I welcome the opportunity to speak on the motion and thank Deputy Ryan, in particular, for proposing it and providing context for this very important debate. I thank the members of the budgetary oversight committee, especially those who are present for this debate on a Thursday evening, for compiling the report following their examination of the report of the Commission on Taxation and Welfare. I also thank the former Chairperson, Deputy Hourigan, and Deputy Cowen, who remains the Chairperson for now, and acknowledge their work. On a personal note, given that Deputy Harkin is sitting in the Chair, I offer Deputy Cowen bonne chance in Europe. His work as an MEP, regardless of any political affiliation, will be vital to our country, much as Deputy Harkin's distinguished term in the European Parliament was. I know he is already a member of her political family and I look forward to seeing him continue, at a European level, some of the work this committee undertook. I also acknowledge all the stakeholders and representatives who appeared before the committee and made submissions during the process of examining the report of the commission.
I will respond to the report and some of the comments Deputy Ryan made, and my colleague the Minister of State, Deputy Noonan, will respond later to the points that will, I imagine, be raised by Deputies Nash and Boyd Barrett. I have no doubt film tax credits will form part of them, and I hope they do. Deputy Boyd Barrett has been such a consistent advocate on that issue and it is always a welcome debate when we exchange views on it, even if we do not always agree.
The Commission on Taxation and Welfare, as Deputy Ryan laid out, was established in April 2021 as a result of a commitment in the programme for Government. The commission was asked to independently consider how best the taxation and welfare systems can support economic activity and promote increased employment and prosperity while ensuring sufficient resources are available to meet the costs of public services and supports in the medium and longer term. The commission’s final report, entitled Foundations for the Future, was published in September 2022. It is a wide-ranging report that contains 116 recommendations relating to the future of our taxation and welfare systems. It is a sizeable tome, a copy of which is resting on my desk, and I pay credit to all those who went through it in such detail. It is an exhaustive work, but that is why it merits exhaustive scrutiny at both parliamentary and public service level.
The commission’s report presents a balanced package of reform proposals aimed at addressing, in the medium to longer term, the challenges and, crucially, the opportunities identified in the report. Many of the recommendations are challenging and, as is acknowledged in the report, came at a time of global uncertainty, uncertainty that continues today, albeit through a different lens. It is clearly set out in the commission’s report that the recommendations are not all intended to be implemented at once but, rather, they provide a clear direction of travel for this and future Governments about how the sustainability of the taxation and welfare systems may be improved in a fair and equitable manner.
The Committee on Budgetary Oversight has undertaken a detailed examination of the commission’s report and, by doing so, has sought to add value to some of the general issues dealt with in the commission's report. While the recommendations are aimed at the medium to long term, the Department of Finance has taken a number of actions. I will speak on the matters raised in the committee’s report that fall within the remit of that Department, beginning with tax equity and base broadening.
The committee broadly agrees with the commission’s proposals to broaden the tax base. It focused its recommendations on value-added tax and, in particular, on reviewing the VAT treatment of goods and services and the use of temporary rates. Any changes to VAT rates applied in Ireland are considered as part of the normal budgetary process, with options set out in the VAT tax strategy group paper every year. It should be noted that changes to what the zero rate of VAT applies to, such as food, could have a significant impact on cost-of-living issues. Concerning the VAT treatment of goods and services, where any change is made to how VAT is applied, the Department of Finance and the Revenue Commissioners ensure that the change is in line with the EU VAT directive. Where changes to domestic law are required by EU law arising both from amendments to the VAT directive and from judgments of the Court of Justice of the European Union, such changes are made as part of the finance Bill. In respect of limiting the use of temporary VAT measures, the 13.5% rate has been reapplied to the majority of goods and services that temporarily attracted the 9 % rate. Gas and electricity rates are due to remain at 9% until 31 October of this year. The temporary use of the 9% VAT rate for gas and electricity is part of the Government’s response to the increased energy costs facing consumers at this time.
In regard to the committee’s recommendations on taxes on capital and wealth, I note its views on the capital acquisitions tax, CAT, group A threshold and the need for thorough analyses where proposals to alter the existing capital tax framework are made. The level of the capital acquisitions tax group A threshold, which applies to gifts and inheritances taken by children from their parents and which currently stands at €335,000, is aligned with the general approach to inheritance tax and its associated thresholds, that is, the closer one’s relationship is to the beneficiary, the higher the threshold. The rationale for this is to facilitate intergenerational family transfers. For example, the group A threshold may provide valuable relief to those who are inheriting the family home or who are the beneficiaries of a family farm or business. In the absence of such a threshold, even if the beneficiary is availing of another CAT relief such as the agricultural relief or the business relief, the group A threshold can be the difference between the beneficiary retaining the asset or being forced to sell it to pay the CAT. The Department remains cognisant of the potential impact of any proposed capital tax measures on the property market, including any possible distortionary effects on the market’s function.
The committee made three recommendations regarding retirement savings. Two relate to the tax treatment of the automatic enrolment retirement savings system, known as auto-enrolment. Auto-enrolment is, of course, within the remit of the Minister for Social Protection, who published the Automatic Enrolment Retirement Savings System Bill 2024 in April this year. A key part of the design of the auto-enrolment scheme is that matching contributions will be made by both workers and employers and that the State will top up contributions at a rate of €1 for every €3 contributed by the participant.
The Government has agreed that, in principle, the tax treatment of participants’ savings, other than for employee contributions, should, insofar as possible, be in line with that provided to personal retirement savings accounts, PRSAs. PRSAs operate in the exempt exempt tax, EET, system, where contributions to such pensions are exempt from income tax, subject to age-related percentage and income limitations; where pension fund gains are exempt from income tax; and where income from pension drawdown is liable for tax. The key distinction from a taxation perspective for auto-enrolment savings is that these contributions will benefit from the State top-up, rather than from tax relief for an individual’s contributions. The Department and Revenue are working with the Department of Social Protection to prepare legislative provisions governing the taxation treatment of auto-enrolment savings and the committee’s recommendations will feed into that work. The Department will, of course, carefully consider tax relief for auto-enrolment and its impacts on the wider pension system. It is intended to include the legislative provisions in the finance Bill 2024, subject to the enactment of the Automatic Enrolment Retirement Savings System Bill 2024.
The third recommendation of the committee regarding retirement savings relates to the availability of appropriate and adequate data on the cost and distribution of pension tax expenditures. The committee supports the commission’s recommendation in this area and proposes that Revenue’s statutory role be amended to include the collection and provision of policy-relevant data on taxes and the taxation system, in particular in respect of tax expenditures. The issue of data relating to pension tax expenditure was also raised by the interdepartmental pension reform and taxation group in its 2020 report.
In common with other countries operating an EET system, the exact cost of pensions tax expenditures is difficult to quantify due to the general nature of tax expenditures and also specific pension-related challenges, such as limited data availability on some features of the pension regime in Ireland.
Work is under way to seek to improve the data available for pensions. Considerable work has been done to identify what data is available, and to identify the data constraints in this area. There is data available and published by Revenue relating to pension contributions, however, the same level of information is not available to Revenue i relating to the cost of tax relief provided. Consideration is now being given to options as to how these data constraints could be addressed.
With regard to promoting enterprise, the committee focused on the research and development tax credit and supporting small and medium enterprises, SMEs. The Government recognises that SMEs are quite simply the backbone of the Irish economy. The research and development tax credit is available to all firms within the charge to Irish tax, including SMEs, that undertake qualifying research and development activities and recent Finance Acts have introduced some general measures to the research and development tax credit which will be of particular benefit to SME claimant companies. For example, from 1 January 2024, the rate of the credit has increased from 25% to 30%, maintaining the net benefit of the credit for large corporates in scope of pillar two and providing a real increase in support for SME companies.
In terms of supporting SMEs, the Finance (No. 2) Act 2023 implemented a number of enhancements to the employment investment incentive, EII. A review of this incentive is currently under way. That Act also provided for a new capital gains tax relief for angel investors.
My Department continues to be proactive in the use of roadmaps and feedback statements. It is noted that a roadmap for the introduction of a participation exemption to the Irish corporate tax system was published in September 2023, and a feedback statement on the development of a participation exemption for foreign dividends was published in April 2024.
I note that the committee has reiterated its own recommendations as set out in its previous reports regarding tax expenditures. I also note that the committee welcomes the views of the Commission regarding the tax expenditure review process. My Department is focused on, and committed to, improving how tax expenditures are reported and evaluated. Officials have been working closely with Revenue to implement the Commission’s recommendations in this area.
My Department engaged directly with Revenue on the creation of a list of tax expenditures. The Department now holds a master list of tax expenditures which is used by the Department for budgetary planning and by Revenue for statistical reporting and transparency purposes. The Department’s annual report on tax expenditures identifies a complete list of all tax expenditures in the Irish tax system. The most recent report was published alongside the budget 2024 papers. Progress is being made in my Department on evaluating and reviewing tax expenditures and updated guidelines on tax expenditures will be published by my Department in the coming months.
I note the committee’s observations on a site value tax on land not currently taxed under the local property tax, LPT, regime. There are a number of factors to be considered and as noted by both the committee and the Commission report, the introduction of such a regime will be complex and challenging. The yield from LPT has grown moderately in recent years and compliance continues to be very high. Department officials will take into account the views of both the Commission and the committee as part of the next LPT revaluation, which will cover the period 2026 to 2029.
Regarding tackling vacancy, a new vacant homes tax was announced in budget 2023, and legislated for in the Finance Act 2022. While not an LPT surcharge, the vacant homes tax is charged at a multiple of a property’s LPT charge, and is also payable in addition to LPT. Concerning the residential zoned land tax, RZLT, the introduction of this tax represents the output from action 15.2 of the Housing for All strategy published by the Department of Housing, Local Government and Heritage in September 2021. This strategy announced the introduction of a new tax to activate vacant land for residential purposes and to replace the current vacant site levy. The RZLT is an annual tax, to be calculated at 3% of the market value of the land in scope, and is in effect a tax on the value of sites residentially zoned which, quite simply, are undeveloped. Agricultural land falls within the scope of RZLT where it is residentially zoned and serviced. Officials from my Department and the Department of Housing, Local Government and Heritage continue to engage with various representative bodies, including those representing the agricultural community, and would continue to do so regarding any proposed site value tax. My Department supports the recommendation to create a land price register - to include development land - operating similarly to the existing property price register.
With regard to the recommendations on carbon tax as set out in the programme for Government, the current policy approach to carbon tax involves a long-term multi-annual trajectory of increases leading to a rate of €100 per tonne of carbon dioxide emitted in 2030. The Finance Act 2020 is the legislation underpinning this policy and clearly sets out the effective rates and dates of implementation for each affected fuel. On an annual basis, rate changes are clearly signposted via the annual budgetary process with the publication of TSG papers months in advance of the budget outlining upcoming rate changes and VAT inclusive impacts for commonly used fuels. Budgetary publications also clearly signpost the carbon tax rate changes and related impacts such as estimated yields and the specific allocation of funds arising from the increase for expenditure measures such as the just transition. Current and historical carbon tax rates for each affected fuel are also published on the Revenue website.
The committee noted the Commission’s recommendations on fossil fuel subsidies and excise duty. Fossil fuel subsidies include direct and indirect subsidies. Reduced rates of, or reliefs from, standard rates of tax are considered indirect fossil fuel subsidies.
Rates of tax are considered as part of the annual budgetary process with budget options examined as part of the TSG prior to the budget. The policy rationale for the removal of the diesel excise gap and policy options for the equalisation of excise rates applying to auto diesel and petrol were examined in the budget 2024 TSG paper on climate action and tax. This included options for a removal over a period of three, four, five or ten years setting out price impacts for consumers as well as additional revenue yield arising. Last year’s TSG paper also examined phased removal of other tax-related fossil fuel subsidies, setting out the policy rationale for their initial introduction as well as the environmental and public health basis for their removal.
As a member of the EU, Ireland is subject to EU law and the taxation of energy products is governed by the EU energy tax directive which sets out minimum rates of excise applicable to fuels used for heating and propellant purposes. Some exemptions are mandatory, such as the current exemption from fuel used for commercial aviation and maritime navigation, and therefore removal of these subsidies is subject to changes to the directive which is currently under negotiation as part of the Fit for 55 package.
I note the committee’s recommendations on the sugar-sweetened drinks tax, SSDT. The SSDT came into effect on 1 May 2018 and was included in the suite of commitments under the obesity policy and action plan. The aim of the SSDT is to reduce rates of childhood and adult obesity in Ireland by reducing the consumption of sugar sweetened drinks. The Department of Health has commissioned an external evaluation of the SSDT with the objective of measuring the effectiveness of the tax in Ireland. Any future changes to the tax will be informed by the outcome of the review.
Once again, I commend the work of the committee on its examination of this important report. While considerable progress has been made on some areas of the Commission's work I have no doubt that the report will continue to provide a clear direction of travel for this and future Governments around how the sustainability of the taxation and welfare systems may be improved in a fair and equitable manner.
This Government clearly recognises that many of the recommendations contained in the report are challenging, particularly in this current environment. However, that should not take away from this important work which is focused on the longer term and will contribute to debates on the optimal balance of taxation for many years to come. It is in all our interests that where decisions on increased taxation are required that they are taken in a fair and equitable way and in a manner that has the least distorting impact on the economy. I believe this debate is particularly timely as we start to enter the pre-budgetary season where we discuss and analyse papers. With regard to Deputy Patricia Ryan's particular points the Government will take the committee's report into full and due consideration as part of this budget and potentially any future budget should the Government still be in office.