Seán Haughey (Dublin North Central, Fianna Fail)
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Question 216: To ask the Minister for Finance if he will introduce measures to allow persons with various illnesses such as diabetes who cannot obtain life assurance, to obtain a house purchase mortgage from a building society; and if he will make a statement on the matter. [14426/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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Section 126 of the Consumer Credit Act 1995, which requires mortgage lenders to arrange mortgage protection insurance, provides for an exemption from this requirement in respect of certain loans, including in subsection 2(b), "loans to persons who belong to a class of persons which would not be acceptable to an insurer, or which would only be acceptable to an insurer at a premium significantly higher than that payable by borrowers generally,".

The 1987 regulations, which introduced this requirement for building societies, contain a similar exemption in respect of persons who would not be acceptable to an insurer on health grounds.

The decision to grant a mortgage is a commercial decision, at the discretion of the lender, and there are many factors, other than the insurability of the borrower, which would also have to be considered.

Jack Wall (Kildare South, Labour)
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Question 217: To ask the Minister for Finance the liability a person has in relation to the payment of capital gains tax (details supplied); and if he will make a statement on the matter. [13917/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am advised by the Revenue Commissioners that the taxpayer will be chargeable to capital gains tax on her share of the gain, unless she is entitled to retirement relief.

On the transfer of an asset from one spouse to another the spouse acquiring the asset is deemed to have acquired it at the same time and for the same consideration as the other spouse. Accordingly, the chargeable gain is computed by reference to the original cost.

Under section 598 of the Taxes Consolidation Act 1997, an individual who is 55 years or over may obtain retirement relief from capital gains tax on the sale of "qualifying assets". "Qualifying assets" include land used for the purposes of farming carried on by an individual which he/she has owned for a period of at least ten years ending on the date of the sale and which he/she has used for farming throughout that ten year period. As the taxpayer is regarded as having acquired her interest in the land 18 years ago it will treated as a "qualifying asset" providing she has farmed it throughout the period of ten years ending with its sale.

Full retirement relief is available where the proceeds from the disposal do not exceed €500,000. In that case, no tax is charged on the gains arising. If the proceeds exceed €500,000, marginal relief may apply. It should be noted that this limit is an aggregate limit — the relief is limited to an aggregate consideration of €500,000 for all disposals of qualifying assets made after the individual has reached 55 years of age. If the disposal of the property is to a child, and the individual meets the above conditions, the gain is exempt from capital gains tax irrespective of the amount of the proceeds.

Bernard Durkan (Kildare North, Fine Gael)
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Question 218: To ask the Minister for Finance when a P45 will issue to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [14039/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am advised by the Revenue Commissioners that a form P45 issued to the taxpayer at his home address on Monday 25 April 2005.

Paudge Connolly (Cavan-Monaghan, Independent)
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Question 219: To ask the Minister for Finance his plans to reintroduce a tax incentive scheme to encourage the restoration of derelict buildings; and if he will make a statement on the matter. [14043/05]

Brian Cowen (Laois-Offaly, Fianna Fail)
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There has never been a tax incentive scheme targeted exclusively at the restoration of derelict buildings in general. However, there are provisions under the area-based tax incentive schemes such as the urban renewal scheme, the town renewal scheme, the rural renewal scheme and the countrywide refurbishment scheme for tax relief in respect of refurbishment and conversion expenditure incurred on certain properties. There is no requirement under these schemes that qualifying properties must be derelict.

In the 2005 budget I directed my Department, together with the Revenue Commissioners, to undertake a thorough evaluation of the effects of all relevant tax incentive reliefs including certain area-based schemes. I also confirmed in the budget that the termination dates laid down previously in the 2004 Finance Act in respect of a number of area-based tax incentive schemes would remain unchanged.

I have been informed by the Minister for the Environment, Heritage and Local Government that section 23 of the Derelict Sites Act 1990 provides for the imposition of an annual derelict sites levy in respect of urban land registered by the relevant local authority for the purposes of the Act. The amount of this levy is 3% of the market value of the urban land concerned and remains payable until such time as the land ceases to be derelict. Revenues from the derelict sites levy may be applied by a local authority for the purpose of their functions generally and may be directed to the purchase of lands at the discretion of the local authority. I am satisfied this levy, consistently applied and rigorously enforced, constitutes a sufficient financial incentive to property owners to eliminate dereliction. Consequently, I have no proposals to introduce a tax incentive scheme for the restoration of derelict buildings.