I propose to take Questions Nos. 214 and 215 together.
I am advised by the Revenue Commissioners that according to Local Property Tax (LPT) statistics recently published on their website: http://www.revenue.ie/en/tax/lpt/lpt-stats-0414.pdf, the exemption under section 10B of the Finance (Local Property Tax) Act 2012 (as amended) was claimed in respect of about 1,700 residential properties. Section 10B provides that an exemption from the charge to LPT may apply to a residential property purchased, built or adapted to make it suitable for occupation by a permanently and totally incapacitated individual as their sole or main residence, where an award has been made by the Personal Injuries Assessment Board or a court, or where a trust has been established, specifically for the benefit of such individuals. In the case of adaptations to a property, the exemption only applies where the cost of the adaptations exceeds 25% of the market value of the property before it is adapted.
Regarding Question No. 215 (21459/14), a permanently and totally incapacitated person who did not benefit from a court or Injuries Board award or a public trust fund would not have been entitled to the exemption contained in section 10B of the LPT Act.
Following representations and a review of the exemption by Revenue, I announced on 2 May that I intend bringing forward legislation and to remove the requirement that a permanent and totally incapacitated person must benefit from a Court or Injuries Board or a public trust fund, to qualify for the exemption.
My officials have written to the Chairman of the Revenue Commissioners advising her of my intention to retrospectively amend the legislation. In view of my intention to bring forward legislation the Chairman has advised me that Revenue will apply the exemption in line with the proposed revised legislation, and will shortly publish revised guidelines on the Revenue website.
