This Bill fulfils the promise made by the parties to the National Coalition in their statement of intent of February, 1973, to replace estate duty by a tax which would be paid by instalments during the lifetime of the owner of the wealth. Estate duty and its associated legacy and succession duties were abolished by the Finance Bill enacted last May in respect of the estates of persons dying on or after 1st April, 1975. In the debate on that Bill Senators have already heard the reasons behind the Government's decision to abolish that system which because of its inherent inequities and injustices had become a real source of grievance for many persons of small or medium substance. The Wealth Tax Bill now before you accordingly provides for an annual tax of 1 per cent on taxable wealth held on the valuation date of 5th April each year in excess of the generous exemption thresholds of £100,000 in the case of a married couple, £90,000 in the case of a widowed person and £70,000 in the case of a single person. An extra taxfree allowance of £2,500 is provided in respect of each minor unmarried child.
Following up the promise contained in the statement of intent an outline of the Government's proposals for an annual wealth tax was contained in the white paper on Capital Taxation published, almost 18 months ago, in February 1974. It was in recognition of the desirability of, and indeed commitment to, consulting the public on major areas of policy reform that the White Paper was published as a consultative document. The broad shape of the new system was of course indicated, but there were many important aspects of the system which merited and indeed greatly benefited from the very full and open discussion and debate which followed publication of the white paper. No one can be in any doubt about the exceptionally wide-ranging and detailed examination to which the scheme of wealth tax enshrined in this Bill has been subjected and this, not alone by the Dáil, where it has spent over 110 hours, but by the industrial, farming, commercial, professional and other sectors of the community who have all contributed both orally and in writing to shaping the form and detail of the Bill now before you. Never before in the history of democracy in this country and, I suspect, any other country, has there been so much debate on proposals affecting so few.
The Government naturally would have preferred that the Seanad would have had an opportunity before now of debating this very important legislation. To achieve that end the Government suggested that the Bill should be taken in Select Committee in the Dáil but the Opposition were, regrettably, not agreeable. The manner in which the Bill was discussed in the Dáil, including as it did speeches which were repetitious of arguments not germane to the issue of taxation of capital, did not help its passage. As you are aware the Government were eventually compelled to table a time motion to bring the debate to an end.
The Government consider that it is imperative that this legislation should pass through the Oireachtas this session. This is vital to the interests both of the taxpayers and the Revenue Commissioners. The Wealth Tax, which is operative from 5th April last, was foreshadowed in February, 1974. In fairness to all, the details must be finalised now so that persons who will be affected by the tax will know exactly where they stand.
As might be expected, it was not possible to satisfy the criticisms and wishes of every individual and every organisation who made representations. No Minister for Finance introducing taxation proposals nor any Government which has the unenviable task of approving such proposals in an effort to balance the relative demands, needs and priorities of what it regards as the best interests of the country need expect universal acclaim. Nevertheless, I think it must be clear from the generous taxfree thresholds, exemptions and reliefs provided, that the Government have removed persons of modest or indeed more than modest wealth-holdings from the scope of the tax altogether. In short they want to impose a fair tax where before there was very often, because of avoidance or evasion, no tax at all, and, to lessen any possible adverse effects of the tax on farming, on industry, on fishing, on tourism and on property generally used in providing employment in the State, they are providing special reliefs above and beyond the thresholds that I mentioned earlier.
To that relatively few and fortunate number who have sufficient property to be liable to pay the wealth tax, let me assure them for the umpteenth time of my own and of the Government's genuine and sincere commitment to maintain the equity and fairness of the tax by regular monitoring and review not alone of the thresholds to take account of inflation, which will take place at 3 yearly intervals, but also of the other aspects of the tax.
Senators have already been supplied with an explanatory memorandum to the Bill. Therefore briefly, so as not to engage in descriptions and explanations which might more appropriately be left to the Committee Stage, I will now direct attention to the main provisions of the Bill.
Section 2 is the main charging section and levies a tax of 1 per cent on the net market value of the taxable wealth of every assessable person on 5th April, 1975 and every subsequent year. There are three separate assessable persons for the purposes of this Bill, namely an individual, a discretionary trust and a private non-trading company.
Section 3 concerns the taxable wealth of an individual, including the wealth of an individual where this consists of a limited interest or an annuity. Where the individual is domiciled and ordinarily resident in the State all the property to which he is beneficially entitled in possession, whether in this country or abroad, enters into his taxable wealth. In the case of any other individual only his property situate in the State enters into his taxable wealth. An individual who has been resident in the State for 183 days in a year ending on a valuation date, and for a similar period in at least six out of the preceding nine years, will be deemed to be both domiciled and ordinarily resident here and an individual who is, in fact, domiciled and ordinarily resident here on a valuation date will even if he ceases to be domiciled here after that date continue nevertheless to be regarded as domiciled here for the three following valuation dates. These extensions of the concept of domicile are essentially anti-avoidance measures which are considered necessary because of the change made in the original white paper proposal that mere residence or domicile alone would be the test of liability on global wealth.
Section 4 provides for the aggregation of the wealth of a husband and wife and minor unmarried children. There is provision for apportionment of tax between the persons whose wealth has been so aggregated but the total tax bill and the liability of the individual primarily liable is unaffected by any such apportionment.
Section 5 applies the tax to discretionary trusts as defined in section 1. In so far as the taxation of a trust on its property situated in the State and outside the State is concerned, the test of liability follows broadly the same lines as those applied in the case of the individual. World property of the trust is taxable if the settlor is alive and is domiciled and ordinarily resident in the State on the valuation date or on the date of establishment of the trust or, if the trust is created by will, the settlor was domiciled here at the date of his death, or if the principal objects of any trust are domiciled and ordinarily resident in the State on the valuation date.
To cater for cases where the taxation of a discretionary trust as a separate entity might give rise to hardship, the section provides that the trust property may be regarded as the property of the individuals concerned (and thus obtain the benefit of the exemption thresholds in section 13) if the sole objects of the trust are children with or without their parents or, if the trust is solely for the benefit of spouses of a marriage. It will also be available for named persons who, because of age, incapacity or improvidence are incapable of managing their own affairs. As a result of suggestions made during the Committee Stage in the Dáil I have extended this last mentioned provision to leave dis-creation to the Revenue Commissioners to grant this concession for reasons analogous to those I have already indicated.
I might mention, in particular in connection with this section which concerns discretionary trusts, that there is much in this Bill that is novel, that had to be worked out from scratch because there were no easy acceptable precedents which could be followed. Discretionary trusts, as anybody who has had experience of them will be well aware, pose difficulties for the Revenue in the taxation field that admit of no ready solution. As was pointed out in the course of the debate in the Dáil we have in this Bill come up with a solution which attempts to deal fairly with these trusts and which at the same time tries to prevent their continued use as vehicles for tax avoidance or tax deferment.
Section 6 applies the tax to the taxable wealth of certain private non-trading companies. Property of such a company situated outside the State will also be included in its taxable wealth if it is incorporated in the State, has its effective centre of management here or is under the control of an Irish individual, discretionary trust or company. The various expressions used in the section such as "company", and "private non-trading company" are defined and the various ways in which "control" of a private non-trading company can arise for the purposes of the Bill are also set out. Under this section, a foreign controlled company whose income is derived wholly or mainly from real property in the State would be taxable as a private non-trading company. Following representations received after publication of the Bill I have in subsection (3) excluded from the scope of the tax a trading company who due to, say, a bad trading year find that their main income temporarily consists of investment income and I have added a new final subsection clarifying the intention of the section as a whole. Under the amended section, a private non-trading company will not be a taxable entity if they are controlled by:
(i) a trading company whether public or private;
(ii) any public company whether trading or non-trading;
(iii) any private company which is not a private non-trading company.
Section 7 sets out the various items of property which are exempt from the tax. These include a principal private residence and contents including grounds of up to one acre, livestock owned by a farmer, bloodstock, rights to certain superannuation benefits and annuities, funds in certain superannuation schemes, property held for charitable purposes, certain Government securities owned by persons who are neither domiciled nor ordinarily resident in the State, certain objects, including gardens, of national, scientific, historic or artistic interest, trees and underwood and shares in private non-trading companies which are themselves liable to the tax under the previous section.
Section 8 defines the market value of property as the price which it would fetch in the open market. Where the Revenue Commissioners require a valuation of property by a person named by them, they will meet the cost of such valuation.
Section 9 deals with the valuation of shares in a private trading company which are under the control of an assessable person. In such cases the control element is taken into account in valuing the shares. Where there is no element of control the normal market value rule in section 8 will apply to the valuation of the shares.
Sections 10 and 11 provide respectively for the determination of the net market value of productive property and of property generally. Section 10 grants concessions for agricultural property including agricultural machinery in the hands of a genuine farmer; for fishing boats and hotel premises; and for other property used in the provision of employment in the State including stocks and shares in an Irish trading company.
In the case of agricultural property in the hands of a farmer, as defined in the section, and in the case of fishing boats and hotel premises, as also defined, a deduction will be made from the market value of 50 per cent or £100,000 whichever is the lesser in proportion of the debts and incumbrances appropriate to the reduced value of such property will also be deducted.
I might mention here that following reconsideration of the definition of a farmer, as set out in the Bill as initiated, I moved an amendment at Committee Stage in the Dáil to remove the reference to time spent in farming. The section now simply requires an individual to hold 75 per cent of his property in agricultural property if he wishes to qualify for genuine farmer status. Agricultural property within a mile of an urban area and which has an enhanced value because it is likely to be used as sites for houses or factories within the following five years will be restricted to a value equal to its agricultural use value plus 25 per cent.
Productive property—other than agricultural property, fishing boats and hotel bedroom accommodation which benefit from the 50 per cent concession already mentioned—including stocks and shares of a trading company will be allowed a 20 per cent deduction from its market value together with a proportion of the debts and incumbrances appropriate to the reduced value. In response to representations made following publication of the Bill I have by Committee Stage amendment in the Dáil increased the percentage relief for stocks and shares of a hotel company from 20 per cent to 30 per cent.
Section 11 provides that the net market value of all property other than that covered by section 10 is the market value less outstanding debts and incumbrances other than those specifically disallowed. Examples of disallowed debts are : debts not incurred for full consideration and debts incurred in the purchase of property exempt from the tax.
Section 12 provides that values of real property or unquoted shares agreed between the accountable person and the Revenue Commissioners for any one valuation date shall hold good for the next two valuation dates, subject, however, to the right of either party to reopen the value in certain circumstances. This acceptance of values for a three-year period ties in with the stated commitment of the Government to review the exemption thresholds set out in section 13 at three-yearly intervals also.
It is also provided that two years after any assessment, an accountable person may apply to the Revenue Commissioners for a determination of the value of any property on a valuation date and the Commissioners' valuation shall be final, subject, of course, to the appeal provisions provided in sections 23 and 24.
Section 14 indicates the persons who are accountable for the payment of the tax. Some persons will be primarily liable, others will have secondary liability. Those with secondary liability are liable only to the extent of the property they have received on behalf of, or from, the assessable person and they are entitled to be reimbursed by the persons primarily liable.
In response to representations made following publication of the Bill I introduced an amendment at Committee Stage in the Dáil to delete the words "and any other person" from the final subsection of this section lest they be construed as referring to persons who could not legitimately be regarded as being in possession of information relevant to the taxable wealth of an assessable person which might be required by the Revenue Commissioners.
Section 15 requires persons primarily liable to furnish a return within three months of every valuation date, that is, by 5th July each year, in respect of the property of the assessable person. In respect of the year 1975 the appropriate deadline for the furnishing of returns has, by a Committee Stage amendment in the Dáil, been changed to 5th October, 1975. Where an individual is concerned a return will not normally be required if the net market value of his taxable wealth is less than 75 per cent of the appropriate exemption threshold set out in section 13 so that in the case of a married couple, a return need be furnished only if their net taxable wealth is over £75,000.
Section 19 provides that wealth tax due shall be a charge on real property comprised in an assessable person's taxable wealth and on that person's personal property while it remains in his ownership. Where real property that is so charged is sold, the charge lapses after a number of years from the date the tax was due. By Committee Stage amendment in the Dáil, the period of years after which the charge so lapses was changed from 12 to six years. In the case of genuine sales not exceeding £50,000, however, the charge on the property is extinguished as against the purchaser. To prevent avoidance by fragmenting sales, the charge remains if the total of all sales between the same parties in a two-year period exceeds £50,000.
Section 21 is a relieving provision in that it limits to 80 per cent the amount of total income which may be taken in income tax and wealth tax combined. If this 80 per cent ceiling is exceeded, the Revenue Commissioners will pay back the excess of wealth tax subject to 50 per cent of the original wealth tax assessment being retained.
Section 22 provides for repayment of any tax overpaid together with interest of 1½ per cent a month from the date of payment to the date of repayment. These provisions do not apply to tax repaid under the provisions of the previous section. Sections 23 and 24 make provision for appeals in relation to the values of real property and in relation to any other aspect of an assessment respectively.
Section 27 provides penalties for failing to furnish returns, information, evidence and so forth, or for fraudulently or negligently furnishing incorrect information. Section 28 empowers the Government by order to enter into arrangements with the Governments of other States to provide relief from double taxation in respect of wealth tax. The draft of every such order must be approved by Dáil Éireann before being made.
Section 30 brings wealth tax within the ambit of the Provisional Collection of Taxes Act, 1927 which will enable a change in the rate of the tax to be made by a financial resolution of the Dáil. It also places on the Revenue Commissioners the same responsibilities to account for wealth tax as are imposed on them in relation to other taxes. I commend this Bill to the House.