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Dáil Éireann díospóireacht -
Wednesday, 7 May 1941

Vol. 83 No. 1

Financial Resolutions. - Resolution No. 24—Corporation Profits Tax.

I move:—

(1) That in addition to the corporation profits tax otherwise chargeable by law, there shall be charged, levied, and paid on the profits mentioned in the next following paragraph of this Resolution corporation profits tax (referred to in this Resolution as excess corporation profits tax) at the rate of fifty per cent. of those profits.

(2) That the profits on which excess corporation profits tax is made payable by the next preceding paragraph of this Resolution are:—

(a) so much of the profits (being profits to which Part V of the Finance Act, 1920, as amended by subsequent enactments, applies) which arise or have arisen in any accounting period beginning on or after the 1st day of September, 1939, as exceeds the standard profits as defined by statute, and

(b) so much of the profits (being profits to which Part V of the Finance Act, 1920, as amended by subsequent enactments, applies) which have arisen in the part subsequent to the 31st day of August, 1939, of any accounting period which began before and ended on or after the 1st day of September, 1939, as exceeds the standard profits as defined as aforesaid.

(3) That the proviso to sub-section (1) of Section 52 of the Finance Act, 1920, shall not apply or have effect in relation to excess corporation profits tax.

(4) That such provisions, qualifications, exceptions, and reliefs and in particular such provisions in relation to the calculation of standard profits and such provisions in relation to allowances in respect of the remuneration of directors as shall be prescribed by statute shall apply and have effect in relation to excess corporation profits tax.

Sub-section 2 (a) has the words "beginning on or after the 1st day of September, 1939, as exceeds the standard profits as defined by statute". Does "statute" in that case mean the three years previous to 1914?

The statute referred to is the Finance Bill which will be introduced to-morrow.

It does not refer to 1914?

Could the Minister forecast what the standard rate of profit will be over and above which excess profits corporation tax will be payable?

A standard year will be adopted——

What is the standard?

——which may be the best two of any three years ending on or before a specified date before the coming into operation of the Act.

Will there be a continuing proviso that, if no profits were made in the standard year, a minimum percentage of profit on the capital in the balance sheet will be exempted from excess profits duty?

Yes, on the issued capital.

Can the Minister forecast what that percentage will be?

The Minister must know since he is going to produce the Bill to-morrow.

I shall go into it then.

Will it be 6 per cent.?

In the case of companies that have made no profits?

Let us suppose that company A.B. made no profit in the standard year. In the year 1941-42 A.B. makes 6 per cent. profit. That is, in fact, 6 per cent. more than it made in the standard year, and, at first glance, it would seem that that 6 per cent. would be liable to excess profits duty. Is it intended that that 6 per cent. should be exempted from excess profits duty and the duty paid on any profits made over 6 per cent.?

Whether this section deals with that or not, I do not know. Legislation will be introduced to deal with the point the Deputy has in mind.

The "standard year" will be the most favourable year out of two or three years for the person concerned?

Or the company.

Yes. It will be the most favourable which they choose to take of the three years before September, 1939?

The average of the two most favourable years.

Question put and agreed to.
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