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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: A 23% hit in costs would be significant. How could it be that it would not have been vatable? I know Mr. Cody has to look into the matter, so maybe he cannot answer that question, but he might revert to me. If necessary, could taxi representatives get a point of contact with Revenue?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Great.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Certainly to me, but it is up to the committee as to whether it wants the information as well.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: On the issue of employment status, there is a division of labour to some extent between Revenue and the WRC. Sometimes, I find getting my head around that division of labour complicated. I was not aware of the Supreme Court ruling that Mr. Cody referenced. I apologise for being delayed in getting to this meeting. He stated that the ruling had clarified the matter to some degree, and that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Did Mr. Cody say that there would be a document to explain-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Is that what more or less used to be called the control test? There is a certain set of criteria whereby, if someone ticks these boxes, he or she is an employee.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Were they delivering all the time to the same company?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Decided they were employees.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: From the point of view of someone who has been involved in advocating on behalf of workers who felt that they were bogusly self-employed in a number of industries, the ruling and criteria sound like a move that would be favourable to them. Does the worker have to assert his or her employment status in order to have it vindicated or are there simple objective criteria and, if someone fits...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Is that arising out of the Supreme Court case?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: A controversial issue in the film industry - Mr. Cody has probably followed this as well – is that of continuity of service and who the employer is. To what extent is that in Revenue’s remit, if at all? I wish to understand where the division lies. The producer companies are claiming a tax credit, making it relevant to Revenue, under section 481. They might set up ten, 15 or...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Indeed it has. Does the claiming of the tax credit draw Revenue into it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: It is complicated stuff as Mr. Cody knows. They claimed the tax credit for the production of a film. That DAC at some point is wound up, but that film is still potentially generating revenue which should be taxed. What is being taxed if there is no longer any company? Are we getting the revenue? Is that being chased? This is also of interest to the actors and performers in terms of the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: I get that. This is a separate question from the question on continuity of service and who the employer is. The intellectual property rights are assigned to the DAC, if I understand it correctly. The revenue that may result from the distribution and broadcast of that film all over the world possibly for years goes back to the owner of that intellectual property now. If the DAC no longer...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Who has it? Do we know who has it?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: I want to alert Mr. Cody to this. I am not sure we know what happens to those revenues. I am not sure where the intellectual property ends up. Does it go back to the parent company or not? If it is taxable, I do not know whether Revenue looks at particular sectors.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: How much paid tax, as opposed to credits given, has the film industry ever generated? I suspect it is almost nothing. Irish Equity suggested that the whole thing is designed to make sure it does not make a profit. However, some of these films actually are successful and are generating revenue for somebody. Where is this revenue going?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Indeed. Companies in one incarnation may say there is no relationship between all these DACs even though they set them all up. However, in another moment they may say there is a relationship and can play off losses against possible gains, and end up happily and conveniently from their point of view never paying any tax. Just as we have had to look at other interesting tax approaches, that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: Mr. Cody said Revenue has collected €23.8 billion in corporation tax for 2023. I know there is a delay in getting all the figures in. Given that we have collected €23.8 billion, what is the figure for pre-tax gross trading profits projected for that year? That figure is not given. I know it is given later. When I look at the Revenue's CT tables, there seems to be a delay of...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Revenue Commissioners: Discussion (15 May 2024)

Richard Boyd Barrett: I understand.

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