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Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I will briefly speak directly to the amendment. We have, in other areas, tried to provide the information and make the compromises where we could without tying the legislation or the proposal in the amendment, as drafted, into the legislation, because the data would not be available. It is not that we have a principle of not wanting to provide the information when we can. It is just that...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I thank Deputy Burton for acknowledging the fact that we have tried to provide as much information as possible where we can. In previous amendments in which there were requests for reports to provide information within a certain period of time, we have tried to be able to do that where possible. It is not a question of principle; it is a question of what information it is possible to...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: In 2010, the OECD published a report on the taxation of collective investment vehicles, or funds as they are more commonly referred to, which stressed the importance of tax neutrality for investments made through funds. As the investor will pay tax on any income received from the fund, any taxation at the fund level itself would result in double taxation. Without tax neutrality, the...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: On carrying out a study on introducing a financial transactions tax, FTT, I would refer to the joint Central Bank of Ireland-ESRI report published in April 2012 which considered the possible economic impact of the application of an FTT. The report analyses the potential economic impact on the financial industry at that stage based on the Commission’s 2011 FTT proposal. While I...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 57:In page 49, to delete lines 8 to 24 and substitute the following:“Anti-avoidance: multiple funds further measures 739N. (1) Where—(a) an IREF would otherwise be a personal portfolio IREF in accordance with section 739M(3)(a), and (b) the scheme, undertaking or company, as the case may be, in respect of which it is a personal portfolio IREF would not be...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 58:In page 50, line 5, to delete “this Chapter” and substitute “paragraph (b)”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 59:In page 51, line 21, to delete “otherwise”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 60:In page 51, line 29, to delete “, repayment of IREF withholding tax” and substitute “and subject to section 739T, repayment of withholding tax”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 61:In page 52, lines 2 and 3, to delete “shall be entitled to make a claim” and substitute the following:“shall be entitled to a refund of withholding tax as if the units concerned were directly held and to make a claim”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 62:In page 52, between lines 6 and 7, to insert the following:“(4) For the purposes of section 865(2) the return made by the IREF under section 739R shall be deemed to be a return made by the unit holder for the purposes of an assessment to tax.”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 63:In page 53, lines 10 and 11, to delete “, in respect of a specified person”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 64:In page 56, to delete lines 1 and 2 and substitute the following:“(ii) all of the shares issued are ordinary shares with equal rights, and”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 65:In page 56, to delete lines 17 to 21 and substitute the following:“(a) the investment undertaking shall be deemed to have disposed of all assets in use for the purposes of the transferred business for the value at which they are carried in the accounts,”. Amendments Nos. 65 and 66 are technical amendments to correct a drafting error in the original Bill....

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 66:In page 56, to delete lines 39 to 41, and in page 57, to delete lines 1 to 5 and substitute the following:“(ii) for the purpose of the Capital Gains Tax Acts shall be treated as if any assets included in the transfer were acquired by the specified company on the date of transfer for consideration equal to the value of the assets in the accounts of the investment...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 67:In page 57, to delete lines 28 to 31 and substitute the following:“(5) Any instrument giving effect to a transfer to which this section applies shall not be chargeable to stamp duty under the Stamp Duties Consolidation Act 1999.”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 68:In page 57, to delete lines 32 to 34 and substitute the following:“Transfer of IREF business to a REIT 739W. (1) In this section—‘property rental business’ has the meaning assigned to it by Part 25A; ‘qualifying REIT’ means a company which was not a REIT prior to giving the notice referred to in subsection (2)(a);...

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 69:In page 58, to delete line 22 and substitute “Declaration of pension schemes”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 70:In page 59, line 7, to delete “ceases to be a” and substitute “becomes a”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 71:In page 59, line 40, to delete “ceases to be a” and substitute “becomes a”.

Finance Bill 2016: Report Stage (Resumed) and Final Stage (23 Nov 2016)

Eoghan Murphy: I move amendment No. 72:In page 60, to delete line 4 and substitute “Declaration of investment undertaking”.

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