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Written Answers — Proposed Legislation: Proposed Legislation (11 May 2010)

Brian Lenihan Jnr: The enforcement functions of the Health and Safety Authority includes investigations into the breaches of the Health and Safety Act and involves collaboration with An Garda Síochána in the prosecution of such breaches of the Act through the Courts. It is therefore not appropriate that this function should be covered by the FOI Act as disclosure of records in this area of activity could...

Written Answers — Fiscal Policy: Fiscal Policy (11 May 2010)

Brian Lenihan Jnr: I should point out that bed and breakfasts are exempt from rates under the Valuation Act 2001. Self-catering apartments and university and college accommodation are deemed to be domestic premises under the Valuation Act 2001 and therefore not rateable. The Act does provide for the rating of apart-hotels i.e. apartments used for the purposes of the trade of hotel-keeping. These units of...

Written Answers — Deposit Guarantee Scheme: Deposit Guarantee Scheme (11 May 2010)

Brian Lenihan Jnr: The existing statutory Deposit Guarantee Scheme ('DGS') covers retail deposits with all credit institutions authorised in Ireland (including credit unions) up to a maximum of Eur100,000 per qualifying depositor per institution. The DGS does not have an end-date and will continue to apply after 29 September 2010. On-demand deposits over Eur100,000 and all corporate deposits are currently...

Written Answers — Departmental Sick Leave: Departmental Sick Leave (11 May 2010)

Brian Lenihan Jnr: I refer to the position regarding the sick leave policy in the civil service, for which I have responsibility. The decision whether sick leave is to be granted to an officer and whether it is to be with or without pay is a matter for the Head of the Department. The production of a medical certificate does not in itself entitle the officer to sick leave. Full pay during properly certified...

Written Answers — Tax Code: Tax Code (11 May 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that there is nothing in Irish tax law which makes reference to 'tax exiles'. I am assuming that the reference by the Deputy to 'tax exiles' is a reference to Irish domiciled individuals claiming to be non-resident for tax purposes. A person is regarded as resident in the State for tax purposes in a tax year if he or she spends: - 183 days in the...

Written Answers — Tax Code: Tax Code (11 May 2010)

Brian Lenihan Jnr: I have no plans to abolish VRT. In that regard it must be recognised that in Ireland VRT is an important source of revenue for the Exchequer; for example yielding around €1.3bn in 2006, €1.4bn in 2007 and €1.1bn in 2008. The receipts for 2009 at €375 million reflected the contraction in economic activity. As the Deputy will be aware, it would not be possible to abolish VRT without...

Written Answers — Tax Collection: Tax Collection (11 May 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that the underpayment arose due to the fact that the taxpayer was in receipt of a Tax Credit for a number of years to which he was not entitled. Payment was requested in full settlement, however the Revenue Commissioners are prepared to collect the arrears by reducing his other tax credits over a four-year period.

Written Answers — House Prices: House Prices (11 May 2010)

Brian Lenihan Jnr: Results on the two stress-testing exercised relating to the impact of house price decline on the banking system were reported in the Central Bank and Financial Services Authority of Ireland's (CBFSAI) Financial Stability Report 2004. The stress-testing exercise contained in the signed article in section 3 of the report examined how Irish banks would perform as a result of simultaneous moves...

Written Answers — Tax Code: Tax Code (11 May 2010)

Brian Lenihan Jnr: The position is that an individual's entitlement to mortgage interest relief is calculated by reference to a year of assessment, which is defined in the Taxes Consolidation Act 1997 as a calendar year i.e. from 1 January to 31 December. It should be noted that where an individual takes out a qualifying home loan during the year, the interest accruing on the day from which the qualifying home...

Written Answers — European Council Meetings: European Council Meetings (11 May 2010)

Brian Lenihan Jnr: As Minister for Finance, I engage frequently with European colleagues and in the present fast changing economic climate I am in frequent contact with European Ministerial colleagues and also with various European Commissioners that hold economic and /or financial dossiers, including the Commissioners for Economic and Monetary Affairs and for Internal Market and Services respectively. Finance...

Written Answers — Departmental Contracts: Departmental Contracts (11 May 2010)

Brian Lenihan Jnr: My Department has not entered into any contracts with the company in question. In respect of bodies under the aegis of my Department I have been informed by the National Treasury Management Agency that it frequently enters into contracts related to debt management transactions with Goldman Sachs companies as market counterparties. In addition, the NTMA recognised Goldman Sachs International...

Written Answers — Financial Services Regulation: Financial Services Regulation (11 May 2010)

Brian Lenihan Jnr: The concerns outlined in the correspondence enclosed by the Deputy refer to the amendment to Section 35 of the Credit Union Act 1997 contained in the Central Bank Reform Bill 2010 which is receiving its second stage reading in Dáil Éireann at present. Section 35 imposes limits on credit unions in relation to longer-term lending. The restrictions contained in Section 35 of the Credit Union...

Written Answers — Pension Provisions: Pension Provisions (11 May 2010)

Brian Lenihan Jnr: In the document "Further Measures to Support National Recovery through Social Partnership" (June 2009), the Government tabled a number of proposals in relation to pensions including the establishment of a Pensions Insolvency Minimum Guarantee Scheme (PIMS), which would provide for minimum payments to those schemes participating in the Pension Insolvency Payments Scheme or PIPS, subject to an...

Written Answers — Tax Yield: Tax Yield (11 May 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the total receipts from the carbon tax for the period January to April 2010, in respect of petrol and auto-diesel only, is €53.1 million, i.e. €48.4 million from the carbon charge and an estimated €4.7 million in respect of VAT. It is estimated that the carbon tax, inclusive of VAT, will yield approximately €250 million in 2010. The...

Written Answers — Urban Renewal Schemes: Urban Renewal Schemes (11 May 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that most of the area-based tax incentive schemes such as urban renewal schemes have been terminated. The most recent urban renewal scheme was the Integrated Area Scheme that was introduced by Finance Act 1998 and terminated on 31 July 2008. Under this scheme, tax relief is available in respect of the construction or refurbishment of residential...

Written Answers — Tax Code: Tax Code (11 May 2010)

Brian Lenihan Jnr: Under the provisions of the Tax Acts, a person in receipt of rental income is assessed to income tax on the net amount of the rents received (i.e. the gross rents less allowable expenses incurred in earning those rents). In computing the net amount of the rents received, only those deductions that are specified in section 97(2) of the Taxes Consolidation Act 1997 are allowable. The main...

Written Answers — Tax Code: Tax Code (6 May 2010)

Brian Lenihan Jnr: I propose to take Questions Nos. 39 and 40 together. I am advised by the Revenue Commissioners that the sale of virtual goods or digital products by companies may give rise to liabilities to either or both corporation tax and value-added tax (VAT) in the State. In the case of corporation tax, a company which is resident for tax purposes in the State, or which is carrying on a trade in the...

Written Answers — Tax Collection: Tax Collection (6 May 2010)

Brian Lenihan Jnr: I am informed by the Revenue Commissioners that the type of income from the source mentioned by the Deputy is aggregated in tax returns with other forms of income and cannot be distinguished in such a way as to provide a basis for compiling the information sought. It should also be noted that the Revenue Commissioners have an obligation to observe the confidentiality of individual taxpayers...

Written Answers — State Agencies: State Agencies (6 May 2010)

Brian Lenihan Jnr: I am advised by the Revenue Commissioners that the Customs Service currently deploys 13 detector dog teams at strategic locations throughout the country. The dogs are used to detect drugs, tobacco and cash. Passive dogs are used as this allows for the screening of passengers as well as merchandise and baggage. The detector dog resource is part only of the Commissioners' response to the threat...

Written Answers — Public Sector Staff: Public Sector Staff (6 May 2010)

Brian Lenihan Jnr: The draft Public Service Agreement, which is subject to ratification by the relevant public service trade unions, notes that reductions in public service staff numbers, along with a range of other initiatives in the area of revised work practices, redeployment etc., could contribute to a more efficient public service, and facilitate the Government's core objective of restoring the public...

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