Richard Bruton (Dublin North Central, Fine Gael)
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Question 376: To ask the Minister for Finance his views on extending the concession on the year in which capital gains tax must be paid in the case of compulsory purchase orders under section 542 to include persons other than those engaged in farming. [38894/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The difference in the capital gains tax treatment of farmers and of other landowners when an interest in land is acquired, otherwise than under a contract, by an authority possessing compulsory purchase powers, is not a concession. It is provided for in section 542(1)(d) of the Taxes Consolidation Act 1997 as amended.

As the Deputy is aware, all taxes and potential taxation measures are constantly reviewed in the context of the Budget and Finance Bill. It is not customary for the Minister for Finance to comment on possible tax and expenditure changes in advance of the Budget.

Seán Sherlock (Cork East, Labour)
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Question 377: To ask the Minister for Finance if first-time buyer's status will be restored to a person (details supplied) due to their special circumstances; and if he will make a statement on the matter. [38915/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I have been informed by the Revenue Commissioners that the provisions, as outlined in Section 92(B) of the Stamp Duties Consolidation Act 1999, allow a first-time buyer exemption to any person who has not previously purchased or built a residential property either individually or jointly. While special provisions are allowed under certain qualifying circumstances for separated spouses, based on the information provided, the applicant would not appear to qualify as a first time buyer. If the person requires further information they should contact: Ms. Deirdre O'Connor, Stamping Section, Revenue House, Blackpool, Cork. Telephone 021 6027693

Joan Burton (Dublin West, Labour)
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Question 378: To ask the Minister for Finance if he will explain the tax status of the Royal College of Surgeons, Ireland and the rationale for this designation; and if he will make a statement on the matter. [38948/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I am assuming that the "tax status" referred to in the Deputy's question is charitable tax exemption, as defined under section 207 of the Taxes Consolidation Act (TCA) 1997. A list of bodies which have been granted charitable tax exemption under section 207 is available on the Revenue website at www.revenue.ie. The organisation referred to by the Deputy has charitable tax exemption and is on that list.

While, for reasons of taxpayer confidentiality, the Revenue Commissioners cannot comment upon the tax affairs of individual bodies, they have advised me that to qualify for charitable tax exemption, a body must be established for charitable purposes and must apply all of its income for charitable purposes only. The provision of undergraduate and postgraduate education, training, and research is considered a charitable purpose. A charity can also make investments and derive income from such investments provided they do not put the assets of the charity at undue risk. The underlying principle is that the interest of the charity must be paramount and investment of the resources of the charity must be made purely for the benefit of the charity.

Appropriate procedures are in place to ensure that all applications for charitable tax exemption are assessed to ensure that the necessary criteria for the exemption are met before granting such exemption. Furthermore, bodies that are granted charitable tax exemption are subject to periodic risk-focused reviews towards ensuring that the terms of the exemption continue to be fulfilled. All relevant matters are taken into consideration in the context of such reviews.