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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 108: In page 87, to delete lines 9 to 12 and substitute the following:“(2B) Where a chargeable person (within the meaning of section 950) makes a claim under subsection (2) for repayment of tax which, but for an error or mistake referred to in that subsection, would not have been due and the claim relates to an accounting period which commenced before 1 January...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 109: In page 87, to delete lines 26 to 35 and substitute the following:“ “(9) Nothing in this section shall prevent the Revenue Commissioners from examining a claim subsequent to any repayment having been made and—(a) making or amending an assessment, as the case may be, under—(i) Chapter 5 of Part 41A, (ii) section 954 or 955, as appropriate,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 110: In page 88, to delete lines 11 to 37, and in page 89, to delete lines 1 to 9 and substitute the following: “ “Magdalen Laundry Payments205A. (1) In this section— ‘relevant individual’ means an individual to whom a relevant payment has been made; ‘relevant payment’ means a payment or payments made, directly or...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: The reason we are bringing forward the amendment on the definition side is that originally everyone was put on an even basis. There would be inequities were we to use the phrase "relevant individual", so we came up with the "relevant payment" phrase as a means of making sure that it was clear for all to see. At the Government meeting of 5 November 2013, it was agreed that the Department of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: On the issue of the levy itself, it goes back to the pre-budget submission. In December 2010, when we were in opposition, we proposed this. We went into the election campaign arguing for this. One of the reasons the pensions industry was not shouting and roaring about this was that it was happy to know the industry could still obtain support at the marginal rate of tax in terms of people's...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: The yield from an additional 0.15% levy is estimated at €135 million per annum over the next two years.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: Annually for two years. That is €270 million.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: It will not be ring-fenced for that but it will be within the general Central Fund for that particular purpose, if it were to emerge. It will not be ring-fenced for that purpose but it is the intention of the Government were such a contingent liability to emerge. It may well be in excess of what we might possibly collect.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I do not think it sounds good; it is good.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: It is within the Central Fund. It is like putting the money in a drawer and opening another drawer. It is there none the less.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: He is.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I would argue that reducing the rate from 0.75% to 0.15% is an effective abolition of the charge.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: On the question of whether the contingent liability would be covered by what one could obtain, we have no expectation at the moment that we would be in that difficulty. It will depend on what occurs but we do not anticipate that at the moment.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 94: In page 82, line 25, to delete " 'business' "and substitute " 'relevant business' ".I propose to take amendments Nos. 94 to 103, inclusive, together. These amendments make changes to section 68 of the Bill which inserts a new section 126AA into the Stamp Duties Consolidation Act 1999. The purpose of section 126AA is to provide for the stamp duty levy on certain...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 95: In page 82, to delete lines 34 to 37, and in page 83, to delete lines 1 to 14 and substitute the following:" 'relevant person' means⁠— (a) a person who, in the year 2011, was a holder of a licence granted under section 9 of the Central Bank Act 1971 or held a licence or other similar authorisation under the law of any other Member State of the European...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 96: In page 84, line 3, after "a" where it secondly occurs to insert "relevant".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 97: In page 84, line 5, after "the" where it thirdly occurs to insert "relevant".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 98: In page 84, line 17, after "a" to insert "relevant".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 99: In page 84, line 21, after "the" where it secondly occurs to insert "relevant".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Finance (No. 2) Bill 2013: Committee Stage (Resumed) (27 Nov 2013)

Brian Hayes: I move amendment No. 100: In page 84, line 24, after "the" where it thirdly occurs to insert "relevant".

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