Written Answers Nos. 101-120
101. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs and Trade the percentage of foreign aid supplied by Ireland to beneficiary countries reserved for spending on Irish produce; if he will explore the possibility of benefiting countries spending a certain percentage of the foreign aid from Ireland on Irish produce. [28088/14]
View answerThe Government’s policy for international development, One World One Future, which was launched last year, confirms Ireland’s commitment to maintaining a high quality aid programme, firmly focused on reducing poverty and hunger in least developed countries and ensuring the people of those countries can realise their rights and potential. The policy also reaffirms our commitment to providing “aid that is not conditional on procurement of goods and services from Ireland”. All of Ireland’s aid to developing countries is 100 per cent untied. The principle of untied aid is a core feature of the work to make aid effective, and Ireland’s policy and performance have been recognised internationally, including by the Organisation for Economic Co-operation and Development. Development assistance is most effective when it supports the objectives that people, communities and Governments set themselves as priorities for national development and the fight to end poverty and hunger. Delivering development assistance as untied aid to developing countries is the best way to ensure that poor countries gain control over their own destiny and that all development resources, both external and internal, can be used coherently and provide the best value for money. Evidence has shown that the “tying” of aid can increase the costs of development projects by as much as 15-30%.
While the Government remains committed to ensuring that Ireland’s official aid is fully untied, we are determined to explore synergies between our aid programme and sectors where Irish companies have particular expertise or comparative advantage. Irish companies can, of course, bid on Irish Aid funded projects as part of international competitive bidding processes. Through our Embassies in our partner countries, we work to identify areas where co-operation between Irish Aid and Irish industry can yield benefits for our development partners. This approach is central to my Department’s Africa Strategy which seeks to expand our ties with African countries, developing relationships that include strengthened trade, investment, and people-to-people links.
102. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will outline the most recent discussions at the European Union Foreign Affairs Council with regard to the Ukrainian crisis; and if he will make a statement on the matter. [28230/14]
View answerThe crisis in Ukraine was a major focus of discussions at the EU Foreign Affairs Council (FAC) last week, which I attended. Ministers were briefed on the current situation by the new Minister for Foreign Affairs of Ukraine, Pavel Klimkin, who presented his President’s peace plan and called for our support. In our conclusions, we welcomed the plan as a major chance for de-escalation and commended President Poroshenko’s determined actions towards peace and stability in Ukraine since his inauguration. We also called on the Russian Federation to support the peace plan and adopt effective measures to stop the continued flow of illegal fighters, arms and equipment over the border into Ukraine. We encouraged the Ukrainian authorities to continue their reform efforts, including as regards constitutional and decentralisation reforms, the rights of persons belonging to national minorities, the reform of the judiciary, fight against corruption and improving the business climate.
The Council conclusions also reaffirmed the EU’s strong condemnation of the illegal annexation of Crimea and Sevastopol. The FAC decided to prohibit the import into the EU of goods originating from Crimea or Sevastopol with the exception of those with a certificate of origin issued by the Government of Ukraine. The Council called on the European External Action Service and the Commission to continue to monitor the situation, and to present further measures, as necessary. We also urged UN member states to consider similar measures, in line with UN General Assembly Resolution 68/262 of 27 March 2014 concerning the territorial integrity of Ukraine.
Importantly, the Council conclusions also re-affirmed the EU’s support for the work of the OSCE's Special Monitoring Mission and agreed to establish a CSDP mission to assist Ukraine in the field of civilian security sector reform, including policing and the rule of law. I welcome these positive developments.
The Council expressed its regret that talks, facilitated by the European Commission, relating to the supply of gas from the Russian Federation to Ukraine have so far been inconclusive and urged both sides to reach an agreement as soon as possible.
On possible further sanctions, the Council recalled that the Commission, European External Action Service and the Member States have been undertaking preparatory work on possible targeted measures so that further steps can be taken should events in Eastern Ukraine so require.
Since the FAC, the Association Agreement with Ukraine was signed on 27 June on the margins of the European Council, representing an important symbol of the EU’s continued commitment and support, and providing further impetus to political and economic reform efforts. President Poroshenko signed on behalf of Ukraine and shared his assessment of the prospects for a lasting settlement with the Taoiseach and other EU leaders.
103. Deputy Mick Wallace asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the potential participation of the British royal family in the centenary commemoration of the 1916 Easter Rising; and if he will make a statement on the matter. [24465/14]
View answerThe centenary of the Rising in 2016 will be the centre-piece of the Government’s decade of commemorations programme. The format and programme for the 2016 commemoration in Dublin is still under consideration. In September 2013, in my speech to the British-Irish Association, I noted a responsibility to be attentive and respectful of all traditions on this island in our approach to the decade of commemorations. In that spirit of inclusion, I expressed the hope that the Government would host representatives of the British Royal Family and the British Government, along with leaders of Irish unionism, in Dublin to mark the centenary of the Easter Rising. The commemoration will be a unique opportunity to promote Ireland internationally. In that context, the attendance of Ireland’s international partners, including representatives from Britain, will be considered in the coming period.
104. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the proposals, if any, he has outlined at the EU Foreign Affairs Council meetings regarding the urgent need for the European Union to play a more active role to assist in confronting the obstacles impeding a negotiated, two-state solution in relation to Israel-Palestine; and if he will make a statement on the matter. [28452/14]
View answer106. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade the proposals he has outlined at EU Foreign Affairs Council meetings regarding the need for an adequate programme of labelling of products due to Israel's continued expansion of settlements; and if he will make a statement on the matter. [28477/14]
View answer107. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if there have been discussions at EU Foreign Affairs Council meetings regarding the need for Israel to desist from its continued expansion of settlements; and if he will make a statement on the matter. [28478/14]
View answer108. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs and Trade if he will raise at the forthcoming EU Foreign Affairs Council meeting the urgent need for an early resumption of negotiations pertaining to the Middle East peace process in view of the deteriorating situation in that region; and if he will make a statement on the matter. [28480/14]
View answerI propose to take Questions Nos. 104 and 106 to 108, inclusive, together.
Direct negotiations between the parties were suspended at the end of April, and there is no immediate prospect of the talks being resumed. The essential issues behind the breakdown were the profound lack of trust between the two sides, insufficient political commitment, particularly by the Israeli Government, to reaching an agreement, and the continued and indeed accelerated expansion of Israeli settlements on Palestinian territory throughout the period of the negotiations.
These are of course not new problems, and we have discussed them many times here in the Oireachtas, and indeed in the EU at the Foreign Affairs Council.
I have called for a substantial review by the EU of its policies and levers on the Middle East issue, and I hope this will begin at the July Foreign Affairs Council. Such a review is clearly critical if we are to maintain the prospect of a viable, two-State solution.
The EU should of course continue to give what support and encouragement it can to a resumption of negotiations, which are the only way to reach a solution. But negotiations for their own sake are of no use, there must be a real commitment to find agreement on the core issues and to make the difficult compromises that inevitably will be involved.
In my view, the EU should therefore use the influence and leverage at its disposal to give effect to its disapproval of various negative aspects of Israel’s continued occupation and policies on the ground, and above all the relentless expansion of settlements. This would build on existing measures such as the non-eligibility of settlement goods for lower tariffs, and the exclusion of settlements from EU research funding.
One element of that leverage should be the issuing of EU guidelines on labelling of settlement goods. This has been promised at EU level, but was left to one side for the moment while the talks were in progress, for fear of damaging the political atmosphere. We should now look again at moving ahead with publishing such guidelines, along the lines already followed by some Member States. If they remain stalled at EU level, I have already stated that we will be prepared instead to issue national guidelines.
105. Deputy John McGuinness asked the Tánaiste and Minister for Foreign Affairs and Trade the reason a passport has not been issued to a person (details supplied) in County Kilkenny in view of the fact that the person has a certificate of naturalisation dated 2012; the reason documents accepted by the Department of Justice and Equality are now being questioned by the passport section. [28464/14]
View answerAll passport applications are subject to the provision of the Passports Act, 2008 (the Act). The issue of a passport is, therefore, the culmination of an important and legally-binding process. The checks and balances within the passport process embrace the standard principles that are provided for in the Act and help to ensure that the person in question is an Irish citizen and that the identity of the applicant is known. This serves to maintain the worldwide good reputation and integrity of the Irish passport, which, in turn, ensures the safe travel and wellbeing of Irish citizens, as they travel abroad. Moreover, it helps to combat passport and identity fraud. The Act underpins a long-standing passport policy in regard to the use of verifiable civil documents such civil birth certificates for first-time applicants. These documents confirm the details of a person’s birth name, date and place of birth, all of which are critical components of a person’s identity. The Passport Service received an application from the person in question on 20/06/2012. As part of the standard examination processes, the birth certificate supplied by the applicant was found not to be authentic. The applicant subsequently produced another birth certificate which has also been confirmed as not a genuine document. In the circumstances the Passport Service could not be satisfied as to the identity of the applicant and as a result, the application for an Irish passport could not be approved. The matter has been referred to the Department of Justice and Equality.
The Passport Service is not questioning the procedures regarding the issuing of naturalisation certificates by the Department of Justice and Law Reform. Rather, the Passport Service is following the requirements of the Passport Act 2008 to verify the identity of the applicant i.e. that the person who has submitted the application is who they claim to be. This is the same process followed for all first time applicants e.g. the presentation of an Irish birth certificate alone as obtained from the General Register Office is not acceptable without other forms of identity documents. These are normal processes and are in place for the purposes of mitigating the risk not only of potential passport fraud, but also to protect against attempts at identity theft.
109. Deputy Stephen S. Donnelly asked the Minister for Finance on the two-year anniversary of the Eurogroup summit which resulted in a communiqué which promised the Eurogroup would examine the situation of the Irish financial sector with the view of further improving the sustainability of the well performing adjustment programme and which prompted An Tánaiste to claim a game changing benefit to Ireland's bank debt burden; if he will outline the role Europe has played in delivering tangible achievements in the past two years in reducing Ireland's bank debt burden; and if he will make a statement on the matter. [28074/14]
View answer125. Deputy Stephen S. Donnelly asked the Minister for Finance further to the summit of European leaders in Brussels on 28 June 2012 which concluded with a summit communiqué which included a statement the Eurogroup would examine the situation of the Irish financial sector with the view of further improving the sustainability of the well performing adjustment programme and further to An Tánaiste's characterisation of that summit’s conclusions as game changing, the concessions made by his colleagues in Europe in the past two years which have reduced the burden of national debt incurred by the State in saving its banks; and if he will make a statement on the matter. [28070/14]
View answerI propose to take Questions Nos. 109 and 125 together.
The Euro-area Heads of State or Government (HoSG) agreed in June 2012 that "it is imperative to break the vicious circle between banks and sovereigns", and that when a Single Supervisory Mechanism, involving the ECB, is in place and operational, the European Stability Mechanism could recapitalise banks directly. It also agreed that the Eurogroup would examine the situation of the Irish financial sector with a view to further improving the sustainability of the well-performing adjustment programme.
Since June 2012, we have successfully negotiated the Promissory Notes transaction; a further extension of maturities on our EFSF and EFSM loans; and the inclusion of a provision for retroactive recapitalisation on a case by case basis in the operational framework of the ESM direct recapitalisation instrument.
In February 2013, the Irish Government replaced the Promissory Notes issued to IBRC with a series of longer term, non-amortising floating rate Government bonds. This has resulted in significant benefits to the State, including spreading the cost of the Promissory Notes from a weighted average life of c.7-8 years to c.34-35 years at a lower funding cost for the State, resulting in significant annual interest savings.
In April 2013, EU Finance Ministers agreed in principle to further extend the maximum weighted average maturities on our EFSF and EFSM loans by up to 7 years, over and above the extension agreed in 2011. This further maturity extension removes a refinancing requirement of some €20 billion for the Irish State in the years 2015 to 2022. This extension of maturities has a number of significant benefits for Ireland, including smoothing our redemption profile, improving long term debt sustainability. It also has a positive impact on the cost of Exchequer borrowing by creating further downward pressure on our borrowing costs.
There has also been progress on the ESM Direct Recapitalisation Instrument (DRI). The Eurogroup meeting on 20th June 2013 agreed on the main features of the DRI. There is a specific provision included in those main features, which states that "The potential retroactive application of the instrument should be decided on a case-by-case basis and by mutual agreement." Therefore, the agreement, that we were active in negotiating, keeps open the possibility to apply to the European Stability Mechanism for a retrospective direct recapitalisation of the Irish banks, should we wish to avail of it.
On 10 June 2014 the euro area Member States reached a preliminary agreement on the European Stability Mechanism's (ESM) direct recapitalisation instrument (DRI). This now requires a decision by mutual agreement of the ESM Board of Governors to create a new ESM instrument in accordance with Article 19 of the ESM treaty and the aim is to have this process completed by November this year. This would allow the ESM DRI to come into effect once the Single Supervisory Mechanism is in place and operational which is expected to be in November of this year.
All of these actions are tangible achievements which reduce the burden of Ireland's national debt.
110. Deputy Catherine Murphy asked the Minister for Finance the way disputes over who a primary care giver and which parent is awarded the single parent child carer tax credit are determined; if policy is being refined in this area; and if he will make a statement on the matter. [28283/14]
View answer111. Deputy Catherine Murphy asked the Minister for Finance if she has undertaken any impact analysis of the change from one-parent family tax credit with a single parent child carer tax credit; if she will commit to examining the possibility of a joint parenting agreement to allow both parents to adequately support their children; and if he will make a statement on the matter. [28284/14]
View answerI propose to take Questions Nos. 110 and 111 together.
As you are aware the One-Parent Family Tax Credit (OPFTC) has been replaced with a new Single Person Child Carer Credit from 1 January 2014. The restructured credit is of the same value i.e. €1,650 per annum as the one-parent family tax credit and also includes the same entitlement to the additional €4,000 extended standard rate band, which increases it to €36,800 per annum, before liability to the higher rate of income tax arises. However, the credit is more targeted in that it is, in the first instance, only available to the principal carer of the child. A system that allows multiple claims in respect of the same child or children is unsustainable.
The new credit is designed to be an activation measure, which was the original intention behind the OPFTC. It is designed to be an in-work benefit to support the primary carer to take up, or remain in, employment. It should not be considered as a supplementary source of income, on which the financial support of a parent depends.
The Commission on Taxation acknowledged that the OPFTC played a role in supporting and incentivising the labour market participation of single and widowed parents. However, in its recommendations it concluded that the credit should be retained but that it should be allocated to the principal carer only. The restructuring of the credit will achieve such an outcome.
The person who receives the child benefit payment is being used as the initial indicator by the Revenue Commissioners to identify the individuals who are likely to qualify for the new credit. However, the credit will in the first place go to the person who cares for the child for most of the year. Agreement as to who will be the principal carer of a child is a matter for the parents or guardians.
You appear to be suggesting that the credit could be jointly shared between the parents. The Revenue Commissioners have informed me that this would prove to be administratively very difficult to implement even where there is agreement among the parents, which is not often the case. In addition, as income and tax arrangements are prone to change it would require that the issue be revisited on at least an annual basis to ensure the correct tax treatment is being apportioned to each party. While a 50/50 split may suit some taxpayers it would not suit others and determining the exact split for a large number of taxpayers would place an unacceptable administrative burden on the Revenue Commissioners. However, as a result of an amendment that I brought to the measure at Committee Stage, the current legislation allows the parents to agree among themselves to each claim the credit on alternate years provided they meet the qualifying criteria.
It is essential to regularly review all tax reliefs, credits and incentives in order to ensure that they are properly targeted and if necessary refocused in order that they can achieve the socio-economic objectives that are set for them. While I understand the difficulties being experienced by those that have lost the OPFTC and who have not qualified for the new SPCCC, I am satisfied that the new credit targets limited Exchequer resources to where they are needed most.
112. Deputy Seán Kyne asked the Minister for Finance if consideration will be given to creating a scheme to provide bridging loans to persons, such as persons with grown up children, who no longer require houses of larger sizes and who would like to trade down but face difficulties to secure the necessary finance due to financial institutions' reluctance to lend to this age group, and in consideration of how such a scheme could improve the housing stock available. [28507/14]
View answerThe provision of credit is governed by legislation including, the Consumer Credit Act 1995 and the European Communities (Consumer Credit Agreements) Regulations 2010. In addition, Regulated Financial Service Providers must comply with the Consumer Protection Code 2012 when offering, recommending, arranging or providing regulated activities, including mortgages and loans, to consumers.
The decision on the approval of a loan for a borrower must remain a commercial decision for the lending institution concerned and as Minister for Finance, I have no role in that matter. It is important that each lending institution is allowed to assess properly and independently the risks that it is considering when deciding to approve a loan.
However, chapter 5 of the Consumer Protection Code 2012 requires lenders to undertake, in particular, a 'Knowing the Consumer' and a 'Suitability and Affordability' assessment before offering, recommending, arranging or providing credit to a consumer. As part of such an assessment, lenders are obliged to take into consideration the consumer's age, known future changes to his/her circumstances, income, savings, debts and financial commitments. This legislation allows for lending institutions to offer bridging finance, as appropriate.
I have been informed by the IBF that demand for bridging finance is very limited. I understand that two lender banks have confirmed to the IBF that they offer bridging finance. These banks that offer bridging finance report that it will be considered on a case-by-case basis. It may be offered only where there is a binding and unconditional contract in place for the sale of the existing property. The bank may also require a letter of undertaking from the customer's solicitor. The customer must demonstrate repayment capacity for the bridging loan.
113. Deputy Damien English asked the Minister for Finance the number of appeals to the Financial Services Ombudsman in the past three years relating to lenders not complying fully or partially with the various statutory codes regarding borrowing by private and business persons; the number of such appeals that were either successful or unsuccessful; the number of such appeals currently awaiting a decision; and if he will make a statement on the matter. [27815/14]
View answerFirstly, I must point out that the Financial Services Ombudsman is independent in the carrying out of his duties. I have no role in the day to day workings of the office or in the decision which he takes.
I have been advised by the Office of the Financial Services Ombudsman that it does not categorise complaints under the heading of lenders not complying fully or partially with the various statutory codes regarding borrowing by private and business persons.
However, the Office has informed me that, in the last three years, the Financial Services Ombudsman Bureau has received 1,005 new complaints in relation to lending. Findings issued in the same period were as follows:-
|
FINDINGS |
NUMBER OF APPEALS |
|
Upheld |
45 |
|
Partly Upheld |
74 |
|
Not Upheld |
262 |
114. Deputy Noel Grealish asked the Minister for Finance further to Parliamentary Question No. 117 of 30 April 2014, if he has received the additional information regarding indemnity bonds which the State supported banks were asked to provide; and if he will make a statement on the matter. [27816/14]
View answerFurther to my previous answer on 30 April last, my Department has consulted the State supported banks. In response, the two pillar banks, AIB and Bank of Ireland, have both advised that they currently do not have such a scheme in place in either their PDH or BTL portfolios in the State. Permanent TSB has advised that it has in place limited bond arrangements in relation to certain qualifying mortgage loans for PDH and BTL properties issued prior to July 2007.
PTSB has also informed me that in order to make a claim, the bank must fully comply with the following:
- Follow the arrears procedure agreed at the time of underwriting with the insurer (although certain deviations are permissible if agreed with the insurer);
- If the loan value cannot be recovered, the bank must realise the loss (repossession); and,
- The claim must be submitted within a specified period of the origination date (c.10 years). Claims are subject to a Claim Audit process by the insurer.
PTSB has advised that while it has made a small number of claims on this insurance, no proceeds have been received to date. The bank does not anticipate that the receipt of indemnity bonding claim amounts, if any, will materially change the Group's loss outcome.
115. Deputy Michael McGrath asked the Minister for Finance the reason persons appealing a refusal under the disabled drivers and disabled passengers scheme have to travel to Dún Laoghaire; if he will review the situation; and if he will make a statement on the matter. [27855/14]
View answerAs the Deputy is aware, a Primary Medical Certificate is required to claim the tax reliefs provided under the Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme. The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria to receive a Primary Medical Certificate. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual.
Hearings of the Disabled Drivers Medical Board of Appeal are held on average twice a month at the National Rehabilitation Hospital in Dún Laoghaire, which has the facilities to cater for people with mobility impairing disabilities of the kind provided for under the Disabled Drivers and Disabled Passengers Scheme.
The Medical Board of Appeal does hold regional clinics as demand arises. Regional clinics were held in June 2012 and August 2013 at the Mercy University Hospital in Cork City, and a further clinic will be held at Mercy University Hospital in October 2014. The Medical Board of Appeal is considering holding a clinic in the North-west next year if there is enough demand to justify the significant costs associated with the travel and locum expenses arising from holding a regional clinic.
116. Deputy Finian McGrath asked the Minister for Finance the number of persons making tax returns based on being taxi drivers; the number of taxi drivers paying tax and making a living solely on this profession; and if he will make a statement on the matter. [27861/14]
View answerI am informed by the Revenue Commissioners that the latest relevant sector based information available on individuals in the taxi industry is derived from Income Tax returns filed for the tax year 2012. These figures are available for self-employed taxpayers only.
On this basis, there are approximately 17,500 individuals in the taxi industry that made returns for tax purposes for the tax year 2012. Of these, around 8,200 had a liability for tax.
I am informed by the Revenue Commissioners that it is not possible to identify from their records, the number of taxi drivers making a living solely on this profession.
I am further advised by the Commissioners that the sector marker used on their records to identify tax drivers is "taxi operation and also includes renting of private cars with driver". This is derived based on "NACE code (Rev. 2)", an internationally recognised economic activity code system. NACE code classifications on tax records are compiled by reference to the primary area of economic activity reported by the taxpayer and taxes collected are allocated to these codes without reference to the precise activity that generates them. While the accuracy of the NACE codes on Revenue records is sufficient to underpin broad sector based analysis, there may be inaccuracies at individual level. This should be borne in mind when considering the information provided above. NACE codes are not essential for the assessment and collection of taxes and duties and the allocation and maintenance of these codes is subject to available resources.
117. Deputy Pearse Doherty asked the Minister for Finance his plans to establish a national register of the beneficial owners of companies, trusts and foundations here, that will require the names, dates of birth, nationality or jurisdiction of incorporation, contact details, number of shares, categories of shares including the nature of the associated voting rights and proportion of shareholding or control, if applicable, of the beneficial owners of companies; and his plans that such information be publicly available at no cost, and in what format. [27917/14]
View answer118. Deputy Pearse Doherty asked the Minister for Finance if he will progress a register of the beneficial owners of companies, trusts and foundations here, that will require the names, dates of birth, nationality or jurisdiction of incorporation, contact details, number of shares, categories of shares including the nature of the associated voting rights and proportion of shareholding or control before the EU acts by consensus to do so. [27918/14]
View answerI propose to take Questions Nos. 117 and 118 together.
The requirement to obtain and hold information on beneficial ownership stems from the provisions of the proposed 4th Anti-Money Laundering Directive which seeks to update the 3rd Directive to take account of the February 2012 revision of the international standards for anti-money requirements and the recommendations of the Financial Action Task Force (FATF). A general council agreement was reached on this file on 18 June 2014 giving Council a mandate to commence negotiations with the European Parliament.
The proposed 4th Anti-Money Laundering Directive covers a number of policy areas which come under the responsibility of a range of Departments and Offices. Arising from consultation with the relevant Departments and Offices, Ireland's position in the negotiations has been to support the view that beneficial ownership should be known. Under the current text Member States will be required to ensure the beneficial ownership information on corporate and other legal entities, and trusts is held in a specified location so that it can be accessed in a timely manner. In fact there are already provisions in place which allow for enforcement authorities and other shareholders to identify beneficial owners of companies when required. Furthermore trusts are subject to robust reporting requirements under current taxation and anti-money laundering legislation.
The new Directive will inter alia require amendment of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and we await final agreement of the specific provisions in the text with the European Parliament before commencing with the cross-Departmental transposition work.
119. Deputy Pearse Doherty asked the Minister for Finance the capital gains tax payable here by Wilbur Ross following his selling of shares at Bank of Ireland. [27981/14]
View answerI am informed by the Revenue Commissioners that whether or not a capital gains tax charge arises in the State on a gain made by any individual on the disposal of Bank of Ireland shares depends on whether the individual making the disposal is resident or ordinarily resident in the State in the year in which the disposal takes place. If the individual is resident or ordinarily resident in the State any chargeable gain, calculated in accordance with the Taxes Consolidation Act 1997, would be subject to capital gains tax at a rate of 33%. If the individual is neither resident nor ordinarily resident in the State capital gains tax would not be due on the disposal.
You will be aware that the Revenue Commissioners do not disclose information in relation to the tax affairs of any person.
120. Deputy Micheál Martin asked the Minister for Finance the rules in place relating to VAT on charitable donations made by text message (details supplied); and if he will make a statement on the matter. [28039/14]
View answerI am advised by the Revenue Commissioners that charitable donations made by text message, excluding any fees charged by the telecommunications provider or other service provider, are outside the scope of Irish VAT. Any fees charged by the telecommunications service providers in connection with the facilitation of donations are liable to VAT at the standard rate of 23%.
The VAT treatment of charitable donations made by text message is set out in Revenue's eBrief 29/11 which is available at http://www.revenue.ie/en/practitioner/ebrief/archive/2011/no-292011.html.
