Written answers

Wednesday, 10 March 2010

11:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 149: To ask the Minister for Finance the number of stallion horses standing here that are registered in the name of or owned by offshore companies or trusts, thus avoiding the payment of corporation tax on the stallions' profits; the percentage of the overall stallion population in the breeding industry that are registered or owned offshore; and if he will make a statement on the matter. [11811/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Department of Arts, Sport and Tourism that the total number of stallions registered in 2009 is 271. Information in relation to the registration status is not readily available.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 150: To ask the Minister for Finance the plans he has to close the loophole whereby stallion horses can stand here and their owners can avoid paying tax through registering them offshore; and if he will make a statement on the matter. [11812/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that since the previous tax exemption scheme for stallion stud fee income ended in July 2008, stallions are treated as stock-in-trade. This means that where the owner (including a part owner) of a stallion is carrying on the trade of farming, any profits or gains arising in respect of stallion stud services are treated as if they arise in the course of the farming trade and are charged to tax as part of the profits of that trade. Otherwise, profits or gains arising in respect of stallion stud services are charged to tax under Case IV of Schedule D.

For Irish tax purposes "farming" means farming farm land, that is, land in the State which is wholly or mainly occupied for husbandry, other than market garden land. Subject to the provisions of the double taxation agreements in force between the State and other countries and of the Taxes Consolidation Act 1997, companies or individuals who are resident for tax purposes in the State are chargeable to tax here on worldwide profits or gains while companies or individuals who are non-resident in the State are chargeable to tax here only on profits or gains arising in the State. If the Deputy has more specific information on this issue, he might forward details to the Revenue Commissioners so that they can investigate the matter.

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)
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Question 151: To ask the Minister for Finance the reason persons (details supplied) in County Galway are unable to claim tax relief in respect of specific treatment for eye problems; if there is a facility in the tax code for such eye sight problems as there is for dental problems; and if he will make a statement on the matter. [11817/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The position is that tax relief is available for the costs of a doctor, medical consultant, or hospital treatment where the costs are incurred on the diagnosis or treatment of an eye injury or defect other than sight testing, advice on the use of spectacles and the actual provision of spectacles or lenses. Tax relief is also available on expenses incurred in relation to orthoptic or vision training. Revenue has no record of having received a contact in respect of this issue in the case referred to by the Deputy. Details of the specific treatment should be sent to the Revenue Commissioners, Galway County District, Geata na Cathrach, Galway whereupon a determination of the eligibility of the claim will be made.

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