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Dáil Éireann díospóireacht -
Wednesday, 22 Apr 1959

Vol. 174 No. 6

Committee on Finance. - Additional Financial Resolution—Income Tax and Sur-Tax.

I move:

That provision be made, for income tax (including sur-tax) purposes, for cases in which, securities, stocks or shares having been purchased after the 22nd day of April, 1959, so as to make interest or dividends receivable by the purchaser, the purchaser resells the securities, stocks or shares or sells similar ones.

This is a transaction which has been spoken of in the newspapers and referred to as "bond washing". It is a form of avoidance of income tax. If the House agrees to this, it is intended to put the necessary provisions in the Finance Act that will try to stop this form of evasion or avoidance of tax.

The term "bond washing" is used to describe operations under which a dealer in securities purchases securities "cum dividend" and sells them shortly afterwards "ex dividend", at a price which is less than the purchase price by the net amount of the dividend. On these two transactions the dealer breaks even. But he can then make a profit at the expense of the Exchequer by claiming repayment of Income Tax against other taxed income in respect of the loss represented by the difference between the purchase price and the sale price of the securities. The device could also be used by exempt institutions to reap a quick profit from the Exchequer.

Bond washing is a form of tax avoidance which could be readily availed of and might prove costly to the Exchequer. I am sure that Deputies will agree that the necessary steps should be taken to prevent this happening. There will be safeguards for legitimate business, naturally, and I am certain that I will have the full co-operation of the Stock Exchanges in this country in dealing with this matter.

In so far as the avoidance of liability to proper tax has been carried through in this way, the Minister will, of course, have our support as this provision is not retrospective. The principle of retrospection was settled, thank goodness, last year. My worry about this is that the Resolution in its form appears to cover the genuine case as well as the tax avoidance case. Perhaps it may not be necessary to go into that aspect to-day because this is only the charging Resolution. Perhaps the method of ensuring that the genuine case is accepted will come better on the section in the Finance Bill. I think the Minister will accept that there must be a most complete exemption for the genuine type of transaction because, if there is not, it will clog the wheels of stock exchange in this country very materially.

I quite agree with the Deputy that this Resolution does cover any transaction. I just saw a rough outline of the clause. There will be three or four fairly long clauses to cover this and it will deal with that matter of exemption.

I have no doubt we may take it that, whatever the provisions of those sections may be, they will be retrospective to 22nd April which is the relevant date for this Financial Resolution?

It is effective from to-morrow.

Then you will have to make exclusions and special provisions for genuine transactions in the Finance Bill?

I assume that will revert to the date on which this Financial Resolution becomes operative so that if anything is inadvertently caught which the Minister does not intend to catch the Minister for Finance will release it retrospectively?

I presume it will be part of the Bill. I am sure the usual phrase "This part of the Bill is effective from 22nd April" will be there.

It is the date of purchase.

Yes—purchased after this date.

What happens if shares were purchased yesterday and the dividend is paid to-morrow? They are not caught by this?

We have not caught them.

Then we are not genuinely not retrospective. May I inquire if there are any more back-room operations coming along?

I do not think so but they come fairly frequently now.

Resolution agreed to.
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