Written answers
Tuesday, 27 July 2021
Department of Finance
Tax Code
Brendan Griffin (Kerry, Fine Gael)
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404. To ask the Minister for Finance if he will provide an update on the public consultation process on corporation tax; if he has received submissions from County Kerry; and if he will make a statement on the matter. [40679/21]
Paschal Donohoe (Dublin Central, Fine Gael)
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You may be aware that on 1 July 2021, the OECD Inclusive Framework reached agreement, but not consensus,on key aspects of the two-pillar solution to address tax challenges arising from digitalisation and globalisation. Pillar One proposes a re-allocation of a proportion of tax to the market jurisdiction, while Pillar Two seeks to apply a global minimum effective tax rate.
Ireland is supportive of the Pillar One proposals to re-allocate a proportion of taxing rights to market countries, recognising that the international tax framework must evolve to accommodate changes in how business operates in today’s digitalised economy. There will be a cost to Ireland for this in terms of reduced corporation tax receipts but, overall, Pillar One will bring stability and certainty to the international tax framework and will help underpin economic growth from which all can benefit.
I have been very clear that Ireland is broadly supportive of the agreement but I signalled a reservation in the respect to a commitment to a rate of ‘at least 15%’ for a global minimum effective tax rate. As a result of this reservation, Ireland was not in a position to join the OECD Statement.
I have consistently said that Ireland wants to be part of the agreement at OECD. However, any agreement must bring certainty and stability.
Given the economic significance of the OECD proposals to Ireland, it is important that there is a dialogue within our political system, with stakeholders and with citizens in respect to these proposals. In that regard, I launched a Public Consultation on the proposed OECD agreement on 20 July.
Interested parties are invited to respond to this consultation on Ireland’s approach to the international tax proposals being discussed at the OECD/G20 BEPS Inclusive Framework and, specifically, in relation to how our approach and those proposals can continue to support economic growth and prosperity.
The consultation period runs until 10 September 2021, and details of how to engage are available on the Department of Finance website.
Given that the consultation does not conclude until 10 September, it is premature to provide an analysis of the submissions received.
Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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405. To ask the Minister for Finance the reason performers of live music at functions, dances and in venues including pubs are subject to the standard VAT rate of 23% for their hiring service or admission charges while performers of live music in theatres and other venues with or without food or drink are subject to a much lower VAT rate of 9% or no VAT; and if he will consider lowering the rate for those workers and businesses who provide the service of live music currently charged 23% to assist in the recovery of the music and entertainment sector following the devastating effects of the Covid-19 pandemic and restrictions. [40720/21]
Paschal Donohoe (Dublin Central, Fine Gael)
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The VAT rating of goods and services is subject to EU VAT legislation with which Irish VAT law must comply. In general, the EU VAT Directive provides that all goods and services are liable to VAT at the standard rate, currently 23% in Ireland, unless they fall within categories of goods and services specified in Annex III of the VAT Directive, in respect of which Member States may apply a lower rate from VAT. Ireland, in line with the VAT Directive, also maintains several standstill provisions and derogations that allows it to maintain reduced rates to certain supplies for historical reasons. It is on this basis that Ireland had provided for an exemption or a reduced rate of VAT of 9% to apply to the promotion of and admissions to live theatrical or musical performances (excluding dances) depending on whether food or drink is available for consumption.
It is not possible under the VAT Directive to allow a reduced rate of VAT to be applied to the fee charged by a performer; this can only be applied to the promotion and admission charges. This means that where a band or entertainer is hired for a function such as a wedding, the hiring service is subject to the standard rate of VAT, currently 23%.
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