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Gnáthamharc

Tuesday, 20 Jun 2017

Written Answers Nos 289-308

Living City Initiative

Ceisteanna (290)

Barry Cowen

Ceist:

290. Deputy Barry Cowen asked the Minister for Finance his views on the fact that the uptake of the Living City initiative has been lower than anticipated or desired from a policy perspective; the reason for the low take up; his further views on the fact that claiming for the LCI is unnecessarily complicated and could be made more user friendly (details supplied); his further views on the fact that the public knowledge of the scheme is very low; and his views on whether more regeneration areas should be covered under the scheme. [27826/17]

Amharc ar fhreagra

Freagraí scríofa

The Living City Initiative was originally introduced in Finance Act 2013 on a pilot basis to encourage the regeneration of the historic cities of Waterford and Limerick. As you may be aware, the original intention was to restrict the scheme to Georgian houses.  The particular focus of the scheme was to encourage people back to the centres of these cities to live in historic buildings, in particular Georgian houses, and to encourage the regeneration of the retail heartland of central business districts. Following an ex-ante cost/benefit analysis of the scheme and consideration of submissions from interested parties, I decided to extend the Initiative in 2014 to the cities of Dublin, Cork, Galway, and Kilkenny and to broaden its scope to include all houses constructed prior to 1915. The pre-1915 requirement only applies to the residential elements of the scheme (owner-occupier and rented residential) and not to the commercial element which does not have such a restriction.

To date, take-up of the Living City Initiative scheme has been lower than anticipated.  Officials in my Department reviewed the Living City Initiative in 2016 in consultation with the relevant councils and the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs. This review was included in the Report on Tax Expenditures (October 2016) that was published on Budget Day.

In light of the findings in the report, I announced a number of changes to the scheme in Budget 2017 in order to make it more attractive and effective. The principal change extended the residential element of the scheme to landlords, who are now able to claim the relief by way of accelerated capital allowances for the conversion and refurbishment of property, which was built prior to 1915, where such property is to be used for residential purposes. In addition, I also decided to remove the requirement for a pre-1915 building to have been originally constructed for use as a dwelling in order to qualify for the residential element of the Initiative. The floor area restriction for owner-occupiers has also been removed, while the minimum amount of capital expenditure required for eligibility for relief, under all elements of the scheme, was also amended and must now only exceed €5,000. The possibility of extending the special regeneration areas was considered, but I decided that such a change would dilute the incentive's potential impact on the originally targeted areas and that it would be better to get it working effectively before considering any further extension of the areas eligible.

I am advised by Revenue that the number of applications received by the Councils for relief under the residential element of the scheme has increased from 51 in November 2016, before the amendments were introduced, to 61 in April 2017. The scheme was publicised and promoted by way of town hall meetings/workshops and door-to-door leaflet drops organised by the relevant City and County Councils following its launch in May 2015. These workshops were also attended by a representative from Revenue to provide more detailed information as required. Information regarding the Incentive is also available on the websites of Revenue, Department of Finance and the relevant City and County Councils. In addition, my officials have been in contact with officials in the Department of Arts, Heritage, Regional, Rural and Gaeltacht Affairs with regard to potential opportunities to further promote the incentive.

Motor Insurance

Ceisteanna (291)

Shane Cassells

Ceist:

291. Deputy Shane Cassells asked the Minister for Finance his plans to address the high motor insurance costs which emigrants are facing when they return to live and work here; and if he will make a statement on the matter. [27840/17]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation.  Neither I nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.  Consequently, I am not in a position to direct insurance companies as to the pricing level that they should apply to particular categories of individuals such as returning emigrants.  

Notwithstanding the above, I am aware of the problems that high motor insurance costs is causing returning emigrants and in this regard the Deputy should note that the issue was considered by the Cost of Insurance Working Group which published its motor insurance report in January 2017. 

Recommendation 6 of the Report, in particular, aims to address the problems faced by returning emigrants regarding the recognition of no claims bonuses through the introduction of a standard protocol for insurance providers, to ensure a greater consistency of treatment for returning emigrants.  This is required to be in place by the end of 2017.

Also, the Deputy should be aware that by the end of Q2 2017, insurers are being asked to implement procedures when pricing a policy to enable the acceptance of driver experience from abroad when a person has previous driving experience in Ireland and is coming from a country that drives on the left side of road. By the end of Q4 2017, insurers are being asked to implement a similar procedure in relation to experience gained in a country that drives on the right hand side of the road.  Insurance Ireland will submit a report to my Department on the implementation of these procedures in Q2 and Q4 2017.

Appointments to State Boards

Ceisteanna (292)

Eamon Ryan

Ceist:

292. Deputy Eamon Ryan asked the Minister for Finance if any former TDs have been appointed to State boards under his remit by the public appointments service; if so, the names and positions of same; and if he will make a statement on the matter. [28215/17]

Amharc ar fhreagra

Freagraí scríofa

In response to the Deputy's question, I have been advised that no former TDs have been appointed to any of the eighteen bodies under the aegis of my Department by the public appointments service.

Tax Code

Ceisteanna (293)

Eamon Scanlon

Ceist:

293. Deputy Eamon Scanlon asked the Minister for Finance the reason a company (details supplied) that was put on the 0% rate of RCT in April 2017 is now subject to a 20% rate of RCT; and if he will make a statement on the matter. [27946/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by Revenue that there were outstanding compliance matters that gave rise to the company concerned being subject to a Relevant Contracts Tax deduction rate of 20%. There is one remaining compliance issue still to be resolved and once this is resolved the deduction rate will be amended to 0% by Revenue. I understand that Revenue will make direct contact with the company to clarify the remaining compliance issue that needs to be attended to.

Property Tax Exemptions

Ceisteanna (294)

Thomas Byrne

Ceist:

294. Deputy Thomas Byrne asked the Minister for Finance the reason an exemption from property tax for persons (details supplied) was withdrawn. [27948/17]

Amharc ar fhreagra

Freagraí scríofa

Local Property Tax (LPT) is a self-assessed tax that places the onus on property owners to correctly claim exemptions in accordance with the legislation as set down.

As part of its LPT compliance programme, Revenue carries out ongoing checks to ensure the various exemptions are correctly claimed and must withdraw the relief and collect the outstanding liabilities where they are not properly due.

The persons in question filed the statutory LPT return in 2013 and claimed an exemption from LPT on the basis of pyritic damage to their property. Supporting documentation subsequently confirmed that the property was remediated in 2012, prior to the commencement of LPT and on that basis does not qualify for the exemption. This left Revenue with no option but to withdraw the relief and seek to collect the LPT liabilities for the years 2013 to 2017 inclusive.

Revenue has assured me that it will engage with the persons concerned in identifying a mutually acceptable payment solution that suits their particular circumstances.

Disabled Drivers and Passengers Scheme

Ceisteanna (295)

Patrick O'Donovan

Ceist:

295. Deputy Patrick O'Donovan asked the Minister for Finance his views on a matter (details supplied) regarding tax relief legislation; and if he will make a statement on the matter. [28028/17]

Amharc ar fhreagra

Freagraí scríofa

The Disabled Drivers and Disabled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT, up to a certain limit, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities, payment of a fuel grant, and an exemption from Motor Tax.

To qualify for the Scheme an applicant must be in possession of a Primary Medical Certificate. To qualify for a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994 and satisfy one of the following conditions:

- be wholly or almost wholly without the use of both legs;

- be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

- be without both hands or without both arms;

- be without one or both legs;

- be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

- have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The Senior Medical Officer for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. A successful applicant is provided with a Primary Medical Certificate, which is required under the Regulations to claim the reliefs provided for in the Scheme. An unsuccessful applicant can appeal the decision of the Senior Medical Officer to the Disabled Drivers Medical Board of Appeal, which makes a new clinical determination in respect of the individual. The Regulations mandate that the Medical Board of Appeal is independent in the exercise of its functions to ensure the integrity of its clinical determinations.

The criteria to qualify for the Scheme are necessarily precise and specific.  After six months a citizen can reapply if there is a deterioration in their condition.

The Scheme represents a significant tax expenditure. Between the Vehicle Registration Tax and VAT foregone, and fuel grant provided for members of the Scheme, the Scheme represented a cost of €65 million in 2016. This does not include the revenue foregone to the Local Government Fund in respect of the relief from Motor Tax provided to members of the Scheme. 

I recognise the important role that the Scheme plays in expanding the mobility of citizens with disabilities and that the relief has been maintained at current levels throughout the crisis despite the requirement for significant fiscal consolidation. From time to time I receive representations from individuals who feel they would benefit from the Scheme but do not qualify under the six criteria. While I have sympathy for these cases, given the scale and scope of the Scheme, I have no plans to expand the medical criteria beyond the six currently provided for in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994.

Stability and Growth Pact

Ceisteanna (296, 297)

Pearse Doherty

Ceist:

296. Deputy Pearse Doherty asked the Minister for Finance further to parliamentary Question No. 143 of 30 May 2017, the impact on the fiscal space in 2017 and the following years if his Department fails to persuade the EU Commission that the retrospective change cited should not be made; and if he will make a statement on the matter. [28080/17]

Amharc ar fhreagra

Pearse Doherty

Ceist:

297. Deputy Pearse Doherty asked the Minister for Finance if, as per the council recommendation on the 2017 national reform programme for Ireland COM (2017) 507 final, further fiscal adjustments are required in 2017 in order to comply with the fiscal rules; and if he will make a statement on the matter. [28081/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 296 and 297 together.

As the Deputy is aware projections of revenue and expenditure, as set out in Budget 2017 last October, were assessed as being broadly compliant by the European Commission. This included an expected deviation under the expenditure benchmark of approximately €200 million in relation to increased national contributions to the EU Budget.

The European Commission published its recommendation for a Council Recommendation on the 2017 National Reform Programme of Ireland and delivering a Council opinion on the 2017 Stability Programme of Ireland on the 22  May 2017. Recital eight of the Commission's recommendation calls for Ireland "to achieve an annual fiscal adjustment of 0.6% of GDP towards the medium-term budgetary objective in 2017".

This relates to the required improvement in the structural balance. The Commission's assessment of the 2017 stability programme for Ireland shows that, while there is a deviation under the structural balance pillar, its own forecasts show Ireland as being compliant in 2017.

In regards to the structural balance, both the Commission and Ireland have repeatedly stated that the output gap methodology is subject to considerable volatility and is unsuitable for a small and open economy such as ours. The Commission recommend the expenditure benchmark as the more appropriate reflection of underlying fiscal effort.

In its assessment under the expenditure benchmark pillar the Commission show a deviation in both 2016 and 2017. In the two-year assessment these deviations combined constitute a significant deviation. In its Ex-post Assessment of compliance with the Domestic Budgetary Rule 2016, the Irish Fiscal Advisory Council showed that we were strongly compliant in 2016.  Therefore we could not have a significant deviation under the two-year assessment. This is only possible with retrospective implementation of a methodological change agreed in late 2016, which is what the Commission show in the DG ECFIN staff Assessment of Ireland's 2017 stability programme.

As I set out in my answer to PQ 143 of 30 May 2017, the Commission’s 2017 version of the Vade Mecum on the stability and growth pact states that “compliance with already adopted Council recommendations will continue to be assessed on the basis of methodologies described in the 2016 version of the Vade Mecum”

In future, the Commission will take one-offs systematically into account in the assessment process.  However in my view, it cannot be retrospectively applied to 2016 expenditure benchmark assessment or to the 2016/2017 average.  My officials have raised this at European level and the Commission have admitted that there may be legal uncertainty with the approach taken its assessment methodology. My officials continue to engage bilaterally with the Commission on this point.

It is not possible to estimate the impact of this methodological change on fiscal space in future years because it will depend on the one-offs that occur.

Michael Noonan

The European Commission published its recommendation for a Council Recommendation on the 2017 National Reform Programme of Ireland and delivering a Council opinion on the 2017 Stability Programme of Ireland on the 22 May 2017. My officials are currently examining the recommendation and the Commission staff's assessment of Ireland's 2017 Stability Programme Update.

Recital eight of the Commission's recommendation calls for Ireland ‘to achieve an annual fiscal adjustment of 0.6% of GDP towards the medium-term budgetary objective in 2017. Based on the Commission's 2017 spring forecast, there is a risk of a significant deviation from the recommended fiscal adjustment over 2016 and 2017 taken together’.

The EU Commission’s own forecasts estimate that the required 0.6% of GDP improvement in Ireland’s structured balance will be delivered in 2017 and that the average deviation for 2016 and 2017 taken together is 0.1% of GDP. Accordingly, the reference to a risk above would appear to refer to the expenditure benchmark.

The Deputy should be aware that a methodological change was agreed in late 2016 to the way compliance with the expenditure benchmark will be assessed going forward. In future, the Commission will take one-offs systematically into account in the assessment process. However in my view, it cannot be retrospectively applied to 2016 expenditure benchmark assessment or to the 2016/2017 average. Indeed, the 2017 version of the Vade Mecum states that “in order to preserve Member States’ legitimate expectations, compliance with already adopted Council recommendations will continue to be assessed on the basis of methodologies described in the 2016 version of the Vade Mecum."

Nonetheless, the Commission appears to have retrospectively applied this change in its calculations and this would appear to be the basis of its statement. My officials are taking this issue up bilaterally with the European Commission.

Fiscal Policy

Ceisteanna (298)

Pearse Doherty

Ceist:

298. Deputy Pearse Doherty asked the Minister for Finance the consequences of the State being found to be in a situation in which a significant deviation has occurred under the fiscal rules; and if he will make a statement on the matter. [28082/17]

Amharc ar fhreagra

Freagraí scríofa

There are mechanisms for addressing non-compliance with the fiscal rules both domestically and in an EU Regulation, Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coodination of economic policies. The Fiscal Responsibility Act of 2012 enshrines fiscal policy rules in law and established the Irish Fiscal Advisory Council (IFAC) as the independent body at national level with responsibility for monitoring observance of the fiscal rules.

Under the Regulation, the European Commission is required to address a warning to a Member State in the event of a significant observed deviation from the adjustment path towards the medium-term budgetary objective. With regard to the structural balance, a significant deviation is defined as being at least 0.5% of GDP away from the adjustment path in a single year or at least 0.25% of GDP on average per year in two consecutive years. With regard to the expenditure benchmark, a significant deviation is one that has a total impact on the general government balance of at least 0.5% of GDP in a single year or cumulatively in two consecutive years. Within one month of the warning, the Council is required to examine the situation and adopt a recommendation for the necessary policy measures to correct the deviation by a set deadline.

Under the Fiscal Responsibility Act 2012 and in line with the requirement in the Fiscal Compact that a correction mechanism shall be triggered automatically, the Government is required to prepare and present a corrective action plan to Dáil Éireann within two months of either the warning of a significant deviation from the European Commission or if the Government consider that there is a failure to comply with the budgetary rule which constitutes a significant deviation. The corrective action plan must specify the period over which the significant deviation will be corrected, set annual targets if the period is longer than a year and specify the size and nature of the revenue and expenditure measures to be adopted. Furthermore, the plan must be consistent with the recommendation addressed to Ireland by the Council.

The European Commission monitors compliance with the Council recommendation. If the MS does not take effective action within the relevant deadline, the Council will make a second recommendation on the lack of effective action and a revised recommendation on action to be taken. If following this there is no action the MS is subject to an interest bearing deposit of 0.2 per cent of GDP. If the MS subsequently takes effective action to correct the deviation the deposit plus interest is returned.

Separately, IFAC monitors compliance by the Government with the corrective action plan presented to Dáil Éireann. If this assessment find non-compliance, then the Government is required to take steps to restore compliance or, if the Government does not accept the assessment, the Government must prepare and lay a statement before Dáil Éireann within two months.

However, subject to the nature and severity of a significant deviation, there would be a high potential for adverse debt market outcomes. Bond yields in the secondary market for Irish debt would be likely to increase. If such increased yields persisted, then the cost of raising debt to fund new expenditure or to role over maturing bonds would increase and this would feed through to the general government balance. Increasing debt cost would reduce the money available for expenditure and tax reform.

Departmental Expenditure

Ceisteanna (299)

Timmy Dooley

Ceist:

299. Deputy Timmy Dooley asked the Minister for Finance the amount spent by his Department on designing, implementing and supporting the Eircode system in each of the years from 2011 to 2016 and to date in 2017, in tabular form. [28139/17]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that my Department has not incurred any cost in designing, implementing and supporting the Eircode system in each of the years from 2011 to 2016 and to date in 2017.

Since the introduction of Eircode, efforts made by my Department in implementing it include incorporating Eircodes into all departmental/office addresses on our websites, on new stationery and in email signatures. In addition, the relevant Eircodes are included in public consultation exercises, publications, presentations and other corporate communications.

The Department will continue to incorporate Eircode into new systems, forms and processes as they are developed.

Insurance Costs

Ceisteanna (300)

Robert Troy

Ceist:

300. Deputy Robert Troy asked the Minister for Finance his plans to ensure that insurance companies will quote private policy holders for commercial vehicles (details supplied). [28221/17]

Amharc ar fhreagra

Freagraí scríofa

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation.  Neither I nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.  Consequently, I am not in a position to direct insurance companies as to the pricing level that they should apply to particular categories of individuals or vehicles, such as those listed in the details provided. 

I am advised that insurers use a combination of rating factors in making their individual decisions on whether to offer cover and what terms to apply.  These terms can include, for example, the age of the driver, the type and age of car, the claims record, driving experience and penalty points of the driver, the number of drivers and how the car is used.  My understanding is that insurers do not all use the same combination of rating factors, and as a result prices and availability of cover varies across the market. In addition, insurance companies will price in accordance with their own past claims experience. 

Finally, you should be aware that Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance.  Insurance Ireland can be contacted at feedback@insuranceireland.eu or 01-6761914.

Tax Reliefs Application

Ceisteanna (301)

Peter Burke

Ceist:

301. Deputy Peter Burke asked the Minister for Finance if a person (details supplied) in County Westmeath qualifies for agricultural relief under favourite nephew relief; and if he will make a statement on the matter. [28262/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by Revenue that there are two forms of relief from Capital Acquisitions Tax (CAT) that are relevant in the circumstances outlined by the Deputy.

The first, known as ‘agricultural relief’, may apply to reduce the taxable value of a gift or inheritance of agricultural property, including land, by 90% once certain conditions are satisfied. The second, referred to ‘favourite nephew’ (or ‘favourite niece’) relief, applies the highest Group A tax-free threshold for CAT liability, normally applied to gifts or inheritances between parents and children, to a niece or nephew in certain circumstances. Both reliefs may apply to the same gift or inheritance.

Agricultural relief

Section 89 of the Capital Acquisitions Tax Consolidation Act (CATCA) 2003 provides for agricultural relief. The relief takes the form of a 90% reduction in the taxable value of the gifted or inherited agricultural property.

To qualify for the relief, the person taking the gift or inheritance (the 'beneficiary') of the agricultural property must qualify as a 'farmer' for the purpose of section 89 CATCA 2003. This means that a beneficiary's agricultural property must comprise at least 80% by gross market value of the beneficiary's total property at a particular date.

In addition, for gifts and inheritances taken on or after 1 January 2015, a beneficiary, or a lessee where the beneficiary leases the agricultural land, must actually farm the land on a commercial basis for a period of at least 6 years after taking the gift or inheritance. The holder of a ‘green certificate’ (of relevant education), while required to actually farm the land, is not subject to the requirement that he or she spends at least 50% of his or her normal working time doing this.

Favourite niece or nephew relief

The relationship between the person who provides the gift or inheritance (i.e. the disponer) and the beneficiary determines the threshold, known as the ‘Group threshold’, for the value of gifts or inheritances below which gift or inheritance tax does not arise. Any prior gift or inheritance received by a beneficiary since 5 December 1991 from within the same Group threshold is aggregated for the purposes of determining whether any tax is payable on the current benefit.

Ordinarily, a disponer’s nephew or niece is entitled to the Group B tax-free threshold of €32,500. However, a nephew or niece who has worked substantially on a full-time basis for a period of five years prior to the gift or inheritance in carrying on, or assisting in carrying on, a disponer’s trade, business or profession is entitled to the higher Group A tax-free threshold of €310,000.

The Deputy has not provided sufficient information to enable Revenue to give a definitive answer as to whether or not agricultural relief and/or ‘favourite nephew’ relief would apply in the circumstances outlined.  The uncle/nephew in question is advised to contact his local Revenue office with further information so that a definite answer can be obtained

Departmental Schemes

Ceisteanna (302, 304)

Barry Cowen

Ceist:

302. Deputy Barry Cowen asked the Minister for Finance if his Department or a body under its aegis conducted research on the success of the living over the shop incentive schemes; the estimated costs of the different schemes since 1994; and the number of refurbishment projects and residential units created in each year under the schemes. [28264/17]

Amharc ar fhreagra

Barry Cowen

Ceist:

304. Deputy Barry Cowen asked the Minister for Finance if his Department or a body under its aegis conducted research on the success of the living over the shop incentive schemes; the reason for the low number of residential units created under the schemes; and the detail of this research. [28267/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 302 and 304 together.

The Living over the Shop (LOTS) incentive was introduced in 2001 in the five city boroughs of Cork, Dublin, Galway, Limerick and Waterford. It provided relief of 100 per cent for eligible expenditure on the refurbishment or conversion of under-utilised space for residential accommodation at a rate of 10 per cent per annum over 10 years, against total income. The incentive closed to new claimants in mid-2006.

The estimated total cost to the Exchequer of the scheme was some €48.7m and an estimated 440 residential units were delivered.

A review of various existing tax incentives was undertaken by my Department, in part internally and in part by Indecon and Goodbody Economic Consultants, and included an examination of the LOTS incentive. The review was published in three volumes in February 2006. Volume two, the Goodbody Review of Area Based Tax Incentive Renewal Schemes, sets out detailed statistics and findings in relation to the LOTS incentive (pp. 111-130).

- At paragraph 7.4.5, the report notes that between 2001 and mid-2006, the estimated cost to the Exchequer was some €35.5m.

- In addition, Revenue has advised me that between 2007 and 2014 (inclusive) the cost to the Exchequer was some €12.9m and in 2015 the provisional cost was some €0.3m.

- An estimated 440 residential units were delivered (paragraph 7.4.2).

At paragraph 7.6.2.1, the review identifies the following reasons for the relatively limited take-up of the LOTS incentive:

- The prospect of taking on an extensive refurbishment project may not have appealed to individuals whose primary occupation was in retail;

- The potential for disruption to the retail business for the duration of the development work may have dissuaded shopkeepers from developing their premises;

- Shopkeepers may have had to relinquish valuable retail or storage space to allow for access to the residential accommodation;

- There may have been security concerns associated with having tenants living above commercial premises;

- A residential unit over a shop may not be attractive to potential tenants given the availability of alternative apartments in purpose built apartment blocks which may offer better facilities. For this reason it is also likely that above the shop units would not be attractive to owner-occupiers, leaving the developer dependent on rental income to provide a return on the investment;

- There were sometimes difficulties in marketing the Scheme due to problems in identifying owners as distinct from tenants of properties; and

- As the designated streets for this scheme were in city centre locations, they may not have been attractive places to live given the proximity of bars and night-clubs resulting in noise, litter and anti-social behaviour.

The review may be found at:

http://www.finance.gov.ie/sites/de fault/files/Taxrev2006vol2_0.pdf

Housing Issues

Ceisteanna (303)

Catherine Murphy

Ceist:

303. Deputy Catherine Murphy asked the Minister for Finance the status of his Department's efforts to establish an off balance sheet mechanism to provide a housing investment fund for the purposes of significant housing development as promised under action 2.4 of Rebuilding Ireland; the reason the timeline set down in Rebuilding Ireland has not been met; and if he will make a statement on the matter. [28265/17]

Amharc ar fhreagra

Freagraí scríofa

The NTMA have confirmed to my officials that it has not been possible to meet the deadline for the Rebuilding Ireland Action. Despite this in the social and affordable market, in line with Rebuilding Ireland commitments, the Ireland Strategic Investment Fund (ISIF) and a number of key Government Departments are continuing to examine the feasibility of establishing a funding vehicle, in conjunction with the private sector, which could facilitate investment in social and affordable housing. The objective is to assess the feasibility of an 'off-balance' mechanism to facilitate investment in social housing which is additional to that being provided directly by the State and which does not impact on the General Government Balance. 

Whilst a major objective of any such funding vehicle is to leverage additionality in terms of social housing supply, work to date indicates that a substantial portion of the overall supply of new units may need to be for private housing to meet the commerciality test and to satisfy the requirements of an off-balance sheet investment model.   

Important preparatory work has been completed by ISIF in conjunction with my Department, the Department of Housing, Planning, Community and Local Government, CSO and Eurostat. As part of this process there have been clarifications on the balance sheet treatment of such a fund through discussions with Eurostat, the CSO and the EIB. Further detailed work is on-going in ISIF in relation to the commercial viability of such fund and in terms of identifying investable private sector opportunities and platforms to deliver on the potential in this area.

Question No. 304 answered with Question No. 302.

Tax Exemptions

Ceisteanna (305)

Pearse Doherty

Ceist:

305. Deputy Pearse Doherty asked the Minister for Finance the cost of exempting IREF funds from stamp duty on the transfer of shares; and if he will make a statement on the matter. [28335/17]

Amharc ar fhreagra

Freagraí scríofa

Finance Act 2016 contained a number of measures in relation to IREFs, including Stamp Duty exemptions intended to facilitate the transfer of a business out of an IREF and into a legal structure in which it would be more normal to see such a business conducted. 

These Stamp Duty exemptions are:

- Section 739V (5) of the Taxes Consolidation Act (TCA) 1997, in respect of a transfer of the business of an IREF into a company before 1 July 2017, and

- Section 739W (6), in respect of a transfer of the property rental business of an IREF into a REIT before 31 December 2017. 

These provisions provide for the new legal structure to step into the shoes of the IREF. As such, it was not anticipated that there would be any tax cost associated with these Stamp Duty exemptions.

These exemptions apply to the transfer of IREF assets, which broadly speaking are assets that derive their value from Irish property.  While such assets may include shares that derive their value from Irish property, it is considered more likely that IREF assets are real property and loans that derive their value from Irish property. 

There are other Stamp Duty exemptions pre-dating Finance Act 2016 that may be available to an IREF that comes within the meaning of “investment undertaking” in section 739B TCA 1997. These are:

- Section 88 Stamp Duties Consolidation Act (SDCA) 1999, in relation to transfers of stock and securities of investment undertakings.

- Section 88D SDCA 1999, in relation to the re-organisation of investment undertakings.   

I am informed by Revenue that there is no requirement to file a Stamp Duty return in relation to the exemptions provided for by sections 739V and 739W TCA 1997 and sections 88 and 88D SDCA 1999. There is, therefore, no basis on which to provide a cost for such exemptions.

Tax Exemptions

Ceisteanna (306)

Pearse Doherty

Ceist:

306. Deputy Pearse Doherty asked the Minister for Finance the cost of exempting IREF funds from VAT on property management fees; and if he will make a statement on the matter. [28336/17]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Revenue Commissioners that the information furnished on VAT returns does not require the yield from particular trades or activities to be separately identified, the VAT incurred on property management fees is not readily identifiable. Therefore, it is not possible to provide the cost of exempting IREF funds from VAT on property management fees.

The Deputy may wish to note that Irish VAT law provides that the management of an undertaking specified in paragraph 6(2) of Schedule 1 of the VAT Consolidation Act 2010 is an exempt activity.  Paragraph 6(4) of Schedule 1 sets out that the management of that undertaking can consist of “any one or more of the 3 functions listed in Annex II of Directive No. 85/611/EEC of the European Parliament and Council (being the functions included in the activity of collective portfolio management) where the relevant function is supplied by the person who has responsibility for carrying out that function in respect of the undertaking”. Annex II provides for a non-exhaustive list of the functions which are included in the activity of management of special investment funds and of investment companies. However, property management services are not included on that list.

Banking Sector

Ceisteanna (307, 308)

Michael McGrath

Ceist:

307. Deputy Michael McGrath asked the Minister for Finance the maximum percentage of a bank (details supplied) that may be sold in the planned forthcoming initial public offering; and if he will make a statement on the matter. [28351/17]

Amharc ar fhreagra

Michael McGrath

Ceist:

308. Deputy Michael McGrath asked the Minister for Finance if he has set a minimum price per share and a minimum level of overall proceeds below which he will not proceed with the initial public offering of a bank (details supplied); and if he will make a statement on the matter. [28352/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 307 and 308 together.

As the Deputy will be aware, on 12 June, the price range was announced for the sale of AIB shares by way of an Initial Public Offering on the Irish and London stock exchanges. The expected price range for the offer has been set at between €3.90 and €4.90 per Ordinary Share, implying a market capitalisation for AIB on admission of between approximately €10.6 billion and €13.3 billion.

The Program for a Partnership Government allows for the sale of not more than 25% of any bank before the end of 2018 (plus any over-allotment option). As such, the intention is to proceed with a sale of 25% of AIB (plus an over allotment option - which may facilitate liquidity and smooth trading in the first 30 days after flotation - equal to another 15% of the total number of shares sold in the offer). The Prospectus associated with the Initial Public Offer was published on 12 June and includes the following figures which might be of assistance to the Deputy:

- Number of Ordinary Shares in issue on Admission: 2,714,381,238

- Expected maximum number of Offer Shares in the Offer: 678,595,310

- Expected number of Offer Shares in the Offer as a percentage of total number of Ordinary Shares in existence on Admission: Up to 25%

- Expected maximum number of Over-allotment Shares: 101,789,296

Assuming the over allotment option is exercised in full, the shares sold by the State would represent 28.75% of the total number of shares in existence on admission.

The full prospectus can be found on the AIB Investor Relations website at the following link:

https://aib.ie/investorrelations/ipo-information.

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