Jack Wall (Kildare South, Labour)
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Question 120: To ask the Minister for Finance the position of an application for a tax rebate by a person (details supplied) in County Kildare; and if he will make a statement on the matter. [41696/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I have been advised by the Revenue Commissioners that tax rebates for 2005, 2006 and 2007 issued to this taxpayer on 23 May 2008. In relation to 2008, a revised tax credit certificate issued on 19 May 2008. The Revenue Commissioners have no outstanding claims from this taxpayer.

Joan Burton (Dublin West, Labour)
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Question 121: To ask the Minister for Finance the benefit-in-kind regime for employees in receipt of a preferential rate of mortgage interest from their employer; the specified benchmark rate against which a preferential rate is compared to establish the liability for benefit-in-kind; if this specified benchmark rate varies in line with prevailing market interest rates; his views on whether persons[b] [/b]benefiting from preferential mortgage rates could be liable for significant increases in their benefit-in-kind liability as a result of falling interest rates in the market if the specified benchmark rate remains static; if he intends to modify these arrangements, the specified benchmark rate or the method of calculating this rate in the upcoming Finance Bill; and if he will make a statement on the matter. [41697/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The legislation on preferential loans is contained in section 122 of the Taxes Consolidation Act 1997.

In the case of loans qualifying for mortgage interest relief (under the provisions of section 244 of the Taxes Consolidation Act 1997), the benefit-in-kind charge is based on the difference between the amount of interest that would be payable if the mortgage had been subject to an interest rate of 5.5% and the amount of interest paid on the preferential mortgage.

In the case of all other loans, the benefit-in-kind charge is based on the difference between amount of interest that would be payable if the mortgage had been subject to an interest rate of 13% (increased to 15% in the Budget) and the amount of interest paid on the preferential loan.

The rates are calculated based on figures supplied from the Central Bank of Ireland. These calculations take into account both the prevailing commercial loan rates and likely market trends.

Finance No. 2 Bill 2008 will be published tomorrow, 20 November, and will confirm the rates as specified in the Budget.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 122: To ask the Minister for Finance the procedure in instances in which an employee has discovered on the sale of the business that the employer has not paid income tax on their behalf despite the money been taken out of their salary and are unable to obtain documentation from their former employer of moneys deducted; and if he will make a statement on the matter. [41713/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that, in the normal course of events, if an employee presents documentary evidence to their local Tax District indicating that tax has been deducted from his/her pay e.g. a payslip, P45, P60, etc., the employee's tax position will be reviewed in the normal way. This would identify the action to be taken in the particular circumstances of the individual taxpayer concerned, for example whether he/she might be due a tax refund or the allocation of additional credits or reliefs, etc.

When an employee has difficulty in obtaining documentation from an employer or former employer Revenue contacts the employer to obtain a cessation certificate P45 for the employee. Full credit is given to the employee for the tax deducted by the employer. In circumstances such as this Revenue will also take appropriate steps to secure outstanding returns and payments from the employer and to obtain the necessary outstanding documentation for the employee (P45, P60 etc.)