Written answers

Wednesday, 19 May 2010

8:00 pm

Photo of Michael MoynihanMichael Moynihan (Cork North West, Fianna Fail)
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Question 95: To ask the Minister for Finance if he will clarify the details regarding the refunding of VAT for unregistered farmers. [20994/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that the Value-Added Tax (Refund of Tax) (No 25) Order, 1993 (SI No. 266 of 1993) provides for refunds of VAT to unregistered farmers who have borne tax in relation to outlay on the construction, extension, alteration or reconstruction of any building or structure which is designed for use solely or mainly for the purposes of a farming business, or on the fencing, drainage or reclamation of land.

This Refund Order was made under the powers conferred on the Minister for Finance by section 20(3) of the Value-Added Tax Act, 1972 (as amended). Section 20(4) of that Act imposes a time limit on claims for a refund. The time limit in the original 1972 legislation was set at 10 years. However, this was reduced to 6 years by the Finance Act 1998 and, with effect from 1 November 2003, to 4 years by section 124(b) of the Finance Act 2003.

Photo of Arthur MorganArthur Morgan (Louth, Sinn Fein)
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Question 96: To ask the Minister for Finance the amount of money that has been repaid to PAYE workers in respect of the tax relief on trade union subscriptions each year since the tax relief was introduced; the amount he estimates that should have been repaid in each of those years in respect of the number of PAYE workers who are trade union members and did not claim the relief in tabular form; and if he will make a statement on the matter. [21017/10]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The provision of a tax credit in respect of trade union subscriptions was introduced in the Finance Act, 2001. Arising from the prior need to identify the qualifying trade union members in the most efficient way possible, the tax relief for trade union subscriptions due in respect of the short tax year ended 31 December 2001 was, with the agreement of the Irish Congress of Trade Unions, carried forward for inclusion with the relief appropriate to the 2002 income tax year.

I am informed by the Revenue Commissioners that the information available as regards the cost to the Exchequer of the tax credit from 2002 to 2007, the latest year for which the necessary detailed information is available, is as follows.

Tax YearEstimated Cost of Tax Relief€ million
200211.0
20036.5
200410.7
200511.8
200619.2
200720.7

I am informed by the Revenue Commissioners that they are not in a position to provide an estimate of the amount of unclaimed tax credits in respect of trade union subscriptions. This is because the Revenue Commissioners can only allow reliefs and credits on the basis of the information that is known to them. Consequently, there is no way to assess under-claimed entitlements to tax credits with any degree of accuracy.

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