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Written Answers — Tax Collection: Tax Collection (29 Jun 2010)

Brian Lenihan Jnr: As indicated by my predecessor in reply to Parliamentary Questions Nos. 170 to 175 of 4 December 2007, the precise information the Deputy seeks is not available. However, on the same basis as the information supplied at that time, the Revenue Commissioners have provided an update of the data for 2007 and 2008 in the tables below. Information for 2009 is not yet available. I am informed by the...

Written Answers — EU Directives: EU Directives (29 Jun 2010)

Brian Lenihan Jnr: The Consumer Credit Directive establishes a harmonised legal framework in the European Union for the provision of consumer credit ranging from €200 up to €75,000. It does not apply to mortgages. It replaces a 1987 Directive (87/102/EEC), which laid down minimum rules for consumer credit arrangements within the EU. The Directive was transposed into domestic legislation by Statutory...

Written Answers — Departmental Property: Departmental Property (29 Jun 2010)

Brian Lenihan Jnr: The table sets out the cost in 2009 for maintaining office property, whether owned or leased,which is occupied by my Department, and by agencies under the aegis of my Department, and also expenditure on heat, light and fuel. Office Maintenance & Repairs€ Heat, Light & Fuel€ Department of Finance 330,000 432,000 Office of Public Works 1 766,000 466,000 Commission for Public Service...

Written Answers — Disabled Drivers: Disabled Drivers (29 Jun 2010)

Brian Lenihan Jnr: The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, to those who meet certain disability criteria. The disability criteria for eligibility for the tax concessions under this scheme are set out in the...

Written Answers — Proposed Legislation: Proposed Legislation (29 Jun 2010)

Brian Lenihan Jnr: Section 73 of the NAMA Act provides that NAMA may set a date by reference to which the market value of a bank asset or property is to be determined. The NAMA Board has set this date as 30 November 2009. It follows that any property price changes after 30 November 2009 will not be reflected in the NAMA market valuations. Commercial property price indices suggest that prices in Ireland may have...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that following receipt of medical reports to support the claim for an incapacitated child tax credit, an amended Tax Credit Certificate for the year 1 January 2010 to 31 December 2010 was issued by Revenue to the taxpayer on 24 June 2010. This Tax Credit Certificate includes an incapacitated child tax credit.

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: The Revenue Commissioners are obliged to observe confidentiality for taxpayers and thus they are precluded from providing any information specific to the company involved. Legislation governing Employee Share Ownership Trusts (ESOT) is contained in Section 519 and Schedule 12 to the Taxes Consolidation Act 1997. A company must apply to the Revenue Commissioners if they wish to operate such...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the relevant information available on the number of taxpayers, including individuals and companies, who made claims under the following schemes is based on personal income tax returns filed by non-PAYE taxpayers and corporation tax returns filed by companies for the years 2007 and 2008. These are set out in the following table: Number of...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that the total identifiable costs to the Exchequer of all income tax and corporation tax allowances, reliefs, exemptions and tax credits available, are set out in the following tables for 2006, the most recent year for which the necessary detailed historical information is available. Relevant notes relating to items in the tables are also included....

Written Answers — Public Sector Staff: Public Sector Staff (29 Jun 2010)

Brian Lenihan Jnr: In order to be liable for the pension-related deduction as set out in Section 2 of the Financial Emergency Measures in the Public Interest Act 2009 one must be a public servant (as defined in Section 1 of the Act) and (a) a member of a public service pension scheme (as defined in Section 1 of the Act) or (b) entitled to a benefit under such a scheme or (c) receive a payment in lieu of...

Written Answers — Departmental Expenditure: Departmental Expenditure (29 Jun 2010)

Brian Lenihan Jnr: The Report of the Special Group on Public Service Numbers and Expenditure Programmes (the so-called McCarthy Report) was published in July 2009 and outlined 271 recommendations with potential savings of up to €5.3 billion in a full year along with associated staffing reductions of over 17,300 in public service numbers. The Special Group's Report is advisory in nature. The Special Group's...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the most recent year for which the necessary detailed information is available regarding the rent relief for private accommodation scheme is the income tax year 2006, in which the cost to the Exchequer is estimated at approximately € 64 million. On this basis, the full year yield to the Exchequer of abolishing the rent relief for private...

Written Answers — Liquor Licensing Laws: Liquor Licensing Laws (29 Jun 2010)

Brian Lenihan Jnr: My Department understands that casual trading which is the selling of goods in public places is governed by the Casual Trading Act, 1995. Under that Act the regulation of casual trading is the responsibility of the local authority in whose functional area the trading takes place. Local authorities regulate casual trading under bye laws issued by them under the Act. I am informed by the...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: The Valuation Act, 2001 which came into effect on 2nd May, 2002, provides that all buildings used or developed for any purpose including constructions affixed thereto are rateable unless expressly exempted under Schedule 4 of the Act. Such exempt buildings would principally include those used for public worship, education and health-care provided on a not-for-profit basis, and charitable...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners, that a repayment for the named person in the amount of €2751.18 was approved on 25 June 2010 and will issue shortly.

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the estimated full year gain from increasing the rate of Capital Gains Tax (CGT) from 25% to 28% is €48 million. This estimate assumes no behavioural changes on the part of taxpayers. CGT is very dependent on individual behaviour and a change in rate may not produce a corresponding increase or decrease in tax yield. In current economic...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer from doubling the rate of Capital Acquisitions Tax from 25% to 50%, based on the Budget estimate of €240 million for 2010, could nominally be in the region of €240 million. It should be noted that this estimate is based upon an assumption that there would be no behavioural impact of such an...

Written Answers — Tax Collection: Tax Collection (29 Jun 2010)

Brian Lenihan Jnr: This is a matter that involves payment of a significant tax debt and is therefore a matter for the Revenue Commissioners. I am advised by Revenue that the case in question is under active discussion with the persons concerned, towards an early resolution that is to Revenue's satisfaction.

Written Answers — Departmental Review: Departmental Review (29 Jun 2010)

Brian Lenihan Jnr: As I mentioned at the Joint Committee on Finance and the Public Service, I have in mind that there would be a review of the Department of Finance, by an Independent Review Group, comprising a small number of experts with relevant international and/or domestic experience, to evaluate the systems structures and processes used by the Department of Finance in relation to those elements of...

Written Answers — Tax Code: Tax Code (29 Jun 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that for VAT purposes the sale of burial plots is treated as the sale of developed land. Consequently the sale of burial plots by a local authority on or after 1 July 2010 will be subject to VAT at the reduced rate of 13.5%. This arises out of the European Court of Justice ruling against Ireland of 16 July 2009 in Case C-554/07 in respect of...

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