Jack Wall (Kildare South, Labour)
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Question 149: To ask the Minister for Finance if third level education fees are tax deductible; and if he will make a statement on the matter. [40051/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Section 473A of the Taxes Consolidation Act 1997 provides, subject to certain conditions, for tax relief at the standard rate of income tax (20%) on qualifying fees, paid by an individual in respect of third level education courses including postgraduate courses.

Qualifying fees means tuition fees paid in respect of an approved course at an approved college. The maximum limit on such qualifying fees is €5,000 @ 20% (i.e. the standard rate of income tax) per annum.

Tax relief is confined to tuition fees only and does not extend to items such as registration fees, administration fees, accommodation, etc.

Tuition fees that are, or will be, met directly or indirectly by grants, scholarships, employer contribution or other means are deducted in arriving at the net fees qualifying for tax relief.

Full details of the tax relief on tuition fees is available on the Revenue Commissioners website (www.revenue.ie)

Joe Costello (Dublin Central, Labour)
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Question 150: To ask the Minister for Finance the number of registered tax exiles in each of the past three years; the legal and constitutional basis for the continued existence of tax exile status here; if he will consider abolishing such tax free status or curtailing its operation in view of the current economic crisis; and if he will make a statement on the matter. [40059/09]

Joe Costello (Dublin Central, Labour)
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Question 151: To ask the Minister for Finance the number of tax exiles who will be able to avail of the provisions of the National Assets Management Agency; his views on whether it is appropriate that people with tax exile status should have their loans at home or abroad protected by NAMA; and if he will make a statement on the matter. [40060/09]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 150 and 151 together.

I am informed by the Revenue Commissioners there is no register or list of so called 'tax exiles'; there is nothing in Irish tax law that makes reference to 'tax exile status'.

The taxation of individuals in the State is in line with that prevailing in most other OECD jurisdictions, that is to say – (a) Individuals who are resident in the State for tax purposes (based on the number of days of presence in the State) are taxable here on their worldwide income; and (b) Individuals who are not resident here for tax purposes pay tax here only on income arising in the State and on income derived from working here.

I am informed by Revenue that 5,867 non-resident individuals filed Irish tax returns for the 2007 tax year (the latest year for which figures are available) in respect of their Irish-source income or income derived from working here. Many of these non-residents are foreign nationals or have a foreign domicile; and many of the non-resident Irish citizens or Irish domiciled individuals included in this figure may have become non-resident for reasons unrelated to taxation, but have retained Irish investments such as rental property. These individuals could not be categorised as 'tax exiles' under any reasonable definition of that term.

I have already, in section 15 of the Finance (No. 2) Act 2008, amended the tax residence rules to provide that an individual will be regarded as present in the State for a day if he or she is in the State at any time during the day, not just at midnight. This applies for the 2009 tax year and subsequent tax years. The Commission of Taxation has recommended further changes in this area. The renewed Programme for Government also contains a commitment to further changes.

As to the NAMA issues, as stated, there is no list or register of so called 'tax exiles'. Individuals do not "avail of "NAMA. It is not, as the Deputy is aware, a bail out or support for borrowers, it is a transfer of loans from banks to NAMA, which will pursue payment of these loans. The National Asset Management Agency Bill 2009 is designed to address a serious threat to the economy and to the stability of credit institutions in the State through the transfer of the riskier loans on the balance sheets of participating institutions to the National Asset Management Agency (NAMA). Until the full transfer of eligible loans has been completed, it will not be possible to analyse individual loan files and collate detailed information on borrowers.