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

Paschal Donohoe: A sale of shares is normally chargeable to stamp duty at a rate of 1%, as Deputy Doherty concluded, and is payable by the purchaser. I am advised by Revenue that where a company purchases its own shares, the stamp duty treatment depends on the form in which the shares are held and the method by which the purchases are effected. For shares held in paper form, the shares may be bought back in...

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

Paschal Donohoe: I will read out the note on this while I ponder the answer to the question. The Birth Information and Tracing Act 2022, which was signed into law in June, amended the Succession Act 1965 to make provision for persons who have been the subject of incorrect birth registrations. The amendments provide that a person affected by an incorrect birth registration, who is referred to in the...

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

Paschal Donohoe: Yes.

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

Paschal Donohoe: They can select both but it is up to a maximum of €335,000.

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

Paschal Donohoe: The value is to a combined total value of €335,000. It is not per group of parents or parent.

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

Paschal Donohoe: I want to make sure that I get the terminology right out of deference to the sensitivity of this matter. If a person has his or her birth parents and he or she also makes a decision on granting rights to the social parent, the maximum value of the rights has to be €335,000. The value is not given to both parents.

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

Paschal Donohoe: For the social parent, yes.

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

Paschal Donohoe: The amendment to the Act provides that the relationships between a person affected by an illegal birth registration and his or her parents and the relationship between this person and his or her parents will be deduced "in accordance with section 4B(1) of the Succession Act" and all other relationships will be determined accordingly. When these provisions are applied, the social parents of...

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

Paschal Donohoe: Yes.

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

Paschal Donohoe: No. The structures are the same but up to an unchanged cap.

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

Paschal Donohoe: It is €335,000.

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...

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