Dáil Éireann - Volume 596 - 26 January, 2005
Written Answers. - Tax Code.
Mr. N. O’Keeffe Mr. N. O’Keeffe
379. Mr. N. O’Keeffe asked the Minister for Finance if the Office of the Revenue Commissioners will investigate a business park (details supplied) in County Cork for breaches under the Finance Act 1997 at which special tax designation status has been secured for the development but it is understood that a number of firms are allegedly in breach of the criteria. [1593/05]
Mr. Cowen Mr. Cowen
Mr. Cowen: As the Deputy is aware, the Revenue Commissioners cannot comment publicly on particular cases. Section 343 of the Taxes Consolidation Act 1997 provides for the granting of capital allowances to certain qualifying companies carrying on qualifying trading operations in enterprise areas. Both the Revenue Commissioners and the Minister for Enterprise, Trade and Employment have roles in the administration of this provision. The Revenue Commissioners do not determine whether or not companies are entitled to be certified as qualifying companies for the purposes of claiming the capital allowances provided for in the section.
Section 343(1) of the Taxes Consolidation Act 1997 provides that a qualifying company must have received a certificate indicating its qualification from the Minister for Enterprise, Trade and Employment following consultation with the Minister for Finance. The Minister for Enterprise, Trade and Employment may not certify that a company is a qualifying company unless it is carrying on, or intends to carry on, qualifying trading operations in an enterprise area and the Minister is satisfied that the carrying on of such trading operations will contribute to the balanced development of the enterprise area.
The qualifying trading operations in this instance are those manufacturing activities that qualify for manufacturing relief in accordance with section 443 of the Taxes Consolidation Act 1997, internationally traded services, that is those services designated under the Industrial Development Act 1986, and freight forwarding and certain allied services in enterprise areas adjacent to the regional airports. Section 343(4) of the Taxes Consolidation Act 1997 also empowers the Minister for Enterprise, Trade and Employment to revoke the certificate in circumstances where the  company has failed to comply with any of its conditions.
The Revenue Commissioners may have to satisfy themselves as to whether the other conditions for claiming the capital allowances, provided for in the section, have been fulfilled. These conditions include the requirement to carry on qualifying trading operations and to claim the rates of allowance provided for in the section.
Mr. Perry Mr. Perry
380. Mr. Perry asked the Minister for Finance if the status of a company (details supplied) can be backdated to 2002; and if he will make a statement on the matter. [1831/05]
Mr. Cowen Mr. Cowen
Mr. Cowen: I understand the Deputy’s question relates to the charitable tax exemption status of the company. I am advised by the Revenue Commissioners that charitable tax exemption was granted to the company on 25 November 2004. There is no provision whereby the charitable tax status can be backdated to 2002.
Dáil Éireann 596 Written Answers. Tax Code.