Written answers

Tuesday, 16 May 2017

Photo of Kevin O'KeeffeKevin O'Keeffe (Cork East, Fianna Fail)
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136. To ask the Minister for Finance if he will include a specific skill (details supplied) in section 195 of the Taxes Consolidation Act 1997 to allow the Revenue Commissioners determine that certain work recognised as having a cultural or artistic merit is exempt from paying income tax in order that the skill meets that criterion for this exemption. [22679/17]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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Section 195 of the Taxes Consolidation Act 1997 empowers the Revenue Commissioners to make determinations in respect of artistic works in the following categories only:

1. a book or other writing

2. a play

3. a musical composition

4. a painting or other like picture

5. a sculpture

Guidelines were drawn up by the Arts Council and the then Minister for Arts, Heritage and the Gaeltacht, for determining whether a work which falls within the scope of the activities listed in the section is an original and creative work and whether it has, or is generally recognised as having, cultural or artistic merit and consequentially can qualify for the exemption.

As identified by the Minister for Finance, Mr. Charles Haughey TD, in his budget speech in 1969, the policy basis of the artists’ exemption is to provide "further encouragement to the creative artists in our midst and to help create a sympathetic environment here in which the arts can flourish". In light of this policy intent, I do not consider it appropriate to extend the exemption as proposed by the Deputy, as the activity described does not fall into the realm of artistic endeavour.

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