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Dáil Éireann debate -
Thursday, 28 Apr 1994

Vol. 442 No. 2

Financial Resolutions: Motion.

I move:

That provision be made in the Act giving effect to this Resolution so as to secure, in the manner and to the extent specified in that Act, that tax relief in respect of mortgage interest will be confined to the standard rate of tax.

That provision be made in the Act giving effect to this Resolution so as to secure, in the manner and to the extent specified in that Act, that tax relief in respect of medical insurance premiums will be confined to the standard rate of tax.

That section 12 of the Finance Act, 1967 (No. 17 of 1967), which provides for relief from income tax in respect of certain unreimbursed medical expenses, be amended to restrict the relief in the manner and to the extent specified in the Act giving effect to this Resolution.

That the Second Schedule to the Finance Act, 1992 (No. 9 of 1992), which lists the accountable persons for the purposes of Chapter III of Part I of the Finance Act, 1987 (No. 10 of 1987), be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That the provisions relating to interest payments by certain deposit takers be amended in the manner and to the extent provided for in the Act giving effect to this Resolution.

That section 18 of the Finance Act, 1988 (No. 12 of 1988), which relates to the payment of tax under self assessment, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That Part XXXI of the Income Tax Act, 1967 (No. 6 of 1967), which makes provision for the taxation of foreign dividends and other matters, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 2 of the Finance Act, 1969 (No. 21 of 1969), which provides for exemption from income tax in respect of certain earnings of writers, composers and artists, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That paragraph (b) of the definition of "specified individual" in subsection (1) of section 11 of the Finance Act, 1984 (No. 9 of 1984), which is concerned with the amount and source of income chargeable to tax which an individual may be in receipt of in order to come within the terms of that definition, be amended in the manner and to the extent provided for in the Act giving effect to this Resolution.

That provision be made in the Act giving effect to this Resolution for the cesser of subsection (3) (b) of section 17 of the Finance Act, 1991 (No. 13 of 1991), which subsection provides for the non application in certain circumstances of subsections (1) and (2) of the said section 17.

That section 19 of the Finance Act, 1982 (No. 14 of 1982), which provides for tax relief in respect of qualifying expenditure incurred in a chargeable period on an approved building, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 35 of the Finance Act, 1987 (No. 10 of 1987), which relates to relief for investment in films, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 265 of the Income Tax Act, 1967 (No. 6 of 1967), which provides for the application, on the occurrence of certain events, of a balancing allowance or a balancing charge in relation to capital expenditure incurred on the construction of an industrial building or structure, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That sections 83 and 88 of the Corporation Tax Act, 1976(No. 7 of 1976), which relate to Schedule F tax and company distributions, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That provision be made in the Act giving effect to this Resolution to amend section 34 of the Finance Act, 1973 (No. 19 of 1973), so as to exclude from the definition in subsection (1) of "income from a qualifying patent" royalties derived from non-manufacturing activity where the payments are made between persons who are connected to each other.

That section 46 of the Finance Act, 1986 (No. 13 of 1986), which restricts tax relief to persons who are members of limited partnerships, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That provision be made in the Act giving effect to this Resolution for the restriction of the set-off of capital allowances which arises in the case of certain leases of machinery or plant.

That Chapter IV of Part I of the Finance Act, 1986 (No. 13 of 1986), which provides for interest payments by certain deposit takers, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 45 of the Finance Act, 1986 (No. 13 of 1986), which provides for a deduction, in computing the income of a person's trade or profession, of double the rent paid in respect of certain qualifying premises situated in areas designated under the Urban Renewal Scheme which are occupied by the person for the purposes of the trade or profession, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 27 of the Finance Act, 1987 (No. 10 of 1987), which enables the Minister for Finance, after consultation with the Minister for the Environment, to—

(a) designate by order certain areas, in addition to those provided for in Chapter V of Part I of the Finance Act, 1986 (No. 13 of 1986), to be designated areas for the purposes of the urban renewal incentives provided for in the said Chapter V and to prescribe in relation to such areas the period for availability of the incentives, and

(b) extend by order the Custom House Docks Area beyond the boundaries defined in the said Chapter V,

be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 39 of the Finance Act, 1980 (No. 14 of 1980), which defines "goods" for the purposes of the relief from certain corporation tax in relation to certain income of manufacturing companies, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 84A of the Corporation Tax Act, 1976 (No. 7 of 1976), which limits matters which may be treated as a distribution, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That Chapter VI of Part I of the Finance Act, 1980 (No. 14 of 1980), which relates to relief from certain corporation tax for certain income of manufacturing companies, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That provision be made in the Act giving effect to this Resolution for—

(a) the taxation of certain foreign exchange gains of companies,

(b) relief for certain foreign exchange losses of companies, and

(c) a revised basis for the calculation of capital allowances and losses by reference to amounts expressed in foreign currencies for companies.

That sections 17 and 18 of the Finance Act, 1993 (No. 13 of 1993), which provide for the taxation of undertakings for collective investment and unit holders in such undertakings, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That Part IV of the Capital Gains Tax Act, 1975 (No. 20 of 1975), which provides for exemptions and reliefs from capital gains tax, be amended in the manner and to the extent provided for in the Act giving effect to this Resolution.

That section 25 of the Finance Act, 1989 (No. 10 of 1989), which provides that companies may elect to nominate an accounting period or periods for which a dividend or other distribution is to be treated as made for the purposes of computing certain tax credits, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 31 of the Capital Gains Tax Act, 1975 (No. 20 of 1975), which exempts from capital gains tax gains from investments in certain unit trusts, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That provision be made in the Act giving effect to this Resolution for altering the time at which the liability for payment of the excise duty on cigarettes occurs from the time that the cigarettes—

(a) are manufactured in the State,

(b) are imported into the State, or

(c) cease to be warehoused in the State,

to the time at which tax stamps issued and regulated by the Revenue Commissioners are purchased.

That provision be made in the Act giving effect to this Resolution so that:

(a) the intra-Community acquisition of a motorised land vehicle which is not more than 6 months old or has not travelled more than 6,000 kilometres be subjected to value-added tax,

(b) certain taxable persons be liable to value-added tax in relation to certain supplies of immovable goods,

(c) certain persons be treated as taxable persons where the value of intra-Community acquisitions of goods made by them exceed the threshold appropriate to those acquisitions,

(d) the relief provided from value-added tax in cases where the consideration for a supply is reduced is not applicable in the case of certain supplies of immovable goods,

(e) a taxable person be not entitled to deduct value-added tax incurred on food or drink or accommodation or other entertainment services where such services form part of an advertising service supplied by the taxable person,

(f) a taxable person in certain circumstances be not entitled to deduct value-added tax incurred on a building or facility, including the fitting out of such building or facility,

(g) the services of loss adjusters be liable to value-added tax at the 21 per cent rate,

(h) supplies of gaming services and services involving the use of gaming or amusement machines supplied in fairgrounds or amusement parks be liable to value-added tax at the 21 per cent rate,

(i) it is confirmed that supplies of farm accountancy and farm management services are liable to value-added tax at the 21 per cent rate.

That provision be made in the Act giving effect to this Resolution for—

(a) charging stamp duty on the issue of loan capital, and

(b) the payment of stamp duty before an appeal can be lodged with the Appeal Commissioners,

in the manner and to the extent specified in the Act so giving effect.

That the rate of tax set out in section 96 of the Finance Act, 1983, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That the definition of ‘general exemption limit' in subsection (1) of section 100 of the Finance Act, 1983, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 101 of the Finance Act, 1983, which relates to the income exemption limit for residential property tax purposes, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That paragraph (g) of section 111 of the Finance Act, 1993, which relates to the deduction of liabilities for the purposes of probate tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That paragraph (c) of section 112 of the Finance Act, 1993, which relates to the dwelling-house exemption for the purposes of probate tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

That provision be made in the Act giving effect to this Resolution so as to secure, in the manner and to the extent specified in that Act, that probate tax shall be paid by such persons as may be specified in that Act.

That section 19 of the Capital Acquisitions Tax Act, 1976, which relates to the value of agricultural property for capital acquisitions tax purposes, be amended, as respects gifts or inheritances taken on or after the 11th day of April, 1994, in the manner and to the extent specified in the Act giving effect to this Resolution.

That the Second Schedule to the Capital Acquisitions Tax Act, 1976, which relates to the computation of capital acquisitions tax, be amended, as respects gifts or inheritances taken on or after the 11th day of April, 1994, in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 109 of the Finance Act, 1984, which relates to the computation of discretionary trust tax, be amended, as respects inheritances taken on or after the 11th day of April, 1994, in the manner and to the extent specified in the Act giving effect to this Resolution.

That section 128 of the Finance Act, 1990, which relates to the indexation of the capital acquisitions tax thresholds, be amended, as respects gifts or inheritances taken on or after the 11th day of April, 1994, in the manner and to the extent specified in the Act giving effect to this Resolution.

It was agreed to take these motions without debate but I wish to make one request to the Minister. It has been rumoured that an amendment on the residency rule for tax exiles will be introduced on Report Stage. Will the Minister introduce all his amendments on Committee Stage as it will not be possible to deal properly with amendments if they are introduced for the first time on Report Stage?

I assure Deputy Yates that all major amendments will be introduced on Committee Stage. I am not aware of any amendments which may need to be introduced on Report Stage, but it may be necessary to introduce some minor technical amendments at that stage.

Question put and agreed to.
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