John Deasy (Waterford, Fine Gael)
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Question 240: To ask the Minister for Finance the information that was supplied by the receiver of a company (details supplied) in County Waterford which determined that the €10 million provided for the workers by a firm was income and therefore subject to income tax rather than a lump sum that is an [i]ex gratia[/i] payment which would be treated as tax free; and if he will make a statement on the matter. [37278/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that, for reasons of confidentiality, they cannot comment on the detailed information related to the payments from the fund referred to in the Deputy's question.

I am assured, however, that the Revenue Commissioners took account of all the facts and circumstances involved (including the basis under which entitlement to payments from this fund arose) in coming to a conclusion as to whether any payments made out of the fund are chargeable to income tax under Schedule E in accordance with Section 112 of the Taxes Consolidation Act 1997.

Fergus O'Dowd (Louth, Fine Gael)
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Question 241: To ask the Minister for Finance if he will respond to correspondence (details supplied); and if he will make a statement on the matter. [37310/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The designation of areas for tax incentives in Northern Ireland is a matter for the UK Treasury. With regard to the designation of areas for tax incentives in this jurisdiction, there are no provisions in the tax code to allow for the immediate ad hoc designation of areas for tax incentives outside the scope of an existing tax incentive scheme. In addition, the designation of any such area for tax incentives would have to comply with the relevant State aid rules and be approved by the European Commission before such designation could proceed.