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Dáil Éireann díospóireacht -
Wednesday, 28 Jan 1976

Vol. 287 No. 4

Financial Resolutions. - Financial Resolution No. 6: Value-Added Tax.

I move:

(1) That in this Resolution—"the Act of 1973" means the Finance Act, 1973 (No. 19 of 1973);

"the Principal Act" means the Value-Added Tax Act, 1972 (No. 22 of 1972).

(2) That section 11 of the Principal Act be amended—

(a) by the substitution in subsection (1) (a) (inserted by the Act of 1973) of "10 per cent of the appropriate amount of any consideration" for "6.75 per cent of the appropriate amount of any consideration, other than consideration to which paragraph (b) applies,",

(b) by the deletion of subsection (1) (b) (inserted by the Act of 1973),

(c) by the substitution of the following paragraph for paragraph (c) of subsection (1)—

"(c) (i) 35 per cent of the appropriate amount of any consideration which relates to the delivery of goods of a kind specified in Part I of the Fourth Schedule,

(ii) 40 per cent of the appropriate amount of any consideration which relates to the delivery of goods of a kind specified in Part II of the Fourth Schedule,",

(d) by the substitution in subsection (1) (e) of "20 per cent" for "19.50 per cent" (inserted by the Act of 1973),

(e) by the subsection of the following subsection for subsection (7)—

"(7) (a) Sections 8 (3) and 14 shall not apply to a person in so far as he is chargeable with tax in respect of the promotion of a dance, and the promotion of a dance or a series of dances by a person shall be deemed, for the purposes of this Act, to be a separate business carried on by such person.

(b) Notwithstanding subsection (1) and section 10, tax shall, in relation to the promotion of a dance, be charged at the rate specified in subsection (1) (a) on the total amount of money, excluding tax, received or receivable from persons admitted to the dance in respect of admission together with the total amount of money (if any), excluding tax, received or receivable in respect of—

(i) goods of a kind specified in paragraph (e) (i) delivered, or

(ii) services of a kind specified in paragraph (e) (ii) rendered,

in connection with the dance where payment of the consideration in respect thereof is a condition of admission to the dance and is not included in the consideration in respect of admission.

(c) Every person who intends to promote a dance or a series of dances shall notify the Revenue Commissioners in accordance with regulations of his intention to do so.

(d) The proprietor of any premises shall not promote a dance therein, or allow a dance to be promoted therein by any other person, unless he has received notice from the Revenue Commissioners that they have been notified in accordance with paragraph (c).

(e) In this subsection—

`the promotion of a dance' includes—

(i) the delivery in connection with the dance of any goods to which, but for this subsection, subsection (1) (a) or subsection (1) (d) would apply where payment of the consideration for such delivery is included in the consideration in respect of admission to the dance or is a condition of admission,

(ii) the rendering in connection with the dance of any services to which, but for this subsection, subsection (1) (a) or subsection (1) (d) would apply where payment of the consideration for such rendering is included in the consideration in respect of admission to the dance or is a condition of admission, and

`dance' does not include a dance the number of persons to be admitted to which is limited to one hundred and the consideration for admission to which does not exceed twenty pence.".

(3) That section 13 (special provisions for tax invoiced by farmers and fishermen) of the Principal Act be repealed.

(4) That the First Schedule to the Principal Act be amended by the deletion in paragraph (xvi) of the words from "and the hiring" to "does not exceed 5 weeks".

(5) That the Second Schedule to the Principal Act be amended by the substitution of the following paragraph for paragraph (xvii) (inserted by the Finance (No. 2) Act, 1975 (No. 19 of 1975)—

"(xvii) articles of personal clothing, footwear and textile handkerchiefs, excluding articles of clothing made wholly or partly of fur skin other than garments merely trimmed with fur skin unless the trimming has an area greater than one-fifth of the area of the outside material;".

(6) That the Third Schedule to the Principal Act be amended by the deletion in paragraph (i) of Part II of "the promotion of dances and".

(7) That the following Schedule be substituted for the Fourth Schedule to the Principal Act—

"FOURTH SCHEDULE.

PART I.

Goods Chargeable at the Rate Specified in Section 11 (1) (c) (i).

Motor vehicles designed and constructed for the conveyance of persons by road, and sports motor vehicles, estate cars, station wagons, motor cycles, motor scooters, mopeds and auto cycles, whether or not designed and constructed for the purpose aforesaid, excluding vehicles designed and constructed for the carriage of more than sixteen persons (inclusive of the driver), invalid carriages and other vehicles of a type designed for use by invalids or infirm persons.

PART II.

Goods Chargeable at the Rate Specified in Section 11 (1) (c) (ii).

(i) Radio receiving sets and television receiving sets which are of the domestic or portable type or which are of a kind suitable for use in road vehicles;

(ii) gramophones, radiogramophones, record reproducers;

(iii) gramaphone records.".

(8) That, in consequence of the amendments specified in paragraphs (2) to (7) of this Resolution, the Principal Act be further amended as follows:

(a) by the insertion in section 1 (1) of the following definition:

" `fur skin' means any skin with the fur, hair or wool attached except skin of woolled sheep or lamb;",

(b) by the substitution in section 3 (5) (b) of "either of the rates" for "the rate",

(c) by the substitution in section 10 (2A) (b) (ii) (inserted by the Finance Act, 1975 (No. 6 of 1975)) of "either of the rates" for "the rate".

(d) by the substitution in section 10 (7) of "10 per cent." for "14.81 per cent." (inserted by the Act of 1973),

(e) by the substitution in section 10 (8) (b) of "30 per cent." for "45 per cent." (inserted by the Act of 1973),

(f) by the deletion in section 11 (1) (d) of ", other than consideration to which paragraph (b) applies," (inserted by the Act of 1973),

(g) by the substitution in section 11 (2) (b) (inserted by the Finance Act, 1975) of "a rate" for "the rate",

(h) by the deletion of section 12 (1) (b),

(i) by the substitution of the following paragraph for paragraph (b) of section 15 (1):

"(b) (i) on goods of a kind specified in Part I of the Fourth Schedule at the rate specified in section 11 (1) (c) (i) on the value of the goods,

(ii) on goods of a kind specified in Part II of the Fourth Schedule at the rate specified in section 11 (1) (c) (ii) on the value of the goods, and",

(j) by the substitution in section 15 (4) (b) of "10 per cent." for "14.81 per cent." (inserted by the Act of 1973),

(k) by the deletion of subsections (2) and (4) of section 17,

(l) by the deletion in section 17 (6) of ", otherwise than as required by section 13,",

(m) by the deletion in section 17 (7) of the words from "and an amendment of an invoice" to the end of the subsection,

(n) by the deletion in section 17 (8) of "or subsection (2), as may be appropriate,",

(o) by the deletion in section 17 (10) (a) of the words from "or goods or services" to "to a registered person",

(p) by the deletion in section 26 (1) of "13,",

(q) by the deletion in section 26 (2) of "otherwise than under and in accordance with section 13,",

(r) by the deletion of paragraph (f) of section 32 (1),

(s) by the deletion in section 32 (1) (w) of the words from "and the treatment" to the end of the paragraph, and

(t) by the deletion of paragraph (c) of section 35 (1).

(9) That paragraphs (1) to (8) of this Resolution shall have effect as on and from the 1st day of March, 1976.

(10) It is hereby declared that it is expedient in the public interest that this Resolution shall have statutory effect under the provisions of the Provisional Collection of Taxes, 1927 (No. 7 of 1927).

In the new paper which was circulated after the Minister made his speech and which was entitled "The Principal Features of the Budget", there is reference to the increase in VAT. There is reference also to the fact that the increase will apply to almost all services. Could the Taoiseach indicate what services are excluded?

The changes are as follows: 6.75 per cent goes to 10 per cent, 11.11 per cent on dances is reduced to 10 per cent, and the 19.5 per cent goes to 20 per cent; 36.75 per cent goes to 35 per cent in respect of motor cars and motor cycles, and from 36.79 per cent to 40 per cent in respect of television, radio sets, gramophone and records. Goods subject to zero rating, other than fur clothing, will remain at that rate. Exempt activities other than short-term car hire will also remain unaffected.

What I asked the Taoiseach was could he give an indication as to what services would not be affected. The increase from 6.75 per cent to 10 per cent will affect almost all services. Could the Taoiseach give us an indication of what services are excluded?

Any that at present are exempt will stay exempt.

The Taoiseach told us that the 36.75 per cent will be reduced to 35 per cent in respect of motor cars and motor cycles. I take it that is as a sop.

Things like education and barristers, solicitors and auctioneers.

These are excluded?

They are excluded. In other words everything that is already exempt is still exempt, with the exception of short-term car hire.

Could the Taoiseach indicate what effect the reduction of the 36.75 per cent to the 35 per cent rate in respect of motor cars and motor cycles will have? This is a sop to the harrassed motorist who will suffer under Resolution No. 5 which has just been passed and the resolution to be next debated, No. 7. Having regard to the savage increase in the cost of motoring, it seems to me that the reduction from 36.75 per cent to 35 per cent is noticeable because few, if any, new cars, or even secondhand cars, and motor cycles will be bought as a result of this.

These are liable to tax at two levels. The 36.75 rate applies to sales by manufacturers and to importations by non-manufacturers. Sales by non-manufacturers, such as retailers, are liable at only 6.75 per cent. On the other hand the same traders are allowed deduct only 6.75 of the 36.75 charged them by manufacturers of paid for imports. The result is that these goods suffer at the effective rate of 30 per cent on the manufacture or import price and 6.75 on retail price. On motor cars and motor cycles the equivalent rate for March will be 35 per cent payable on sales from manufacturers and on importations by non-manufacturers, 10 per cent on sales by non-manufactturers with import tax deduction limited to 10 per cent. The effective tax, therefore, will be 25 per cent on the manufacturer on import price, and 10 per cent on the retail price, which makes it 35 per cent.

In view of the fact that these increases apply to things like schoolbooks, on which, by the way, there was a very strong case being made in many quarters for the abolition of VAT, and all sorts of household necessities like furniture, furnishings, cleaning materials, haberdashery, electrical and kitchen equipment, the rated value of all these things is being considerably increased. Could the Taoiseach relate these increases to the reduction in VAT which was effected by the Minister for Finance in his second budget last year? Could he give us an estimate as to how the sum of money which these increases will bring in would relate to the sum of money which was foregone by the Minister for Finance in that budget? Would I be right in suspecting that the increases now being made will more than counteract reductions which were made with such a flourish last June? To that extent the Minister is, in effect, really cancelling out the reductions which he made last June in a frantic endeavour to reduce the cost of living. In this budget he is putting more VAT back on than was taken off at that time. Is this not simply a ridiculous merry-go-round sort of exercise to take VAT off in June of one year in pursuance of a certain economic employment policy, and then to put it all back on again, and more, the following January?

The cost of the subsidy as introduced last June in a full year is £46 million and that is still operative.

As far as the general tax-paying public is concerned, to what extent has that reduction, which was brought in last June, been offset now, as far as the total amount is concerned, by these increases?

It depends, of course, on what category of goods people purchase. The total estimated revenue this year from VAT is £30.14 million. The Deputy will appreciate the subsidies are on essentials. These are not on essentials.

Last June the Minister for Finance went through a certain exercise of removing the burden of VAT from the tax-paying public in an alleged endeavour to reduce the cost of living. I suggest that that was a fruitless exercise in the light of what is happening today. The amount of VAT which will be collected as a result of the impositions of today will, to all intents and purposes, cancel out the reductions in the total amount of VAT payable.

It does not cancel out anything on foodstuffs. The items covered by VAT here are optional ones, in the sense that they are nonessentials, but the foodstuff subsidy remains at a total of £46 million.

Could I ask the Taoiseach by what percentage will the existing cost of living index be increased in the full year by the increases in VAT announced today?

Is that the old index or the hookey new index?

The new index as revised by the CSO.

Two questions, please, if I may. One refers to the increase from 19.5 per cent to 20 per cent on sports equipment. I understand very strong representations were made to the Taoiseach in regard to juveniles' hurleys. Has any consideration been given in relation to the increase of VAT on juveniles' hurleys? Through the aegis of the Department of Education a grant is given for the promotion of juvenile hurling but that grant is only a small fraction of the amount of VAT collected on juveniles' hurleys. In order to promote a healthy interesting game for young people may I ask the Taoiseach if he would even now consider including hurleys, which are made from material produced in our own country and which are made in our own country, for exemption from VAT?

The second question refers to a change in relation to VAT in the case of fur clothing, from a zero rating to 20 per cent. I welcome that change. I am very sorry that Deputy Reynolds is not here to support me in this matter. Last year in the debate on the financial resolutions I specifically asked the Minister for Finance a question in relation to blankets. Blankets will now be charged at 20 per cent VAT. Certain items of clothing were excluded last year and the Minister for Finance went to great pains to explain to me how it was not possible to change the headings under which blankets appear. The Minister has changed the VAT rating on fur clothing in this budget. I welcome that change. Yet, he has not reduced the tax on blankets. The elimination of the tax on blankets would be a great incentive to the Dripsey Woollen Mills in Cork and to the Foxford factory in Mayo and I am sure to other factories.

Could I dissuade the Deputy from going into detail?

The removal of VAT in these cases would be of tremendous benefit. I am surprised that, while the Minister changed the VAT rating in one case, despite the arguments he used last year, having regard to the advantage it would be to those woollen mills, he could not see his way to make a change in regard to blankets.

VAT is a Revenue tax. It is not for the purpose of doing any of the things the Deputy suggests.

I fully accept that but is it not also true to say that a Government must look at the overall situation?

That is why we made the change. We did look at the overall situation.

Perhaps you did not do it in time. There are some exemptions. Schoolbooks have been mentioned. It is difficult to understand why they have not been exempted. There is a strong case for exemption of juveniles' hurleys.

The Deputy has already made that point.

The situation in regard to blankets is anomalous.

We are having repetition.

I am not getting an answer.

You cannot exempt blankets and leave in sheets.

The Minister for Finance said last year that he could not change the headings. Yet he has changed fur clothing from one category to another, and rightly so. Why not do the same, in reverse, in the case of blankets, for example?

When the present Taoiseach was in Opposition the Opposition opposed the imposition of VAT on newspapers. Now there is a problem for newspapers generally and does the Taoiseach not think that the 10 per cent will worsen their position?

Did you not increase the price of The Irish Press?

When I want help from the Deputy I will ask for it.

It is not possible to differentiate between newspapers and magazines and there is also a problem about imported papers.

There are only a few national papers and local papers. They are very easily identifiable. You are jeopardising an industry.

We made one very progressive move here. I remember that when Senator Lenihan was Minister he said that VAT was only going to apply to fur coats. It did not. We have put them in.

May I ask the Taoiseach how much revenue was derived from the 6.75 per cent VAT on provincial newspapers in the last year?

There are no separate statistics for that.

As Deputy Davern has said, these are easily identifiable.

I do not think even the newspapers themselves know. There are no separate statistics kept.

Will the Taoiseach not agree that a strong case was made to have provincial newspapers, even Irish newspapers in general, exempted from VAT?

We have already had that matter.

It was considered at some length but it is not possible to differentiate between newspapers, in which there is a case for doing it, and magazines. If it was possible to do it, it would have been done. It is not possible to segregate them.

It would be possible to identify provincial newspapers.

Would the Taoiseach give me a definition of road fuel in the Blue Paper?

It is the fuel used in road vehicles, either petrol or derv.

Does it also include acetylene, aviation fuel——

No. That is not road fuel.

Is the whole range of the 6.75 included in the increase to 10 per cent?

The Revenue Commissioners in a leaflet amending the guide to value-added tax indicated that on the last occassion the reliefs did not include acetylene, aviation fuel, candles, creosote, greases, lighter fuel, matches, lubricants, oil used in internal combustion engines, oxygen, paint thinners, petrol, turpentine, tractor vapourising oil, white spirit.

They were excluded in the zero rating.

Does this apply to them? Will they be increased to 10 per cent?

Now they are going up to 10.

Where does it say that in this booklet?

That is the old one. The Deputy will get a new one soon.

Is that the definition of road fuel? That is the heading under which they appear in the booklet.

There will be a new booklet issued.

The upshot of it all is that you are putting school books up to 10 per cent.

There are two points I want to put to the Taoiseach. The first is in relation to the imposition of 10 per cent on dances. Down through the years cases have been made to successive Ministers for Finance, at least since the dance tax became operative, that genuine céili dances might be omitted. There are a very few people around the country who organise purely céili dances, largely for cultural motives. They find it impossible because of the imposition of this tax to maintain attendances at them. There is a good case for excluding genuine céili dances from this tax.

May I make one other point in support of what Deputy Gene Fitzgerald said in relation to the tax on hurleys? A tax on sports equipment is fair enough. I take it that a horse saddle will last a lifetime, that football boots will last a couple of seasons but a hurley stick might last only five minutes, which makes it difficult for young people to continue adherence to this national game. Some distinction might be made in these two cases.

Previously in respect of any dance tax if there was a loophole it was abused. There is a slight reduction here from 11.11 to 10 per cent but I do not see any way of differentiating between a céili and an ordinary dance.

That is not going to help the genuine céili dance.

I know but I suppose every dance would become a céili if there was a way out.

In respect of the increase in VAT on furniture, furnishings and haberdashery, which the Taoiseach more or less dismissed as being non-essential items, I should like to remind the Taoiseach that as far as young couples setting up a home are concerned these are essential items. They cannot be dismissed as non-essential.

I said they were optional, whereas the subsidies remain on essentials such as food.

Will the Taoiseach not agree that it is essential to have a utensil to cook the food?

It is essential to raise revenue also.

Would the Taoiseach not agree that, having regard to the other legislation introduced in the matter of housing grants which makes it more difficult for young people to set up house, it is undesirable to be increasing VAT on furniture and the essentials required for a house?

The Deputy has already made that point.

VAT has not been increased on housing.

It has been increased on the furniture that one must put in a house and without which one cannot have a home. I should like the Government to have a look at that and I suggest that the increase should not apply to those essential items.

What services are exempt from these increases?

All the existing ones with the exception of the short term car hire. Everything which is already exempt is still exempt, with the exception of the latter.

Does "agricultural equipment" include fishery equipment?

What sum was raised by the effective rate of 3 per cent VAT on building, including housing, last year?

We can only deal with the resolution before us, Resolution No. 6.

About £4½ million.

Question put.
The Dáil divided: Tá, 68; Níl, 65.

  • Barry, Richard.
  • Begley, Michael.
  • Belton, Luke.
  • Belton, Paddy.
  • Bermingham, Joseph.
  • Bruton, John.
  • Burke, Dick.
  • Burke, Joan T.
  • Burke, Liam.
  • Byrne, Hugh.
  • Clinton, Mark A.
  • Cluskey, Frank.
  • Conlan, John F.
  • Coogan, Fintan.
  • Cooney, Patrick M.
  • Corish, Brendan.
  • Cosgrave, Liam.
  • Costello, Declan.
  • Coughlan, Stephen.
  • Creed, Donal.
  • Crotty, Kieran.
  • Cruise-O'Brien, Conor.
  • Desmond, Barry.
  • Desmond, Eileen.
  • Dockrell, Maurice.
  • Donegan, Patrick S.
  • Donnellan, John.
  • Enright, Thomas.
  • Esmonde, John G.
  • Finn, Martin.
  • FitzGerald, Garret.
  • Fitzpatrick, Tom. (Cavan).
  • Flanagan, Oliver J.
  • Gillhawley, Eugene.
  • Governey, Desmond.
  • Griffin, Brendan.
  • Harte, Patrick D.
  • Hegarty, Patrick.
  • Hogan O'Higgins, Brigid.
  • Jones, Denis F.
  • Kavanagh, Liam.
  • Keating, Justin.
  • Kelly, John.
  • Kenny, Enda.
  • Kyne, Thomas A.
  • L'Estrange, Gerald.
  • Lynch, Gerard.
  • McDonald, Charles B.
  • McLaughlin, Joseph.
  • McMahon, Larry.
  • Malone, Patrick.
  • Murphy, Michael P.
  • O'Brien, Fergus.
  • O'Connell, John.
  • O'Donnell, Tom.
  • O'Leary, Michael.
  • O'Sullivan, John L.
  • Pattison, Seamus.
  • Reynolds, Patrick, J.
  • Ryan, John J.
  • Spring, Dan.
  • Staunton, Myles.
  • Taylor, Frank.
  • Thornley, David.
  • Timmins, Godfrey.
  • Toal, Brendan.
  • Tully, James.
  • White, James.

Níl

  • Allen, Lorcan.
  • Andrews, David.
  • Barrett, Sylvester.
  • Blaney, Neil T.
  • Brady, Philip A.
  • Brennan, Joseph.
  • Breslin, Cormac.
  • Briscoe, Ben.
  • Brosnan, Seán.
  • Brugha, Ruairí.
  • Burke, Raphael P.
  • Callanan, John.
  • Calleary, Seán.
  • Carter, Frank.
  • Colley, George.
  • Collins, Gerard.
  • Connolly, Gerard.
  • Crinion, Brendan.
  • Cronin, Jerry.
  • Cunningham, Liam.
  • Daly, Brendan.
  • Davern, Noel.
  • de Valera, Vivion.
  • Dowling, Joe.
  • Fahey, Jackie.
  • Farrell, Joseph.
  • Fitzgerald, Gene.
  • Fitzpatrick, Tom. (Dublin Central).
  • Flanagan, Seán.
  • French, Seán.
  • Gallagher, Denis.
  • Geoghegan-Quinn, Máire.
  • Gibbons, Hugh.
  • Gibbons, James.
  • Gogan, Richard P.
  • Haughey, Charles.
  • Healy, Augustine A.
  • Herbert, Michael.
  • Hussey, Thomas.
  • Kenneally, William.
  • Kitt, Michael P.
  • Lalor, Patrick J.
  • Lemass, Noel T.
  • Leonard, James.
  • Loughnane, William.
  • Lynch, Celia.
  • Lynch, Jack.
  • McEllistrim, Thomas.
  • MacSharry, Ray.
  • Meaney, Tom.
  • Molloy, Robert.
  • Moore, Seán.
  • Murphy, Ciarán.
  • Nolan, Thomas.
  • Noonan, Michael.
  • O'Connor, Timothy.
  • O'Kennedy, Michael.
  • O'Leary, John.
  • Power, Patrick.
  • Smith, Patrick.
  • Timmons, Eugene.
  • Tunney, Jim.
  • Walsh, Seán.
  • Wilson, John P.
  • Wyse, Pearse.
Tellers: Tá, Deputies Kelly and B. Desmond; Níl, Deputies Lalor and Healy
Question declared carried
Barr
Roinn