Finance Bill 2020: Financial Resolutions

Debate resumed on the following motion moved by the Minister for Public Expenditure and Reform on Wednesday, 11 November 2020:
1. THAT PART 35A of the Taxes Consolidation Act 1997, which applies transfer pricing rules to certain arrangements between associated persons, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
2. THAT Schedule 2 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deals with the machinery for assessment, charge and payment of tax under Schedule C and in certain cases, Schedule D, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
3. THAT Part 35B of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides Controlled Foreign Company rules to prevent the artificial diversion of profits from controlling companies to offshore entities in low or no-tax jurisdictions and also provides for certain exemptions from the application of those rules, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
4. THAT Part 35C of the Taxes Consolidation Act 1997 (No. 39 of 1997), which gives effect to Council Directive (EU) 2016/1164 of 12 July 2016 as regards hybrid mismatches, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
4a. THAT section 541 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to the treatment of debts for capital gains tax purposes, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
5. THAT section 98 of the Finance Act 1999 (No. 2 of 1999), which provides for repayment of mineral oil tax paid on heavy oil or liquefied petroleum gas used by a horticultural producer, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
6. THAT section 96 of, and Schedules 2 and 2A to, the Finance Act 1999 (No. 2 of 1999),which provide for the carbon charge and rates of mineral oil tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
7. THAT section 67 of the Finance Act 2010 (No. 5 of 2010), which provides for the charging and rates of natural gas carbon tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
8. THAT section 78 of, and Schedule 1 to, the Finance Act 2010 (No. 5 of 2010), which provide for the charging and rates of solid fuel carbon tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
9. THAT section 132 of the Finance Act 1992 (No. 9 of 1992), which sets out the charge of excise duty (vehicle registration tax), be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
10. THAT section 135C of the Finance Act 1992 (No. 9 of 1992), which sets out the remission or repayment in respect of vehicle registration tax on certain hybrid vehicles, certain flexible fuel vehicles, certain plug-in hybrid electric vehicles, certain electric vehicles and certain electric motorcycles, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
11. THAT paragraph 6 of Part I of the Schedule to the Finance (Excise Duties) (Vehicles) Act 1952 (No. 24 of 1952), which sets out the charge of excise duty (motor tax), be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
12. THAT the Value-Added Tax Consolidation Act 2010 (No. 31 of 2010) be amended in the manner and to the extent specified in the Act giving effect to this Resolution, to provide for the insertion of section 109A, which provides that Revenue may require, where they deem it necessary for the protection of the revenue, the appointment of a tax representative as the person liable for the payment of tax due and payable by a non-EU established taxable person and that the tax representative shall be jointly and severally liable for the tax due and payable on the taxable supplies of that taxable person, and consequential amendments to sections 5, 111, 115 and 116.
13. THAT Schedule 2 to the Value-Added Tax Consolidation Act 2010 (No. 31 of 2010), which relates to goods and services to which the zero rate of value-added tax applies, and Schedule 3 to the Value-Added Tax Consolidation Act 2010 (No. 31 of 2010), which relates to goods and services chargeable at the reduced rate of value-added tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
14. THAT section 126AA of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999),which provides for a stamp duty in the form of a further levy on certain financial institutions, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.
14a. THAT—
(a) Chapter 2 of Part 19 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains provisions for the computation of chargeable gains and allowable losses for the purposes of capital gains tax,
(b) Sections 6 and 11 of the Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003), which provides for the charge to gift tax and inheritance tax,respectively, on the receipt of taxable benefits,
(c) Section 75 of the Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003), which provides for a tax exemption in relation to the receipt of units in certain collective investment undertakings, and
(d) Part 6 of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which provides for a stamp duty charge on the transfer of certain uncertificated securities,
be amended in the manner and to the extent specified in the Act giving effect to this Resolution.”
15. THAT Chapter 1B of Part 42 of the Taxes Consolidation Act 1997 (No. 39 of 1997),which contains provisions for the collection of tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution, to provide for the insertion of section 960GA, which provides that no interest shall be payable on a repayment or refund of tax arising as a result of a settlement by agreement with the Revenue Commissioners of an appeal against a disputed assessment, or a determination of the Appeal Commissioners or a court in relation to such an appeal, in so far as the repayment or refund relates to payments made in connection with the disputed assessment in excess of the liability to tax as assessed by the taxpayer.

I must now deal with a postponed division relating to the Financial Resolutions 1 to 15, inclusive, for the Finance Bill 2020. Today, on the question that the Financial Resolutions 1 to 15, inclusive, be agreed to, a division was claimed and that division must be taken now.

Question put:
The Dáil divided: Tá, 84; Níl, 64; Staon, 0.

  • Berry, Cathal.
  • Brophy, Colm.
  • Browne, James.
  • Bruton, Richard.
  • Burke, Colm.
  • Burke, Peter.
  • Butler, Mary.
  • Byrne, Thomas.
  • Cahill, Jackie.
  • Calleary, Dara.
  • Cannon, Ciarán.
  • Carey, Joe.
  • Carroll MacNeill, Jennifer.
  • Chambers, Jack.
  • Collins, Niall.
  • Costello, Patrick.
  • Coveney, Simon.
  • Cowen, Barry.
  • Creed, Michael.
  • Crowe, Cathal.
  • Devlin, Cormac.
  • Dillon, Alan.
  • Donnelly, Stephen.
  • Donohoe, Paschal.
  • Duffy, Francis Noel.
  • Durkan, Bernard J.
  • English, Damien.
  • Farrell, Alan.
  • Feighan, Frankie.
  • Fitzpatrick, Peter.
  • Flaherty, Joe.
  • Flanagan, Charles.
  • Fleming, Sean.
  • Foley, Norma.
  • Griffin, Brendan.
  • Harris, Simon.
  • Haughey, Seán.
  • Heydon, Martin.
  • Higgins, Emer.
  • Hourigan, Neasa.
  • Humphreys, Heather.
  • Kehoe, Paul.
  • Lahart, John.
  • Lawless, James.
  • Leddin, Brian.
  • MacSharry, Marc.
  • Madigan, Josepha.
  • Martin, Catherine.
  • Matthews, Steven.
  • McAuliffe, Paul.
  • McConalogue, Charlie.
  • McEntee, Helen.
  • McGrath, Michael.
  • McHugh, Joe.
  • Moynihan, Aindrias.
  • Moynihan, Michael.
  • Murnane O'Connor, Jennifer.
  • Murphy, Eoghan.
  • Murphy, Verona.
  • Naughton, Hildegarde.
  • Noonan, Malcolm.
  • O'Brien, Darragh.
  • O'Brien, Joe.
  • O'Callaghan, Jim.
  • O'Connor, James.
  • O'Dea, Willie.
  • O'Donnell, Kieran.
  • O'Donovan, Patrick.
  • O'Dowd, Fergus.
  • O'Gorman, Roderic.
  • O'Sullivan, Christopher.
  • O'Sullivan, Pádraig.
  • Ó Cathasaigh, Marc.
  • Ó Cuív, Éamon.
  • Rabbitte, Anne.
  • Richmond, Neale.
  • Ring, Michael.
  • Ryan, Eamon.
  • Shanahan, Matt.
  • Smith, Brendan.
  • Smyth, Niamh.
  • Smyth, Ossian.
  • Stanton, David.
  • Troy, Robert.

Níl

  • Andrews, Chris.
  • Barry, Mick.
  • Boyd Barrett, Richard.
  • Brady, John.
  • Browne, Martin.
  • Buckley, Pat.
  • Cairns, Holly.
  • Carthy, Matt.
  • Clarke, Sorca.
  • Collins, Joan.
  • Collins, Michael.
  • Conway-Walsh, Rose.
  • Cronin, Réada.
  • Crowe, Seán.
  • Cullinane, David.
  • Daly, Pa.
  • Doherty, Pearse.
  • Donnelly, Paul.
  • Ellis, Dessie.
  • Farrell, Mairéad.
  • Fitzmaurice, Michael.
  • Funchion, Kathleen.
  • Gannon, Gary.
  • Gould, Thomas.
  • Guirke, Johnny.
  • Harkin, Marian.
  • Healy-Rae, Danny.
  • Healy-Rae, Michael.
  • Howlin, Brendan.
  • Kelly, Alan.
  • Kenny, Gino.
  • Kenny, Martin.
  • Kerrane, Claire.
  • Mac Lochlainn, Pádraig.
  • McGrath, Mattie.
  • McNamara, Michael.
  • Mitchell, Denise.
  • Munster, Imelda.
  • Murphy, Catherine.
  • Murphy, Paul.
  • Mythen, Johnny.
  • Nash, Ged.
  • O'Callaghan, Cian.
  • O'Donoghue, Richard.
  • O'Reilly, Louise.
  • O'Rourke, Darren.
  • Ó Broin, Eoin.
  • Ó Laoghaire, Donnchadh.
  • Ó Murchú, Ruairí.
  • Ó Ríordáin, Aodhán.
  • Ó Snodaigh, Aengus.
  • Pringle, Thomas.
  • Quinlivan, Maurice.
  • Ryan, Patricia.
  • Sherlock, Sean.
  • Shortall, Róisín.
  • Smith, Bríd.
  • Smith, Duncan.
  • Stanley, Brian.
  • Tóibín, Peadar.
  • Tully, Pauline.
  • Ward, Mark.
  • Whitmore, Jennifer.
  • Wynne, Violet-Anne.

Staon

Tellers: Tá, Deputies Brendan Griffin and Jack Chambers; Níl, Deputies Denise Mitchell and Pádraig Mac Lochlainn.
Question declared carried.
The Dáil adjourned at 10.15 p.m. until 10.30 a.m. on Thursday, 12 November 2020.