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Tax Code.

Dáil Éireann Debate, Tuesday - 8 February 2005

Tuesday, 8 February 2005

Questions (229, 230)

Seamus Healy

Question:

239 Mr. Healy asked the Minister for Finance if he will introduce amendments to the capital gains tax system to allow a waiver of this tax in cases in which land is compulsorily purchased to provide for new roads and motorway; and if he will make a statement on the matter. [3553/05]

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Written answers

Capital gains tax, CGT, is a tax on a capital gain arising on the disposal of assets. A 20% rate of CGT now applies on the gains arising on the disposal of assets, including land which is the subject of a compulsory purchase order, CPO. This is the lowest rate of CGT in recent history. Where compensation is received for land that is compulsorily acquired, any gains arising from the amount paid for the acquisition of land are chargeable to tax. In other words, if there is a sum paid by an authority for the compulsory acquisition of land, then irrespective of its components, for example, disturbance, injurious affection etc, that total sum will be the amount to be assessed for tax. The CGT due on a disposal of land under a CPO is calculated in the same way as any other disposal of land. The consideration for the disposal will be the sum received for the land. There are no plans to make any changes to the legislation in this regard.

Cecilia Keaveney

Question:

240 Cecilia Keaveney asked the Minister for Finance if homoeopath visits can be claimed under the Med 1 revenue form; if it has to be cleared first by the general practitioners (details supplied); and if he will make a statement on possible changes that may be needed to ensure that such genuine medical expenses can be recouped in the same manner as other equally expensive treatments. [3720/05]

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Tax relief for health expenses is provided for under section 469 of the Taxes Consolidation Act 1997. I am informed by the Revenue Commissioners that under the provisions of the section, relief from income tax may not be claimed for the cost of homoeopathic treatment except in the following limited circumstances: where the homoeopath is a qualified medical practitioner registered in the register established under section 26 of the Medical Practitioners Act 1978, or where an individual is referred to a homoeopath by a qualified medical practitioner for a diagnostic procedure to be carried out. In practice, the number of such claims is likely to be very small.

The question of the recognition of homoeopathic treatment generally is a matter in the first instance for the Minister for Health and Children. I have no plans at present to broaden the scope of section 469 of the Taxes Consolidation Act 1997.

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