Finance Bill 2011: Financial Resolutions

I move the following Financial Resolutions:

THAT the Taxes Consolidation Act 1997 (No. 39 of 1997) be amended in the manner and to the extent specified in the Act giving effect to this Resolution to provide for the introduction of a universal social charge.

THAT section 470B of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for an age-related tax credit in respect of private health insurance premiums, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 473A of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for relief for fees paid for third level education, etc., be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT provision be made in the Act giving effect to this Resolution to insert into the Taxes Consolidation Act 1997 (No. 39 of 1997) a section to impose a charge to income tax in respect of employees who exercise their employment aboard an aircraft operated in international traffic and where the aircraft is so operated by an enterprise that has its place of effective management in the State.

THAT Schedule 13 to the Taxes Consolidation Act 1997 (No. 39 of 1997), which contains a list of the bodies that are required to operate professional services withholding tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT sections 950(1) and 958(2) of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relate to self assessment, sections 531AF(1) and 531AH(1)(a) of that Act, which relate to the charge to domicile levy, and sections 894(1) and 895(1) of that Act, which relate to certain returns of information, be amended in order to require returns due under those sections, for the years of assessment 2010 and subsequent years of assessment, and related tax payments to be made on 30 September each year as specified in the Act giving effect to this Resolution.

THAT sections 520 and 525 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relate to payments in respect of professional services by certain persons, Chapter 2 of Part 18 of that Act, which relates to payments to subcontractors in certain industries, section 904 of that Act, which relates to power of inspection, section 960O of that Act, which relates to priority for taxes in the event of winding up of companies, section 960P of that Act, which relates to priority for taxes in the event of bankruptcy, section 980 of that Act, which relates to deduction from consideration on disposal of certain assets, section 1077E of and Schedule 29 to that Act, which relate to penalties, section 1078 of that Act, which relates to Revenue offences, section 1089 of that Act, which relates to the status of interest on certain unpaid taxes and duties and section 16 of the Value-Added Tax Consolidation Act 2010 (No. 31 of 2010), which relates to reverse charge for certain supplies, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT the Taxes Consolidation Act 1997 (No. 39 of 1997) be amended in the manner and to the extent specified in the Act giving effect to this Resolution to provide for measures relating to false claims.

THAT sections 677(1) and 678(2) of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provide for investment allowances for the purposes of a trade of working a qualifying mine, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT the Taxes Consolidation Act 1997 (No. 39 of 1997) be amended in the manner and to the extent specified in the Act giving effect to this Resolution so as to provide that amounts settled by close companies on or after 21 January 2011 in connection with certain settlements will be treated as a distribution to the trustees of the settlement and that amounts received by certain individuals on or after that date from such settlements will be chargeable to income tax.

THAT section 20 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to charging to income tax under Schedule F dividends and distributions of a company resident in the State, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 817 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which relates to schemes to avoid liability to tax under Schedule F, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT Part 16 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for income tax relief for investment in corporate trades under the Business Expansion Scheme and the Seed Capital Scheme, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 486C of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for relief from tax for certain start-up companies, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT the Taxes Consolidation Act 1997 (No. 39 of 1997) be amended in the manner and to the extent specified in the Act giving rise to this Resolution to provide for the amendment of the tax treatment of interest on loans applied for certain purposes.

THAT sections 243 and 247 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provide for allowances of charges on income and relief to companies on loans applied in acquiring interest in other companies, be amended in the manner and to the extent specified in the Act giving rise to this Resolution.

THAT section 221 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides an exemption from corporation tax for certain payments for farm relief services made by the Minister for Agriculture, Fisheries and Food to National Co-operative Farm Relief Services Limited be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 110 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides rules for the taxation of securitisation transactions, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 766 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for a tax credit on certain expenditure on research and development activities, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT Chapter 3 of Part 3 of the Finance Act 2010 (No. 5 of 2010), which provides for solid fuel carbon tax, be amended, in respect of the liability to pay that tax, in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT provision be made in the Act giving effect to this Resolution for—

(a) imposing a duty of excise, to be known as remote bookmaker’s licence duty, on the granting and renewal of remote bookmakers’ licences,

(b) imposing a duty of excise, to be known as remote betting intermediary’s licence duty, on the granting and renewal of remote betting intermediaries’ licences,

(c) applying betting duty under section 67 of the Finance Act 2002 (No. 5 of 2002) to bets made, laid or otherwise entered into with persons in the State by remote bookmakers,

(d) imposing a duty of excise, to be known as betting intermediary duty, on betting intermediaries’ commission charges, in accordance with the provisions of that Act.

THAT section 132 of the Finance Act 1992 (No. 9 of 1992), which provides for the charging of excise duty (vehicle registration tax), be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 135C of the Finance Act 1992 (No. 9 of 1992), which provides for the remission or repayment in respect of vehicle registration tax on the registration of certain hybrid electric vehicles, certain flexible fuel vehicles, certain plug-in hybrid electric vehicles, certain electric vehicles or certain electric motorcycles, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 125A of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999), which provides for a stamp duty in the form of a levy on authorised insurers, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 106B of the Stamp Duties Consolidation Act 1999 (No. 31 of 1999) which exempts from stamp duty any instrument giving effect to the conveyance, transfer or lease of a house, building or land by a housing authority, as specified in Schedule 1 to that Act, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT, as respects a gift or an inheritance taken on or after 21 January 2011—

(a) section 89(4) of the Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003), which provides for a clawback of agricultural relief,

(b) section 102A(2) of the Capital Acquisitions Tax Consolidation Act 2003, which provides for a clawback of agricultural and business relief granted in respect of the development value of development land, and

(c) section 104(3) of the Capital Acquisitions Tax Consolidation Act 2003, which provides for a clawback where a credit has been granted for any capital gains tax paid against gift tax or inheritance tax chargeable, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT, as respects a gift or an inheritance taken on or after 21 January 2011, section 76(1)(b) of the Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003), which relates to the threshold that applies to a gift or an inheritance which is taken for public or charitable purposes, and the definition of "threshold amount" in paragraph 1 of Part 1 of Schedule 2 to that Act, which relates to the indexation of the capital acquisitions tax thresholds, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT, as respects returns delivered and tax paid on or after 21 January 2011 -

(a) section 46(2A) of the Capital Acquisitions Tax Consolidation Act 2003 (No. 1 of 2003), which relates to the delivery of returns and the payment of tax,

(b) section 51(2)(a) of the Capital Acquisitions Tax Consolidation Act 2003, which relates to charging interest on tax which is overdue, and

(c) section 53A(1) of the Capital Acquisitions Tax Consolidation Act 2003, which relates to the surcharge for late returns, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 76 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which provides for the application of income tax principles to the computation of income for corporation tax purposes, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT sections 118, 120A and 122 of the Taxes Consolidation Act 1997 (No. 39 of 1997), which deal with the taxation of benefit-in-kind, be amended in the manner and to the extent specified in the Act giving effect to this Resolution.

THAT section 16 of the Value-Added Tax Consolidation Act 2010 (No. 31 of 2010), which relates to persons accountable for value-added tax, be amended in the manner and to the extent specified in the Act giving effect to this Resolution, to provide that a taxable person carrying on a business in the State, who receives a supply of scrap metal in the course of that business from another taxable person carrying on a business in the State, be made accountable and liable to pay the tax chargeable on such supply.

Question put.
The Dáil divided: Tá, 81; Níl, 76.

  • Ahern, Bertie.
  • Ahern, Michael.
  • Ahern, Noel.
  • Andrews, Barry.
  • Andrews, Chris.
  • Ardagh, Seán.
  • Aylward, Bobby.
  • Behan, Joe.
  • Blaney, Niall.
  • Brady, Áine.
  • Brady, Cyprian.
  • Brady, Johnny.
  • Browne, John.
  • Byrne, Thomas.
  • Calleary, Dara.
  • Carey, Pat.
  • Collins, Niall.
  • Conlon, Margaret.
  • Connick, Seán.
  • Coughlan, Mary.
  • Cowen, Brian.
  • Cregan, John.
  • Cuffe, Ciarán.
  • Curran, John.
  • Dempsey, Noel.
  • Devins, Jimmy.
  • Dooley, Timmy.
  • Fahey, Frank.
  • Finneran, Michael.
  • Fitzpatrick, Michael.
  • Fleming, Seán.
  • Flynn, Beverley.
  • Gogarty, Paul.
  • Gormley, John.
  • Hanafin, Mary.
  • Harney, Mary.
  • Haughey, Seán.
  • Healy-Rae, Jackie.
  • Hoctor, Máire.
  • Kelleher, Billy.
  • Kelly, Peter.
  • Kenneally, Brendan.
  • Kennedy, Michael.
  • Killeen, Tony.
  • Kitt, Michael P.
  • Kitt, Tom.
  • Lenihan, Brian.
  • Lenihan, Conor.
  • Lowry, Michael.
  • McEllistrim, Thomas.
  • McGrath, Michael.
  • McGuinness, John.
  • Mansergh, Martin.
  • Martin, Micheál.
  • Moloney, John.
  • Moynihan, Michael.
  • Mulcahy, Michael.
  • Nolan, M.J.
  • Ó Cuív, Éamon.
  • Ó Fearghaíl, Seán.
  • O’Brien, Darragh.
  • O’Connor, Charlie.
  • O’Dea, Willie.
  • O’Donoghue, John.
  • O’Flynn, Noel.
  • O’Hanlon, Rory.
  • O’Keeffe, Batt.
  • O’Keeffe, Edward.
  • O’Rourke, Mary.
  • O’Sullivan, Christy.
  • Power, Peter.
  • Power, Seán.
  • Roche, Dick.
  • Ryan, Eamon.
  • Sargent, Trevor.
  • Scanlon, Eamon.
  • Smith, Brendan.
  • Treacy, Noel.
  • Wallace, Mary.
  • White, Mary Alexandra.
  • Woods, Michael.

Níl

  • Allen, Bernard.
  • Bannon, James.
  • Barrett, Seán.
  • Breen, Pat.
  • Broughan, Thomas P.
  • Bruton, Richard.
  • Burke, Ulick.
  • Burton, Joan.
  • Byrne, Catherine.
  • Carey, Joe.
  • Clune, Deirdre.
  • Connaughton, Paul.
  • Coonan, Noel J..
  • Costello, Joe.
  • Coveney, Simon.
  • Crawford, Seymour.
  • Creighton, Lucinda.
  • D’Arcy, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Doherty, Pearse.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Enright, Olwyn.
  • Feighan, Frank.
  • Ferris, Martin.
  • Flanagan, Charles.
  • Flanagan, Terence.
  • Gilmore, Eamon.
  • Grealish, Noel.
  • Hayes, Brian.
  • Hayes, Tom.
  • Higgins, Michael D.
  • Hogan, Phil.
  • Kehoe, Paul.
  • Kenny, Enda.
  • Lynch, Ciarán.
  • Lynch, Kathleen.
  • McCormack, Pádraic.
  • McEntee, Shane.
  • McGinley, Dinny.
  • McGrath, Finian.
  • McHugh, Joe.
  • McManus, Liz.
  • Mitchell, Olivia.
  • Morgan, Arthur.
  • Naughten, Denis.
  • Neville, Dan.
  • Noonan, Michael.
  • Ó Caoláin, Caoimhghín.
  • Ó Snodaigh, Aengus.
  • O’Donnell, Kieran.
  • O’Dowd, Fergus.
  • O’Keeffe, Jim.
  • O’Mahony, John.
  • O’Shea, Brian.
  • O’Sullivan, Jan.
  • O’Sullivan, Maureen.
  • Penrose, Willie.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Shatter, Alan.
  • Sheahan, Tom.
  • Sheehan, P.J.
  • Sherlock, Seán.
  • Shortall, Róisín.
  • Stagg, Emmet.
  • Stanton, David.
  • Timmins, Billy.
  • Tuffy, Joanna.
  • Upton, Mary.
  • Varadkar, Leo.
  • Wall, Jack.
Tellers: Tá, Deputies John Cregan and John Curran; Níl, Deputies Emmet Stagg and Paul Kehoe.
Question declared carried.