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Dáil Éireann debate -
Tuesday, 19 Feb 1991

Vol. 405 No. 3

Written Answers. - Corporation Tax Exemption.

Michael Lowry

Question:

38 Mr. Lowry asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Gerry Reynolds

Question:

42 Mr. G. Reynolds asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Brendan McGahon

Question:

44 Mr. McGahon asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Ivan Yates

Question:

46 Mr. Yates asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline:- (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Godfrey Timmins

Question:

49 Mr. Timmins asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Dinny McGinley

Question:

54 Mr. McGinley asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Fergus O'Brien

Question:

55 Mr. O'Brien asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Michael D'Arcy

Question:

83 Mr. D'Arcy asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Theresa Ahearn

Question:

92 Mrs. T. Ahearn asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

Edward Nealon

Question:

95 Mr. Nealon asked the Minister for Finance if he will list the companies that have been exempted under the Finance Act, 1988 from corporation tax in respect of dividends from foreign subsidiaries where the dividend was invested in an approved investment plan; and in each case if he will outline: (a) the nature of the investment plan (b) by whom it was approved (c) if the investment is entirely in Ireland and (d) the amount of tax foregone.

I propose to take Questions Nos. 38, 42, 44, 46, 49, 54, 55, 83, 92 and 95 together. Section 41 of the 1988 Finance Act gives an exemption from corporation tax on dividends received from abroad by an Irish company from a foreign subsidiary where such dividends are applied for the purposes of an investment plan directed towards the creation or maintenance of employment in Ireland. The foreign subsidiary in question must be located in a country with which Ireland has a double-taxation agreement.

To claim the relief, the company must first of all submit an investment plan to the Minister for Finance showing how it proposes to apply the foreign dividends. This plan is examined by the Department of Finance who will usually discuss the details with the company. The Department will then make a recommendation to the Minister on the proposal. If the Minister is satisfied that the plan is directed towards the creation or maintenance of employment in trading activities in Ireland, and if the other conditions are met, he is empowered to issue a certificate exempting the relevant dividends from tax. An approved investment plan is a plan in respect of which the Minister has issued such a certificate.
The exemption has been applied in two cases to date. For reasons of confidentiality, it would not be appropriate to specify the two companies in question or to reveal the nature of the approved investment plans. The scheme is a worthwhile one in that it brings in money from abroad, which might not otherwise have come in, and it is directed towards employment creation and maintenance in Ireland. It is not possible to estimate precisely the amount of Irish tax foregone to date as this depends on variable factors such as the amount of double-taxation relief that otherwise might apply, the availability of group relief and the fundamental issue of whether the money would have come in the absence of the scheme. The maximum theoretical cost to date would not exceed £6.5 million and the real cost would probably be only a fraction of that.
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