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Dáil Éireann debate -
Wednesday, 4 Nov 1998

Vol. 496 No. 1

Written Answers. - Capital Gains Tax.

John Perry

Question:

163 Mr. Perry asked the Minister for Finance if he will waive a vendor's capital gains tax liability for a person (details supplied); if not, if he will grant her rollover relief on the basis that the site in question is to be used for community development purposes; and if he will make a statement on the matter. [22099/98]

The administration of capital gains tax is solely a matter for the Revenue Commissioners. I have been advised by the Commissioners that they do not have the power to waive any capital gains tax liability which may arise in this case.

The Commissioners have also advised me that, on the basis of the limited information currently available to them regarding this case, it is unclear whether rollover relief would be available to the vendor. The legislation in relation to rollover relief sets out detailed rules in relation to the availability of the relief and includes restrictions on the relief in cases such as the current one involving disposals of development land. There is nothing in the legislation providing for rollover relief in situations where the land disposed of is used for community development purposes.

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