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Dáil Éireann debate -
Wednesday, 21 May 1941

Vol. 83 No. 6

Financial Resolutions (1941-42)—Report (Resumed). - Resolution No. 23—Corporation Profits Tax.

I move:—

That the Dáil agree with the Committee in Financial Resolution No. 23.

This Resolution prepares the way for Finance Bill provisions designed to give effect to proposals in the Budget speech in relation to amendments of the existing scheme of corporation profits tax. Broadly speaking, the proposals are directed towards profits arising on or after the 1st September, 1939. The rates of charge are to be increased from 7½ per cent. and 10 per cent. to 10 per cent. and 12½ per cent., respectively, while the margin of exemption is to be reduced from £5,000 to £1,000. It is proposed to extend from three to six years the time limit for making assessments in respect of accounting periods ending on or after the 1st September, 1939.

The most evil thing in this is the retrospective effect. We had a Budget in 1939, a Budget in 1940, and now it is not until the Budget of 1941 that we are going to go back over the last 18 months in respect of this tax. When the Minister said this evening that the same rule or principle applied to assessments for income-tax he was altogether wrong. The law was changed in 1929 to allow the assessment of income-tax to be on the income of the previous year. The alteration in the method of assessment and the reasons why that had to be adopted were that there were certain cases in which dividends were not declared until February and one would not know what income there would be until February in order to bring into conformity the same practice in the two countries, because there were some people paying income-tax in both countries and so on.

It was arranged that we would take the assessment for the previous year to be regarded as a man's income for the current year. It is not equitable in certain cases. In the case of a falling income it is very inequitable but in the case of a rising income it is in favour of the taxpayer. In times like these it is inequitable because incomes from investments are showing a disposition to fall rather than to rise, but the first evil thing about this is its retrospective character. These accounts have been definitely closed, and we are opening them to assess them again, not only in respect of an increased impost raising the corporation profits tax, generally speaking, from 7½ per cent. to 10 per cent., but also extending the scale of the charge.

Formerly a business escaped which earned profits up to £5,000 a year. Now that is scaled down to £1,000 a year, and a whole group of small businesses will be brought in which were not formerly liable, but which will now be taxed in respect of a period which is entirely closed. The thing is most unjust. There is neither principle nor morality in it. It is, purely and simply, pilfering, and pilfering is all the more detestable when it is the small people who are most heavily hit. It is a bad thing to go back in respect of taxation. Retrospective taxation is indefensible. The Minister is in financial difficulties. That is his own business. He knew what he was doing and saw what he was doing every day. His means for improving the situation is to tax those who believed they had paid their way during a particular period. Whatever can be said for the excess profits tax, for getting into the grip of the Revenue Commissioners people who have profiteered—and no great case has been made to show that there is a very big section of people liable to this tax at all—there is no case whatever for widening the scope of the charge in this instance retrospectively, and increasing the charge, in addition. It is one of those impositions which bring discredit on the Ministry, on the Minister, on this House and on public representation.

I also object to the retrospective aspect of this tax. The Minister has sought to draw what I consider to be a most unfair parallel between the present position, in which income-tax and surtax are assessed in respect of the previous year, and the retrospective aspect of this tax. I should like to remind the Minister that the reason for assessing income-tax on the income of the previous year is in order, firstly, that it may be ascertained and, secondly, that the taxpayer may know the bill he has to face, and be prepared for it. In this case, a company knows, or thought it knew, its liability for corporation profits tax. Its dividends have been distributed and its allocations made. Now, the Minister comes along and wants to rip all that up. Has the Minister considered the possibilities for a company faced with paying this tax retrospectively? Firstly, they can go in on their reserves. I suppose the Minister will say: "Let them go in on their reserves," and I suppose companies which have reserves can do so, but is that fair, and are they to make provision in the future for meeting unknown taxation? In other words, will a company be justified in delaying its allocations for 12 months because of fear of impending taxation?

Another alternative for a company would be to write to their shareholders and say: "Dear Sirs: Before ascertaining the profits, we considered that we had made provision for corporation profits tax, etc. We now find that in order to pay corporation profits tax, only half the dividend we declared this year should have been paid. Will you kindly refund us half the dividend?" Would that be fair? It would be just as fair as the Minister's proposal. What the Minister says, in effect, is: "I must get the money somehow." But if this procedure is to be followed, is there any reason why the Government should not go back to income-tax and other taxes for a year which is closed? This proposal will have a very adverse effect on the business community. They do not know where they are and they do not know what taxes they are faced with. Those which are carrying on have faced up to the situation they have to meet and they have met it according to their resources, but now something is lumped in on them which they did not expect.

Another point in this connection is that our income-tax rate is now 7/6 in the £. Under this 10 per cent. proposal, there will be added another 10/- in the £, so that companies' income-tax will now be assessed at a rate of 9/6 in the £. I think the British rate of income-tax at present is 9/6 in the £, and if we have to face a 9/6 income-tax rate in peace time, God knows what would have happened to us if we had gone to war. I urge again on the Minister that it is the retrospective aspect of this tax which is so unjust and so injurious, and the effects of which will, I am afraid, be felt in the future.

Many people in this House get it into their heads, when one starts to talk about companies, that one is talking about great wealthy corporations and the feeling is: "Oh, if Guinness have to pay 10 per cent. what matter? They will be well able for it." The vast majority of companies in this country are drapers' shops in Ballywillan and bake houses in Carndonagh—comparatively small local enterprises which have incorporated themselves for convenience and thus render themselves liable to the impact of corporation profits tax. I think the point made by Deputy Dockrell is very weighty, with regard to the company which is not in a state of extravagant prosperity but is paying its way, which pays a reasonable, conservative dividend at the end of its financial year, but, knowing that its shareholders are small people, pays out as much of its profits as it properly can. This enactment suddenly puts the directors of that company in the position of very improvident men, in that they have paid out a sum probably substantially more than they actually made. That is, of course, conduct which may seriously embarrass any company, but come down to the small company in rural Ireland—and I am not thinking of large establishments in Dublin, Cork or such places. Take the small bakery establishment. It has been a long time considering whether or not it will put in machinery. It has naturally accumulated a reserve from year to year, a fund designed to finance the installation of the machinery for going over from hand-baking to mechanical baking.

Possibly they asked themselves one day: "Will we get out of the bakery trade altogether and get rid of these bakers or lay out a substantial capital sum on mechanising the establishment and keep these men in employment?" Perhaps the total expenditure on mechanising the bakehouse will come to £1,000. Over a number of years perhaps they have saved up £600 and eventually they say: "We will do it now." Perhaps they take 1 per cent. off the dividend, take a slight risk, and put £400 to the £600 they have saved in order to mechanise the bakery. They feel that they are stretched out like the fellow on a barge with a barge pole which is stuck in the mud; they are stretched to the limit of their capacity, but trust that all will go right until they get to sound ground again. Probably the bank has lent them the last penny it is prepared to give. Given a chance, they will come through all right. But, into the middle of these difficulties is injected an announcement, not that they have been profiteering, not that they have been doing anything unfair or wrong or unreasonable, but that the Minister for Finance made a slight slip 12 months ago and, instead of making them liable for the corporation profits tax then, is doing it now. They are suddenly confronted with a bill for corporation profits tax in respect of a year for which they have closed their accounts and in respect of a year in which they have gone to the limit without any added burdens at all.

Of course it is never reasonable to ask a Minister to legislate for the exceptional case. I suppose any tax that is put on in this House will hit some individuals harder than the Minister intended to hit anybody. No reasonable man could complain about that. There are two grounds on which one may legitimately criticise a tax. One is that the tax is too heavy, and in the circumstances in which we find ourselves at present, speaking for myself, I would find very few taxes deserving of criticism on that ground. But the other ground on which one might legitimately criticise a tax is that it is unfair. That is the ground on which I criticise this tax. We are throwing on people a burden which they have not braced themselves to bear and which they have been led to believe they would never be asked to brace themselves to bear.

We have a duty to the people, just as much as the people have a duty to the State. We have a duty to tell the people the measure of the burden they have to carry. But it is our job to see that that burden is laid upon them in a way which will make it physically possible for them to bear. But, if in addition to piling on burdens which we consider necessary for the safety of the State, we pile them up in such a way as to add materially to the difficulties of those who have to bear them, then we are open to very grave reproach.

I am not thinking in connection with this tax of the Jacobs, the Guinnesses, the Dublin Transport Co., and the larger corporations in this country. I am thinking of the companies it will really hit, and they are scattered all over the country. Valuable and significant as is the contribution to employment made by the great corporations in our cities, if you were to put the employment given by the hundreds of small companies all over the country against the employment given by individual big corporations, you would find that it was the small companies who were employing the vast bulk of the industrial and commercial employees. There is this interesting difference, that the impact of one year's misfortune on a large company that talks in terms of 10, 15 and 20 per cent. dividends can be absorbed without any great hardship. But the small company may have very radically to amend its whole set-up in order to recover from the blow which may fall upon it under this Resolution, and one of the absolutely essential adjustments that it would have to make would probably be the disemployment of certain individuals which it no longer could afford to pay.

That is an argument which is put up in respect of every tax: that if you raise a tax above a certain level, one of the economies the taxpayer will have to make is to let employees go. I believe that in the present situation most of the individual citizens of this State would sooner give up some of their ordinary luxuries in order to carry a man on in employment for the time being. But, if you are a director of a company, if you are a trustee for shareholders, you cannot indulge your own personal charitable inclinations at the expense of the shareholders. If you are the director of a small company, your primary obligation is to maintain the solvency of that company, whether you think it is harsh or otherwise to dismiss a man. If the alternative is to turn up with a loss at the end of the 12 months, you will have to dismiss him, because you are not dealing with your own property, you are a trustee.

For that reason I object to the retrospective character of this tax. As I say, there are others who are more deeply versed in the financial and economic situation of the country than I am. I will not concern myself greatly in these times to remonstrate against additional taxation. I think there is force in the Minister's plea this year: "I have to get money and I must get it somewhere." But I most strenuously object to getting money in a way that is calculated to cripple citizens who are showing nothing but the best of goodwill. I think that to screw money out of them and kick them in the pants at the same time is more than human nature ought to be asked to bear. I think the Minister ought to drop the retrospective character of the proposal.

I would not get any money then.

Then drop the whole proposal. What you will get out of this is not worth it. Drop the precedent in respect of the corporation profits tax. When we come to discuss the excess profits tax I would make the same case I am making now in regard to the retrospective provisions, but with qualifications. But here is a normal tax. It is simply tax on incomes with no penal element involved at all. Whatever you will get out of it, if you have to depend on its retrospective character to get it, then drop the whole proposal, because it is thoroughly bad. It is bad now and it is a bad precedent. It will be built on by successors of the Minister in time to come.

So far as I am aware, every Dáil has condemned the principle of retrospective taxation, not on account of its weight, but on account of its injustice. Whether a man in this country is a millionaire or a pauper, he is entitled to justice. We have no more right to treat a man whose annual income is £150,000 unjustly than we have to treat unjustly the poorest person in the country who is living on outdoor relief. If we set up for the rich a different standard of justice from that which we insist on observing in respect to the poor, it will be only a matter of time until the rich and the poor are steam-rolled by the House to get what we want out of them without any regard to their just claims in equity and justice before the country.

I had hoped that, after considering the various representations made to him, the Minister would to-day offer a concession in this matter or a justification for his action.

I agree with the other Deputies who have spoken on this, and who have clearly indicated that a retrospective tax is an objectionable tax. In this case it is particularly objectionable in that it brings down the limit from £5,000 to £1,000. It is going to strike the very small man. In addition, there are very few companies that can expect to do anything like a normal trade this year. They will, therefore, have to find two years of this retrospective taxation out of extremely problematical profits. That was clearly indicated, I think, by the interjection of the Minister during Deputy Dillon's speech, when he said that if he did not make this retrospective he would get no money. That shows that, in his view anyway, there will be very little profits made by companies this year. Therefore, he is now asking them to pay, in respect of the two back years, out of the year in which he himself does not expect they are going to make any profit at all.

Having listened to the appeals made to the Minister not to put on this excess profits tax——

That is not the Resolution before the House.

Well, the retrospective tax. I want to say to the Minister that I agree with him in doing so. I have heard Deputy Dillon talking about justice—about the millionaires as well as about the poor men and the paupers. Of course, it is the millionaires who make the paupers. I want to say that, as regards any man who made excess profits——

The House is not dealing with that Resolution.

Are we not dealing with excess profits made over the years 1936, 1937 and 1938?

Not in this Resolution.

The Deputies are objecting to making this excess profits tax retrospective.

We are not discussing the excess profits tax, but the corporation profits tax in this Resolution.

They are also retrospective.

I thought that this Resolution embraced the excess profits tax.

Not this Resolution.

We had a wailing justification from the Minister that he must get the money. I take that as indicating this tendency, that he does not like retrospective taxation, and that he would avoid it if he could. He agrees that it is a bad principle.

And that it is particularly bad in this case—in getting after profits which may not have increased since the war started. The Minister is going to take a bigger amount of possibly decreased profits after the period since the war started. The Minister's only justification for this is that he must get the money. I suggest to him that, before he does that, he ought to be in a better position to justify himself in regard to economies. He made no justification on that. He did say that he had approached various people, and made a misleading statement with regard to people which, however, he afterwards corrected. It seems to me amazing that this country is supposed to be able to bear the expense of an Army costing £25,000 a day at a time when the Minister presents himself to the House as a person who is unable to effect economies to any extent in the other State services. I should have thought that the Minister would, first of all, have gone to the spending Departments and said: "Very good, this year we have to find £9? millions for the Army, some to be raised by borrowing and more of it by taxation. It is a very heavy burden, and before I start to impose taxation of that type, particularly retrospective taxation, I want to know that every penny has been skinned off the Estimates." Instead of doing that, the Minister comes in here and says he tried to get the Defence Estimate cut down and could not get any support for himself on that.

What about the other Estimates? Does the Minister present himself to the House in this way, that, no matter what happens in the country, he is going to get this extra load of £9? millions slapped on the people, and that he cannot save, say £100,000, on any of the ordinary Estimates? If that is so, it is incredible. The Minister is expecting to get £1,700,000 under this tax. If business begins to collapse, and that next year the Minister has to make the same demand for £9? millions for the Army, part of it to be raised out of taxation and part by borrowing, and that by reason of businesses failing his revenue also begins to fade out, surely in those circumstances he is not going to come here and say that there is not a penny to be lopped off anywhere. In doing that, the Minister would be presenting himself to the House in a ludicrous position. No one is going to credit that.

During late years we have heard of some efforts at economies, but they have not resulted in any good. One year we were told about the committee that had inquired into the expenditure of the various Departments. Later, there was the lamentation that it did not achieve much. A big effort should have been made this year to cut down expenditure. The spending Departments should have been told that they were on a ration: that they could spend up to a certain amount and no more, and that all excrescences should be lopped off. A deaf ear should have been turned to all fancy spending. In fact, all fancy spending should have been hacked down to the roots. The expenditure on all the ordinary services, leaving out the Army, should have been cut down when we think of this extra burden of £9? millions on an already over-taxed community.

The Defence Estimate itself requires close examination. It was presented to the House in bulk, and for various reasons it was not discussed here in detail. No one engaged in professional, business or commercial life believes that the proposed expenditure of £9? millions on the Army this year is money that is well spent, and particularly when they get a hint as to the proportion of it that is to be spent on equipment. I suggest to the Minister that before he says he must get the money, he should tell the House, in an exhaustive way which would convince the public, of the various steps he has taken to effect economies in all State services, other than the Army; how far he scrutinised the spending Departments, whether he put up any suggestions for economies and, if so, why he was rebuffed. This tax has definitely been introduced by the Minister in a setting which was, I think, deliberately intended to get him popular acclaim. He has caught Deputy Hickey with it because he has said that he was going to give to the Exchequer a very substantial proportion of the increased profits which have accrued as a result of the war. In the Budget statement we get this:

"Corporation profits tax at present is not charged on the first £5,000 of profit. I propose to reduce this exemption limit to £1,000."

Deputy Hickey may be interested to know that if firms failed to make a profit of £5,000, if they only made £3,000 or £4,000, they are going to be taxed on all they made over £1,000, and that certainly cannot be caught by the phrase, "Excess profits which have accrued as a result of the war."

There are other matters that will arise on the amalgamation of these Resolutions. There are certain figures that will require some explanation. I want to stress a point that was made by Deputy Dillon, already revealed to us in one of the reports of the Census of 1936, the report that was produced at the time the industrial volume made its appearance. We get a note on page 8 of the report to the effect that a feature of the table with regard to industrial production was the decline in the number of small firms engaging in industry. We get that at a time when the report was referring to increased industrial activity.

The peculiarity was that although there was an increase in industrial activity, of course entirely balanced by a bigger decrease in agricultural activity, still inside the sphere of manufacturing industry there was a decline in the number of small producers. There is a small paragraph further on which sums up the matter. It says that it seems generally to be true that the considerable development in productive industry in the past decade has been accompanied by a decline in the number of small-scale producers. Deputy Dillon expressed the view that this will have the effect of preventing some of the smaller people from developing, so you are following the bad social tendency which had been observed in the Census of Production.

I think Deputies are prone to lend too ready and willing an ear to the suggestion that the businesses in this country which will be hit by this tax will be big businesses, and, as the big business people are more notoriously the enemies of the poor than the smaller business people, well then, let them have it, and have no great sorrow for them. Of course, those people who are in industry, those people who are in business, those people who are going to be hit by this tax, are people who are giving considerable employment, and I do suggest to the Minister that there is a point of principle involved. I think the Minister is following in the footsteps of his predecessor, who imposed a certain retrospective tax on the banks, but nobody bothered about it because the banks were among the bigger people. Here again we have the tendency developing, and it cannot even be excused on the grounds of "excess profits which have accrued as a result of the war". Apparently, either the Minister is reckless as to the harm he will do, or he has duped himself into the belief that he has to be indifferent to it because he has no other way of getting the money. I should like the Minister, before the debate ends, to let us know what would be the result, say, over a period of three years, if he put on this corporation profits tax at the lower limit and at this higher rate which he proposes now, and carried it on as from this moment? How would he fare if he did that, say, over the three years' period ahead? How would that compare with what he hopes to get under this part of his Budget proposals, retrospective as they are? I should like to have that particular matter explained.

In connection with this tax, and also in connection with the next one—possibly the Minister has certain figures which he can give me—as I read the table of receipts and expenses I find that the Estimates for 1941-42 of all taxation show that between corporation profits tax and excess profits duty the sum of £673,000 was expected; we will call it £700,000. He expects to get in an additional £1,400,000 in this year, that is double what he used to get from the combination of those two taxes. I am merely emphasising that to show the shattering blow which this is likely to be in certain industries; in other words, they have to find in this year the amount which ordinarily under the old taxation, and it was heavy enough, they would find in three years. They are going to find all that in one year. In addition, Deputy Dockrell and Deputy Benson have referred to the fact that a lot of them had possibly distributed in dividends the money that came into their hands.

They have no way of getting that back unless the Minister is going to amend the law to compel people to pay back the profits distributed to them by way of dividends. If not, does he contemplate with an easy mind the fact that business people hit by this tax will have to go to the banks to borrow money in order to pay the Minister, and how does he hope that they will be able to pay that money back in a period when trade is on the decline, and when the Minister's colleague is actively engaged in calling in employers of all types and telling them that, as far as he can see from the amount of stocks in the country, business will be seriously on the decline before the autumn has gone? I have been wondering for some time past whether the Minister for Finance, in putting up those proposals, consulted his colleague in Government, the Minister for Industry and Commerce, and got from him—or credited when he got from him—the story which the Minister for Industry and Commerce told employers recently with regard to the possibility of business being very seriously brought low inside a very limited period. I suggest to the Minister that before this taxation is imposed he should certainly go back and search hard to see whether the amount to be derived from it could not be saved out of the masses of money which we are voting for other services.

Deputy McGilligan has pointed out that Deputy Hickey has been misled by the complexion put on the taxation of industries by the Minister in his Budget speech. As Deputy McGilligan has pointed out, the Minister said: "I, therefore, propose to make certain changes in the corporation profits tax, and these changes include a modification designed to give the Exchequer a very substantial proportion of the increased profits which have accrued as a result of the war." I think that is really a most misleading statement. In our present circumstances, in discussing what we are doing with our finances, I do not think the Minister should leave that statement in the form in which it is. He must know how misleading it has been to the House, and to people outside. In whatever conversations he has had with groups representing industry, or other people, since he made his Budget speech, he must realise how misleading it is. On the question of profits, Deputy Hickey seems to feel that the word "profits" is one which should be cut completely out of our dictionary.

Excess profits. I did not say "profits".

I still feel that, to Deputy Hickey, the word "profits" is just like a red rag to a bull.

Not exactly. What I did say was that if a man makes excess profits due to the war——

It is only because of the Minister's misleading statement here that anybody has mentioned the words "excess profits" in connection with the Resolution we are discussing. I would ask Deputies, when considering this matter, to remember that—just as some people work for wages and some people work for salaries, while the professions work for fees—in the case of the shopkeeper or manufacturer who is running an industry, and employing other people to do his work, the only word you can apply to what he gets in what is analogous to wages or fees or salaries is the word "profits".

There is another word —the word "loss".

Well, I have heard the phrase "making a loss", but I have never heard the phrase "getting in a loss". I am talking about what he gets in to pay him for what he is doing.

You cannot call it "profit" until all wages and salaries are paid.

What we are talking about here is that which the shopkeeper or manufacturer has left after he has honoured all his debts, after he has paid all his wages, rents and overheads. In the discussion of this Resolution at any rate, Resolution No. 23, let us regard the word "profits" as nothing more malicious or objectionable than "wages" as describing what the workers get, or "salaries" as describing what the officials get. Let us say that, in the City of Cork, there is a person with a salary of £2,000 a year, and that there is a shopkeeper carrying on a business, or a man carrying on a little industry and giving employment, with profits of £2,000 a year. You have there three people, one with a salary coming in for work done, employing nobody, except giving such employment as he gives in his home, and then you have the shopkeeper and the manufacturer. Why should the man who gets an income of £2,000 a year out of employing people to run a shop, or a man who gets £2,000 a year out of getting people to run an industry, have to pay £100 more in taxation than the man who gets £2,000 simply because he goes in and does his job? This resolution proposes that on the second thousand of receipts the manufacturer or the shopkeeper, if they are limited companies, will pay £100 more. If you have a shopkeeper running the shop simply for himself, and who has not made use of the limited company machinery, or if you have a person running an industry who has not made use of the limited company machinery, that person is going to pay £100 less in taxation than the person who runs a limited company. That is utterly absurd and unfair discrimination, and this resolution proposes that there shall be that particular type of discrimination.

If we take a commercial establishment that is a limited company and that has been having profits of £4,000 a year for the last three or four years, before the emergency arose and when the income-tax was 5/6 in the £, they paid income-tax on the gross profits of £4,000, which brought that amount down to £2,900. There was no additional taxation to be paid by way of corporation profits and therefore their net income, less the tax at 5/6, was £2,900. The income-tax was raised to 6/6 at the beginning of the emergency period. With the same gross profits, that commercial establishment was left with £2,700. A firm in that position, because of the retrospective effect of the Resolution, is finding itself charged with a corporation profits tax. That firm was carrying on under the stress of the emergency and the business was so well managed that, in spite of difficulties, they still managed to maintain the gross profit and continued to employ the full staff. That firm is going to be charged retrospectively £203 and, instead of having a net income of £2,700, that amount will be reduced by £203 in a normal year. If the firm maintains the level of profits of past years it will have to pay an additional £203.

That is being done at a time when the Minister for Industry and Commerce gathers together the representatives of labour and industry and says to them: "We are going to have a serious shortage of material. We are going to have a very considerable amount of unemployment. I want you to do your best on your side to see that employment will be as widespread as it can be and, in order to help you to do that, I am prepared to change the regulations in regard to unemployment insurance and unemployment assistance so that, while you run your business in the most economical way you possibly can, spreading out employment, I will assist you, if necessary, with a loosening of the regulations that will enable additional Government money to be paid to these people under the unemployment insurance scheme so as to keep things going." It is while the position of industry and employment is driving the Minister for Industry and Commerce to take these steps, that the Minister for Finance is not only telling industry: "You will have to carry on by yourselves during the present year so as to bear an increasing burden of taxation"; but also: "I am going to go back and take out of the profits you made last year—although you may not have made as big profits last year as you made before—a certain amount of taxation."

We asked the Government a month before the Budget was introduced to review the general situation in the country so that various aspects of things that are now being dealt with piecemeal by different Ministers in different ways would all be reviewed and, when we were discussing what money we wanted to spend and how we were going to get the money, we would have before us a situation that we had been reviewing thoroughly and we would not have the situation that we now have, where the money is being taken from the very foundations of our industry. Many of these industries are small struggling ones and many of them are big ones, where men have worked and slaved night and day to get through the difficulties the emergency has brought upon them.

I do not think the retrospective aspect of this tax can stand. I do not think that some of the discrimination that is in it as between limited companies and concerns carried on by private individuals or professional people can stand, because if industry is the thing we are depending on to maintain our town and city population, why is it that it is from the well of capital that is supporting industry that this money is to be taken? It is like feeding somebody suffering from some kind of wasting disease with a bit of his own limbs. We ought to be clear in our minds, when discussing this particular Resolution, that we are dealing only with ordinary income. It is called profit because it cannot be called wages or salaries or anything else, but it is as innocuous and simple and unaggressive a thing as wages and salaries.

We have a discriminatory tax put on here, and we have had it put on a limited class of people, these being the class of people upon whom the towns depend mostly to keep family life in operation, to keep men working and to take young people in and train them and employ them. These are the people upon whom this particular tax is put. They are not only being told, as I say, in fairness, they ought to be told: "You will have to bear this tax in future", but they are being told: "You will have to pay out of the bit of reserves, with which you thought you were going to be able to carry on for a while, additional taxation." There is not only unfair discrimination there, not only an injustice in going into the past, but I believe it is absolutely unsound to take this tax and put it on the limited class of people on which it is put. I do not think there can be anything but very serious results from it.

I should like to take Deputy Hickey a little further on this matter, since he has been made the subject of this particular advice, and to tell him, in starting, that he has got to consider this from two points of view, namely, that of the kind of people whom Deputy Mulcahy called poor people, but whom I would call plutocrats, and also that of the really poor people. I should like Deputy Hickey to remember that this Government had to put a tax of 4d. an ounce on the tobacco of the poor fellow who gets one day's work in the week on the docks, or the poor fellow who works on the farm down in the country.

I do not think I advised that, certainly.

I shall take Deputy Hickey a step further. Deputy Mulcahy asked why a limited company should pay more than an individual. He asked what was the difference. I think that Deputy Hickey and I will understand one another after a while. Take the case of an individual who buys a factory for £47,000, for a kick-off, and who waters it down or over-capitalises it and turns it into a company, named "Rackets Limited", with a capital of £163,000 and who, having done that, so that he would not show more than 6 per cent. dividend on the shares, starts business. Now, I would ask Deputy Hickey whether that man should be taxed more, as an individual with £47,000 or on the £163,000 to which he had blown up the industry.

I am afraid the Deputy is misunderstanding the point I was on a while ago.

I am not dealing with Deputy Hickey's statement now, but I am giving that as an example. When he is thinking over Deputy Mulcahy's warning that we should not go back on these fellows, let him think of the happy joker we had last year who bought 120,000 tons of farmers' wheat at 35/- and who then wrote to the millers demanding 43/2 and saying that if he did not get it he was going to tell his friends in the Government about it. In plain language, if he was not able to clear about £50,000 of loot out of the farmers' pockets here, he would complain. Would Deputy Hickey go back on that fellow and take some of the loot off him?

Of course I should.

Very well. That is the poor fellow for whom Deputy Mulcahy has pity. He does not want any retrospective taxation to go back on that fellow's profits for last year. Then take the case of the gent who bought my oats for 8/- a cwt. and sold it to my neighbours for 25/-.

On a point of order, Sir. We are not discussing excess profits now, but Resolution No.23.

Resolution No. 23 has nothing to do with excess profits tax.

We are not discussing excess profits tax, but corporation profits tax and whether it should be made retrospective or not, and I was giving the reason why.

Because they made excess profits.

Because they are profits. We shall deal with the excess profits in the next round, but I am dealing with a particular class of individuals and the limited companies, and I am telling this House what, in my opinion, they are. On a previous occasion I had the support of Deputy McGilligan, who was shouting "shame" when I was giving out the history of that thing, and we had Deputy Mulcahy shouting out "outrageous". Now, however, what do they want? What do they want to save that man from now —the limited merchant company down the country that bought my oats at 8/- a cwt. and sold it back to a neighbour, three months afterwards, at 25/-? According to them, we are not to have retrospective legislation at all in that case; we are not to go back on that man because, although he made a profit, he might have distributed it to his chums in order to try to cloak the income-tax returns. We are not to go back on those fellows. That is the argument that is put up now by the friends of the poor on the opposite bench. Let us be clear about this matter, and let us get down to it.

It will take the Deputy a long time to be clear about it.

I am very clear about it, and any kind of smoke-screen that Deputy Mulcahy may try to put around it will not keep me from showing up the facts.

The Deputy is so bothered by what happened him at the hands of his own Minister when he raised this question before that his mind is not clear yet.

I am very clear about the matter, but I see that the Ceann Comhairle is coming into the Chair now to save the Deputy from the lambasting he might get on this matter.

You have the advantage now.

Both of us shall have the one Ceann Comhairle. That, however, is the position, and yet Deputy Mulcahy now tells us that we are not to go back on those people's profits, that we should not touch their profits. I am not talking about excess profits at all. We may come to that in a few minutes, but we will deal with the corporations and the limited company— the individual who comes along and buys a little factory for £20,000 or £30,000, then brings in his wife, his son, his mother-in-law, his son-in-law, and so on, makes it into a limited company, a family job, and then floats it for £163,000 in order to keep within 6 per cent. dividend.

And that was all tolerated.

Deputy Hickey and I are doing what we can for the poor man, and I think I am going to see Deputy Hickey on this side of the Lobby.

It is here you should be.

There is only one way to deal with this thing. Let us get all we can off that kind of person. I have very little sympathy with the Minister in this, when these fellows were allowed to get away with it, but I want to warn the Minister solemnly not to be looking for too much profits out of these fellows for the future, because the farmers of this country are going to take damn good care that these fellows will not have any profits to divide. The farmers are going to take care that they will not be robbed this year as they were last year. Therefore, let the Minister take what he can from these fellows, now that they have it. They have the "dough" collected, so let the Minister get what he can out of them, because I promise him that when we are watching legislation here next year, and when legislation is being brought in fixing the price of the farmer's oats, we shall also be fixing the price at which it will be sold back to the farmer for seeds. We shall be fixing the whole line of it all along, and if the Minister has any chance of getting the money, now is the time for him to do it, and let him make it as retrospective as he can, because whatever chance he has now he will have very little in the future, because there will be no profits there. We are going to see to that side of it, and there will be a lot of merchants who bought at 8/- and sold at 25/- who will have to shut up shop.

The discussion on this corporation profits tax has been fairly exhaustive, but I should like to appeal to the Minister with regard to one aspect of it. I should like to ask him whether he does not think it possible to collect the money which he is going to collect through this source from some other type of taxation, having regard to the future position of industries and trades in this country which are affected by a shortage of supplies. I do not stand for excess profits in any form. I do not stand for people deliberately speculating on a rising market, selling at excessive prices to people who are unable to protect themselves, but I ask the Minister to bear in mind the serious situation I am going to describe. An industry commenced operations under a tariff somewhere about 1935 with inexperienced labour and inexperienced directors, making a product to which they were quite unaccustomed, and, for the first three years of their existence, in spite of a very high tariff, they are unable to overcome the difficulties of production and difficulties of sale.

In certain cases the tariff may have been insufficient; in other cases they may have faced all sorts of difficulties, caused by the fact that their labour is working only at 50 per cent. of the normal rate of output to which the industry is accustomed; but just about the period at which the war commences they are in a position to make greater profits. During the period they have ploughed back the greater portion of their profits into new machinery, into paying off initial expenses, expenses which occasionally were the result of their low initial production, and, as the war starts, and as a result of the natural rise in prices, the marrying of old stocks with new stocks and the production of goods from them, and a general increase in their productive abilities, they make a fairly large profit. In many cases those firms may actually have spent the whole of their profits in purchasing reserves of raw materials.

It is not for me to say how many firms there are like that. It would not be possible for me to say what proportion of the whole production of the country they represent, or how many firms could be described as being in that position, but the taxation proposed by the Minister on firms which had that experience—and I should venture to say that there is a good number of them—is, virtually speaking, a capital levy, and not really a tax. It is a levy on capital, capital either in the form of working capital or reserves. It certainly cannot be called current taxation, and I trust that the Minister will reconsider this whole question in the light of that type of trade. It is not easy in this country for any firm in a small way of business to obtain a sufficient margin of working capital. I know a great number of instances of firms having to resort to every possible expedient in order to raise sufficient working capital for their businesses. This is not a country in which the small industry making a profit which is now affected by this taxation is able very easily to find sufficient working capital. The margin is not large enough at any time, and many of these firms did their utmost to create a reserve during the last five years, and I put it to the Minister that in their case the situation is going to be serious.

There is another aspect of the matter. Supplies are getting shorter in many cases and fuel has suddenly become almost impossible to obtain. There are at present, I venture to say, hundreds of firms in this country employing people solely for the purpose of maintaining them in employment, and unable in many cases to justify their employment on strictly financial grounds. Take, for example, a firm which lacks a supply of a certain type of yarn, and for about a period of three weeks, only about 25 per cent. of the normal quantity is coming into the factory. That firm has a choice of doing what would be entirely an economic act from the point of view of strict business, that is, of throwing men out, of disemploying them, or maintaining half, or even quarter of them. I should say that, generally speaking, the atmosphere of industry at present is a very satisfactory atmosphere so far as the efforts made by the directors and managers of businesses which are small to keep people in employment, to keep the wheels turning somehow or other, are concerned. When a small ration of supplies arrives, the industry goes on producing normally for a few weeks, and then supplies fall off again. I know firms which actually had only two days' supply in their factory and who were forced to close one part of the factory. Even so, the men came in, though paid for only three days in the week.

A good deal of this war-time, emergency production is being carried on with the aid of financial reserves accumulated during this period. It has been carried on because the ordinary concept of profit, the ordinary concepts of carrying on business, have been modified, and I only hope that taxation of this type is not going to prove damaging to that effort, because it is going to be far more expensive for the State to have to pay unemployment benefit and unemployment assistance to the employees of firms who are going to be placed at a disadvantage as a result of having to dig deeply into their pockets and pay what amounts to a capital tax, than it would be to allow these firms to carry on so far as they can, straining to the limit their resources in giving and maintaining employment. I am not accusing the Minister for one moment of trying to prevent that very excellent social work being continued. I am merely asking him whether he has considered the full implications of the proposal, and whether he can think of any way out of the difficulty, because I am quite certain it is going to affect considerable classes of business in this State.

I did not come to the decision to impose a retrospective tax of this character with any great measure of pleasure. I realise that it is a difficult thing for the companies concerned, in some cases, at any rate, to have to realise resources, perhaps, to meet an unexpected demand, but I come back to the point I made earlier in the debate, that the principle of retrospective taxation exists. The principle is there. It may be a wrong principle, but it has existed for a good many years. This is bringing it a step further. In the view of some Deputies it is bringing it much too far, but it is, nevertheless, merely an extension of an existing principle. Any company which makes up its balance sheet and accounts to 30th April in any financial year—our custom is to introduce the Budget early in May—cannot know, cannot be certain, what its liability for income-tax is going to be until the Budget of the following year has been introduced.

There have been changes in income-tax since the State was set up. Companies which made up their accounts to the 30th April took it, I suppose, that the tax would be what it was in the preceding year. Later on, perhaps, they found, in some years at any rate, that they had to provide for an additional payment. That was retrospective taxation to a limited extent; I admit that it was not to the same extent as I am proposing to operate by means of this Resolution. This retrospective tax is heavy. Deputy McGilligan suggested that, before asking the House to impose this tax, I should have made every effort to secure economies. I did make very considerable efforts to secure economies, and secured some, but not as much as I should have liked to secure. Deputy McGilligan is a much more forceful person than I am, and I doubt, if he were in my position, that he could get sufficient economies to make this or a similar tax unnecessary; to make it unnecessary to look for the sum of money in additional taxation for which I am looking. At any rate, nobody would be able to do that without causing very considerable unemployment. That is the difficulty.

Deputy Cosgrave and Deputy Mulcahy stressed that this tax would cause unemployment. If I could succeed in getting economies to the amount that this tax is estimated to bring in by way of revenue, I could not, and nobody could, cut down Government expenditure to that extent without, I believe, causing much more unemployment than will be caused by the imposition of this tax. I had to get staff for the emergency services, and I took a considerable number from the Land Commission, to give one instance. The taking away of that staff has meant considerable unemployment in different parts of the country.

While there is a demand made for economy by Deputy McGilligan and other Deputies opposite, at the same time there is a clamorous demand by some of these Deputies' colleagues for further expenditure. Last night we had a scene here of an ugly kind because the Minister for Education would not announce that he would adopt a certain reform—a good reform, but a reform that would cost the Minister for Finance from £30,000 to £32,000 a year; not for one year, but for all time, so far as we can see. That was a good and proper reform that I could stand over, and that the Minister for Education, I know, would stand over. There was a unanimous vote in the Seanad by those belonging to the Party of the Deputies opposite, demanding that the Government should provide money for that very proper reform, but it would mean the expenditure of £30,000 in these times. When that amendment was carried in the Seanad, I met the Government and said: "I am looking for economies. This is a most excellent thing in itself. This would be an excellent expenditure for the improvement of educational services and the improvement of salaries." But what are we to do in these days of emergency when we are looking for additional taxation? We are taxing individuals, and we are taxing companies. We are proposing penal taxes of various kinds. But that does not stop the demand made from the benches opposite. Sometimes the very people who are most clamorous in demanding economies in some directions are insisting that we should introduce those desirable reforms which cost a considerable amount of money. In the Dáil here you will hear them speaking with two voices.

I listened with interest and sympathy to Deputy Dillon last week, and on several occasions previously, making a most urgent demand that we should bring in another social reform, namely, family allowances, and that we should bring it in this year, while at the same time the same Deputy will say that this is a time for economies. They cannot have it both ways. I do not think that this Resolution and Resolution No. 24 taken together will have the disastrous effects on industry that some Deputies imagine. The small industries that Deputy Dillon spoke about are safeguarded, at any rate, to some extent. If they are small industries whose profits can be counted in hundreds of pounds, there is a safety margin of £1,000 for them.

Deputy Mulcahy suggested that private individuals who own and control businesses that make profits will escape, while corporations are mulcted in heavy taxes. Under these proposals they will not escape. Private individuals who make a profit in trade or business will not escape any more than corporations.

What Resolution is the Minister dealing with?

I am taking the two Resolutions.

If a person has a salaried income of £2,000 and another person has a profit of £2,000 from a commercial or manufacturing company, is it not a fact that the employer, because he has to pay the corporation profits tax on the second thousand, pays £100 more than the private individual with the same income?

A private individual making profits out of business?

No. If you have one person as manager of a business for somebody else getting a salary of £2,000 and another person carrying on a business, which is a limited company, and making a profit of £2,000 a year, the man earning the salary of £2,000 a year pays income-tax.

The man who is getting his money by way of profits pays income-tax and pays corporation profits tax as well. Is it correct to say that the person who is an employer and making an income of £2,000 a year has to pay £100 more than the person in receipt of £2,000, but who is giving no employment?

That is more or less right.

The Minister will realise my difficulty in understanding why that should be so. If that man, instead of putting his money into business here, had put his money into business in Great Britain and was receiving dividends to the extent of £2,000 on his investments in Great Britain, he would have to pay £100 less.

He would pay something less.

There is £100 in it.

At any rate, it is the excess profits we are after.

Not at all. You are after the ordinary profits of a business company here. The Minister indicated that he was expecting £1,400,000 from the corporation profits tax. In view of the confusion that has arisen, would the Minister say how much he expects to get from the corporation profits tax under Resolution No. 23 and how much from the excess corporation profits tax under Resolution No. 24?

I will get the figure.

The Minister understands how important it is in view of the confusion that has arisen.

If I understood Deputy Dillon aright one of his complaints was that I made a slip in not imposing the tax last year. Perhaps it was a slip. I thought it was a legitimate source of revenue, but when I made inquiries the information I got was that it would not be worth while doing that.

The Minister must not have paid much heed to Deputy Corry who spoke on this at great length some time ago.

I must not have paid much attention to Deputy McGilligan either because he has often spoken about certain individuals who are supposed to be getting away with certain profits.

And the Minister is not getting after them.

We are getting after them, perhaps not to the extent that the Deputy would like. But we are getting after them.

They are the people who raised such a high standard for themselves that the Minister is not going to get much out of them.

We are going to get something out of them.

The capitalist system was so distorted by the Party opposite that these firms were enabled to make huge profits, with no resulting good to the country.

That is a debatable point. It is the Deputy's view. We have often heard it before. We will get something out of them. The Deputy has often spoken about the flour millers and the bacon curers. They and others have made profits and, if you like, have a high standard. They will escape a good deal of the tax because of their standard, but we will probably get a considerable amount of it. The Deputy would not like to see those people escape with all the loot.

I would like to see them skinned.

You cannot differentiate between particular businesses.

Of course you can. You throw monopolies at people's heads and then allow them to get away with a vast accumulation of profits. You set up a commission which reported that these people, who were put in a sort of public trustee position, simply raked the till for themselves. That was a scandal.

We are getting something out of them now, and the Deputy objects.

The Deputy objects to retrospective taxation. Would it not have been equally wrong in principle, as far as the retrospective element is concerned, if we did not go after the industries the Deputy has in mind? The Deputy objects to retrospective taxation. How are you going to get the money out of them? First of all, you must know the profits they have made.

The Minister got a commission, which reported, and from that day he could have started.

And if we had, the Deputy would have been strenuous in his objection to the retrospective provision.

You could have started immediately, and there need be no retrospective provision.

You could not go after them until you knew the amount of their profits.

The Minister on the Resolution.

He is not on it yet, I am afraid.

We are doing what the Deputy has so often appealed to us to do, in particular instances, I admit. This is a general principle we are applying. It will hit some industries. There is, however, a safety margin for small companies that some Deputies think might be put out of existence. I do not believe the harm will be so great or that, as some Deputies would seem to suggest, irreparable injury will be done to industry. I do not think that is so. As I have said, I would much prefer to see economies effected in the present emergency rather than have heavy taxation imposed. In some of the cases for economy that I have examined, and examined closely, I was forced to the conclusion that the unemployment position would be very much worsened if the suggested economies were enforced. I was, therefore, obliged to drop them. I do not think this taxation will cause the amount of unemployment that wholesale economies would. The ruthless hacking of expenditure that Deputy McGilligan spoke of would, I believe, cause widespread unemployment.

Question put.
The Dáil divided: Tá, 47; Níl, 24.

  • Allen, Denis.
  • Bartley, Gerald.
  • Beegan, Patrick.
  • Boland, Gerald.
  • Brady, Brian.
  • Breathnach, Cormac.
  • Breen, Daniel.
  • Breslin, Cormac.
  • Buckley, Seán.
  • Carty, Frank.
  • Childers, Erskine H.
  • Cooney, Eamonn.
  • Corry, Martin J.
  • Crowley, Tadhg.
  • Derrig, Thomas.
  • De Valera, Eamon.
  • Flynn, Stephen.
  • Fogarty, Patrick J.
  • Gorry, Patrick J.
  • O'Grady, Seán.
  • O'Loghlen, Peter J.
  • Rice, Brigid M.
  • Ruttledge, Patrick J.
  • Sheridan, Michael.
  • Harris, Thomas.
  • Hickey, James.
  • Hogan, Daniel.
  • Hurley, Jeremiah.
  • Keane, John J.
  • Keves, Michael.
  • Killilea, Mark.
  • Lemass, Seán F.
  • Little, Patrick J.
  • McCann, John.
  • McDevitt, Henry A.
  • McEllistrim, Thomas.
  • Maguire, Ben.
  • Meaney, Cornelins.
  • Morrissey, Michael.
  • Moylan, Seán.
  • Mullen, Thomas.
  • O Briain, Donnchadh.
  • O Ceallaigh, Seán T.
  • Smith, Patrick.
  • Traynor, Oscar.
  • Walsh, Richard.
  • Ward, Conn.

Níl

  • Bennett, George C.
  • Benson, Ernest E.
  • Broderick, William J.
  • Brodrick, Seán.
  • Byrne, Alfred (Junior).
  • Cosgrave, William T.
  • Costello, John A.
  • Dockrell, Henry M.
  • Doyle, Peadar S.
  • Fitzgerald-Kenney, James.
  • Giles, Patrick.
  • Hughes, James.
  • Lynch, Finian.
  • McFadden, Michael Og.
  • McGilligan, Patrick.
  • McMenamin, Daniel.
  • Mulcahy, Richard.
  • Nally, Martin.
  • O'Higgins, Thomas F.
  • O'Sullivan, John M.
  • Redmond, Bridget M.
  • Reidy, James.
  • Rogers, Patrick J.
  • Ryan, Jeremiah.
Tellers: Tá, Deputies Smith and Corry; Níl, Deputies Doyle and Bennett.
Question declared carried.
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