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Tax Code

Dáil Éireann Debate, Tuesday - 24 February 2015

Tuesday, 24 February 2015

Questions (249, 250, 251, 252, 253)

Jerry Buttimer

Question:

249. Deputy Jerry Buttimer asked the Minister for Finance the number of persons who applied to the Revenue Commissioners for the artists' exemption scheme since 2005; and if he will make a statement on the matter. [8260/15]

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Jerry Buttimer

Question:

250. Deputy Jerry Buttimer asked the Minister for Finance the number of persons who were granted an exemption by the Revenue Commissioners under the artists' exemption scheme since 2005; and if he will make a statement on the matter. [8261/15]

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Jerry Buttimer

Question:

251. Deputy Jerry Buttimer asked the Minister for Finance the number of persons who appealed a refusal under the artists' exemption scheme to the appeals commissioner, since 2005; and if he will make a statement on the matter. [8262/15]

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Jerry Buttimer

Question:

252. Deputy Jerry Buttimer asked the Minister for Finance the number of appeals under the artists' exemption scheme that were successful since 2005; and if he will make a statement on the matter. [8263/15]

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Jerry Buttimer

Question:

253. Deputy Jerry Buttimer asked the Minister for Finance the number of successful appeals under the artists' exemption scheme which were challenged by the Revenue Commissioners since 2005; and if he will make a statement on the matter. [8264/15]

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Written answers

I propose to take Questions Nos. 249 to 253, inclusive, together.

Section 195 of the Taxes Consolidation Act 1997 (TCA 1997) empowers the Revenue Commissioners to make a determination that certain artistic works are original and creative works generally recognised as having cultural or artistic merit.

The scheme provides that the Revenue Commissioners can make determinations in respect of artistic works in the following categories only:-

1. a book or other writing;

2. a play;

3. a musical composition;

4. a painting or other like picture;

5. a sculpture.

The Revenue Commissioners have provided the following statistics regarding the Artists' Exemption Scheme for the period 2005 to 2014:

 

Number of Applications made to the Revenue Commissioners

Number of cases where the exemption was granted by the Revenue Commissioners

Number of Appeals against refusals by the Revenue Commissioners to grant the exemption

Number of successful Appeals

Number of Challenges to successful Appeals made by the Revenue Commissioners

2005

662

488

3

1

0

2006

654

486

6

4

0

2007

613

418

4

3

1(1)

2008

648

417

2

1

0

2009

534

386

2

1

0

2010

445

389

11

5

0

2011

417

308

11

7

1(2)

2012

385

308

12

3

0

2013

433

301

7

1(3)

0

2014

404

329

4(4)

0

0

Total

5,195

3,830

62

26

2

A determination in respect of a work covers both the original work submitted as well as any future work in the same category, provided that the future work comes within scope of the scheme. However, a fresh application must be made to Revenue in respect of work produced in a different category.

(1) This case was not concluded until 2014;

(2) This case is ongoing;

(3) A decision in a further case has been deferred by the Appeal Commissioner;

(4) These cases have yet to be heard by the Appeal Commissioner.

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