Dáil Éireann Debate, Wednesday - 20 March 2024
224. Deputy Holly Cairns asked the Minister for Finance whether legally divorced persons who have no legal interest in any property are excluded from the help to buy scheme; and if so, the reasoning behind this policy. [11729/24]
Amharc ar fhreagraSection 477C of the Taxes Consolidation Act 1997 (TCA) requires that applicants for the Help to Buy (HTB) scheme must be first-time purchasers, which is defined as:
" 'an individual who, at the time of a claim under subsection (3) has not, either individually or jointly with any other person, previously purchased or previously built, directly or indirectly, on his or her own behalf a dwelling;"
There are no exceptions to the HTB definition of first time purchaser. This includes circumstances where there is more than one person involved in the purchase or building of a new home. The intention behind this is to target the tax relief on those who have not had the opportunity to build up equity in another property which could be used to purchase the second or subsequent property and those who could not have availed of HTB relief previously.
Divorced persons who have no legal interest in any property, may be eligible for Help to Buy provided that they are a first-time purchaser as defined in Section 477C of the Taxes Consolidation Act 1997 and meet all other eligibility requirements.
As with all tax incentive schemes, there may be individuals who do not meet the eligibility criteria. In designing tax reliefs, there is always a balance to be struck between providing support to as many people as possible, consistent with the overall policy intention behind the measure, and ensuring that there is an appropriate degree of control in the management of limited Exchequer resources.
