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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: It applies to adoptees and we are now extending the structures only to persons who have been affected by an incorrect birth registration.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I move amendment No. 65: In page 137, between lines 27 and 28, to insert the following new section: “Implementation of Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation 73.(1) Part 33 of the Principal Act is amended— (a) in section 817RA(1), by the substitution of the following...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I am going to bring forward a technical amendment to section 71 on Report Stage to indicate that a commencement provision will no longer be required. The removal of that commencement date will enable the provisions of this section to commence on the date the Finance Bill is enacted.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I will begin by explaining to the Deputy what a mutual agreement procedure is because it is relevant to explaining the role of the Revenue officer referenced in this section. A mutual agreement procedure, MAP, is a dispute resolution mechanism that allows the competent authorities or countries concerned, in our case, Revenue, and its equivalent in other jurisdictions, to resolve...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: It could take longer than four years for that work to be done.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I will refer to the two changes included in the section. Section 81 amends the Taxes Consolidation Act 1997 to oblige a person making payments to the non-resident landlord to give certain information, as required by Revenue, concerning the landlord and the rental income on which tax is being withheld. The second part of the amendment relates to collection agents, that is, resident persons...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I am advised by Revenue that the amount of rental income on residential and commercial properties, as declared on Form 11 tax returns by non-resident tax persons, is as follows. For the most recent year for which I have available information, the number of commercial properties was 3,570 and the number of residential properties was 40,270. The commercial rental income was €65 million...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: It is correct.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I am informed that the information is available on the statistics on income tax and duties and income tax distribution section of the Revenue website. Even though I am informed it is available, I do not have the information. I will get it for the Deputy. My apologies. The answer I have just given the Deputy refers to income tax liability. I ask him to put his question again, if he does...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: My colleagues are not aware if that information is available but we will double check. If it is available, we will share it with the Deputy, but it is likely that it is not available.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: We do not have the information with us now. That is what I meant.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: We will endeavour to get it for the Deputy.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: No. IRES and REITs were not captured in the information I have just given the Deputy.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: We know where the tax is paid. It is paid when it is returned to the investor. I have trends for both broken down in tabular form. It looks as though, from a commercial property point of view, there has been a decline in the number of commercial properties in which non-residential landlords who are not tax resident have a share. The figure has gone from 5,070 in 2016 to 3,570 in 2019....

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I will explain what we are doing here. This is the final ratification procedure for amending protocols. The amending protocols seek to make the existing double taxation agreements we have with Guernsey and the Isle of Man and consistent with the relevant OECD base erosion and profit shifting, BEPS, provisions. We are putting in place the best practice to deal with some of the tax behaviour...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I move amendment No. 66: In page 151, between lines 1 and 2, to insert the following: “Trained farmer qualifications 84.(1) The Principal Act is amended— (a) by the insertion of the following section after section 654: “Trained farmer qualifications 654A.(1) In this section— ‘relevant provisions’ means— (a) sections 667B and...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: The Deputy is correct that if a property is uninhabitable, it is not subject to the tax. The property has to be habitable because I am levying the tax via an additional charge through the local property tax regime, which assumes it is habitable. For a property to be placed on the derelict sites register, having been deemed derelict, I understand the criteria are that it must be in a...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: It is a matter for the Minister for Housing, Local Government and Heritage. That Minister, Deputy Darragh O'Brien, and I have consulted on this matter. He has initiated a review of the operation of derelict sites legislation and I understand he will have it completed by the end of the year. It is apparent to me, having done the work on the vacant property tax, that the best way to deal...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I do not think that chain of contact would feature. Since the vacant property tax is based on self-assessment, I believe those putting forward their homes for it will contact only the Revenue Commissioners. The latter would have no need or reason to contact the local authority.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: It is more fundamental than that; it is the not role of the Revenue Commissioners. They do not play a role regarding derelict properties. For that reason, they would not be aware of them. They would not have a need to be notified regarding the properties.

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