I move: "That the Bill be now read a Second Time."
I am delighted to introduce the Second Stage of the Capital Acquisitions Tax Consolidation Bill 2002. The Bill consolidates the law relating to capital acquisitions tax which is contained in the Capital Acquisitions Tax Act 1976 and in provisions in 24 of the subsequent Finance Acts amending and extending that Act. The new consolidation Bill continues the successful process of the ongoing modernisation of the tax code. In 1997, the Taxes Consolidation Act consolidated direct taxes legislation dealing with income tax, corporation tax and capital gains tax.
In 1999, the Stamp Duties Consolidation Act consolidated stamp duties legislation. In addition, the consolidation and modernisation of general excise law on mineral oils was included in the Finance Act 1999 and the consolidation and modernisation of general excise law was included in the Finance Act 2001.
By way of background, capital acquisitions tax, CAT, consisting of both gift tax and inheritance tax, was passed into law by the Oireachtas on 31 March 1976. The introduction of CAT followed the publication of a White Paper on Capital Taxation in February 1974. This White Paper, among other things, recommended replacing the then method of taxing the assets of a deceased person with a new inheritance tax on benefits. The old tax, known as estate duty, taxed the assets contained in the estate of the deceased person, while the new tax, in contrast, taxed the inheritances received by each of the beneficiaries. In addition, the White Paper also proposed the introduction of a gift tax which was to complement inheritance tax.
As a result of the fact that a period of almost 27 years has elapsed since the Capital Acquisitions Tax Act was enacted, and because that Act has been amended and extended in Finance Acts every year since then, with the exception of the 1976, 1979 and 1983 Finance Acts, the need to consolidate the legislation relating to capital acquisitions tax is self-evident. The preparatory process for consolidating capital acquisitions tax followed the same rigorous process that was adopted for the Taxes Consolidation Act 1997 and the Stamp Duties Consolidation Act 1999. The aim at all times was to ensure the most accurate consolidation of the existing law with nothing left out and nothing added. This is what has been achieved in this Bill. The Bill was considered by the Parliamentary Counsel's office and has been duly certified as a consolidation of existing law by the Attorney General.
In preparing the Capital Acquisitions Tax Consolidation Bill 2002, the Revenue Commissioners adopted much of the same approach as was adopted for the earlier consolidation Acts. An initial draft of the Bill was made available to the Law Society of Ireland, the Institute of Taxation in Ireland and the consultative committee of accountancy bodies in Ireland. In addition, two independent expert referees were appointed to examine the accuracy and structure of the Bill. The comments made by these referees added greatly to the final product. I would like to take this opportunity to extend my thanks to the parties concerned.
Another area of similarity to the previous consolidation legislation is in the structure of the Bill, where for example, as in the Taxes Consolidation Act 1997 and the Stamp Duties Consolidation Act 1999, generally applicable provisions such as definitions and the charging sections appear at the beginning of the Bill. These are then followed by more specialist provisions, for example, special provisions relating to the value of property for the purposes of gift and inheritance tax. In addition, the commencement and transitional provisions are set out at the end of the Bill.
The use of archaic language in general and of the old-fashioned device of using provisos to change the meaning of a section have also been eliminated in the Bill.
To facilitate readers of the Bill, statutory derivations for the legislation provided for in the Bill, which I will refer to as new legislation, are set out in the margin opposite each section. These entries show the source of the new legislation. In addition, the memorandum published with the Bill sets out the old legislation in chronological order and shows the reader where it is located in the new legislation. If a previous provision has not been enacted in the Bill, the memorandum explains why. The most common reasons for not including a provision in the Bill are that the provision in question has already been repealed or it is unnecessary for some reason, for example, it might be superfluous.
The Bill before the House is the culmination of over two years' work. Perhaps the greatest benefit which will result from this consolidation will be the restructuring of the capital acquisitions code in a clear, coherent and logical way. This will make it more accessible and user-friendly for all users, including Members of the Oireachtas, who have to cope with annual changes to the capital acquisitions tax legislation.
The consolidation of capital acquisitions tax will also make it possible for future changes to capital acquisitions tax to be slotted into the Consolidation Act by way of amendment to that Act. It is intended that this should happen and I would like to give the House a commitment to that effect.
I do not intend to go through every section of the Bill. The explanatory memorandum, which has been published with the Bill, sets out in summary form what each section of the Bill is about. However, I would like to give Deputies some flavour of the overall structure of the Bill.