Written answers

Thursday, 7 May 2015

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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58. To ask the Minister for Finance the reason persons who are involved with a case in a family court cannot claim money back on the legal fees spent, but if it was a criminal case, the money could be claimed back; and if he will make a statement on the matter. [18034/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I am informed by the Revenue Commissioners that there is no provision in tax law under which an individual can claim a tax deduction in respect of legal fees incurred in family law or criminal cases.

For the sake of completeness, I wish to inform you that, in certain circumstances, Revenue will not seek to impose a tax charge where an employer pays legal fees on behalf of a director or employee in connection with:

(a) an investigation or disciplinary procedure instigated by the employer, or

(b) an action taken by the director or employee seeking compensation for loss of office or employment or, for example, for breaches of employment law by the employer.

The Deputy's question may relate to the availability of legal aid, which is primarily a matter for my colleague, the Minister for Justice and Equality.

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