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Tuesday, 12 Jul 2016

Written Answers Nos. 206-217

NAMA Property Sales

Questions (206)

Donnchadh Ó Laoghaire

Question:

206. Deputy Donnchadh Ó Laoghaire asked the Minister for Finance if there is provision for the National Asset Management Agency to facilitate the sale of a property, a loan for which is within its responsibility, to a community organisation or for a purpose of benefit to the community for a lesser value than it might be sold on a commercial basis; if he plans to do so, to outline any similar community gain element to the agency's operations and any forthcoming plans; and if he will make a statement on the matter. [21021/16]

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Written answers

Section 10 of the NAMA Act requires NAMA to obtain the best financial return for the State from the sale of loans and the sale of properties that secure its loans.  Consistent with this mandate, NAMA has demonstrated its commitment and contribution to the achievement of wider social and economic policy objectives by giving first option to public bodies on the purchase of property which may be suitable for demonstrable public purposes and by facilitating engagement between interested parties, including community and sporting organisations, and its debtors and receivers in respect of land and property. 

All transactions, whether they arise from NAMA's policy of affording public bodies first option on the purchase of property or through its facilitation of engagement between interested parties and its debtors and receivers, must be at market value.  I am advised by NAMA that, in the case of transactions with public bodies, sales are progressed on the basis of independently assessed market value.  Transactions more generally are conducted on the basis of open market sales processes.

As an example of its engagement with public bodies, NAMA has to date made over 6,500 residential units controlled by its debtors and receivers available for social housing.  I am advised by NAMA that Local authorities, working through the Housing Agency, have confirmed demand for approximately 2,500 of the 6,500 properties made available by NAMA.  Over 2,100 of these 2,500 properties have already been delivered for social housing.  To put this contribution in context, the properties delivered by NAMA  through its debtors and receivers for social housing equate to more than one-third of total Part V social housing provision between the years 2002 and 2011 when over 500,000 private housing units were built in Ireland.

NAMA also facilitates the sale of land and properties to public bodies for the provision of schools, health care facilities and other public uses. For example, there has been continuous engagement between NAMA and the Department of Education and Skills in respect of potential school sites in areas of high demand.  I am advised that, as a result of this engagement, over 25 potential sites for schools have been identified by NAMA to date and are being progressed for sale with the relevant parties. I am further advised by NAMA that the sale processes in such instances are in line with NAMA's derogation from open marketing, as outlined above.

NAMA also works with IDA Ireland to facilitate significant property transactions that might not otherwise have taken place by offering structured engagement between its debtors and receivers and potential new investors.  In this regard, NAMA has facilitated commercial transactions involving, amongst others, Facebook, Linkedin, Google, Eli Lilly, Kerry Group, Novartis, Amazon, BskyB, AdRoll, Airbnb, Bristol Myers Squibb, Yahoo and Scottish and Southern Energy (SSE).  NAMA's work in this area is extremely important in terms of facilitating businesses wishing to establish or expand operations in Ireland.

Where community groups have an interest in land or property that may secure NAMA's loans they should make direct contact with the owners of that land or property, where ownership is known.  Alternatively they can make their interest known to NAMA and, while noting that NAMA is prohibited by its legislation and by the normal rules of banking confidentiality from disclosing the identity of debtors or details of their properties, the Agency will ensure that the relevant debtor or receiver is aware of the interest and will encourage them to engage with the potential purchasers. 

NAMA has published an information guide, which is available on its website, https://www.nama.ie/fileadmin/user_upload/2877_About_NAMA_A4_Brochure_FINAL.pdf  for community organisations and others who may have an interest in properties controlled by NAMA debtors and receivers.

Tax Clearance Certificates

Questions (207)

Thomas Byrne

Question:

207. Deputy Thomas Byrne asked the Minister for Finance why a person (details supplied) has not been granted a tax clearance certificate. [21115/16]

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Written answers

In regard to the case referred to by the Deputy, I am advised by Revenue that the person in question previously held a tax clearance certificate for the purposes of operating a small public service vehicle but has not yet applied to renew  it. If the person intends operating on either a self-employed basis or as an employee he should contact his local tax office to ensure he is properly registered for tax purposes before applying for tax clearance through the eTC system. The person should also ensure he is registered for ROS or myAccount to facilitate the application process.

Section 95 of the 2014 Finance Act requires that all tax clearance certification must be provided via an electronic ('e') environment with effect from 1 January 2016. The only exceptions in this regard relate to taxpayers who are not e-enabled for whatever reason, for example no technology access or an infirmity. The new system (eTC) can be accessed via ROS for business customers or via MyAccount for PAYE and non-ROS customers.

If the person requires any advice or assistance in completing the eTC application process he should contact the Collector-General's Helpline at 1890 203070.

Question No. 208 answered with Question No. 198.

Company Registration

Questions (209)

Michael McGrath

Question:

209. Deputy Michael McGrath asked the Minister for Finance if the Revenue Commissioners have a record of the number of companies registered in the Isle of Man by Irish persons or where Irish persons are directors; and if he will make a statement on the matter. [21232/16]

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Written answers

I am advised by Revenue that they do not have the information requested by the Deputy.

Revenue Commissioners Powers

Questions (210)

Michael McGrath

Question:

210. Deputy Michael McGrath asked the Minister for Finance if he is satisfied the Revenue Commissioners have adequate powers and resources to tackle tax evasion and aggressive tax avoidance schemes involving offshore companies and accounts; and if he will make a statement on the matter. [21233/16]

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Written answers

The powers assigned to Revenue by the Oireachtas cover a very broad range of situations and circumstances and they have evolved over the years to reflect the ever-increasing complexity of tax law and the commercial environment; changes in Revenue administration; perceived weaknesses in the tax system; and international developments.

These powers and sanctions are designed to assist the State in collecting its due taxes in the right amount and at the right time and to provide Revenue with the necessary tools to counter evasion and avoidance, wherever it arises, be it onshore or offshore.

As regards offshore avoidance and evasion, I am advised by the Revenue Commissioners that Revenue has been to the forefront in acting against the use of offshore accounts, trusts and structures to evade tax liabilities and Revenue's approach has set the model for much of the work undertaken by other tax administrations in this area.

Revenue's investigations in that regard, have to date resulted in the recovery of €2.8 billion in tax, interest and penalties. Of this sum, Revenue's Offshore Assets Group, whose remit is to investigate the use of offshore accounts to evade or avoid tax, accounts for €1,022m of that sum.  The Group has, in the course of its work, made extensive use of the suite of powers available to Revenue. Use was made, in particular, of information on offshore transactions obtained from financial institutions on foot of orders granted by the High Court pursuant to section 908 of the Taxes Consolidation Act 1997.

While historically, Revenue's efforts in this space were set against a backdrop of bank secrecy and lack of exchange of information between tax administrations, the international climate over the past decade has changed and continues to change fundamentally. Legislation has been enacted enabling a number of key initiatives for the sharing of information with overseas tax administrations. These include the OECD's Common Reporting Standard, involving over 100 jurisdictions; the EU's Directives on Administrative Cooperation; and the US Foreign Account Tax Compliance Act (FATCA) initiative.

Most recently, revelations in early April 2016 by way of a set of leaked documents to the media from the files of the Panamanian-based law firm Mossack Fonseca have provided an unprecedented amount of information which has again focussed worldwide debate on offshore structures and how countries are going to respond. In that regard, Revenue is actively engaging with the OECD Joint International Taskforce on Shared Intelligence and Collaboration (JITSIC) Network to agree concrete actions that tax administrations can take in response to this information.

While effective cooperation between countries - as reflected in the offshore financial information that the various Automatic Exchange of Information agreements will provide - is essential in tackling this worldwide problem, it is both necessary and desirable that domestic legislation governing Revenue powers is kept under constant review to ensure that it continues to be fit for purpose. In that regard, any recommendations from Revenue for increased powers are carefully considered.  As indicated in my response to Parliamentary Question 10831/16 of 18 May 2016 discussions are ongoing between my officials and those in Revenue in relation to Revenue powers in the context of the next Finance Bill.

I have also indicated to the Chairman of Revenue that I am committed to supporting any new legislative changes that he feels are needed to tackle tax evasion using offshore structures or accounts.

Fiscal Compact Treaty

Questions (211)

Willie Penrose

Question:

211. Deputy Willie Penrose asked the Minister for Finance if he is reviewing the impact of the fiscal compact rules which curtail and delimit necessary capital investments and which have serious consequences in the context of the fallout of the British decision to exit the European Union; if he will ensure that such rules are amended in the context of this new scenario; and if he will make a statement on the matter. [21244/16]

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Written answers

The budgetary and debt rules contained in the Fiscal Compact arise from the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union. These fiscal rules, which are aligned with the Stability and Growth Pact (SGP), are intended to promote budgetary discipline and were given domestic legal effect through the Fiscal Responsibility Act 2012 following the passage of a constitutional referendum in May 2012 in which the Irish people supported accession to the Treaty.

As the Deputy will be aware, this Treaty was agreed following complex negotiations and it has been ratified by 26 countries in accordance with their own constitutional requirements. Accordingly, any attempt to renegotiate the Treaty would be very difficult. As referred to above, the fiscal rules in the Treaty are aligned with the Stability and Growth Pact (SGP), which has direct application through a number of EU regulations. Changes to these regulations would have to follow the normal EU approach starting with a proposal from the Commission before consideration by Member States and the European Parliament.

It should be noted that the SGP fiscal rules provide for certain flexibilities particularly with a view  to encouraging public investment.  Specifically the rules allow for certain leniency with regard to the pace of required structural  budgetary adjustment if spending on  capital investment can be shown to qualify for either the investment clause  or the structural reform clause. Both of these provisions are subject to strict conditions which Ireland has not been eligible to utilise to date but, this is kept under review.  In addition, in the context of the expenditure benchmark for instance, to avoid penalising Gross Fixed Capital Formation (GFCF) expenditure increases, such investment is averaged over a four year period under the expenditure benchmark.  This means that an increase in GFCF only uses one quarter of the fiscal space that an equivalent current expenditure increase would use in the first year. This treatment contributed to the additional €5.1 billion in cumulative capital expenditure over the 2017 to 2021 period set out in the recently published Summer Economic Statement.

While it is difficult to secure changes to the rules, I must point out that Ireland is constantly exploring how permitted flexibility can be optimised and seeking to improve the implementation of the SGP, specifically on how the Commission implements the fiscal rules. In light of this, a number of proposals from Ireland to improve the application of the fiscal rules have been successfully adopted by the Commission.

Any decision in the future to explore the possibility of using these flexibilities will require a quantitative demonstration of the economic rationale for such a case.  Ultimately the decision to grant flexibility and the determination of eligibility would however be made by the European Commission.  

In the short-term, the recent British decision to exit the European Union is not expected to have a significant impact on our budgetary plans for the forthcoming year. However, looking to the medium term, our macro-economic and fiscal forecasts will be reviewed as part of Budget 2017.

VAT Rebates

Questions (212)

Paul Kehoe

Question:

212. Deputy Paul Kehoe asked the Minister for Finance if a registered charity set up as a company limited by guarantee that is VAT registered and received funding through the 1916 fund is entitled to apply for a VAT refund on the expenditure of the said funds; and if he will make a statement on the matter. [21252/16]

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Written answers

A VAT registered charity, as is the case with all VAT registered persons, can only claim for a refund of VAT on expenses incurred, where those expenses are linked to or are a cost component of supplies of goods or services made by that charity on which the charity is liable to charge Value Added Tax.

There are, however, separate specific reliefs from VAT in certain circumstances and, where appropriate, such reliefs may also be availed of by charities.  Please see attached link for further information: 

http://www.revenue.ie/en/tax/vat/leaflets/charities.html

Deposit Guarantee Scheme

Questions (213)

Clare Daly

Question:

213. Deputy Clare Daly asked the Minister for Finance further to Parliamentary Question No. 115 of 23 June 2016, the timeframe for the appointment of an assessor to determine the aggregate value of the transferred shares from Anglo Irish Bank; and the consequent amount of compensation that may be payable to persons in respect of Anglo Irish Bank shares, particularly those who purchased shares in late 2008. [21267/16]

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Written answers

As I outlined in my response to Parliamentary Question number 115 of 23 June 2016, since the liquidation of IBRC in February 2013, there has been no timeframe set for the appointment of an assessor to independently determine the fair and reasonable aggregate value, if any, of the transferred shares and extinguished rights and the consequent amount of compensation, if any, that may be payable to persons in respect of Anglo Irish Bank shares transferred and rights extinguished under the Act.

Economic Data

Questions (214)

David Cullinane

Question:

214. Deputy David Cullinane asked the Minister for Finance the level to which intellectual property imports and aircraft trade by aircraft leasing companies distort investment and net exports data; and if he will make a statement on the matter. [21338/16]

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Written answers

Subject to the release of the annual 2015 National Income and Expenditure (NIE) accounts on 12 July the latest available data at the time of writing (referenced below) refer to data to the fourth quarter of 2015.

Prior to the release of Q1 2016 Quarterly National Accounts, the CSO published annual but not quarterly data on intangible investment.  It does not publish a disaggregated breakdown of investment in aircraft, whether for leasing or any other purpose.  Further, although it publishes detail on intangible investment overall, the CSO does not publish data on intellectual property investment specifically.

The quarterly data show that gross fixed capital formation (i.e. total investment) for 2015 is estimated at €47.25 billion in current price terms - an increase of €10.7 billion in annual terms. Looking first at the impact of intellectual property assets, currently available Balance of Payments data to the fourth quarter of 2015 show that net imports of Research and Development amounted to some €12.8 billion in 2015, an annual increase of €7 billion, which was largely driven by the on-shoring of intellectual property assets imported throughout the year.   

While disaggregated data for aircraft leasing trade investment to which the Deputy refers are not available from the CSO, it should be noted that all aircraft related investment is entirely GDP-neutral as each unit of increased investment is fully offset by a correspondingly higher level of imports in the year. Monthly trade statistics published by CSO indicate net trade of €4.6 billion for 2015 in 'other transport equipment' (SITC-79) mainly covering aircraft-related trade for all purposes including leasing.

These amounts for aircraft and net R&D imports should be seen in the context of an overall goods and services trade surplus of €44.8 billion in 2015, which was over €10 billion higher than the previous year.

It is important to note that whilst investment in aircraft and imported intellectual property of the nature outlined above is GDP neutral in a given year, they can be expected to give rise to future income inflows.

Finally, as already noted, the annual National Income and Expenditure along with the Balance of Payments data for 2015 are due to be published on 12 July, and may update the figures provided above.

VAT Rebates

Questions (215)

Michael Healy-Rae

Question:

215. Deputy Michael Healy-Rae asked the Minister for Finance the status of a value added tax rebate for a person (details supplied); and if he will make a statement on the matter. [21340/16]

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Written answers

I am advised by Revenue that there is no VAT rebate application with them from the person concerned. I am also advised by Revenue that the flat rate addition paid to milk suppliers who are not VAT registered is paid to the supplier by the business to whom the milk is supplied rather than by Revenue.  In the circumstances, the person concerned should take up this matter with the business to whom the milk is supplied.

Departmental Expenditure

Questions (216)

David Cullinane

Question:

216. Deputy David Cullinane asked the Minister for Finance the cost of agency and or locum staff hired by his Department for each of the years 2011 to 2015; and if he will make a statement on the matter. [21668/16]

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Written answers

I wish to inform the Deputy that my Department does not hire agency or locum staff. When temporary vacancies arise, those vacancies are met from within existing resources.

Departmental Websites

Questions (217)

Margaret Murphy O'Mahony

Question:

217. Deputy Margaret Murphy O'Mahony asked the Minister for Finance if his Department's website is accessible to persons with a disability; if the accessibility of this website is regularly reviewed, to take account of new and emerging technologies; and if he will make a statement on the matter. [21681/16]

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Written answers

The Department of Finance recognises the importance of ensuring that our website is accessible to everyone and is committed to achieving a minimum of  conformance level Double-A with the Web Accessibility Initiative (WAI) Web Content Accessibility Guidelines, and Web Content Accessibility Guidelines (WCAG) 2.0 as well as complying with the National Disability Authority IT Accessibility Guidelines.  These guidelines explain how to make web content more accessible for people with disabilities. Conformance with these guidelines helps to make the web more user-friendly for all people. 

The website is built using code compliant with World Wide Web Consortium (W3C)W3C standards for Hyper Text Markup Language (HTML) and Cascading Style Sheets (CSS). The website displays correctly in current browsers and using standards-compliant HTML/CSS code means any future browsers will also display it correctly.  The design of this website will respond to the width of your screen, so that you can easily find and read what you're looking for. It also responds to the size of the text, so you can increase the font size as much as you need to.

The following navigation aids are provided on www.finance.gov.ie:

- A breadcrumb link is available at the top each page to assist in navigation;

- The home page and all internal pages include a search box;

- A Skip to main content link in the site header to allow users skip over the navigation and go directly to the main content of each page.

If a member of the public has difficulty with the format of a particular document, and requires information with regard to accessing an alternative electronic format, we endeavour to provide a more accessible version where possible.  As per the Department's published Quality Customer Service Charter and Action Plan 2015-2017, queries relating to disability or access issues can be directed to the Disability Liaison Officer or the Department's Access Officers as appropriate.

The accessibility of the website is continuously reviewed as part of a broader Departmental communications strategy; as part of a current project for continuous development of the website, our Corporate Affairs section is currently instigating a website review which includes assessing accessibility guidelines and requirements to inform the project scope.

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