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Select Committee on Finance and General Affairs díospóireacht -
Thursday, 25 Apr 1996

SECTION 122.

I move amendment No. 97:

In page 118, between lines 45 and 46, to insert the following subsection:

"(6) For the avoidance of doubt a person shall be entitled in respect of growing stock to account for the value of same either at the end of the accounting year or at the end of the accounting year during which the stock was sold.".

This is an area of which I want the Minister and the Revenue Commissioners to take account. It relates to the valuation of stock for nursery growers. This is causing considerable difficulty at present and the IFA Nursery Growers Association has had meetings with the Revenue Commissioners about it.

The crux of the matter is how one values growing stock. Since farmers came within the VAT legislation in 1974, growing stocks were not valued for trading purposes. In my constituency and other parts of Ireland one of the growth industries in the past 15 years has been nursery stock and it has now entered the export market.

The Deputy is talking about garden centres.

Yes, but I am talking about people who would actually grow them as well. Some of the garden centres just buy in stock.

The Deputy is referring to the suppliers of the garden centres.

Yes. The figures show that the business has grown enormously and has been a great success. It is similar to the mushroom industry in that we found something we were particularly good at. In the interest of transparency, I must confess that some of these people are clients of my firm.

This is not derived from the Deputy's gardening experience then?

Certainly not, no more than the Minister himself. We are not noted for that.

I might be a little bit better than the Deputy.

I am useless, as the Minister knows. My better half is much more interested in that area and is quite good at it.

Some of these people had very small operations 15 years ago and there was no profit in it. One would have thought they would never make a living but over the years it has grown. Everybody is buying shrubs and it is a growth industry which has been a great success. Many people in my constituency are involved in the business and employ considerable numbers. It has worked very well.

In the preparation of accounts for those people, some accountants decided in the initial years not to value the stock at all on the basis that it was growing stock. These are stocks which start off as little shrubs or small trees and they are not sold until three to five years down the road. They were valued at nil. Other accountants decided to put some value on them and let them at that value for the whole period. There was an occasional case — I know of one in particular — where the full valuation was applied. Each year the client went out and valued the stock.

Since Revenue audits commenced, some of these people have been investigated in the normal course of the system. Some inspectors of taxes have decided that the full ordinary valuation stock rules must apply to these cases. It only concerns a time difference, because when the stock is eventually sold in the next five or six years the Revenue Commissioners will get their money. However, if the Revenue Commissioners insist on this valuation it will put some people out of business. They will have to pay a large sum of tax in one go and will not be able to do it.

There is another good reason for not putting any value on growing stocks. Stocks could be growing in the field and looking well today but in six months' time they could be gone. It makes no difference because if they come to fruition and money is made, it shows up in the accounts and the Revenue Commissioners get their money. It is only a time difference, but it has caused considerable angst among nursery stock growers.

At present some people have their stock at nil value, others have been allocated some value and the remainder have their stock at market value. Every self-employed person will be audited in the next couple of years. Some inspectors of taxes have applied the growing stock valuation rules and others have left matters as they stand. It is a simple problem to resolve. As a result of meetings between the IFA and the Revenue Commissioners, some ameliorating provisions or practices were to be put into effect but they would not go far enough.

One simple way I have devised is a once off measure of valuing downwards. Rather than valuing everything up, we could say that the growing stocks do not have to be valued. People can reduce the stock back to nil. I am sure one could include a provision whereby tax would not have to paid back and then everyone would be on the same basis.

This issue is causing anxiety. It has been a successful industry over the past ten years. Speaking professionally, if this is to be interpreted in this fashion it will put people out of business. It is not a tax avoidance because the tax will be paid in due course. It is a question of whether the Revenue Commissioners want all the tax today and put people out of business, or over the lifetime where they will get it in any event.

Anybody who studies law, whether taxation or anything else, wants certainty. An ambiguity should be construed under the principle of contra preferendum— in other words, in favour of the person who puts forward the idea. Deputy McCreevy has made a strong argument about the ambiguity that applies, particularly in relation to the multiplicity of ways in which the valuation procedure is conducted. He outlined three and I have some knowledge of it myself.

At the end of the day no money will be lost. As the growing stock matures it will be sold and the owners will achieve a profit. If they do not make a profit in three months' time, they will make it in nine months' time. We will not lose any revenue and this amendment will not impose a charge on the Exchequer. The market value will be levelled off. If it is written down in year one, it will mature in the second year and this will lead to an increase in taxation. I urge the Minister to accept this amendment.

As Deputy Penrose and Deputy McCreevy said, this is a complex area. In a letter to Deputy McCreevy on 15 March I stated that following a meeting in December, the Revenue Commissioners wrote to the association representing the nursery men on 5 January with the following proposal.

First, they invited the association members to make a formal voluntary disclosure to the Revenue Commissioners within the meaning of section 23 of the Finance Act, 1983, as regards the stock figures and any other matters which needed to be regularised. Second, they stated that a fair and reasonable approach would be taken in arriving at a value for opening stock. The calculation of this figure is strictly a matter for the association members. Factors such as nil cost of family labour used in tending to growing stock can be taken into account. The effect of increases in stock in the dropout year 1990 can also be deducted from the taxable opening figure. Revenue auditors may sample test the basis of arriving at the stock value to ensure it is fair and reasonable. Third, where cash flow difficulties arose the adjustment would be spread evenly over five years. No charge of interest would be applied and penalties would not be charged. That is not often allowed by the Revenue Commissioners. Fourth, the taxpayer would be given a written undertaking to value stock correctly on an acceptable basis at the end of each year from now on. Fifth, the taxpayer would be given a period of three months to contact Revenue if they wanted to avail of the above procedures. If any taxpayer did not avail of this arrangement, the normal audit procedures would apply if the case came up for audit.

There are two issues here. There is the problem which exists at present because of the different approaches adopted by different people in valuing their stock.

Different inspectors.

Possibly different inspectors. That problem is compounded, as Deputy Penrose said, by the fact that the law is not 100 per cent clear. Deputy McCreevy's amendment does not attempt to resolve the problem of interpretation, clarification or administrative co-ordination, all of which, in reference to the letter of 15 March, is on offer. The amendment proposes to add an additional relief. I am not prepared to accept a proposal for additional relief, but I am prepared to ensure that every facility is granted to the nursery men.

I have practical experience of this matter. There is a simple way to solve this problem which will not cost the Revenue or the taxpayer any money. Some Revenue officials have not clearly understood this matter and they have made a mountain out of a molehill. Farm tax was introduced in 1974 but it would never have got off the ground but for an inspector of taxes, a brother of a former Member of this House, who adopted pragmatic ideas to get farmers into the tax net. He was succeeded by people who adopted the same approach, which worked out well. Pragmatism and common sense would help to resolve this problem. If the Revenue Commissioners insist on doing it their way, they will cause unnecessary grief and hardship. This problem could be resolved if people used common sense.

Chairman

Is the Deputy pressing the amendment?

I will withdraw it if I am allowed to table it again on Report Stage. A few pragmatic people in the Revenue Commissioners could solve this problem. There will be no loss to the Exchequer.

Amendment, by leave, withdrawn.
Section 122 agreed to.
Section 123 agreed to.
NEW SECTION.

I move amendment No. 98:

In page 120, before section 124, to insert the following new section:

"124. — Section 22 of the Finance Act, 1974 is hereby amended—

(a) in subsection (2) by the substitution of 'six years' for 'seven years' and

(b) by the deletion of all words from and including 'Provided that' down to the end of the section and the substitution of the following:

‘Provided that as respects the first year of the aforesaid writing down period the writing down allowance to be made under this subsection shall be of an amount equivalent to 50 per cent. of the capital expenditure required as aforesaid and, as respects the last five years of the said writing down period, the writing down allowance to be made under this subsection shall be of an amount equal to 10 per cent. of the said capital expenditure.'.".

I do not accept this amendment.

Amendment, by leave, withdrawn.
Section 124 agreed to.
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