Written answers
Tuesday, 25 November 2025
Department of Finance
Tax Code
Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context
261. To ask the Minister for Finance the way in which the price of 20 cigarettes in Ireland will be affected given the current European Commission proposal for a new own resource based on a tobacco consumption tax and if he will make a statement on the matter. [65433/25]
Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context
On 16 July 2025, as part of its draft Multiannual Financial Framework (MFF), the EU Commission published details of new own resources streams to support the EU Budget. One of these new streams is the proposed Tobacco Excise Duty Own Resource (TEDOR). On the same day that the TEDOR proposal was published, the EU Commission also officially adopted a proposal for a recast of the Tobacco Taxation Directive (TTD).
Put simply, the TEDOR proposal is that a portion of every Member State’s excise receipts from manufactured tobacco and related products would go directly to the EU Budget, rather than remaining as domestic revenue. Under the TEDOR proposal a call rate of 15% would apply to each Member State, based on the amount of relevant products released for consumption and the minimum tobacco tax rate applicable to that Member State in a calendar year. Both of these matters are themselves the subject of significant changes under the EU Commission’s proposal for recast of the Tobacco Tax Directive (TTD).
The TEDOR proposal, if adopted, of itself will not give rise to a change in the level of tax applied by Member State to tobacco and related products.
Discussions on the TEDOR proposals, and the proposals to recast the TTD are ongoing at EU level and my Department and Revenue are working closely in progressing these files. Although the two proposals are linked, they are independent of each other.
Niall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context
262. To ask the Minister for Finance if he will consider deferring a requirement to register VAT for poultry farmers (details supplied) in order to allow more time to restructure; and if he will make a statement on the matter. [65459/25]
Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context
The VAT treatment of goods and services is subject to the requirements of EU VAT law with which Irish VAT law is obliged to comply. In general, the EU VAT Directive provides that suppliers of goods and services are required to register for VAT, and to charge and account for VAT on the supplies they make. The Directive also provides that VAT-registered businesses are entitled to claim deductions for VAT they incur on making their supplies.
The Directive allows Member States to operate a simplification arrangement, known as the SME scheme, under which businesses do not need to register for VAT provided their turnover in the current and previous calendar years do not exceed the threshold set by the relevant Member State. The turnover thresholds in Ireland are €85,000 in the case of a business engaged in the supply of goods, and €42,500 for a business engaged in the supply of services or in the supply of both goods and services.
The Directive provides for a further simplification arrangement known as the farmers flat-rate (FFR) scheme which is designed to reduce the administrative burden on farmers. The FFR scheme allows farmers to remain outside the normal VAT system, thereby avoiding the obligations of registration and returns, while permitting them to charge and retain a “flat-rate addition” on the agricultural supplies they make in the course of their farming business, as a way of compensating, on an overall basis, for VAT incurred by FFR farmers on their purchases of goods and services.
With effect from 1 September 2025, broiler chicken services have been excluded from the FFR scheme in accordance with an Order made by my predecessor under Section 86A of the Value-Added Tax (Consolidation) Act 2010. The making of this Order followed extensive consideration of a 2019 report to the Minister for Finance by the Revenue Commissioners of the review Revenue conducted which showed that the broiler chicken services sector was engaged in practices and business models that were leading to systemic overcompensation of the sector under the FFR scheme, contrary to what is permitted by the Directive. Despite the report and repeated engagement by my Department with representatives of the sector, including over the past year, it was clear that the relevant practices and business models in the sector had not changed substantially in the intervening period, and therefore, it was necessary to exclude the sector from the FFR scheme – as is provided for under Section 86A – in order to ensure that Ireland appropriately observes its obligations under EU law to guard the scheme from systemic overcompensation.
Upon exclusion from the flat-rate scheme, broiler chicken services are required, under EU law, to be treated similarly to other services supplied by businesses in Ireland. Amendments to section 6 of the Value-Added Tax Consolidation Act 2010 which are included in section 67 of Finance Bill 2025 (as passed by Dáil Committee) will legislate for this.
Of course, such suppliers may avail of the SME scheme, where applicable to them. Agricultural activities covered by the FFR scheme are not included in the calculation of the threshold for the purposes of the SME scheme. However, once a business is VAT registered, the registration overs all activities of the business. This means that a farming business which is VAT-registered cannot also avail of the FFR which, in accordance with EU law, is solely available for unregistered farmers.
Therefore, following enactment of the Finance Bill, farmers who supply broiler chicken services will be required to register for VAT from the date their supplies of goods and services, other than those covered by the FFR scheme, reaches €42,500 in a calendar year. Thus, there is already lead in time to allow mixed farmers restructure their enterprises, if they so desire.
Revenue has already issued detailed guidance for broiler farmers regarding the implications of the Section 86A Order, and Revenue will shortly issue further guidance on enactment of the Finance Bill. Any delay in aligning the registration requirement for broiler chicken services with other agricultural supplies outside the FFR scheme, and other taxable goods and services, would undermine the integrity of both the FFR and SME schemes, and exposes Ireland to the risk of infringement proceedings by the European Commission.
Finally, it is important to note that the FFR scheme is solely designed to reduce the administrative burden on farmers. No additional VAT is incurred by a farmer who registers for VAT. When registered, the farmer is obliged to charge VAT on their supplies and is entitled to claim a deduction for VAT incurred on inputs used for the purposes of making those taxable supplies.
No comments