €37,500. Where 90 per cent or more of the turnover of a person or company consists of the supply of taxable...

Written Answers — Informal Economy: Informal Economy (16 Nov 2010)

Brian Lenihan Jnr: My Department does not produce estimates of the size of the informal economy nor of the estimated number of persons participating in such activities. Internationally, a considerable amount of research has been undertaken in this area but, by definition, it is always difficult to quantify the scale of the informal economy. Having said that, the Central Statistics Office in compiling estimates...

Written Answers — Insurance Industry: Insurance Industry (16 Nov 2010)

Brian Lenihan Jnr: At the outset it should be noted that neither I in my role as Minister for Finance nor the Central Bank of Ireland can prohibit or restrict an insurance company from changing its annual premium rates, as this is a commercial decision for the company in question. I am aware of increased pressure on insurance premiums in recent times particularly in the household insurance area. Much of this...

Written Answers — National Asset Management Agency: National Asset Management Agency (16 Nov 2010)

Brian Lenihan Jnr: NAMA has a commercial remit to manage its portfolio of over €70 billion and it has to consider, on a case-by-case basis, the overhead costs associated with leaving a debtor in place to manage his business at an agreed salary level versus the commercial alternative of appointing an insolvency expert. NAMA has advised that it is currently reviewing business plans for the largest 30 debtors...

Written Answers — Tax Code: Tax Code (16 Nov 2010)

Brian Lenihan Jnr: The position is that the type of employment payment referred to by the Deputy is subject to income tax. As with any employment, of whatever occupation, an employer is obliged to make the appropriate deductions of income tax, income levy, PRSI and health levy on the making of any payment of such income. An individual's liability to tax is, of course, reduced by virtue of that individual's tax...

Written Answers — Tax Reliefs: Tax Reliefs (16 Nov 2010)

Brian Lenihan Jnr: I have been advised by the Revenue Commissioners that the tax credit was granted to the person concerned on 25 September 2009 on the basis of the IT18 submitted. As part of Revenue's verification program, the claim was identified for checking and additional details were requested to support the claim. This request issued on 29 September 2009. As no reply was received to that request, in...

Written Answers — Tax Reliefs: Tax Reliefs (16 Nov 2010)

Brian Lenihan Jnr: I have been informed by the Revenue Commissioners that qualifying third level fees are allowable against Irish tax liability. I understand that in the particular case referred to by the Deputy, the taxpayer is working in the United Kingdom, and is not liable to pay tax in Ireland. Any claim for tax relief must therefore be made to the UK tax authorities.

Written Answers — Tax Code: Tax Code (17 Nov 2010)

Brian Lenihan Jnr: This question relates to potential Budgetary measures. It is the usual practice for the Minister for Finance not to speculate or comment on such matters in advance of the Budget and I do not propose to deviate from that practice.

Written Answers — Illicit Trade in Tobacco: Illicit Trade in Tobacco (17 Nov 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners, who are responsible for the collection of tobacco products tax, and for tackling the illicit trade in cigarettes and tobacco products, that Revenue employs a multi-faceted strategy to deal with this problem. It includes ongoing analysis of the nature and extent of the problem, developing and sharing intelligence on a national, EU and international...

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