Vol. 503 No. 3
87 Mr. Kenny asked the Minister for Finance his views on section 2 of the Finance Act, 1969, whereby no tax is due by artists in respect of certain artistic works; and the plans, if any, he has to change or alter this scheme in any way. [7238/99]
Income earned by artists, writers, composers and sculptors from the sale of their works is exempt from tax in Ireland in certain circumstances.
Section 195 of the Taxes Consolidation Act, 1997, formerly section 2 of the Finance Act 1969, empowers the Revenue Commissioners to make a determination that certain artistic works are original and creative works generally recognised as having cultural or artistic merit. Accordingly, earnings derived from such works are exempt from income tax.
The Revenue Commissioners can make determinations in respect of artistic works in the following categories: (a) a book or other writing, (b) a play, (c) a musical composition, (d) a painting or other like picture, and (e) a sculpture.
Claims for determinations submitted on or after 3 May 1994 are considered by the Revenue Commissioners under guidelines in relation to artist exemption drawn up by the Minister for Arts, Heritage, Gaeltacht and the Islands and An Comhairle Ealaíon with the consent of the Minister for Finance. I have no plans to alter the scheme at present.
