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Thursday, 18 Apr 2019

Written Answers Nos. 68-80

Motor Insurance

Questions (68)

Michael McGrath

Question:

68. Deputy Michael McGrath asked the Minister for Finance the number of persons who applied under the declined cases agreement for motor insurance since its establishment, on an annual basis; the number of successful applications; the average premium by successful application; and if he will make a statement on the matter. [18329/19]

View answer

Written answers

At the outset, as the Deputy is aware, I in my role, as Minister for Finance have no responsibility for the operation of the Declined Cases Agreement and therefore do not have direct access to the data that is being requested.

However, in order to be as helpful as I can, my officials contacted Insurance Ireland about your information request. In response they have provided me with statistics on the number of cases they have dealt with back to 2009. Data is not available for the years preceding that. These statistics are set out in the table.

In relation to these cases Insurance Ireland have informed me that all applications made to them were accepted by Insurance Ireland for processing under the Declined Cases Agreement. They have also stated that a quotation was secured for the applicants in question through the Agreement and that they therefore consider all applications to have been successful. Insurance Ireland were unable to provide information regarding the average premium by successful application.

 Year

Total number of cases dealt with under the Declined Cases Agreement

(figures supplied by Insurance Ireland) 

2018

1147

2017

1423

2016

1941

2015

1164

2014

669

2013

308

2012

178

2011

169

2010

130

2009

115

Personal Contract Plans

Questions (69)

Michael McGrath

Question:

69. Deputy Michael McGrath asked the Minister for Finance the number of personal contract plans, PCP, for motor vehicles in existence in each year since 2016; the outstanding value for each period; the number of PCPs that have failed due to non-payment; the number and value of loans in arrears, in tabular form; and if he will make a statement on the matter. [18330/19]

View answer

Written answers

In its "Money and Banking" statistical series, the Central Bank (in Table A.19 - see link) publishes data on the types of car finance provided to households including PCP finance. The table underneath presents the number of PCP contracts outstanding at the end of 2016, 2017, and the end of June-2018, together with the outstanding amounts on these contracts.

At end

Number of PCP contracts

Outstanding PCP amounts - € million

2016

47,215

833

2017

63,066

1,097

2018 H1

69,668

1,243

The Central Bank has advised that it does not collect data on PCP contracts in arrears or failure due to non-payment, though it can be noted that certain information on this aspect was set out in Table 2.1 of the Competition and Consumer Protection Commission 2018 Report on the Irish PCP market (see link - www.ccpc.ie/business/wp-content/uploads/sites/3/2018/03/Personal-Contract-Plans-the-Irish-Market.pdf).

The Central Bank has also advised that the data outlined above relates to credit advanced by Irish banks only and that it hopes to publish an updated dataset relating to the full PCP reporting population in the near future.

Credit

Personal Contract Plans

Questions (70)

Michael McGrath

Question:

70. Deputy Michael McGrath asked the Minister for Finance the number of outstanding complaints with the Financial Services and Pensions Ombudsman regarding personal contract plans for the purchase of motor vehicles; the value of the complaints; and if he will make a statement on the matter. [18331/19]

View answer

Written answers

Firstly, I must point out that the Financial Services and Pensions Ombudsman (FSPO) is independent in the performance of his statutory functions. I have no role in the day to day workings of the office or in the decisions which he takes.

However, the Financial Services and Pensions Ombudsman has informed me that there are no active complaints on hand at present in relation to personal contract plans for the purchase of motor vehicles.

The Ombudsman also confirmed that in 2018, the FSPO dealt with 5 complaints in relation to Personal Contract Plans. Of these complaints:

1 complaint was closed after registration, referral and follow up.

(This is a complaint which was received but which had not been fully completed by the complainant. Usually this is because the complainant has not notified their financial service provider of the issue, as required by the legislation. In this instance, I understand that the Information Services team contacted the complainant and explained how to complete the complaints process. Following this, they did not hear from the complainant, they re-engaged to check whether they wished to proceed with their complaint, and a response was not received, this complaint was eventually closed)

4 complaints were closed following our Dispute Resolution process.

(These are complaints which are resolved by agreement reached between the parties through mediation where:

1. the complainant receives redress and/or compensation

or

2. the complainant accepts a clarification of the matters at issue.)

The Deputy may be interested to know that one of these PCP cases was described in the Overview of Complaints 2018 recently published by the FSPO and available on his website www.fspo.ie.

Tax Appeals Commission

Questions (71, 72, 73, 74)

Michael McGrath

Question:

71. Deputy Michael McGrath asked the Minister for Finance the number of tax appeals before the Tax Appeals Commission; the value of tax to which the disputes amount; the appeals by ranges (details supplied), respectively, in tabular form; and if he will make a statement on the matter. [18332/19]

View answer

Michael McGrath

Question:

72. Deputy Michael McGrath asked the Minister for Finance the age and value of tax appeals before the Tax Appeals Commission by ranges (details supplied), respectively, in tabular form; and if he will make a statement on the matter. [18333/19]

View answer

Michael McGrath

Question:

73. Deputy Michael McGrath asked the Minister for Finance the number of new appeals brought before the Tax Appeals Commission in each month since January 2016 (details supplied); the number of cases concluded in each month since January 2016; and if he will make a statement on the matter. [18334/19]

View answer

Michael McGrath

Question:

74. Deputy Michael McGrath asked the Minister for Finance the number of appeals before the Tax Appeals Commission concluded since January 2016 that have been settled; the value of the settled appeals; the number that have been withdrawn; the value of same; the number of cases that have been heard; and if he will make a statement on the matter. [18335/19]

View answer

Written answers

I propose to take Questions Nos. 71 to 74, inclusive, together.

The Tax Appeals Commission (“TAC”) was established on 21 March 2016 and new procedures for making, processing, adjudicating and determining appeals came into effect. Before this date taxpayers appealed directly to Revenue, who then transferred cases to the Appeal Commissioners if and when they proceeded to appeal. Since that date, taxpayers send their appeals directly to the TAC which then notifies Revenue of the appeals.

In response to the Deputy’s questions, the following table provides an outline of the number of appeals received and concluded in each month since the establishment of the TAC on 21 March 2016.

Table 1: Number of appeals received and number of appeals closed from 21 March 2016 to date

 

2016

2016

2017

2017

2018

2018

2019

2019

Month

Received

Closed

Received

Closed

Received

Closed

Received

Closed

January

 

 

559

52

264

64

161

91

February

 

 

75

39

134

319

112

58

March

1,557

4

177

74

159

148

116

105

April

74

7

91

53

104

141

42

55

May

75

15

106

131

195

122

 

 

June

95

15

82

52

72

76

 

 

July

107

29

106

51

114

115

 

 

August

79

13

90

45

127

56

 

 

September

80

16

107

19

108

89

 

 

October

76

23

95

49

108

156

 

 

November

103

40

107

42

115

72

 

 

December

99

44

152

83

189

81

 

 

Total

2,345

206

1,747

690

1,689

1,439

431

309

A breakdown of the number of new appeals in each month since March 2016 by quantum is currently not available.

Following its establishment in 2016, I am informed that approximately 3,020 appeals transferred to the TAC from both the Office of the Revenue Commissioners and the Office of the Appeal Commissioners in March 2016. The TAC has further advised me that, as of 15 April 2019, it currently has approximately 3,568 active appeals under its remit.

Since 21 March 2016 the TAC has cleared appeals relating to over €1.2 billion in disputed taxes. The table gives an outline of how appeals were closed from 21 March 2016.

Table 2: Summary of Appeals Closed since 21 March 2016 to date

Reason for Appeal Closures

Number of Appeals Closed

Quantum €000

Determination

110

149,101

Dismissed

238

28,750

Merged

39

11,255

Refused

364

13,419

Settled

1,433

717,311

Withdrawn by Appellant

460

283,666

Total

2,644

1,203,502

The following table provides an outline of the number of appeals that have been heard since 21 March 2016.

Table 3: Appeals listed for hearing since 21 March 2016 to date - Hearings Scheduled; No. of Appeals affected

Outcome

2019*

2018

2017

2019*

2018

2017

2016**

Scheduled

61

167

65

221

248

106

153

Withdrawn/Settled in advance of hearing

8

17

2

11

23

2

21

Deferred in advance of hearing

35

90

11

174

148

11

33

Proceeded with

18

60

52

36

77

93

99

* A further 103 hearings in relation to 307 appeals have currently been listed for the remainder of 2019.

** No breakdown of scheduled hearings was recorded in 2016.

The following table provides an outline of the number of appeals on hand before the TAC as at 15 April 2019.

Table 4: Summary and Quantum* of Appeals on Hand as at 15 April 2019

Category/year received**

Legacy

Pre-Est'd

2016

2017

2018

2019

Total

Below €10,000

74

91

73

584

346

218

1,386

Between €10,001 and €50,000

215

16

54

173

319

63

840

Between €50,001 and €1,000,000

331

37

106

216

380

91

1,161

Between €1,000,001 and €5,000,000

36

2

10

33

35

9

125

Greater than €5,000,000

14

2

6

15

19

 

56

 Total

670

148

249

1,021

1,099

381

3,568

* The quantum figure should be viewed as an estimate on the following basis:

The original quantum of tax under appeal may be modified post filing of the notice of appeal (i.e. where an aspect of an appeal is settled or withdrawn).

The parties may disagree in relation to the precise quantum of tax in dispute.

The monetary value of an appeal is not always calculable (i.e. in appeals where the rate of tax is in dispute or in appeals in relation to the refusal of Tax Clearance Certificates).

** The system of characterisation of appeals reflects: the appeals on hand in the former Office of the Appeal Commissioners prior to the establishment of the TAC (‘pre-establishment appeals’); appeals received post establishment of the TAC (‘current appeals’); and aged appeals transferred from the Revenue Commissioners (‘legacy appeals’), and the appeal groups are described accordingly.

Tax Compliance

Questions (75)

Michael McGrath

Question:

75. Deputy Michael McGrath asked the Minister for Finance the number of penalties for non-payment of tax the Revenue Commissioners have imposed in each of the years from 2016 to 2018 and to date in 2019, by each tax heading; the value of the penalties; the interest received on unpaid tax liabilities, in tabular form; and if he will make a statement on the matter. [18336/19]

View answer

Written answers

I am advised by Revenue that the number and value of penalties imposed/collected and the interest collected for the years 2016 to 2019 (to date), broken down by each tax heading, are set out in the following tables.

Table 1 – Number of Penalties Imposed.

Note: A taxpayer may be counted in more than one tax head.

 

2016

2017

2018

2019 YTD

PAYE

1,154

1,221

1,442

242

PRSI

100

101

82

23

VAT

1,763

1,759

1,617

494

INCOME TAX (Self-Employed)

1,772

1,998

2,916

625

CORPORATION TAX

428

473

568

163

CAPITAL GAINS TAX

264

300

392

88

RELEVANT CONTRACTS TAX

557

483

518

133

DIVIDEND WITHHOLDING TAX

3

5

4

0

RELEVANT TAX ON SHARE OPTION

13

26

18

0

STAMP DUTY

8,255

8,280

8,207

2,378

CAPITAL ACQUISITIONS TAX

152

164

134

63

LOCAL PROPERTY TAX

22

5

6

6

OTHER

5

9

8

1

TOTAL

14,488

14,824

15,912

4,216

Table 2 – Penalties Collected (€m)

 

2016

2017

2018

2019 YTD

PAYE

€4.93m

€4.13m

€5.02m

€0.87m

PRSI

€0.61m

€0.53m

€0.45m

€0.15m

VAT

€4.57m

€5.11m

€8.01m

€4.04m

INCOME TAX (Self-Employed)

€5.03m

€4.66m

€5.18m

€1.48m

CORPORATION TAX

€2.06m

€2.17m

€2.18m

€0.28m

CAPITAL GAINS TAX

€0.75m

€0.52m

€0.93m

€0.20m

RELEVANT CONTRACTS TAX

€2.68m

€2.92m

€3.06m

€0.66m

DIVIDEND WITHHOLDING TAX

€0.01m

€0.01m

€0.01m

€0.00m

RELEVANT TAX ON SHARE OPTION

€0.03m

€0.03m

€0.05m

€0.00m

STAMP DUTY

€1.27m

€1.57m

€1.46m

€0.46m

CAPITAL ACQUISITIONS TAX

€0.56m

€0.73m

€0.30m

€0.19m

LOCAL PROPERTY TAX

€0.00m

€0.00m

€0.00m

€0.00m

OTHER

€0.05m

€0.09m

€0.02m

€0.00m

TOTAL

€22.55m

€22.47m

€26.67m

€8.33m

Table 3 – Interest Collected (€m)

 

2016

2017

2018

2019 YTD

PAYE

€16.54m

€8.01m

€15.27m

€6.55m

PRSI

€4.39m

€1.75m

€2.63m

€1.02m

VAT

€15.10m

€16.34m

€18.79m

€4.26m

INCOME TAX (Self-Employed)

€29.28m

€33.37m

€37.37m

€10.58m

CORPORATION TAX

€11.63m

€10.12m

€18.22m

€1.86m

CAPITAL GAINS TAX

€5.86m

€4.93m

€6.60m

€1.87m

RELEVANT CONTRACTS TAX

€0.52m

€0.27m

€0.40m

€0.08m

DIVIDEND WITHOLDING TAX

€0.11m

€0.28m

€0.11m

€0.36m

RELEVANT TAX ON SHARE OPTION

€0.74m

€0.78m

€0.32m

€0.09m

STAMP DUTY

€3.51m

€2.62m

€1.98m

€0.43m

CAPITAL ACQUISITIONS TAX

€3.07m

€2.45m

€2.32m

€1.03m

LOCAL PROPERTY TAX

€0.04m

€0.08m

€0.14m

€0.19m

OTHER

€0.27m

€0.26m

€0.32m

€0.06m

Total

€91.06m

€81.26m

€104.47m

€28.38m

Note: ‘Other’ includes Professional Services Withholding Tax, Deposit Interest Retention Tax, Life Assurance

Exit Tax, Environmental Levy, Betting Duty, Investment Undertaking Tax and Domicile Levy

Central Bank of Ireland Enforcement Actions

Questions (76)

Michael McGrath

Question:

76. Deputy Michael McGrath asked the Minister for Finance the number of enforcement proceedings initiated by the Central Bank in each of the years from 2016 to 2018 and to date in 2019, by type of licensed institution; the number of proceedings that have led to enforcement actions by the Central Bank; the value of fines, by type, that have been imposed in each year, in tabular form; and if he will make a statement on the matter. [18337/19]

View answer

Written answers

The Central Bank of Ireland have provided the following tables setting out the number and details of concluded enforcement actions by the Central Bank in each of the years 2016 to 2019 (to date).

Enforcement actions against regulated firms and individuals under the Administrative Sanctions Procedure (ASP)

Year

Number

Fines Imposed

2019

0*

€0*

2018

10

€7,441,000

2017

11

€7,239,970

2016

9

€12,075,750

Total

30

€26,756,270

* Note: while there have been no concluded Enforcement outcomes under the ASP to date in 2019, there are a significant number of actions under way and it is expected that the number of outcomes for the year will be in line with previous years.

2018

 

Case Name

Sector 

Fine Imposed

Date 

1

Michael P. Walsh

Credit Institutions  

€20,000

22-Jan-18

2

Bastow Charleton Wealth Management

Investment Firm

€220,000

27-Mar-18

3

Appian Asset Management

Investment Firm

€443,000

13-Jun-18

4

St.Canice's Credit Union

Credit Union

€210,000

21-Jun-18

5

PartnerRe Ireland Insurance dac (PRIID)

Insurance

€910,000

16-Aug-18

6

Partner Reinsurance Europe SE (PRESE)

Insurance

€630,000

16-Aug-18

7

CitiBank Europe plc 

Banking

€1,330,000

03-Oct-18

8

E-Services and Communications Credit Union Limited

Credit Union

€155,000

24-Oct-18

9

Tom McMenamin

Credit Institutions

€23,000

06-Dec-18

10

RSA

Insurance

€3,500,000

18-Dec-18

2017

 

Case Name

 Sector

Fine Imposed

Date 

1

Kinsale Capital Management Limited

Investment Firm

€275,000

14-Feb-17

2

Drimnagh Credit Union Limited

Credit Union

€125,000

07-Mar-17

3

Allied Irish Banks plc

Banking

€2,275,000

24-Apr-17

4

The Governor and Company of the Bank of Ireland 

Banking

€3,150,000

26-May-17

5

Intesa Sanpaolo Life dac

Insurance

€1,000,000

23-Nov-17

6

Albert Reilly t/a Albert Reilly Insurance and Financial Consultants

Intermediary

€1,470

27-Nov-17

7

Lupton Financial Services Limited t/a Lupton & Co. Financial Services

Intermediary

€1,225

28-Nov-17

8

Lorna Heffernan Finance Limited

Intermediary

€1,050

30-Nov-17

9

Robert Moynihan

Intermediary

€1,225

01-Dec-17

10

Merrion Stockbrokers Limited

Stockbrokers

€200,000

12-Dec-17

11

BCP Asset Management DAC

Investment Firm

€210,000

18-Dec-17

2016

 

Case Name

Sector

Fine Imposed

Date 

1

Arch Reinsurance Europe Underwriting   dac 

Insurance

€275,000

15-Mar-16

2

Seamus Sutcliffe t/a The Mortgage Centre

Intermediary

€2,750

30-Jun-16

3

New Ireland Assurance Company plc.

Insurance

€650,000

13-Jul-16

4

Axa Insurance Ireland Limited

Insurance

€675,000

26-Jul-16

5

KBC Bank Ireland plc

Banking

€1,400,000

06-Oct-16

6

Capita Life and Pensions Services (Ireland) Limited

Intermediary

€1,150,000

11-Oct-16

7

Ulster Bank Ireland DAC

Banking

€3,325,000

27-Oct-16

8

Springboard Mortgages

Retail Credit Firm

€4,500,000

24-Nov-16

9

Bray Credit Union

Credit Union

€98,000

06-Dec-16

Further details of enforcement actions under the ASP can be found on the Central Bank website at the following link: https://www.centralbank.ie/news-media/legal-notices/enforcement-actions.

Real Estate Investment Trusts

Questions (77, 78)

Michael McGrath

Question:

77. Deputy Michael McGrath asked the Minister for Finance the amount of property-related income earned by all real estate investment trusts, REITs, in each of the years from 2013 to 2018 and to date in 2019; the amount that is from rent; the amount that is from the sale of properties; the amount of net distributions made in each of the years since 2013; the amount of those distributions paid to domestic income taxpayers, domestic corporate taxpayers and foreign shareholders resident in a location with which Ireland has a double tax treaty; the amount paid by all REITs in dividend withholding tax in each year since 2013; the amount of such tax reclaimed by the taxpayer in each of the years since 2013; and if he will make a statement on the matter. [18338/19]

View answer

Michael McGrath

Question:

78. Deputy Michael McGrath asked the Minister for Finance the number of distributions made each year since 2013 from REITs to pension plans, charities and other dividend withholding tax exempt shareholders; and if he will make a statement on the matter. [18339/19]

View answer

Written answers

I propose to take Questions Nos. 77 and 78 together.

The rules relating to Real Estate Investment Trusts (REITs) in Ireland are found in Part 25A of the Taxes Consolidation Act 1997, and were introduced by Finance Act 2013. Irish REITs are collective investment vehicles which invest in Irish property. As such, their income and gains from Irish property are not taxed within the REIT but are instead taxed in the hands of the investor when distributed. REITs must distribute at least 85% of their property profits and gains to their shareholders each year. A REIT is subject to corporation tax on any income or gains arising from any other, i.e. non-property, business it carries on.

The function of the REIT framework is not to provide an overall tax exemption, but rather to facilitate collective investment in rental property by providing the same after-tax returns to investors as direct investment in rental property and removing a double layer of taxation at corporate and shareholder level which would otherwise apply.

Dividend Withholding Tax (DWT) at 20% must be applied to all distributions from REITs, other than distributions to certain limited classes of investors such as pensions and charities as they are more generally exempt from tax. I am advised by Revenue that the available information is the net DWT collected in respect of dividends paid by REITs for 2015 onwards, as shown in the table.

Year

Amount   of DWT Collected

2015

€4.0m

2016

€7.8m

2017

€11.8m

2018

€12.4m

I am advised by Revenue that, due to the obligation to maintain taxpayer confidentiality, it does not disclose information in circumstances where the number of cases is so small that it might facilitate identification of the taxpayers involved. As this is the case with Real Estate Investment Trusts (REITs), it is not possible for Revenue to provide the further information requested. However I would note that REITs are required to be publicly listed companies and as a result they publish a wide range of detailed information, including financial reports, which would provide some of the information requested by the Deputy.

Life Insurance Policies

Questions (79)

Michael McGrath

Question:

79. Deputy Michael McGrath asked the Minister for Finance the yield from life assurance exit tax in 2018; the forecasted yield in 2019; and if he will make a statement on the matter. [18340/19]

View answer

Written answers

I am advised by the Revenue Commissioners that the yield from Life Assurance Exit Tax was approximately €165 million in 2018. The projected yield for Life Assurance Exit Tax in 2019 is €195 million.

Life Insurance Policies

Questions (80)

Michael McGrath

Question:

80. Deputy Michael McGrath asked the Minister for Finance the yield from the 1% levy on life assurance policies in each of the years from 2015 to 2018; the projected yield in 2019; and if he will make a statement on the matter. [18341/19]

View answer

Written answers

Section 124B Stamp Duties Consolidation Act 1999 provides for a levy of 1% on life insurance premiums paid by Irish policyholders to life insurance companies located in the EU and EEA.

Information in relation to Stamp Duty receipts, including the yield from the Life Assurance Levy from 2015 to 2018, can be found on the statistics page of the Revenue website at https://www.revenue.ie/en/corporate/documents/statistics/receipts/stamp-duty-receipts.pdf.

For the deputies convenience I can confirm that the table in the link contains the figures shown.

Year

2015

2016

2017

2018

Yield

30.70 million

21.37 million

12.42 million

11.78 million

The projected yield from the Life Assurance Levy in 2019 is €13.4 million.

The following revised reply was received on 1 October 2019

I am advised by Revenue that further to my reply to Parliamentary Question 18341/19, in respect of the life assurance levy from 2015 to 2018, revised figures are now available at the following link and reproduced in the table below:

https://www.revenue.ie/en/corporate/documents/statistics/receipts/stamp-duty-receipts.pdf.

2015

2016

2017

2018

Non-life levy & life assurance levy

€138.65m

€157.04m

€176.91m

€166.45m

The revised information is contained under the heading; ‘Non-life levy & life assurance levy.’

Since the original response issued, Revenue identified a technical issue with their Revpay system which is causing payments of the Life Assurance Levy to be accounted for as being non-Life Levy payments, as the system is not able to account for Life Assurance Levy payments separately.

The post-Budget estimate for 2019 for these two levies (combined) is €195 million.

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