David Cullinane (Waterford, Sinn Fein)
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180. To ask the Minister for Finance the number and details of compensation or redress schemes put in place by his Department since 1998, in tabular form; the number of claims made; the total cost of the scheme; and if he will make a statement on the matter. [6461/23]

Michael McGrath (Cork South Central, Fianna Fail)
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Taking into account the timeline specified and the resources required by my Department to research all relevant material, it is not possible to provide the information sought in the time available. Therefore, I will make arrangements to provide the information in a follow-up response.

Gino Kenny (Dublin Mid West, People Before Profit Alliance)
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181. To ask the Minister for Finance the position regarding the help-to-buy scheme; if there is any flexibility in the Revenue Commissioners clawback for someone who sells the property within five years; if he will outline the clawback appeals process; and if he will outline the details of any successful appeal to date. [6485/23]

Michael McGrath (Cork South Central, Fianna Fail)
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The Help to Buy (HTB) incentive is a scheme to assist first-time purchasers (FTP) with the deposit they need to buy or build a new house or apartment. The incentive provides a refund of Income Tax and Deposit Interest Retention Tax (DIRT) paid in Ireland over the previous four years, subject to limits outlined in the legislation.

Section 477C Taxes Consolidation Act 1997 (TCA) outlines the definitions and conditions that apply to the HTB scheme. Section 477C(17) TCA requires that a qualifying residence must be occupied for a minimum period of five years by the FTP as his or her only or main residence. Subsection 17(b)(i) provides that the FTP must notify Revenue that he/she has ceased to occupy the property and where the occupancy condition is breached, the HTB payment, or a proportion thereof, must be repaid to Revenue within three months of the residence ceasing to be occupied.

I am advised by Revenue that for group applications, i.e., where more than one FTP is a party to a HTB claim, no claw-back will apply where at least one of the FTP’s occupy the residence for the minimum five-year period.

The rate of claw-back due will depend on the year in which the residence ceases to be occupied. Section 17(b)(ii) provides that the applicable claw-back rate will be calculated as follows:

Paragraph 15 of Revenue's Tax and Duty manual 15-01-46 (Help to Buy) outlines the relevant claw-back provisions and sets out example scenarios. The manual is available on Revenue's website at www.revenue.ie/en/property/help-to-buy-incentive/index.aspx.

S. 477C of the TCA does not provide for any exceptions to the requirement that the property is occupied by the FTP for a minimum period of five years and Revenue does not have discretion in this regard.

Where a person liable to repay a HTB payment to Revenue fails to do so, Revenue may make an assessment or an amended assessment on that person. Where a person disagrees with the assessment, he or she may appeal the assessment to the Tax Appeals Commission (TAC) within thirty days of the date of the assessment. (The TAC is an independent statutory body tasked with managing appeals in relation to the adjudication of tax disputes. The TAC website outlines how the appeal process works.)

TAC has heard two appeals relating to the HTB claw-back provisions to date. Redacted versions of the determinations can be found on the TAC website (ref 145TACD2022 and ref 109TACD2022). Both appeals found in Revenue’s favour and held that a claw-back of the HTB payment was due.