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Dáil Éireann debate -
Thursday, 3 Jul 1975

Vol. 283 No. 3

Capital Gains Tax Bill, 1974: Report Stage (Resumed).

Debate resumed on amendment No. 22:
In page 25, lines 4 and 5, to delete "consideration for the disposal" and substitute "gain".

It might be helpful were I to come in here because there has been a great air of unreality about this amendment. Section 26—and section 27 is allied to it—provides for exemptions to deal with the special problem of family businesses and farms. They are not the kind of cases illustrated here this morning. The suggestion has been made that the amendment be accepted because it is unfair to give total relief for transactions with a consideration of less than £50,000 and to impose tax above those levels. Then there could be a bigger gain under £50,000 than on a transaction where the consideration exceeded £50,000. But we are dealing with cases of disposals of moderate businesses or farms after a lifetime's use. The exemption is not available unless the asset has been worked for ten years before the transfer takes place. Furthermore, the exemption can be enjoyed only by persons of 55 years of age and over. Thirdly, it cannot be enjoyed more than once in a lifetime. We believe that consideration is the correct test and not the amount of the gain. If one takes the cases of a consideration of up to £50,000, and there is a substantial gain, the probability is that the gain reflects the length of time the asset was held. Because the exemption is related to the disposal of a lifetime's work, as it were, we consider it appropriate that a substantial gain, which reflects the longevity of the holding and the working, should be free from tax liability. From what has been argued from the opposite side on other sections, I believe that is a view to which they can subscribe. It is in relation to those qualifications and tests for exemption that one must look at this amendment. Therefore, it will be seen that a great deal of the argument advanced for the better part of an hour this morning on this amendment, when set against those tests, collapses.

Let us now look at some specific figures. Supposing an asset is acquired for £10,000—and remember this is an asset which a man of 55 years of age or over is selling, under section 26, because he is retiring from business —he has worked it for ten years; he is over 55 years of age and can enjoy this once in a lifetime only.

(Dublin Central): He does not have to have worked it.

He has held it for ten years. It is a qualifying asset he has owned for ten years for the purposes of a trade, farming, profession, office or employment carried on by the individual or by the individual's family company. But the business must be carried on.

(Dublin Central): Can be held.

It must be held for ten years but he must be over 55 years of age and can enjoy it once in a lifetime only.

I want to give some specific examples. Supposing a person acquires an asset for £10,000; he operates the business for 20 years; he sells it for £45,000: he has a gain of £35,000 —that is under £50,000 and there is no charge to tax. But supposing he acquires an asset for £10,000; sells it, after 20 or 30 years, for 55,000, if there was not the special provision in subsection 1 (a) (ii) of section 26, the tax would be £11,700. But, because there is a limitation on the amount of tax where the consideration exceeds £50,000, the tax would be £2,500 only on a gain of £45,000. We consider that is not inappropriate having regard to the long period over which the gain would be likely to have arisen in the case of a family farm or business.

It taxes 50 per cent of the £5,000?

Yes, 50 per cent of the excess over £50,000.

If there is a gain only.

Yes. Deputy Colley mentioned the case of a person acquiring an asset for £45,000 and selling it for £55,000. Again, that would be taxed at the same level as the last case I mentioned—it would be £2,500—because the probability would be that such a gain would have made over a shorter period than the previous one which, though, larger, is being charged at the same rate.

I think these are the correct approaches to the limited type of case with which we are dealing, that is, the giving of relief to people on retiring from their business. In section 26 if it is a disposal to a stranger he will get the relief up to £50,000 consideration and under section 27 it is £150,000 if it is disposed of to a member of the family of the person retiring.

The fact is that the effect of the amendments would be to give substantial relief to comparatively welloff people.

If the Minister did not do his job.

In tabling his amendments the Deputy set the ceiling of £50,000 and £150,000 gain. The Deputy could have put down a gain of £10,000 or £20,000 if only he had given a little thought to the matter. I assume that he has given thought to the matter and he has taken much higher ceilings.

How can I assume the ceilings? The Minister knows I cannot.

The Deputy has exactly the same information as is available to the Minister for Finance or the Revenue Commissioners. The information is available in the annual accounts published by the Revenue Commissioners. Time and again I have stated that the State has not got records of all the wealth disposals because there has not been a need in the past to keep these records and there has not been the means in many cases of detecting these movements. Therefore, there has to be a certain amount of speculation as to what the consequences may be but we know what the value of businesses may be. We challenge anybody to contradict that those with greater wealth are in a better position to pay tax than those with less wealth. Nobody can deny that.

If there is to be a capital gains tax, rather belatedly and subject to so many generous qualifications that it is hard to except that they are genuine—and the Opposition have said that they do not object in principle to a capital gains tax—we must have a level and thresholds. It is appropriate that there should be exemptions. We have set thresholds which we consider are reasonable, below which people will not be asked to pay tax at all in certain circumstances as set out in sections 26 and 27. People above those levels will be asked to pay tax on the gains which are made. In order to provide marginal relief so that there is not a sudden jump from the person who consideration above £50,000 we have provided marginal relief in subsection (1) of sections 26 and 27.

These considerations show that we pays nothing below £50,000 to the person who gets a gain and has a have correctly tailored the sections and we have adopted the correct methods. It has been accepted by the Opposition that it is more convenito have consideration at the test rather than gain, and that convenience exists for the private citizen as well as for the Revenue Commissioners. There is finality about values when they are related only to the price at the time of disposal, but if all transactions had to be worried over by the person disposing of the property and if all transactions had to be examined in detail by the Revenue Commissioners it would cause quite an amount of annoyance to the private citizen. The private citizen would have to keep detailed accounts of all expenses on improvements on the property while the property was held. It would cause a great deal of extra work for the private citizen as well as for the administration.

Deputy de Valera is conscious of the necessity to avoid imposing workloads upon the administration which would not be commensurate with the tax yield which such work would generate. Bearing all these things in mind, and trying to strike a fair balance between the contesting issues which have to be considered, we have produced reasonable reliefs in sections 26 and 27. We have properly gone for thresholds of consideration rather than gain because, in the special circumstances of sections 26 and 27, the larger the gain the greater is the period of ownership. Therefore, the greater has been the lifetime contribution towards the maintenance and building up of the business. If it is under £50,000 in section 26 it is not inappropriate that extra relief should be earned by the person who has worked and held the property for a longer period than the person who has had it for a short time. Similar disciplines apply to section 27.

I am sure the Minister realises how real and valid the Opposition's proposals in relation to capital gains tax turned out to be compared with the degree of confusion that lies in section 26 (1) (a) (ii). It seems that the Minister could have got out of his difficulty easier if he had said that any person who having attained the age of 55 years disposes of the farm or business would merely be obliged to pay a lower level of capital gains tax on any gain realised. The introduction of consideration does not relate to any increase in value when an asset like this is being disposed of by a person who is retiring.

If a person buys a farm for £20,000 or establishes a business of that value and 20 years later decides to retire and sells it for £80,000, under the subsection I have referred to the capital gains tax on that would be £15,000—50 per cent of the difference between £50,000 and £80,000. That charge would be equivalent to a capital gains tax of £60,000, if one takes half of the difference between the threshold of £50,000 and the selling price. Deputy Colley's amendment is not directed towards the particular amount of the gain so much as to establish that the tax will be payable on the gain rather than at a threshold of £50,000 below which a person would have no capital gains tax to pay. It is theoretically possible for somebody to buy a farm for £5,000 and, with inflation as it is, to sell it 15 years later for £45,000 and not have to pay capital gains tax. The amendment highlights the sort of uncertainty that lies in this method being put forward by the Minister.

There is a certain sense of justice in asking somebody who has worked very hard over a long period to pay far less than somebody who has made a quick profit. That is the real difference between the Minister's and the Opposition's proposals on capital gains. It is totally ridiculous to require anyone to pay a flat rate of 26 per cent on any gain realised over a period of from five years to 25 years' hard work and on the other hand apply the same rate of tax to somebody who was very good in the market business, moved in quickly and made the same amount of money in perhaps six or 12 months.

The philosophy behind the Minister's approach to capital gains is totally unjust. It is not directed at what one may reasonably describe as exploiters, people who make money very easily, I urge the Minister to look at this section. I appreciate that he is making an effort to be a bit fairer to the individual who has worked for a considerable time. The minimum of ten years which has been inserted makes a distinction between the person who has worked and the person who has not. Such a person has made his money because he was able to juggle or had the knack of getting his eye on a good piece of property and making a quick profit on it.

It is not realistic to talk simply in terms of leaving anything below £50,000 free and if there is a gain on anything above that capital gains tax will be charged on it. The Minister read out the figure of £55,000 and said that the tax on it would be £2,500. I believe that type of case will cause more trouble than it is worth. He should take a look at the thinking behind Deputy Colley's amendment. The Deputy said he was not trying to spell out the amount of gain as that was a matter for the Minister. He was trying to spell out something which would be more equitable than what is contained in section 26.

(Dublin Central): I would also like to support Deputy Colley's amendment, which is to substitute the word “gain” for “consideration”. We must look at the particular section in the Bill which comes under the category of special reliefs. I believe the principle in this section is good but there is also a social reason attached to it. A man who has reached 55 years of age may decide, because of ill-health or because he has worked for a considerable length of time, that he wants to dispose of his property. Certain consideration should be given to him.

I believe the Bill would be very empty if it did not take into consideration people in that category who have contributed quite a substantial part of their lives to their business or farm. Any Minister could not dream of coming into this House with a Bill like this which did not give consideration to this group of people. Unfortunately, the Minister is not precise as regards his beliefs. We are discussing a Capital Gains Tax Bill and capital gains in general, but when we look at the section which gives special reliefs in relation to capital gains the Bill is not doing that.

The Minister gave figures, if this particular section was not in the Bill, of what a person would pay on the disposal of this type of property if it was bought at a certain figure. The Bill should be far more specific to deal with this category of people. A man should be able to look at this Bill and say that if he has made a capital gain of £X he will be exempt or he should be able to look to the future when he reaches 55 years of age and say that he will develop his property, plough back a certain amount of his capital, give his time to that property and know that he will be assured of getting something for his work. This particular section does not say that. It only refers to a property which is bought at a very low price.

Deputies Colley, Brugha and de Valera gave examples today of the anomalies which exist in this particular section. A man could have bought a farm for £10,000 20 years ago. He probably never worked that but let it on conacre during that time. If he sells that property now for £50,000 he will be exempt even though he has made a capital gain of £40,000. That is fair enough, but it is a different matter when we look at another situation where a man acquires a property when he reaches 45 years of age. He may have worked hard all his life and accumulated capital or the property could have been left to him by some relative. If that man decides to buy a farm at £40,000 he has ten years to wait before he can qualify for this exemption.

A man could decide that his wife and himself would run a farm, that for the next ten years they would plough back into it whatever profits they get. They could expand that farm by building out-offices, fertilising the land and making it valuable. It would probably be necessary for that man to employ people because he has expanded the farm. He might decide to do this in the hope of selling it at 55 years of age believing that the money he has ploughed back into it would not be subject to capital gains. The only amount of capital gain he can look forward to is the difference between £40,000 and £50,000 when he is selling the property. There is no great encouragement to that type of man to plough back earnings or to spend his time and energy in expanding. We are not confining ourselves to the threshold Deputy Colley has here, but if a man could see at 45 years of age that he could expand the farm, plough back earnings and spend time building up assets in the knowledge that he would be entitled to make a certain figure of capital gain on which he would not be taxed he would have an incentive. That is not being done here, or it is being done in a different way. A man who was wise enough and had sufficient knowledge to acquire land in any area where he knew there would be industrial development and who held the land—the Bill does not provide that it has to be worked once it is held—would be exempt at 55 years of age. Unlike the instance I gave earlier where a man ploughed back his earnings and spent his energy in creating assets, this man does not have to spend money. If he has the information he can acquire say four acres of land for £10,000 at the age of 45 and hold it for ten years and he will be exempt at age 55.

There are other sections of the Bill equally confusing, and whoever drafted these Bills has no knowledge of business incentive or what is necessary to generate it. The Bill may present administrative problems—that theme runs through the Capital Gains Tax Bill, the Wealth Tax Bill and the Capital Acquisitions Bill. Everything presents problems; we are here to solve them. Whether running a business or a Department we have problems daily. It should not be too difficult to solve this problem. If the Minister deleted the word "consideration" and put a specific figure into the Bill people would know where they stood. The Minister was able to do that in one section of the Bill where it is stated that a man or woman is entitled to exemption in any one year on £500 of capital gain. The only thing wrong with that is that it is too low but at least you know where you stand, and that is positive thinking which business people expect in a Bill rather than the woolly thinking that is here in "consideration" up to £50,000.

The Minister should spell out what he wants to give a man who is retiring at 55. Many farmers and business people will obviously be misled by this section in the same way as we were discussing last night in regard to getting valuations going back to our great grandfathers. Many people acquire property at 40 or 45 years of age and this section does not deal fairly with them. It is all right if a man acquired property 25 years ago when land or property was cheap and when he was perhaps 25 years old. Many people have not sufficient funds to acquire property at that age, and many will reach 40 or 45 before they have enough money to acquire property of this type. They get very little consideration and very little incentive to expand, and I would be more concerned about that. A man buying property at 40 or 45 would need to be a head case to plough back his time or money if he intended to sell at 55 years of age. Unfortunately, one-third of the people will not even read the section but they believe there is something in the Bill for a man retiring at 55 years of age. I can tell them that a man who purchases a property at 45 years of age and pays £45,000 for it will find damn-all in the Bill if he is to retire at 55.

Not with inflation.

(Dublin Central): Inflation or no inflation, there is only £5,000 that he can plough back into the business. That is no encouragement. If the figure were £10,000, £20,000 or £30,000, something positive, the person concerned could make up his mind to work the property on the basis that he could make a capital gain of a certain figure and on reaching the age of 55 that gain would be exempt because this was provided in the Bill. But according to the Minister that would present administrative problems and that is the important thing with all these Bills; it makes no difference what happens the taxpayers. To me what happens the taxpayer does matter, and I believe this Bill has the effect of damping down expansion—not just this section but various other sections which have the same philosophy.

In drafting a Bill such as this you should put yourself in the place of the person for whom you are drafting it. I do not say you should please him but at least you will get your thinking right. Recently, I was discussing the design of property with a man who was doing some building and I disputed the proposed layout. I said, as I am saying now, that he should consider the frame of mind of the person he was designing it for—it was required for a certain purpose. I believe the Minister had something in mind here but as it appears in this Bill it will not work for the type of person about whom I am speaking, the man who is in the last ten years of his working life and wants to retire with his wife and, perhaps, buy a small house by the sea and who only got the opportunity of going into business at 45 years of age because he was not financially able to do so earlier. Because of present inflation what business can be bought for under £45,000? There is no concession in section 26 for that type of person. When we take inflation running at 25 per cent into consideration we see that it would be easy for such a person, if he never ploughed back anything, to get £60,000 or £70,000 when he sold the business. It would have to make that much. As far as the Minister is concerned, inflation does not exist. There is no account taken of it in these Bills. The Minister should accept Deputy Colley's amendment. We are talking about gains. The Minister has brought in the word "consideration" because it suits him to bring it in. It reads well in the Bill.

A man who wants to retire at 55 may be under the impression that there are substantial exemptions for him in the Bill. There are exemptions for a certain category only. There are precious few for the type of person I am talking about. If he wants to retire at 55 and goes to his solicitor I can imagine what will happen. He will be told: "You bought the property for £45,000 and you are selling it now for £60,000." The man will say "I thought there was a concession for people retiring at 55 years of age." The solicitor will tell him: "Unfortunately under section 26 (1) you are only allowed up to £50,000." There will be many people very disappointed when they find out about this section as the years go by.

The more one goes through this Bill the more one sees the confusion that exists. If it is confusing for us here it is certainly confusing for people outside the House. It is quite obvious that the public will not understand the Bill or the other Bills, particularly the Wealth Tax Bill, in regard to the thresholds and the anomalies concerning two single people as against a married couple. The Minister refuses to accept that there are those anomalies. We are told about administrative difficulties. That is the important thing. The Minister does not mind about the taxpayer. He will not understand it anyway. He will think there is something good in the Bill. I believe people should be told exactly what those Bills contain and their implications. If the public knew what was in those Bills I do not think the Minister would have received the bouquets which he did receive when death duties were abolished. I thought it was a great thing until I studied the other Bills.

The Minister has failed to grasp the significance of Deputy Colley's amendment. A man retiring at 55 should be getting special reliefs in regard to capital gains but there are no special reliefs here. What happens if a person buys a business at £50,000 and there is no increase in value? I know of a business in this town that was offered for sale last week. It had been purchased for £175,000 and the owner was offered £120,000 for it. There is a consideration for you.

I have been speaking about farms. The same applies to businesses. A man going into business at 45 with the intention of retiring at 55 would be hoping to build up a little nest egg in the ten years. If he looks at section 26 (1) of this Bill it will not encourage him to expand to any extent. A person in business may work until ten or 12 o'clock at night. How does one measure that type of work in money? It is very difficult for the Revenue Commissioners to assess it. Many business people have to work 15 and 16 hours a day. The smaller the business the longer the hours because in a small business it is not profitable to employ a large number of people.

If the section were worded properly and if it were specific we could say to that person that he could plough back his profits into the business and that he would be rewarded in the long run for the time he has spent in it. The section is not specific. He will be told that once he sells his property and its value exceeds £50,000 he will be charged capital gains tax. In those circumstances the person will reconsider his philosophy. If I met him in the morning I would tell him exactly what his situation will be if he puts his time, energy and money into the business and intends to retire at 55 years of age. There is no provision in the Bill for inflation. It is important in the context of any Bill to tell the people the truth as to what it entails. I would tell the person who purchased property for £45,000 and is now 45 years of age and intends to retire at 65 years of age what his position will be under this Bill.

The time spent by a man in his business is of great importance. We know how much has to be paid per hour to an employee. Very few business people put a sufficient value on their time. They draw a weekly salary from the business, enough to keep them going, and the rest goes back into the business. If the average businessman were to draw his salary according to the hours he spends in the business the business would not survive, he would be closed down by the bank manager within a very short time.

If I were drafting a Bill I would encourage businessmen, at least in the last ten years of their working life, to expand. It is only by encouraging expansion that the economy can be uplifted. There is discouragement inherent in this Bill and in the other capital taxation Bills. The businessman should be told that if he expands and ploughs back money into the business he will be rewarded. If I were Minister for Finance I would encourage expansion on the basis that it would build up the economy and create more wealth and ultimately produce revenue and provide employment. That is what we must try to do. That is the direction in which we must proceed Instead, there is a negative approach, a socialistic approach, as if it will work. It will not work, and that is becoming more obvious every day.

I appeal again to the Minister to make at least this small gesture. It is very small but at least it will show people where they stand. The man whom I have specifically referred to, at the figure I have mentioned, £45,000, will know that there is something in it for him, some encouragement to work and to plough back his reserves.

As a result of this Bill people will not reinvest money. I can visualise business people taking the easy way out. They will take weekends off and play golf. The people who spend their time building up industry are the people who will uplift the economy. It will be a bad day when we all work from nine to five, take full salaries and wages out of businesses and spend it.

The Minister is bent on a socialistic policy which is alien to our way of life, which is undermining confidence throughout the business community. Ask the IDA what they think about confidence being undermined and the effects on the inflow of capital. Ask any businessman what he thinks about wealth tax. He will tell in no uncertain fashion his opinion of the wealth tax and the detrimental effect it will have on economic expansion. These are the people one should talk to when drafting Bills.

I am not against the speculator being taxed, but the Minister has the highest regard for the speculator as against the genuine working person. The section comes down in favour of the speculator. If he acquires property and acquires four acres of land and holds it for ten years without working it or fertilising it, providing he comes within the specified period of ten years he will be able to make a profit of £40,000 if he sell it for a consideration of £50,000 having paid £10,000 for it. The Minister is giving the speculator the very same concessions.

We put forward amendments in the early stages of the Bill which would give concessions to a man who had spent a considerable length of time building up his assets. We wanted to give relief on a sliding scale according to which the stage would be reached where he would be exempt after 13 years. The Minister said "No". He is treating the shortterm speculator, the fly-by-night man, with the same leniency that he would apply in the case of the genuine Irishman. He is treating them both equally.

On a point of order, I would say with respect that the Deputy may possibly be ranging far away from the amendment in a manner which is not in order, particularly on Report Stage. None of the matters to which he has made reference in the last 15 minutes refers to the amendment.

(Dublin Central): Let us confine ourselves to section 26 subsection (1) which deals with the £50,000 exemption for a man of 55 years of age. If a man can acquire four acres of land on speculation he is not required to work it, fertilise it or develop it. He buys it at the age of 45 years. He knows there will be commercial development around it and that it will become valuable property. He can sell it ten years later, on reaching the age of 55 years, for £50,000 and make £40,000 profit. If that is not speculation within the context of this section, what is? That is what this section says. It also says that if he buys the property for £45,000 at 45 years of age and spends his time and money for the following ten years, and sells the property for £65,000, having spent money on it, expanded and built it up, he will still be allowed exemption of only £50,000, the same sum as is applied to the speculator.

There is a certain amount of speculation in this section. It comes down all the time in favour of the speculator. I do not know whether it is for administrative reasons or whether it is that the Minister has some special affinity for speculators—I am not sure which it is—but it is there in the section whether or not the Minister agrees. That is the kind of thinking we have with regard to speculators where the Minister is concerned. We have been accused over many years of protecting the speculator but the Minister can never again, in the light of this Bill, make that accusation against us. He is treating the speculator the same as the hard-working businessman. That is the substance of this Bill and many people do not realise it.

We are supposed to have a fair and just Minister for Finance, a Minister for Finance with a social conscience. I cannot see any sign of a social conscience in this Bill. If I did I would be the first to give the Minister credit for it, but I cannot give him credit for something that is not there. Once more, I would appeal to him to accept Deputy Colley's amendment. It is one that would improve the section no end. I appeal to him to delete the word "consideration" and substitute the word "gain". I ask him to look at this in depth, see the significance of what I have pointed out and the psychological difference acceptance of this amendment will make. If it is accepted a man will know exactly where he stands, let it be on the farm or in business.

This amendment is designed to cure considerable defects in section 26, defects which lead to very strange anomalies, to a number of which we have referred on this side of the House. These anomalies arise because of the confusion of thought behind section 26, the confusion of thought to which Deputy Fitzpatrick referred. This is a Bill to tax capital gains. What do we find in this relieving section? The relief is not related to capital gains in at all. It is related to consideration, to the cost of the asset, to the price at which it is sold. It has nothing to do with the gain. That is the basic problem and that is how all the anomalies arise.

It is not as though the Minister found it impossible either in principle or administratively to give exemptions related to gain because that is precisely what he does in section 16; there he gives an exemption related to gain but here, when it comes to this exemption related to the disposal of a business or farm on retirement, the whole concept of gain, which is what the Bill is supposed to be about, is thrown out the window and we get this consideration which means nothing in relation to gain. As I said earlier, it does not matter how big or how small the consideration; that does not affect the gain, which can be large or small, depending on circumstances; and, of course, the principle involved is that this could be related to gain and, if that were done, there would not be any of these anomalies we pointed out.

I must confess I have learned now in my dealings with the Minister not to be surprised by very much that he says on anything. Despite that, I will confess that I was practically flabbergasted when I heard the Minister for Finance tell us, in justification of this section, about the very important principles whereby the reliefs and/or amount of capital gains tax should be related to the length of time for which the asset was held. Goodness knows, we spent long enough trying to tell him this was the right principle. We moved an amendment designed precisely to do that, to relate the tax payable to the length of time for which the asset was held, and the Minister refused the amendment and brought in the Deputies behind him to vote it down. We pointed out that, by approaching it in this way, one was on the one hand taxing the speculator heavily and, on the other hand, recognising the value of the contribution of people, whether they be farmers or engaged in business, who had worked hard for years to build up an asset. We talked at considerable length on this and the Minister refused point blank. He gets up today and proposes that very principle as a good one to be followed. If the Minister meant one word of what he said this section would, of course, provide that the exemption in it was related to the gain and that that was on a sliding scale related to the length of time for which the asset was held. There was no difficulty in the Minister doing that if he believed in the principle we put forward, the principle he himself enunciated today. But that is not what is in the section and that is not what the Minister is defending.

He is here defending a totally illogical and inequitable provision whereby he purports to give relief to persons of 55 years, or over, who are disposing of a business or farm on retirement, but he is doing it in such a way that, as Deputy Fitzpatrick pointed out, in some cases people will get no relief and in others people who happen to be fortunate enough to make a very large gain will not pay any capital gains tax whereas others, at a slightly higher level, on a much smaller gain will pay capital gains tax of a very substantial amount. There is no possible justification for this approach, none in logic and none in equity, and I would suggest none either from the point of view of administration.

When I was proposing this amendment I went into some detail in regard to the supposed problems of administration both from the point of view of the Revenue and from the point of view of the taxpayer. It is significant that the Minister, when he was replying and giving his point of view, simply asserted that there would be difficulties for the Revenue Commissioners and the taxpayer and made no attempt at all to meet the case I had put forward. The Minister has admitted that the effect of this section, as it stands, will be that he will have no control whatever over the actual exemption that is given; in other words, the extent of the gain made by a person will be irrelevant to whether he is exempted or not and a man can have a gain, as I indicated in one example, of £35,000 and pay nothing and, in another case, on a gain of £10,000 he will have to pay capital gains tax. There is no control at all in this section over that situation and there could be and should be such control. Of course, if the Minister meant one word of what he was saying he would ensure that the exemption was related to the amount of the gain and, furthermore, that the exemption would rise in proportion to the length of time the asset was held. The Minister does not mean a word of what he says. If he does, it is impossible to reconcile that with what is in this section and with his attitude on the very fundamental amendment we put forward on the Committee Stage on this precise principle.

It is perhaps, even compounding the iniquity of this section that the marginal relief which is provided in subsection (1) (a) (ii), to which the Minister referred, is itself related not to the gain, but to the consideration. The provision is that one will not have to pay more in capital gains tax than the amount by which the price one sells the asset exceeds more than half that difference. The factors involved are: the price at which one sells and £50,000; one does not pay more than half the difference. None of those figures relates to the gain. There is no logic or thought behind this provision. This amendment has sought to introduce some logic, thought and equity into this section. It is not as though the Minister had been taken by surprise. This matter was gone into in some detail on the Committee Stage but he is persisting in this attitude. It is extremely regrettable that he should do this.

The Bill has many retrograde and undersirable features, and this is one of them which will affect people who are disposing of their business or farms on retirement. In some cases it will affect them quite seriously. It could very easily have been so arranged that such persons would get relief related to the gain they made, and in recognition of the length of time they spent building up their farms or businesses. The Minister refuses point blank to do that. That is regrettable, but it is more than regrettable for those who will be affected by it—it is a serious hardship and inequity. The responsibility for that hardship and inequity rests on the shoulders of the Minister and those who vote with him in the lobby. It will not rest on Members of this side of the House, because we have done our best on the Committee Stage and on this Stage to point out the difficulties, the remedy and urged the Minister to take this course. He has refused to do so and on his head be it.

Question put: "That the words proposed to be deleted stand."
The Dáil divided: Tá, 59; Níl, 52.

  • Barry, Peter.
  • Barry, Richard.
  • Begley, Michael.
  • Belton, Luke.
  • Belton, Paddy.
  • Bermingham, Joseph.
  • Burke, Joan T.
  • Burke, Liam.
  • Byrne, Hugh.
  • Clinton, Mark A.
  • Cluskey, Frank.
  • Conlan, John F.
  • Coogan, Fintan.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan.
  • Coughlan, Stephen.
  • Crotty, Kieran.
  • Cruise-O'Brien, Conor.
  • Desmond, Barry.
  • Desmond, Eileen.
  • Dockrell, Maurice.
  • Donnellan, John.
  • Dunne, Thomas.
  • Enright, Thomas.
  • Esmonde, John G.
  • Finn, Martin.
  • Fitzpatrick, Tom (Cavan).
  • Flanagan, Oliver J.
  • Gilhawley, Eugene.
  • Griffin, Brendan.
  • Hegarty, Patrick.
  • Hogan O'Higgins, Brigid.
  • Jones, Denis F.
  • Keating, Justin.
  • Kelly, John.
  • Kenny, Henry.
  • Kyne, Thomas A.
  • L'Estrange, Gerald.
  • Lynch, Gerard.
  • McLaughlin, Joseph.
  • McMahon, Larry.
  • Malone, Patrick.
  • Murphy, Michael P.
  • O'Brien, Fergus.
  • O'Donnell, Tom.
  • O'Leary, Michael.
  • O'Sullivan, John L.
  • Pattison, Seamus.
  • Reynolds, Patrick J.
  • Ryan, John J.
  • Ryan, Richie.
  • Spring, Dan.
  • Staunton, Myles.
  • Taylor, Frank.
  • Timmins, Godfrey.
  • Toal, Brendan.
  • Tully, James.
  • White, James.

Níl

  • Allen, Lorcan.
  • Andrews, David.
  • Barrett, Sylvester.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Breslin, Cormac.
  • Briscoe, Ben.
  • Browne, Seán.
  • Brugha, Ruairí.
  • Burke, Raphael P
  • Callanan, John.
  • Calleary, Seán.
  • Carter, Frank.
  • Colley, George.
  • Collins, Gerard.
  • Connolly, Gerard.
  • Cunningham, Liam.
  • Davern, Noel.
  • Dowling, Joe.
  • Fahey, Jackie.
  • Farrell, Joseph.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom (Dublin Central).
  • French, Seán.
  • Gallagher, Denis.
  • Geoghegan-Quinn, Máire.
  • Gibbons, Hugh.
  • Gogan, Richard P.
  • Haughey, Charles.
  • Healy, Augustine A.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael P.
  • Lalor, Patrick J.
  • Leonard, James.
  • Loughnane, William.
  • Lynch, Celia.
  • Lynch, Jack.
  • MacSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Moore, Seán.
  • Murphy, Ciarán.
  • Noonan, Michael.
  • O'Leary, John.
  • Power, Patrick.
  • Smith, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Walsh, Seán.
  • Wilson, John P.
  • Wyse, Pearse.
Tellers: Tá, Deputies Kelly and B. Desmond; Níl, Deputies Lalor and Browne.
Question declared carried.

Amendment No. 23 was discussed with amendment No. 22.

Amendment No. 23 not moved.

I move amendment No. 24:

In page 25, line 63, to delete "assets" and to substitute "asset".

This is a drafting amendment which does not alter the substance of the provision. The term "chargeable business asset" is now defined instead of the term "chargeable business assets". The singular is more appropriate than the plural in the wording of the definition.

We have no objection to this amendment, but could I refer the Minister to lines 59 and 60 of the subsection in question where he will see the phrase "chargeable business assets"? Would that in any way affect his thinking on the amendment?

The Minister is happy enough with it?

I am happy with it.

Very well.

Amendment agreed to.

I move amendment No. 25:

In page 26, to delete lines 21 to 34, and to substitute:

"‘qualifying assets', in relation to a disposal, includes the chargeable business assets of the individual which, apart from tangible movable property, he has owned for a period of not less than ten years ending with the disposal and the shares or securities which he has owned for a period of not less than ten years ending with the disposal being shares or securities of a company which has been a trading or a farming company and his family company during a period of not less than ten years ending with the disposal and of which he has been a full time working director throughout that period:

Provided that there shall be taken into account for the purposes of this definition—

(i) the period of ownership of a spouse of the individual as if it were a period of ownership of the individual,

(ii) where the chargeable business assets are new assets, within the meaning of section 28, the period of ownership of the old assets as if it were a period of ownership of the new assets,

(iii) where the qualifying assets are shares or securities in a family company to which paragraph 6 of Schedule 2 applies, the period immediately before the transfer to the company of chargeable business assets during which those assets were owned by the individual as if it were a period of ownership of the individual of the qualifying assets or a period throughout which he was a full time working director, as may be appropriate, and

(iv) a period immediately before the death of the spouse of the individual throughout which the deceased spouse was a full time working director as if it were a period throughout which the individual was a full time working director.".

I agreed, on Committee Stage, that there should be a provision to put beyond doubt that the period of ownership of qualifying assets of a deceased spouse should be added to that of the surviving spouse in applying the ten-year test. This is done in respect of assets in paragraph (i) of the amendment.

For directorships, continuity between spouses is provided for in paragraph (iv). It was agreed also that where assets replaced other assets the period of ownership of the old assets should count so that, when the new assets are disposed of, the periods of ownership of both the old and new assets would be aggregated in reckoning the qualifying period of ten years. That is provided for in paragraph (ii). For this purpose the terms of section 28—that new assets are assets which replace other assets—are imported.

Paragraph (iii) deals with the case where a business is transferred to a company. In paragraph 6 of Schedule II there is continuity, for the purpose of base cost, on a disposal for shares of a company. Paragraph (iii) ensures two things: in the first place, the period of ownership of the assets of the unincorporated business is to be added to that of ownership of the shares of the company in reckoning the qualifying period of ten years of ownership of the shares. In the second place, the period of ownership of the business is to be treated as if it were a period during which the individual had been a full-time working director.

I wonder would the Minister repeat that last sentence?

In the second place, the period of ownership of the business is to be treated as if it were a period during which the individual had been a full-time working director.

With these amendments full continuity is being provided for the purposes of the reliefs in sections 26 and 27 in relation to spouses, the replacement of assets, the incorporation of a business and the disposal of a family farm or buisness through shares in a family company.

Firstly, I acknowledge that the amendment the Minister has moved meets a number of the points we raised on Committee Stage, particularly in relation to an amendment I had down and, I think, meets them quite satisfactorily. However, there are one or two matters I should like to have clarified. If I might refer to the Official Report of our proceedings in this House, on 21st May last, at columns 398 and 399, where I outlined a particular case I might quote because it illustrates the point on which I want clarification. The quotation is as follows:

I would suggest that a fairly common situation can arise in which this relief should be given but, in fact, in the section as drafted would not be given. One such situation would arise where, say, a man had been a full-time working director of a family company throughout his working life. Then ill-health strikes him. The normal pattern would be that he would try to carry on as long as he could. But ultimately he might well be told by his doctors that if he continues any longer it will probably mean his death. Therefore, he does not have any choice. He has to give up the full-time working directorship. Of course, in the meantime, an effort is made to carry on the business. Eventually— and again this is the common pattern—as a result of the absence of that man from the business, the business deteriorates until ultimately it becomes necessary, in order to avoid further losses, to dispose of it.

Of course, the same thing could apply in the case of a farmer, as indicated in the discussion on the previous amendment. But in either case—as the section is drafted—this relief would not be obtained because, in the ten years immediately prior to the disposal of the assets, the man would not have been a fulltime working director. He might have been a fulltime working director for 25 or 30 years but, because of the ill-health situation and his retirement from the business for some time before it becomes necessary to dispose of the assets, he loses the benefit of the relief given in the section. That is one situation.

My concern in this regard is to ensure that, where the wife of a man who becomes ill takes over from him, she will get the benefit that would have accured to him. In some cases that is provided for in the amendment; in other words, she steps into his shoes and the two periods of ownership are counted for the ten-year period. That meets the requirement there.

When we come to the case of the full-time working director, I am not so sure the amendment meets it unless the woman, who will eventually become a widow, is, or becomes, a full-time working director immediately the husband becomes so ill as to give up the full-time working directorship. In other words, if there is a gap in that period during which he was a full-time working director and she becomes a full-time working director, does the amendment ensure and, if so, where, that the benefit of the relief will be given to her, as it would be given where there is not a question of full-time directorship but simply of ownership?

My next query—I think the amendment covers it but I should like confirmation from the Minister—perhaps can best be dealt with by a quotation from the Minister, in response to points raised on this side of the House where he is reported in the Official Report of the 22nd May last, at columns 432 and 433, as follows:

As far as this particular section is concerned, I am prepared to look at the possibility of amending the subsection in such a way as would ensure that in the case of people who have at the time of retirement assets which have not been held for ten years but which are similar to ones which were previously held the relief might be given.

I should like the Minister to give me his assurance that his amendment covers that case, including the case of farmers.

I shall answer the second question first because it is simpler to do so. The answer is in the affirmative. Proviso (ii) ensures that those new assets will get the same treatment as those they replaced.

Is the Minister concluding?

I am sorry. I had forgotten it was my amendment.

The Minister is answering a question.

(Dublin Central): I do not think Deputy Colley has concluded.

I have no objection at all to the Minister withholding his reply if some other Deputies want to get in.

Acting Chairman

The Minister is answering a question, then.

In relation to the first question posed by Deputy Colley, I dealt with the matter on the last occasion, when I explained that the Revenue Commissioners interpret the law in a humane way. They do not send inspectors around after people who are indisposed to ascertain whether they are in full time control of or in full time management of their businesses. In the circumstances described by Deputy Colley they would not refuse the exemption provisions of sections 26 or 27 because a person was, through indiposition, less able to devote as much attention to the business as he would have had, had he been in the whole of his health. There would be no difficulty about the succession of the spouse to the spouse who died or the spouse who became ill and was unable to attend to the business on that account.

Amendment agreed to.

I move amendment No. 26:

In page 26, after line 47, to insert a new section as follows:

27.—Where a widow disposes of a farm or business which she acquired on the death of her husband, such disposal shall be free of capital gains tax in respect of so much of the consideration as does not exceed £50,000.

This is similar to an amendment we had on Committee Stage. However, the provision of the amendment which the Minister has brought in obviates the necessity for my amendment. Contrary to the position obtaining in the section, where a widow is left a business or a farm by her husband under the section if she disposes of it she would be liable for capital gains tax without the reliefs which are provided in cases similar to that.

It seems that the effect of the previous amendment is to place the widow in the position of the husband for the purpose of qualifying for the ten year period of relief. If that is so it does not seem that my amendment is necessary. Perhaps the Minister would be good enough to confirm that my reading of the previous amendment is correct.

A widow aged 55 years will get relief on the disposal of a farm or business within the family for a consideration of up to £150,000. The age limit has been set at a comparatively low level—much lower than most retirement ages specified here before—and the relief will be available at a time when the widow would normally be expected to have a child in a position to take over from her. In those circumstances a further extension would not be justified.

It seems that if the Deputy's amendment was accepted it would require no condition as to age or disposal to the family. The only condition would be that of widowhood. In view of the exemptions given in the Bill any furthere extension would not be warranted. The purpose of sections 26 and 27 is to keep property within families and in the majority of cases that is the anxiety of a widow.

(Dublin Central): I thought section 26 was to encourage people of 55 or over to dispose of property.

It is a concession for people who have conducted business and are retiring at 55 years of age, but the concession is not as great as that which is available under section 27 where a disposal is to the immediate family. If a widow is disposing of an asset outside the family presumably she would make a gain, otherwise there is no charge to tax. If there is a gain she will be charged with the tax at the rate of 26 per cent on the appropriate gain and she will still have the original capital cost and 74 per cent of the gain also.

At the moment she thinks she will not have any death duties. This is a fair substitute.

It is a lot less.

(Dublin Central): Under the previous amendment, moved by the Minister, I understood that the widow would be placed in the position of her deceased husband as regards time. Was that the purpose of the amendment?

(Dublin Central): I welcome that amendment. We do not have to stretch our imagination too far to see where this situation can arise as regards the time limit of ten years. As the Bill stood if the husband died after five years the widow would not qualify if she had to dispose of the property during that time. If she held it for an additional five years she would qualify as regards the time. However, that amendment is of no significance in its own right. We are aware that a wife is usually five or six years younger than her husband, and this pattern has obtained in regard to marriage here over a number of years. In spite of what the previous amendment gives to the wife this would not solve her problem.

We are placing widows at a disadvantage here. There are plenty of examples of where a man had built up a business without the assistance of his wife in that business. We all know of cases where a wife has no knowledge of the business her husband is concerned in: she has had to devote her time to rearing her family. This can happen in agriculture just as it can happen in business. In this type of situation the previous amendment brought in by the Minister would be of no help to that widow. Under section 26 (1) to qualify for this concession you must have attained 55 years of age. I am speaking about selling outside the family circle, in case there is any confusion about this.

Even if she is inside the family circle.

(Dublin Central): That is true. We have a situation here where this widow, who has no knowledge of running the business, will be forced to hold on to it until she reaches 55 years of age. This could be for a period of 15 years. The particular business I am speaking about is not very large. It is not the type of business which is run by a manager and staff or by a board. I am talking about a family business which was run by this woman's husband. When this man, who was complete manager of the business, dies and the widow tries to carry it on it often turns out to be a complete failure. It would be much better for her if she disposed of that property shortly after her husband's death.

Under this Bill, unless she is 55 years of age, this woman is subject to capital gains. This is a big weakness in the Bill especially where the widow is concerned. If the Minister does not amend this here I hope he will bring in an amendment in the Seanad to cover this particular type of case. There are not many people in this category but they are people who deserve the consideration of this House. The widows I am talking about have spent all their lives since they got married rearing their families and left the running of the business entirely to their husbands. Consideration should be given to such widows so that it will not be necessary for them to reach 55 years of age before they come within the qualifying benefits given in section 26.

The other amendment giving the widow credit for the number of years her deceased husband spent in the business, if it is five years, so that she will only have another five years to wait before she qualifies for the ten years, will not be of any great significance, because the majority of widows will have qualified within their own right of ten years before they reach 55 years of age and benefit under this section. The Minister should think seriously about this particular amendment which can be changed to fit into the type of situation I have in mind.

We have given concessions to a man, irrespective of whether he is a bachelor or a widower, who has spent ten years in his business to enable him to qualify when he reaches 55 years of age. I can see merit in that although it does not meet the way we consider it should be assessed. It is quite understandable that a man can easily carry on his business and qualify under this section. It is no problem to him if he is in fairly good health. Even if he is not the fact of his presence without working is sufficient to enable the business to be carried on and get within the time limit of 55 years of age and having it in his possession for ten years.

The widow I am talking about will certainly not be left with this option. Quite often she has no knowledge of the business when she steps into her husband's shoes and the business often goes broke. If that woman is forced to hold on to a business—and she is only 45 years of age—until she reaches 55 years of age, it would be very bad for her. If she is not capable of running the business it will only go downwards from the day she takes over. It will be found by the time she is 55 years of age that the assets will have deteriorated and considerable debts will have mounted up.

An opportunity should be given to this widow to dispose of a certain part of her assets up to £50,000 and get the relief. I do not believe there will be any great avoidance in relation to this. It should be possible for the Revenue Commissioners to devise a system whereby such a widow is exempt if she finds herself in this situation. I ask the Minister to delete 55 years for this particular type of case I am talking about. Deputy Colley and several other speakers in relation to a previous amendment pointed out the anomaly in relation to the ten years. The Minister should now consider the proposal I am putting to him and take into consideration the circumstances in which a widow can find herself. There is also the case of a widow who is entitled to something under her father's will. Under the Succession Act she would be automatically entitled to 50 per cent, I think, but if the father made a will whereby the remainder of the assets were distributed among the sons and daughters this would force the widow to sell at the age of 45. There would be no choice then as regards capital gains tax although the business might be worth only £50,000. There are many other anomalies if one studies the Bill and went into the various examples that could be put forward. I ask the Minister to consider those I have put forward and make some concession to a widow who would find herself in that kind of situation.

The previous amendment moved by the Minister met a number of points we had brought forward on the Committee Stage and it gets rid of a number of difficulties and anomalies which would otherwise have applied in the case of widows who have attained the age of 55. The problem is not solved at all in the case of widows who have not attained 55. There are two broad categories with which I would be concerned—there are others, of course— in the case of widows who have not attained the age of 55. The first is the case where the husband dies having been running a business or a farm, and the widow is left, not having sufficient knowledge or skill to run the business or farm. If she continues the business would simply deteriorate and in effect she is forced to sell the asset, but because she has not attained 55 years of age she does not get the relief under this section or the next section and she becomes liable for capital gains tax at 26 per cent. I think many people believe that in many cases of this kind the widow would not be liable at all because, first, there is the question of the transfer on death from the husband to the widow and that does not attract capital gains tax. But there is also the belief that there is a generous exemption limit in regard to inheritance tax. That relates only to the property passing to the widow and not to a situation in which she is, through economic circumstances, forced to dispose of it. In such an event she would be liable for 26 per cent capital gains tax. There is a very good case for consideration of the widow who is in that position.

The other broad category with which I am concerned is where, in the case we have described of the widow under 55 years of age, she transfers the assets to a child or children of hers. In that case one does not expect money to change hands because she is not in the position of having the liquidity to meet the capital gains tax; nevertheless, even though the transfer is to her children, because she is under 55 years there is no exemption and the liability for capital gains tax at 26 per cent arises. I would strongly urge the Minister to consider these categories, particularly where circumstances arise in which the widow finds herself forced to dispose of the asset. In a case like that I think there is a very strong reason why special provision should be made in this Bill to give relief to the widow, and I strongly urge the Minister to consider this amendment. Does the Minister wish to say yes or no?

I have already said no.

(Dublin Central): Does the Minister not think there is a good case for it?

There is an excellent case for no taxation at all.

(Dublin Central): Wait until I tell the widows of Dublin what the Minister thinks about them.

Amendment put and declared lost.

Amendments 27 and 28 are cognate and may be taken together.

I move amendment No. 27:

In page 26, lines 52 and 53, to delete "consideration for the disposal" and substitute "gain".

We have discussed similar amendments in relation to an earlier section and I do not wish to go over the same ground again but, perhaps, taking these two similar amendments separately will at least afford the Minister an opportunity, if he wishes to avail of it, to reply to the very cogent case put forward on the similar amendment in relation to the previous section.

Very briefly, the case was and is that to relate capital gains tax or relief from it to anything other than gain is not only illogical but produces inequities. It is possible for the Minister to so amend the section as to relate, in this case, the relief to the amount of the gain and ideally to the amount of the gain with rising thresholds related to the length of time for which the asset is held. I have added that proviso about rising thresholds related to the length of time for which the asset was held because the Minister astonished me on the last occasion by arguing very strongly in favour of this, having resisted that argument on the fundamental approach to the Bill which we had put forward early in the Committee Stage. Since he did put it forward in relation to a similar amendment I am pointing out that if he is prepared to accept that principle it would give us considerable satisfaction and would improve the Bill enormously. He can do this by relating the thresholds based on gain, not consideration, to the length of time for which the asset was held. This can be done and it will mean that there is a direct control over the level of exemptions, not a blind situation which related to consideration and you do not know the extent of the gain you are exempting. Further, I invite the Minister on this occasion to do what he did not do the last time, that is, to deal specifically with the difficulties he said would arise both for the administration and the taxpayer. Just to refresh his memory I would point out that, in regard to the administration of the matter, we are dealing here with the assets which in the normal way have to be registered; details have to be given to the Revenue Commissioners concerning them; and even if there were no capital gains tax legislation, in so far as the Revenue Commissioners have to look at a transaction and decide whether in this case the amount of the consideration exceeded or did not exceed £150,000, the Revenue Commissioners would normally, if they saw the details of the transaction showing the consideration to be less than £150,000 and had no reason to be suspicious, they would accept this and go no further. If, on the other hand, apart from having reasons for suspicion, they constituted, as I would expect them to do, spot checks in cases like this, the position would be no different if in fact, what was involved here was the amount of the gain and not the amount of the consideration. If it were the amount of the gain, as we seek to include here, again, I would suggest, exactly the same procedure should be followed by the Revenue Commissioners. Where the details furnished show the amount of a gain to be below whatever threshold was fixed they would, if they had no reason to be suspicious, accept it, but they would also have to apply spot checks, as they would where consideration is attached. From that point of view there is no extra administration involved.

If they are investigating, they have to discover what is the consideration and what is the gain. There is no point in their investigating if they do not go into that question. To do that they have to know the cost of an original acquisition, and the mere subtraction of the one figure from the other gives the gain. If the criterion involved were gain, they would have to do the same thing. However, even if some additional work were involved, I do not think the Minister can seriously suggest that the volume of the work would be such as to make this unworkable, unwieldly or a tremendous burden on the Revenue Commissioners. If he does suggest that, he has an obligation to spell out in considerably more detail than he has done up to now what the difficulties are that he sees.

The Minister suggested that, from the point of view of the taxpayer, the use of consideration rather than gain made the matter simpler for him. That argument is a fallacy because the taxpayer, perhaps more than anybody else, even the Revenue Commissioners, is concerned with the gain he is making, if he is making a gain, and the ascertainment of the gain will certainly not be a major difficulty for the taxpayer. If the taxpayer knows that at a certain level of gain he is entitled to exemption, he will have all the more reason to want to know what the gain is, even if he did not have other reasons, which he would have.

The Minister's argument in regard to convenience or, to put it the other way, difficulties, either for the Revenue Commissioners or the taxpayer, are greatly exaggerated, and, indeed, in so far as there might be any difficulty for the taxpayer, the fact that he has to ascertain the gain but by doing so can ensure exemption would be a price that he would certainly be willing to pay. Any difficulties of administration which the Minister envisages are not, on the evidence he has given us so far, of any major significance at all, and are certainly not such as to justify throwing aside the benefit which can accrue from using gain as the criterion rather than consideration, thereby controlling the amount of exemption you are giving and ensuring that what you are doing will not create the kind of anomaly and inequity which we elaborated on earlier, where a large gain can attract no capital gains tax and a much smaller gain can attract the tax.

All of these anomalies can be avoided if the Minister approaches the matter in the way we suggest. However, as I said, I do not wish to go over all the same ground again and prolong the discussion on it, but I would hope that on this occasion the Minister would endeavour to deal with the arguments put forward on their merits and, in particular, if he relies on the difficulties of administration either for the Revenue Commissioners or the taxpayers, that he would be more specific in spelling out the difficulties he sees than he was the last time.

The Chair suggested earlier that the four amendments, Nos. 22, 23, 27 and 28, being cognate, be taken together. Deputy Colley asked that they be taken separately, as he has the right to do——

I gave a reason, too.

——and I raised no objection. The arguments I advanced on the last occasion were in relation to a threshold of £50,000; now under section 27 the threshold is £150,000, so the arguments I advanced the last time are three times stronger when I am dealing with a threshold which is three times higher.

Three times nothing is nothing.

It is three times higher. We are providing for a situation again not of general disposal— and this is very important in relation to section 27—but disposals within the family. We are dealing with the situation in regard to a person of 55 years of age where the assets have been held for ten years and where they are held for ten years thereafter by the beneficiary. This is an exemption clause. I think it would be totally wrong to amend it in the way suggested by Deputy Colley. It would have this effect: it would confer exemption on people of considerable substance and would not give any additional relief to people of modest means. If you agree with the principle of capital gains tax, you must surely accept that it must start biting at an effective level and not at such exceptional levels that it is only a handful of millionaires that are caught by it.

Are we to take it the Minister is arguing on the basis of £150,000 as a gain?

That is the effect of the Deputy's amendment.

Do not waste time on that. Do I have to say it every time I stand up——

The amendment tabled by the Deputy is to the effect that a gain of £150,000 should be exempt.

And the argument I made on every stage was to tell the Minister he knew the figure and nobody else.

Acting Chairman

The Deputy should allow the Minister to speak without interruption.

Yes, Sir, but the Minister is deliberately misrepresenting the position.

I am reading the Deputy's amendment, which has this effect, that if the proportion of gain to consideration is, say, 20 per cent, then a person could dispose of property for three-quarters of a million pounds——

Nonsense.

That is the effect of the Deputy's amendment. No genuine case can be made for providing additional relief for people in such comparatively comfortable circumstances while providing no relief for people of modest means.

(Dublin Central): When the Minister has not provided any relief for the poor widow I refer to, he will hardly provide relief in this instance.

This is an accommodation clause which will ensure that family businesses and farms may be passed from one generation to another without being eroded by a substantial tax levy. That is the consequence of the Bill as drafted and any extension of that relief cannot be warranted.

Is the Minister saying nothing about administration?

I have dealt with that already.

The Minister did not attempt to elaborate on it. This is a disgraceful performance on the part of the Minister.

Acting Chairman

Deputy Brugha is on his feet. Perhaps he will be allowed to make his contribution.

Deputy Colley's abuse is no substitute for facts.

We have put forward the arguments but what have we got in reply?

I am disappointed in the Minister. He tells us that we must start biting at some level. I go along with that to some extent, but the Minister has said also that he is abolishing death duties and introducing a fair package of taxation. The first argument I have in regard to the wording of subsections (1) and (2) of section 27 is that the Minister will make money anyway although the thresholds are fairly high. He will make money because of inflation. One of our arguments is that people who have property are of value in that they contribute already by creating wealth and by providing the Exchequer with a considerable income. However, the Minister's mind seems to be directed towards discouraging such people, discouraging enterprise and drive. That is the effect of his saying that we must start biting at some level and not confine these taxes to millionaries.

The result of all this will be that the economy will have the worst of both worlds. There is no point in pretending that we are applying social justice if, at the same time, we are discouraging enterprise and the creation of employment. I cannot understand the Minister's thinking in this regard especially at a time when there is so much at stake for the economy and for people who have no jobs. The Minister's action will not provide any jobs but will result in the loss of many. He and his colleagues may have the satisfaction of saying that they went after wealth, but this can be done to a point where the 40,000 or so young people who will be seeking jobs shortly will have to go elsewhere because there will be no work available for them here.

What Deputy Colley is proposing is reasonable, that is, that there should be some indication of the level of tax. The Minister has accused Deputy Colley of arguing that a gain of £150,000 should be exempt. Deputy Colley is not advocating any such thing.

And the Minister knows that.

It is the amendment.

Grow up.

Since February, 1974, I have been trying to convince the people opposite that capital gains tax is justifiable, and the more I listen to their opposition, the more I am convinced that I am right.

This is a disgraceful and a Tory approach to the whole question.

As well as being a doctrinaire Socialist I am a Tory, it seems.

Acting Chairman

Deputy Brugha, please.

If subsection (1) (i) means that, taken in conjunction with subsection (1) (a), the £150,000 is the total of assets, irrespective of how many children may be involved, it is important for the Minister to clarify whether this consideration of £150,000 to one or more children relates to the total amount divided between a number of children.

Our proposals are not intended to annoy the Minister or upset his policy. They are constructive and intelligent. I am afraid his reaction to them will cause people who have provided employment and have created wealth to become fed up. The Minister must get into his head that this country is not situated in the middle of China, that the people who need work here are largely provided with it by the people who have the energy and drive and are willing to put aside some money to create industry and employment. If the Minister persists, we will eventually reach a stage where the attitude in this country will be: "I will not be continually hounded by the Revenue Commissioners who now want to get me on capital gains, on wealth, on gifts. I am better off spending my money". Deputy Fitzgerald talked about people who work 14 and 16 hours a day. Are they to be discouraged day after day by the approach to enterprise and drive being displayed by the Minister and his colleagues? Eventually the Minister will have to answer to the electorate for his failure and the failure of his colleagues to provide jobs, to encourage enterprise.

Acting Chairman

The Deputy is straying a little.

I suppose I am.

(Dublin Central): It is very difficult not to on a Bill like this.

Acting Chairman

It is the duty of the Chair to keep the House on the straight and narrow path.

The Minister is partly right when he says we were over this before. We still believe in it and that is why we are pushing it. The Minister should give further consideration to the word "consideration" and to the real intention behind this Bill which should be to tax taxable gains but not to make the net so wide that energy and enterprise are discouraged causing a serious situation in the economy.

(Dublin Central): We are discussing a capital gains tax Bill and we should be talking about gains not “considerations”. When we come to special reliefs in the Bill we talk about considerations but when we come to taxing and to finding the base at which a thing is purchased we talk about gains. Deputy Haughey moved an amendment yesterday which would mean that the value of a property would be assessed at death when it would be passing on to the nephew or the son. The Minister last night stated that the value would be taken at death where a nephew or a son took control of the property. On this section it is not a consideration on death we are talking about. The Minister is going right back to when the father or grandfather acquired the property. That is the attitude of the Minister when he wants to get his capital gains tax. I am more against the principle than I am against either of the two figures—£50,000 or £150,000 —because I am convinced now, seeing that the Minister would not concede on the £50,000, that there is very little hope of our succeeding with this amendment. He would not even consider the case I put to him that an unfortunate widow forced to sell her property at 45 or 48 years of age would not benefit by the qualifying provisions in section 26.

I am objecting to the method the Minister is using in taking the consideration and not the gain. The Minister has changed his stance on many occasions to suit himself. He did it in connection with the Wealth Tax Bill and he has done it in regard to this Bill. Cash transactions are not allowed against a loss or a gain but in another section he changed his stance. The same situation arises here. He has talked about the administrative difficulties involved in acceptance of the previous amendment. In this type of transaction the Revenue Commissioners will scrutinise every transaction of this size to ensure that the size of the property is within the limits laid down in section 27. The Minister is not taking the gain into consideration. We believe this to be basically wrong. The same principle applies irrespective of the size of the transaction. It affects the larger transaction on a larger scale. Take a man operating at the level of £150,000. I could quote the examples that I have cited already but the scale would be larger involving greater injustice. Land could be acquired and a substantial benefit could be gained. The reasons I put forward on section 26 apply with equal force on this section. The Minister does not seem to have studied the proposition we put to him. If he did, he would see the merit in Deputy Colley's amendment to delete the word "consideration" and substitute the word "gain". It is obvious that the Minister is determined to have the Bill as he saw it in draft.

On Committee Stage I thought the Minister was giving serious consideration to the suggestions we made as we discussed the various sections. I believed that the Minister would come back to the House with a substantial number of amendments in which he conceded there was certain merit. I do not say that the Minister should introduce amendments to suit every one of our demands but I believed as we went through the Bill that amendments would be introduced on Report Stage to satisfy our demands to some extent. The Minister has failed to do that. By his failure to take into consideration our constructive criticism, the Bill when it passes will not be as we would like it to be. We put our objections at the very early stages.

I do not want to stray from the section, but I have the same objection to section 27 using the word "consideration" as I had on section 26. The Minister uses this method to provide his type of technique for collecting tax. We are talking about reliefs. He uses the word "consideration". When looking for his tax of 26 per cent on property that passes to a son or nephew, he does not take into consideration passing on death. He specifies very clearly where he will take his value from. It is spelled out in the Bill that if the father purchased the property 20 years previously, that is the date on which value will be established for the purposes of taxation at 26 per cent. This does not apply here. The section is not specific.

The Minister may contend that in section 26 and in section 27 he is giving concession in regard to £50,000 and £150,000. There could be a situation where there would be no capital gain at all in property of this value. In that type of situation a person can say to the Minister, "Thanks for nothing" because he is getting nothing in respect of a capital gain. That is what it cost him for the property and there is no capital gain included in the figure. I have seen considerable devaluation of property over the past 12 months. Ask any auctioneer or valuer as to what the position is.

Inflation is running at 25 per cent. The Government have undermined the confidence of the business world, so that the inflation will not be counteracted. The Minister should seriously consider Deputy Colley's amendment to delete the word "consideration" and substitute the word "gain". The persons I have in mind in dealing with section 26 and 27 will then know what we are talking about. As the sections are worded it is difficult to know whether the Minister is giving any consideration in regard to a gain or not. It all depends on circumstances and it would depend on the time the property was acquired.

Earlier, I asked that the amendments be taken separately from similar amendments down to the previous section. I did that for two reasons. First, because when we discussed a similar type of amendment on Committee Stage in relation to section 17 the Minister made great play with the fact that there they were dealing with moveable chattels and the difficulties of administration which would arise. I had, of course, similar amendments down on Committee Stage to sections 26 and 27 and pointed out to him that in those cases we were not dealing with moveable chattels, we were dealing with fixed chattels of which there was a record which had to be given to the Revenue Commissioners. The Minister did not respond to that argument at the time.

In case the Minister wishes to distinguish between what was involved in section 26 and in section 27, as he did on a previous occasion, I asked that they be dealt with separately so that we could deal with the arguments in relation to the different sections separately. That was the first reason. The second one was that I realised that the position of the Minister was likely to be, as it turned out to be, that after he had spoken on the amendments to the previous section there were other speakers from this side and, because we are on Report Stage, he did not get an opportunity of replying to them and I thought it only fair to him that he should get an opportunity of dealing with the arguments put forward. He did get the opportunity as a result of what I had asked the Ceann Comhairle to do earlier today, to treat this separately, but he did not take it. He did not use it. He did not attempt to deal with the arguments.

I tried to save time in proposing this amendment by not going over all the ground again and, in particular, I did not repeat what I had said on Committee Stage, or what I said on similar amendments earlier today at the beginning of my proposing speech, and at the end of it, and when I was concluding which was that, of course, I was not proposing that if the word "gain" were substituted for "consideration" the figure in the section should remain. I explained ad nauseam, I should have thought, that I was not in a position to assess what the figure should be if “gain” were to be put in place of “consideration”, and my belief that the only person who could do that was the Minister with the benefit of the advice available to him.

However, because I did not refer to this again, the Minister tried a silly L and H trick and tried to make out I was proposing that there should be an exemption in respect of a gain of £150,000. The Minister knows just as well as I do that I was proposing no such thing, but that was the main part of the argument he made in response. I suppose it points to the paucity of argument available to him in the face of the clear logic and equity in favour of this amendment. I specifically spelt out the last time, and again this time, the details of the alleged problems of administration for the Revenue Commissioners and for the taxpayers. I did it the last time and the Minister did not comment. He asserted that there were difficulties. He did not answer the points I put forward. I put them forward again on this section and specifically invited the Minister to comment on them. He failed to do so.

There is, of course, some significance in his failure but, at this stage, it being quite clear the Minister has no notion of even considering the arguments and the reasons put forward for the avoidance of the numerous anomalies he himself is creating, I think it is reasonable for me to comment on the fact that I believe that, because now there is a time limit for the passing of this Bill, the Minister really could not care less. He is simply going through the motions and not bothering to deal with the arguments put forward. He is entitled to do that. It is a tactic. I want to remind him that the reason there is a time limit on the passing of this Bill is that I agreed, in good faith, with the Whip on his side to that time limit. I agreed in the belief that the Minister would bring forward the amendments he indicated on Committee Stage, and also in the belief that he would genuinely try to meet the case put forward by this side of the House on the Report Stage and meet the arguments made, not as I said earlier, and as Deputy Fitzpatrick has said, in the naïve belief that the Minister would or should accept all the arguments put forward but that he would meet the situation in a bona fide manner.

His performance on this amendment cannot be described as bona fide. It was disgraceful, and I want to tell him now that he can tell the Whip on his side of the House not to come to me again seeking agreement on the conclusion of any Bill with which the Minister for Finance is concerned. He will find in the longer term that it does not pay to act in the way the Minister has acted. You can abuse the good faith of the Opposition once but, if you succeed in abusing the good faith of the Opposition twice, then that is a black mark against the Opposition and I do not intend to have that black mark chalked up against me.

I referred in passing to the fact that the Minister's approach to this matter was a Tory approach. That seems to surprise or amuse him. The Minister might try to think what word he would use to describe an approach to a Capital Gains Tax Bill which treated equally the speculator and the person who had over the years built up his business or his farm. That is the Minister's approach. I use the word "Tory" to describe it. Maybe the Minister can think of a better word. I cannot. Just in case he was mystified I will explain to him what I had in mind. It is quite clear that we are simply wasting our time in putting forward this amendment and, indeed, a number of the other amendments.

Earlier the Minister was at least giving some semblance of dealing with the arguments. He has now apparently given up the effort at even putting a gloss or a veneer on it. That does not mean we will stop, because we have a duty to perform as members of the Opposition, a duty particularly in relation to legislation of this nature, a duty we are discharging and, if I may say so, discharging in a way it never was discharged by the Opposition we had when we were in Government because they did not have either the time, the energy or the confidence. One of these was missing. They never dealt with legislation in the way in which this Opposition are dealing with it. If the Minister thinks that because he is now in a position where he knows he will get his legislation through by a particular time, and he can therefore simply ignore the arguments put forward and make no effort to answer them, to explain his own position or his own thinking, he will, as I have said, learn in due course that that kind of response does not pay off. In the meantime, it will not prevent this side of the House from doing its duty in relation to this capital gains tax legislation and, whether or not we are wasting our time trying to persuade the Minister, the record will show that we tried to make this a workable measure.

We are trying to make it a workable measure in this amendment, which seeks to get some degree of straight thinking into the legislation rather than the muddled thinking which talks about taxing capital gains and, when it comes to exemptions— some exemptions, not all—ignores gains and talks about consideration, something that has as much relation to gains as chalk has to cheese. That is the kind of logic we have in this section, this crazy logic that can be followed by the Minister for Finance. We certainly cannot follow it and I doubt if many people can. The Minister did not attempt to justify it, of course, on logical grounds, but we have sought to introduce some logic and some equity. We have tried to relate exemptions to gains. That would seem, on the face of it, to be a reasonable and acceptable principle but, as far as the Minister is concerned, apparently it is not. In due course those affected will have the opportunity of judging whether the Minister's or our approach is reasonable.

Debate adjourned.
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