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Dáil Éireann díospóireacht -
Wednesday, 8 May 1940

Vol. 80 No. 1

Financial Resolutions. - Resolution No. 4—Surtax.

I move:—

That paragraph (a) of sub-section (6) of Section 21 of the Finance Act, 1922, shall be amended by the deletion therefrom of the words and figures "which has, since the 5th day of April, 1914, been registered under the Companies Acts, 1908 to 1917" now contained therein and the insertion in the said paragraph of the words and figures "which is a company within the meaning of the Companies (Consolidation) Act, 1908" in lieu of the said words and figures so deleted.

The object of Section 21 of the Finance Act, 1922, is to prevent the avoidance of payment of surtax by members of private companies. The section provides that if a reasonable proportion of the profits of the year is not distributed in dividends, the whole of the income of the company may, in certain circumstances, be treated as income of the members for the purposes of surtax. The section as it stands applies to any company which, amongst other conditions, has since 5th April, 1914, been registered under the Companies Acts. There is no reason for, and there are good reasons against, restricting the application of the section to companies registered since 5th April, 1914, and the Resolution proposes, accordingly, to apply the section to all companies otherwise within its scope without regard to the date of registration.

Is it proposed to take out the section which refers to a "reasonable proportion" of the income? Is that the meaning?

It refers to a certain number of private companies registered before the 5th April, 1914.

A company registered before 1914 may have been registered in 1880, 1890, 1900 or 1910. Let us assume that that company's capital was of a nominal value of anything from £1,000 to £20,000. That company was sold and part of the consideration was the advantage with which we are now dealing, assuming that it was an advantage. The vendors received the capitalised value of whatever portion of the consideration was represented by that advantage. Now, the purchasers are going to lose that advantage. It seems to me that this proposal will have a severe effect in certain cases.

The total benefit to the State in respect of all the companies affected would not be more than about £5,000 a year.

Is it worth while introducing this proposal?

It is. Why should they be excepted?

Resolution put and declared carried.
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