Dáil Éireann Debate, Thursday - 10 November 2022
103. Deputy Ged Nash asked the Minister for Finance the number of applicants and successfully approved recipients of the temporary business energy support scheme (TBESS); if he plans to attach any conditions on companies accessing the scheme, for example, restricting the payments of dividends and senior management bonuses to firms in receipt of funds under the scheme; and if he will make a statement on the matter. [55835/22]
View answer106. Deputy Niamh Smyth asked the Minister for Finance if the TBESS will open by end of this month; if payments will be made before the end of 2022; and if he will make a statement on the matter. [55802/22]
View answerI propose to take Questions Nos. 103 and 106 together.
Details of the new Temporary Business Energy Support Scheme (TBESS) are set out in Finance Bill 2022, which will be discussed at Committee Stage later today. The TBESS will be available to tax compliant businesses carrying on a trade or profession the profits of which are chargeable to tax under Case I or Case II of Schedule D where they meet the eligibility criteria and to certain sporting bodies and charities. The scheme will operate on a self-assessment basis.
The TBESS is subject to State aid approval and payments cannot be made until this has been granted.
Subject to receiving State aid approval, it is expected that the TBESS system will open for applications over the weekend of 26 November at which time businesses can register for and make a claim under the scheme using Revenue Online Service (ROS).
Revenue have published comprehensive guidelines on their website on the operation of the scheme.
The scheme is a broad based scheme designed to help businesses with increasing energy prices. Including specific conditionality as proposed by the Deputy would prove difficult to frame in legislation and could open the possibility of legal challenge. It could also be difficult to ensure that a condition like non-payment of dividends would not just result in dividends being delayed until after support payments are received. Similar issues could arise with deferred bonuses.
There could also be State aid issues with some such restrictions. The EU Temporary Crisis Framework specifically provides that “Measures targeting commercial energy users do not constitute State aid, provided such measures are of a general nature.”
