Written answers

Thursday, 23 February 2012

5:00 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 69: To ask the Minister for Finance if the Revenue Commissioners confirmed in 2003 that Campus Stadium Ireland Development's VAT charge of €10,254,600 was correct. [10506/12]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 75: To ask the Minister for Finance if he is satisfied that he was aware of the legal position on the economic value test (section 99 of the 2002 Finance Act) between 2002 and 2010 and specifically when his Department discussed the issue of VAT on the lease of the National Aquatic Centre with Campus Stadium Ireland Development; and if he is satisfied that Campus Stadium Ireland Development had met the EVT requirements. [10462/12]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 81: To ask the Minister for Finance if he advised Campus Stadium Ireland Development that the VAT amount of €10,254,600 had to be included in the Campus Stadium Ireland Development proceedings against Dublin Waterworld as claimed by the Department Secretary General in evidence to the Public Accounts Committee on 8 November 2011. [10510/12]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 82: To ask the Minister for Finance if he will confirm if the Revenue Commissioner advised him that the VAT amount of €10,254,600 would have to be included in the legal proceedings between Campus Stadium Ireland Development and Dublin Waterworld. [10511/12]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 83: To ask the Minister for Finance if he will confirm if he gave incorrect advice to Campus Stadium Ireland Development in relation to the issue of VAT on the lease of the National Aquatic Centre. [10512/12]

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein)
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Question 84: To ask the Minister for Finance if he is satisfied that the Valuation Office received the complete and correct lease of the National Aquatic Centre when it provided its valuation for VAT purposes in 2002. [10513/12]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 69, 75 and 81 to 84, inclusive, together.

The questions raised by the Deputy in relation to the Campus Stadium Ireland Development, the National Aquatic Centre and Dublin Waterworld Ltd are a matter for the Minister for Transport Tourism and Sport.

With regard to the application of VAT, the Minister for Finance and the Government decide tax policy and the Oireachtas enacts tax policy via the Finance Act process. Administration of enacted tax legislation is a matter for the Revenue Commissioners and I do not have a role in tax administration since this would undermine the independence of the Revenue Commissioners. The matters referred to by the Deputy are ones of tax administration that are exclusively in the remit of Revenue. I am advised by the Revenue Commissioners that VAT is a self-assessment tax. Persons registered for VAT, who are on the invoice basis of accounting, must issue an invoice in respect of taxable transactions and must remit to Revenue the VAT due on the foot of such invoices within 19 days from the end of the taxable period in which the invoice was issued. The taxable person is required to remit the VAT even if he has not received payment in respect of the invoice.

Litigation in relation to the pursuit of commercial debts, which may include VAT, is a matter for the person who is owed the money and Revenue does not advise litigants in relation to legal proceedings. I am informed that Revenue did not provide advice in the relation to the litigation referred to by the Deputy.

Finally, in relation to the Deputy's question about the Valuation Office, the Valuation Office is the independent State property valuation agency, headed by the Commissioner of Valuation. The Office provides statutory valuations under the provisions of the Valuation Act 2001. It also provides a valuation consultancy service to Government departments and public bodies.

However, I have been informed by the Minister for Public Expenditure and Reform that on foot of a request from Campus and Stadium Ireland Development Limited (CSID), the Valuation Office provided a valuation for VAT purposes on the National Aquatic Centre, dated 25th October 2002. The valuation for VAT purposes required an estimate of the unencumbered rent and the open market price. The Office did not have all the documents relating to the lease but it was supplied with a considerable amount of information including details of the encumbrances attaching to the lease and it sought and obtained further information it required. The Office is satisfied that it had sufficient information to enable it to decide on the most appropriate methodology to use in preparing the estimates of value to be made under the VAT legislation. The Office has indicated that it stands over its valuations.

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