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Dáil Éireann debate -
Thursday, 22 May 2003

Vol. 567 No. 3

Adjournment Debate. - Tax Code.

My matter relates to cruising to tax advantage. According to a report in a national newspaper this week, a consortium of wealthy Irish businessmen and professionals have purchased the luxury yacht, the Christina O, formerly the property of the legendary Aristotle Onassis, for $50 million. Domestic tax law allows them to claim capital allowances for the purchase of the yacht and for its refurbishment and to set these costs against their Irish income for tax avoidance purposes. It is a worthy and successful business enterprise for these investors, but it is absurd that such a venture attracts such significant tax breaks for those involved and that the tax code still has many devices such as this embedded in it.

President McAleese stated recently that alcohol abuse is the dark side of our social life, but tax avoidance by the wealthy is the dark side of the economy. I do not wish to comment on any individual. However, I wish to highlight the general principle of tax breaks that enable wealthy persons to achieve a virtual tax free status in the this State, as was shown in the Revenue review of a sample case group of high earners some months ago. A number of other examples related to capital allowances have come to light in recent times, notably the sale and lease back set up for property at the IFSC and the capital allowances concession granted astonishingly to the promoters of the Kinnegad motorway PPP project.

All of these devices, sponsored and fostered by Fianna Fail and the Progressive Democrats, allow wealthy individuals to essentially decide how much tax to pay. The Revenue survey of the wealthy showed that significant percentages of high earning individuals paid no tax or paid tax at low rates. In reply to a parliamentary question I tabled last December, the Minister for Finance, Deputy McCreevy stated that of the approximately 53,6000 taxpayers who acknowledged gross incomes over €100,000 in 2002, some 31,500 were self-employed, including proprietary directors. The Minister confessed that a relatively small number of persons, approximately 3% of taxpayers, declared such incomes. This is a ludicrous figure, totally unsupported by the data from the household budget survey.

The tax avoidance industry starves the health and education services and creates a deeply divided society that runs totally counter to the ideals of those who fought for our national independence. I call on the Minister of State to categorically set out the benefits accruing to the proprietors of the scheme of the yacht scheme I mentioned. Parents are currently deeply worried about the imposition of further swingeing fees for third level education and they deserve an answer. It is ironic that the wealthy can yet again benefit from the Minister for Finance's largesse. For all his bluster at budget time about closing tax loopholes, the Minister has been equally busy creating new ones while continuing to ignore notorious existing ones.

It is excessively difficult to obtain detailed information regarding the operation of such schemes and the beneficiaries. The information is often refused by the Minister and the Revenue Commissioners on the grounds that to do so would undermine the correct principle of confidentiality between the taxpayer and the Revenue Commissioners. However, these are large schemes and are a significant cost in terms of tax expenditure. They starve our health and education systems of so much in the way of resources that the Minister must come clean on tax avoidance. I hope the Minister of State will not hide behind such excuses. If we are to have a rational and reasoned debate about tax avoidance and tax breaks and the additional economic activity they generate, we need the full facts.

I take it the Deputy is referring to the article in the Irish Independent on Monday last relating to wealthy individuals and the use of tax loopholes. The Deputy will be aware of the principle of confidentiality that applies to an individual or corporate taxpayer's dealings with the Revenue Commissioners and of the long standing independence of the commissioners in that regard. Accordingly, I am not in a position to comment on the case concerned and can reply to the matter in general terms only. However, it would be less than prudent to rush to judgment on this or any other case on the basis of newspaper reports alone. It cannot be presumed that the matter reported in the media has had the outcome suggested.

On a point of order, I referred to a significant scheme and the Minister of State's excuse that the Revenue Commissioners are hiding behind confidentiality is not acceptable in reply to the important matter I legitimately raised. I deserve an answer. This is a major scheme and officials in the Minister of State's Department, as well as those in the Revenue, are aware of its parameters. He should provide an appropriate reply to the House.

If the Deputy gives me an opportunity to continue, I might get around to it. As she will be aware, it is a matter for the Revenue Commissioners, in the first instance, to determine whether particular arrangements are effective for tax purposes. I have no doubt the Revenue is fully aware of the newspaper report concerned.

On the general issue of contrived arrangements, the Minister's position is well known and his record speaks for itself. Tax incentives are there to be used and to encourage investment which would not otherwise be made. The Minister has difficulty when incentives, or the tax code in general, are used in highly artificial and "packaged" ways, which can greatly reduce effective tax rates on high incomes. This is unfair to the general body of taxpayers and works against the progressivity of the tax system.

In recent years the Minister has taken action on a number of occasions against tax avoidance schemes that used tax incentives and the tax code in this way. Action was taken in 1998 against asset backed schemes that had been set up to maximise special incentive reliefs on industrial buildings. Schemes involving limited partnerships were severely restricted in 2000 and in 2002 legislation addressed abuses involving personal portfolio bonds and reverse premiums. This year measures were targeted against passive investors in the areas of electricity generation, the film and music industries and oil and gas exploration. These measures ring-fenced the reliefs concerned so that they can only be used to shelter an individual's income from tax to the extent, if any, that it is earned from the trade.

Deputies may recall that the Minister also acted this year to close a loophole involving the transfer of capital allowances on certain buildings from companies to individual investors. Under this measure, where a building in respect of which a company has claimed capital allowances is sold to individual investors, they will be entitled to set the capital allowances related to the building solely against their rental income from the building concerned. it subsequently came to the Minister's attention that arrangements were being considered, the effect of which would be to circumvent the then Finance Bill provisions through the use of loan finance by investors in an intermediary company or partnership. His response was to act immediately to close off these further contrived arrangements by announcing measures that will be included in the 2004 budget and Finance Bill, with retrospective effect to 19 March 2003.

The Minister's record, and that of the Government, is, therefore, clear and unambiguous. The Exchequer must and will be protected against contrived schemes and arrangements that undermine the tax base. The Deputy can rest assured that if further abuses or objectionable arrangements come to light, the Minister will not hesitate to take action and to legislate against them with immediate effect.

The Minister of State did not reply to the question at all.

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