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BUDGET SUMMARY 2012

INCOME TAX                                                   Rent Tax Relief
                                                             The measures announced in Budget 2011 are unchanged:
The following are details of the Budget Statement of 6       Relief for rent credit will be withdrawn on a phased basis
December 2011, as made by the Minister for Finance.          over 7 years by reducing the amount of rent that can be
                                                             relieved at the standard rate of income tax as indicated in
Tax Credits                                                  the following table.
There are no changes to tax credits.
                                                             Tax     Single       Single     Widowed or     Widowed or a
           Tax Credit               2011 €     2012 €        Year    Under        Over 55    a Surviving    Surviving Civil
Single Person                        1,650      1,650                55                      Civil          Partner /
Married or in a Civil Partnership    3,300      3,300                                        Partner /      Married or in a
PAYE Credit                          1,650      1,650                                        Married or     Civil
Widowed Person or Surviving          2,190      2,190                                        in a Civil     Partnership,
Civil Partner (without                                                                       Partnership,   over 55
dependant children)                                                                          under 55
One Parent Family Credit            1,650       1,650        2010     2,000        4,000         4,000          8,000
Incapacitated Child Credit Max      3,300       3,300        2011     1,600        3,200         3,200          6,400
Blind Tax Credit:                                            2012     1,200        2,400         2,400          4,800
Single Person                       1,650       1,650        2013     1,000        2,000         2,000          3,600
Married or in a Civil Partnership                            2014      800         1,600         1,600          3,200
- One Spouse or Civil Partner                                2015      600         1,200         1,200          2,400
Blind                               1,650       1,650        2016      400          800           800           1,600
Married or in a Civil Partnership                            2017      200          400           400            800
- Both Spouses or Civil Partners                             2018       0            0             0              0
Blind                               3,300       3,300
Widowed Parent                                               Claimants who were not renting at 7 December 2010 and
Bereaved in 2011                      -         3,600        who subsequently enter into a rental agreement will not
     2010                           3,600       3,150        be able to claim relief.
     2009                           3,150       2,700
     2008                           2,700       2,250        Tax Rates and Tax Bands.
     2007                           2,250       1,800        The tax rates and bands remain unchanged at 20%
     2006                           1,800         -          (standard rate) and 41% (higher rate).
Age Tax Credit:
Single or Widowed or Surviving                               The table below sets out the tax rates and bands.
Civil Partner                          245       245
Married or in a Civil Partnership      490       490             Personal                  2011              2012
Dependent Relative                      70        70          Circumstances                  €                 €
Home Carer                             810       810         Single or
                                                             Widowed or
                                                             Surviving Civil       32,800 @ 20%         32,800 @ 20%
Marginal Rate Reliefs                                        Partner, without      Balance @ 41%        Balance @ 41%
                                                             dependant
             Relief                 2011        2012         children
(Allowed at the taxpayer’s top      € Max       € Max        Single or
rate of tax)                                                 Widowed or
Employing a Carer                   50,000      50,000       Surviving Civil
                                                             Partner,              36,800 @ 20%         36,800 @ 20%
                                                             qualifying for        Balance @ 41%        Balance @ 41%
Standard Rated Reliefs                                       One Parent
(Allowed at 20% rate band)                                   Family Tax
                                                             Credit
Service Charges                                              Married or in a
The measures announced in Budget 2011 are unchanged.         Civil Partnership,
The relief is being abolished for tax year 2012 and                                41,800 @ 20%         41,800 @ 20%
                                                             one Spouse or
subsequent years. In 2011, a maximum of €400 tax relief                            Balance @ 41%        Balance @ 41%
                                                             Civil Partner with
was granted (at the 20% rate) for service charges paid in    Income
the year 2010.                                               Married or in a
                                                                                   41,800 @ 20%         41,800 @ 20%
                                                             Civil Partnership,
 Relief at       Allowed in the        For service charges                         with increase of     with increase of
                                                             both Spouses or
 20% tax              year               paid in the year                           23,800 max.          23,800 max.
                                                             Civil Partners
   rate                                                                            Balance @ 41%        Balance @ 41%
                                                             with Income
    Nil               2012                    2011
   €400               2011                    2010
Exemption Limits                                                frequently and 33% for payments made less frequently
The exemption limits for persons aged 65 years and over         than annually. The increased rates will apply to payments,
remain unchanged:                                               including deemed payments, made on or after 1 January
    Personal             2011              2012                 2012.
 Circumstances             €                 €
Single or
Widowed or a                                                    UNIVERSAL SOCIAL CHARGE (USC)
Surviving Civil
                        18,000            18,000                The Universal Social Charge (USC), which came into effect
Partner, 65
years of age &                                                  on 1 January 2011, will be deducted on a cumulative basis
over                                                            with effect from 1 January 2012.
Married or in a
Civil Partnership,                                              The rates and thresholds of the Universal Social Charge
                        36,000                                  are as follows:
65 years of age                           36,000
& over
                                                                Individual aged under 70 years
Marginal Relief may apply, subject to an income limit of
twice the relevant exemption limit.                                                  USC Thresholds
                                                                           2011                            2012
The above exemption limits are increased by €575 for                                   Rate                           Rate
each of the first two dependent children and by €830 for        Income up to                    Income up to
                                                                                        2%                             2%
the third and subsequent children.                              €10,036.00                      €10,036.00
                                                                Income from                     Income from
Tax Relief at Source – Mortgage Interest Relief                 €10,036.01 to           4%      €10,036.01 to          4%
                                                                €16,016.00                      €16,016.00
Interest paid on qualifying home loans taken out on or          Income above                    Income above
after 1 January 2004 and on or before 31 December 2012                                  7%                             7%
                                                                €16,016.00                      €16,016.00
will (subject to the exception below) qualify for tax relief
up to the end of 2017 at the following general rates and
thresholds -                                                    Individual aged 70 years or over, or individuals who
                                                                hold a full medical card (regardless of age)
First time buyers - The tax relief on interest paid on
qualifying home loans is 25% for years 1 and 2; 22.5%                                USC Thresholds
for years 3,4 & 5 and 20% for years 6 and 7. The upper                     2011                            2012
thresholds in respect of the amount of interest paid                                   Rate                           Rate
qualifying for tax relief are €20,000 for individuals who are   Income up to                    Income up to
married, in a civil partnership or widowed and €10,000 for                              2%                             2%
                                                                €10,036.00                      €10,036.00
individuals who are unmarried and not in a civil                Income above                    Income above
partnership. After years 7, the rates and thresholds for                                4%                             4%
                                                                €10,036.00                      €10,036.00
relief are as for non-first time buyers.
                                                                Exempt Categories:
Non-first time buyers - The tax relief on interest paid on
qualifying home loans is 15%. The upper thresholds in
                                                                            2011                            2012
respect of the amount of interest paid qualifying for tax
                                                                Where an individual’s total     Where an individual’s total
relief are €6,000 for individuals who are married, in a civil
                                                                income for a year does not      income for a year does not
partnership or widowed and €3,000 for individuals who
                                                                exceed €4,004                   exceed €10,036
are unmarried and not in a civil partnership.
                                                                All Dept of Social Protection   All Dept of Social Protection
Exception                                                       payments                        payments
However, notwithstanding the rates of tax relief                Income already subjected        Income already subjected to
mentioned above, for individuals who purchased their first      to DIRT                         DIRT
principal private residence on or after 1 January 2004 and
on or before 31 December 2008, the rate of tax relief on        3% Surcharge (self-employment)
the interest paid on the loan to purchase that property         The surcharge of 3% on individuals who have income from
will, for the tax years 2012 to 2017, be 30%.                   self-employment that exceeds €100,000 in a year,
                                                                regardless of age, remains unchanged.

Taxation of Illness Benefit
The tax exemption currently applicable to Illness Benefit is    PENSIONS
abolished with effect from 1 January 2012.
                                                                Approved Retirement Funds
                                                                The annual imputed distribution which applies to the value
DIRT                                                            of assets in an Approved Retirement Fund (ARF) at 31
                                                                December each year is being increased from 5% to 6% in
Deposit Interest Retention Tax and Exit Taxes on                respect of ARFs with asset values in excess of €2 million
Life Assurance Policies and Investment Funds                    (or, where an individual owns more than one ARF, where
The rate of retention tax that applies to deposit interest,     the aggregate value of the assets in those ARFs exceeds
together with the rates of exit tax that apply to life          €2 million). The increase will apply in respect of asset
assurance policies and investment funds, are being              values in affected ARFs at 31 December 2012 and future
increased by 3 percentage points in each case and will          years.
now be 30% for payments made annually or more
The transfer of ARF assets on the death of an ARF owner        RELEVANT CONTRACTS TAX (RCT)
to a child of the owner aged over 21 is subject to a final
liability tax equal to the standard rate of income tax in      There were no changes announced in the Budget.
force at the time of the making of such a distribution
(currently 20%). It is proposed to apply a higher final
liability tax rate of 30% to such transfers and the details    VAT
of this will be published in the Finance Bill.
                                                               VAT rate increase
Personal Retirement Savings Accounts (PRSAs)                   With effect from 1 January 2012, the standard rate of VAT
“Vested” PRSAs are PRSAs from which retirement benefits        will be increasing from 21% to 23%. For details of the
have commenced to be taken, usually in the form of the         effects of this change please see the VAT information
“tax-free” retirement lump sum. The annual imputed             leaflet – ‘Budget Rate Change 2012 – Increase in the
distribution provisions which apply to ARFs will also apply    Standard Rate of VAT to 23%’ on www.revenue.ie
on the same basis to “vested” PRSAs, where the assets
are retained in the PRSA rather than being transferred to      Reduced VAT rate for district heating
an ARF. This will include an increased deemed distribution     With effect from 1 March 2012, the rate of VAT that will
percentage of 6% for vested PRSAs with assets in excess        apply to the supply of district heating will be reduced from
of €2 million. Where an individual holds more than one         the standard rate to the rate of 13.5%. The reduced rate
PRSA the deemed distribution will apply to the aggregate       is provided for by the VAT Directive, and the measure will
of the assets in all of that individual’s PRSAs once any one   be included in the Finance Bill.
of them is vested. The increase will apply in respect of
asset values in affected PRSAs at 31 December 2012 and         Reduced VAT rate for admissions to pet farms
future years. Further details will be published in the         With effect from 1 January 2012, the rate of VAT that will
Finance Bill.                                                  apply to admissions to pet farms/open farms will be the
                                                               reduced rate of 9%. The reduced rate is provided for by
Employer PRSI on pension contributions                         the VAT Directive, and the measure will be included in the
The current relief of 50% of employer PRSI for employee        Finance Bill.
contributions to occupational pension schemes and other
pension arrangements is being removed from 1 January           Extension of the VAT Refund Order for flat-rate
2012. The change will be legislated for in the Social          farmers to cover wind turbines
Welfare Bill.                                                  With effect from 1 January 2012, the refund order for flat-
                                                               rate farmers will be extended to cover micro-generation
                                                               wind turbines. This will apply to wind turbines supplied
PROPERTY BASED ‘LEGACY’ RELIEFS                                and installed after that date.

These measures will apply to the various property-based
tax relief schemes in the following manner:                    CORPORATION TAX

Section 23-type Reliefs and Accelerated Capital                Relief     for  investment      in   Renewable       energy
Allowances                                                     generation
A surcharge will be introduced effective from 1 January        The qualifying period for the scheme of tax relief for
2012 on individuals with gross incomes over €100,000.          corporate investment in certain renewable energy projects
The surcharge will apply at a rate of 5% on the amount of      is being extended from 31 December 2011 to 31
income sheltered by property reliefs in a given year.          December 2014.
                                                               The purpose of the scheme is to encourage investment in
This surcharge (essentially a higher rate of USC) will apply   renewable energy projects and to facilitate the growth of
to all investors regardless of whether they invested in        electricity generation capacity using these sources.
Section 23 or accelerated capital allowance schemes with       To qualify for the relief the energy project must be
this level of gross income.                                    approved by the Minister for Communications, Energy and
                                                               Natural Resources and be in one of the following
Residential owner-occupier relief is unaffected by these       categories of technology:
changes.
                                                               •     Solar
Accelerated Capital Allowances                                 •     Wind
Investors in accelerated capital allowance schemes will no     •     Hydro (including ocean, wave or tidal energy)
longer be able to use any capital allowances beyond the        •     Biomass
tax life of the particular scheme where that tax life ends
after 1 January 2015.                                          3 Year Tax Relief for Start-up Companies
                                                               The scheme which provides relief from corporation tax on
Where the tax life of a scheme has ended before 1              the trading income and certain gains of new start-up
January 2015 no carry forward of allowances into 2015          companies in the first 3 years of trading is being extended
will be allowed.                                               to include start-up companies which commence a new
                                                               trade in 2012, 2013 or 2014.

                                                               R&D tax credit
                                                               A number of changes are being made to the R&D tax
                                                               credit scheme as follows:

                                                               •   Volume basis
                                                               The first €100,000 of qualifying R&D expenditure will
                                                               benefit from the 25% R&D tax credit on a volume basis.
The tax credit will continue to apply to incremental R&D         CAPITAL ACQUISITIONS TAX
expenditure in excess of €100,000 as compared with such
expenditure in the base year 2003.                               Rate of tax
                                                                 The rate of tax has been increased from 25% to 30%.
•    Outsourcing limits                                          The new rate of tax of 30% applies to gifts and
At present sub-contracted R&D costs are eligible where           inheritances taken on or after 7 December 2011.
they do not exceed 10% of total costs or 5% in the case
of sub-contracting to third level institutions. This limit can   Tax-free thresholds
disproportionately affect smaller companies who may have         The Capital Acquisitions Tax Group A tax-free threshold
greater need to outsource R&D work than larger                   has been reduced from €332,084 to €250,000.         The
multinationals with greater internal resources. The              reduced tax-free threshold of €250,000 applies to gifts
outsourcing limits for sub-contracted R&D costs are being        and inheritances taken on or after 7 December 2011.
increased to the greater of 5 or 10% as appropriate or
€100k.                                                           The Group B tax-free threshold of €33,208 and the Group
                                                                 C tax-free threshold of €16,604 both remain unaltered.
•    Use of the credit to reward R&D employees                   The tax-free thresholds that apply to gifts and
Companies in receipt of the R&D credit will have the             inheritances taken on or after 7 December 2011 are
option to use a portion of the credit to reward key              therefore as follows:
employees who have been involved in the development of
R&D. This change will be monitored closely.                        Group A     Applies where the beneficiary is a child
                                                                  €250,000     (including adopted child, step-child and
                                                                               certain foster children) or minor child of a
CAPITAL GAINS TAX                                                              deceased child of the disponer. Parents
                                                                               also fall within this threshold where they
The current rate of 25% is being increased to 30%. This                        take an inheritance of an absolute interest
increase applies in respect of disposals made after 6                          from a child.
December 2011.                                                    Group B      Applies where the beneficiary is a brother,
                                                                  €33,208      sister, niece, nephew or lineal ancestor or
A new incentive relief from CGT is being introduced for the                    lineal descendant of the disponer.
first seven years of ownership for properties bought              Group C      Applies in all other cases.
between Budget night and the end of 2013, where the               €16,604
property is held for more than seven years. Where such
property is held for more than seven years the gains
accrued in that period will not attract CGT. This measure        EXCISES
comes into effect after 6 December 2011.
                                                                 Mineral Oil Tax (MOT)
Measures to incentivise timely business and farm                 The rates for petrol and auto diesel are increased with
transfers                                                        effect from midnight on 6 December. These increases,
Full retirement relief from CGT for intra-family transfers       when VAT is included, amount to just under 1.5 cent on a
will be maintained for individuals aged 55 to 66. An upper       litre of petrol and just over 1.5 cent on a litre of auto
limit of €3m on retirement relief for business and farming       diesel.
assets disposed of within the family is introduced where
the individual transferring the assets is aged over 66           The new MOT rates are €587.71 per 1,000 litres for petrol
years. This will incentivise earlier transfer of farms.          and €479.02 per 1,000 litres for auto-diesel.

(The current unlimited amount applies for a transitional         The rate for aviation gasoline, which is aligned to the
period of two years for individuals currently aged 66 or         petrol rate, and the rates for heavy oil used for non-
who reach that age before 31 December 2013.)                     commercial navigation and flying, which are aligned to the
                                                                 auto-diesel rate, are increased accordingly.
The current upper limit of €750,000 for assets transferred
outside the family for individuals aged between 55 and 66        Tobacco Products Tax
years will be maintained. The upper limit for retirement         Tobacco Products Tax rates are increased with effect from
relief for business and farming assets transferred outside       midnight on 6 December. The increase amounts to 25
the family is reduced from €750,000 to €500,000 for              cent, inclusive of VAT, on a packet of 20 cigarettes, with
individuals aged over 66 years.                                  pro rata increases on other tobacco products.

(The current upper limit of €750,000 applies for a
transitional period of two years for individuals currently       VRT
aged 66 or who reach that age before 31 December
2013.)                                                           There were no changes announced in the Budget.

Full details of these measures will be set out in the
Finance Bill.
STAMP DUTY

Non-Residential Property

A new lower rate of 2% has been introduced for non-
residential property. The single rate will apply to the entire
amount of the consideration and the current exempt
threshold of €10,000 has been abolished.

The new rate applies to instruments executed on or after
7 December 2011.

Transitional arrangements will apply where, as a result of
the new rate, a taxpayer is disadvantaged compared to
the stamp duty treatment applicable prior to 7 December
2011. The transitional arrangements will apply where an
instrument is executed on or after 7 December 2011 and
before 1 July 2012 solely in pursuance of a binding
contract which had been entered into prior to 7 December
2011.

Consanguinity relief, which reduces the stamp duty
liability by 50%, will cease to apply to non-residential
property for instruments executed after 31 December
2014.

FARMER TAXATION

Stock Relief for Registered Farm Partnerships
An enhanced 50% stock relief (100% for certain young
trained farmers) for registered farm partnerships is being
introduced and will run until 31 December 2015 subject to
clearance with the European Commission under State Aid
rules.

Changes to CGT retirement relief
In order to incentivise the timely transfer of farms before
the current owners reach 66 years of age, changes are
being made in respect of retirement relief from CGT.

Please see the Capital Gains Tax section in this leaflet for
further details.




                                                                  www.revenue.ie

                                                                 6 December 2011

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Budget summary-2012

  • 1. BUDGET SUMMARY 2012 INCOME TAX Rent Tax Relief The measures announced in Budget 2011 are unchanged: The following are details of the Budget Statement of 6 Relief for rent credit will be withdrawn on a phased basis December 2011, as made by the Minister for Finance. over 7 years by reducing the amount of rent that can be relieved at the standard rate of income tax as indicated in Tax Credits the following table. There are no changes to tax credits. Tax Single Single Widowed or Widowed or a Tax Credit 2011 € 2012 € Year Under Over 55 a Surviving Surviving Civil Single Person 1,650 1,650 55 Civil Partner / Married or in a Civil Partnership 3,300 3,300 Partner / Married or in a PAYE Credit 1,650 1,650 Married or Civil Widowed Person or Surviving 2,190 2,190 in a Civil Partnership, Civil Partner (without Partnership, over 55 dependant children) under 55 One Parent Family Credit 1,650 1,650 2010 2,000 4,000 4,000 8,000 Incapacitated Child Credit Max 3,300 3,300 2011 1,600 3,200 3,200 6,400 Blind Tax Credit: 2012 1,200 2,400 2,400 4,800 Single Person 1,650 1,650 2013 1,000 2,000 2,000 3,600 Married or in a Civil Partnership 2014 800 1,600 1,600 3,200 - One Spouse or Civil Partner 2015 600 1,200 1,200 2,400 Blind 1,650 1,650 2016 400 800 800 1,600 Married or in a Civil Partnership 2017 200 400 400 800 - Both Spouses or Civil Partners 2018 0 0 0 0 Blind 3,300 3,300 Widowed Parent Claimants who were not renting at 7 December 2010 and Bereaved in 2011 - 3,600 who subsequently enter into a rental agreement will not 2010 3,600 3,150 be able to claim relief. 2009 3,150 2,700 2008 2,700 2,250 Tax Rates and Tax Bands. 2007 2,250 1,800 The tax rates and bands remain unchanged at 20% 2006 1,800 - (standard rate) and 41% (higher rate). Age Tax Credit: Single or Widowed or Surviving The table below sets out the tax rates and bands. Civil Partner 245 245 Married or in a Civil Partnership 490 490 Personal 2011 2012 Dependent Relative 70 70 Circumstances € € Home Carer 810 810 Single or Widowed or Surviving Civil 32,800 @ 20% 32,800 @ 20% Marginal Rate Reliefs Partner, without Balance @ 41% Balance @ 41% dependant Relief 2011 2012 children (Allowed at the taxpayer’s top € Max € Max Single or rate of tax) Widowed or Employing a Carer 50,000 50,000 Surviving Civil Partner, 36,800 @ 20% 36,800 @ 20% qualifying for Balance @ 41% Balance @ 41% Standard Rated Reliefs One Parent (Allowed at 20% rate band) Family Tax Credit Service Charges Married or in a The measures announced in Budget 2011 are unchanged. Civil Partnership, The relief is being abolished for tax year 2012 and 41,800 @ 20% 41,800 @ 20% one Spouse or subsequent years. In 2011, a maximum of €400 tax relief Balance @ 41% Balance @ 41% Civil Partner with was granted (at the 20% rate) for service charges paid in Income the year 2010. Married or in a 41,800 @ 20% 41,800 @ 20% Civil Partnership, Relief at Allowed in the For service charges with increase of with increase of both Spouses or 20% tax year paid in the year 23,800 max. 23,800 max. Civil Partners rate Balance @ 41% Balance @ 41% with Income Nil 2012 2011 €400 2011 2010
  • 2. Exemption Limits frequently and 33% for payments made less frequently The exemption limits for persons aged 65 years and over than annually. The increased rates will apply to payments, remain unchanged: including deemed payments, made on or after 1 January Personal 2011 2012 2012. Circumstances € € Single or Widowed or a UNIVERSAL SOCIAL CHARGE (USC) Surviving Civil 18,000 18,000 The Universal Social Charge (USC), which came into effect Partner, 65 years of age & on 1 January 2011, will be deducted on a cumulative basis over with effect from 1 January 2012. Married or in a Civil Partnership, The rates and thresholds of the Universal Social Charge 36,000 are as follows: 65 years of age 36,000 & over Individual aged under 70 years Marginal Relief may apply, subject to an income limit of twice the relevant exemption limit. USC Thresholds 2011 2012 The above exemption limits are increased by €575 for Rate Rate each of the first two dependent children and by €830 for Income up to Income up to 2% 2% the third and subsequent children. €10,036.00 €10,036.00 Income from Income from Tax Relief at Source – Mortgage Interest Relief €10,036.01 to 4% €10,036.01 to 4% €16,016.00 €16,016.00 Interest paid on qualifying home loans taken out on or Income above Income above after 1 January 2004 and on or before 31 December 2012 7% 7% €16,016.00 €16,016.00 will (subject to the exception below) qualify for tax relief up to the end of 2017 at the following general rates and thresholds - Individual aged 70 years or over, or individuals who hold a full medical card (regardless of age) First time buyers - The tax relief on interest paid on qualifying home loans is 25% for years 1 and 2; 22.5% USC Thresholds for years 3,4 & 5 and 20% for years 6 and 7. The upper 2011 2012 thresholds in respect of the amount of interest paid Rate Rate qualifying for tax relief are €20,000 for individuals who are Income up to Income up to married, in a civil partnership or widowed and €10,000 for 2% 2% €10,036.00 €10,036.00 individuals who are unmarried and not in a civil Income above Income above partnership. After years 7, the rates and thresholds for 4% 4% €10,036.00 €10,036.00 relief are as for non-first time buyers. Exempt Categories: Non-first time buyers - The tax relief on interest paid on qualifying home loans is 15%. The upper thresholds in 2011 2012 respect of the amount of interest paid qualifying for tax Where an individual’s total Where an individual’s total relief are €6,000 for individuals who are married, in a civil income for a year does not income for a year does not partnership or widowed and €3,000 for individuals who exceed €4,004 exceed €10,036 are unmarried and not in a civil partnership. All Dept of Social Protection All Dept of Social Protection Exception payments payments However, notwithstanding the rates of tax relief Income already subjected Income already subjected to mentioned above, for individuals who purchased their first to DIRT DIRT principal private residence on or after 1 January 2004 and on or before 31 December 2008, the rate of tax relief on 3% Surcharge (self-employment) the interest paid on the loan to purchase that property The surcharge of 3% on individuals who have income from will, for the tax years 2012 to 2017, be 30%. self-employment that exceeds €100,000 in a year, regardless of age, remains unchanged. Taxation of Illness Benefit The tax exemption currently applicable to Illness Benefit is PENSIONS abolished with effect from 1 January 2012. Approved Retirement Funds The annual imputed distribution which applies to the value DIRT of assets in an Approved Retirement Fund (ARF) at 31 December each year is being increased from 5% to 6% in Deposit Interest Retention Tax and Exit Taxes on respect of ARFs with asset values in excess of €2 million Life Assurance Policies and Investment Funds (or, where an individual owns more than one ARF, where The rate of retention tax that applies to deposit interest, the aggregate value of the assets in those ARFs exceeds together with the rates of exit tax that apply to life €2 million). The increase will apply in respect of asset assurance policies and investment funds, are being values in affected ARFs at 31 December 2012 and future increased by 3 percentage points in each case and will years. now be 30% for payments made annually or more
  • 3. The transfer of ARF assets on the death of an ARF owner RELEVANT CONTRACTS TAX (RCT) to a child of the owner aged over 21 is subject to a final liability tax equal to the standard rate of income tax in There were no changes announced in the Budget. force at the time of the making of such a distribution (currently 20%). It is proposed to apply a higher final liability tax rate of 30% to such transfers and the details VAT of this will be published in the Finance Bill. VAT rate increase Personal Retirement Savings Accounts (PRSAs) With effect from 1 January 2012, the standard rate of VAT “Vested” PRSAs are PRSAs from which retirement benefits will be increasing from 21% to 23%. For details of the have commenced to be taken, usually in the form of the effects of this change please see the VAT information “tax-free” retirement lump sum. The annual imputed leaflet – ‘Budget Rate Change 2012 – Increase in the distribution provisions which apply to ARFs will also apply Standard Rate of VAT to 23%’ on www.revenue.ie on the same basis to “vested” PRSAs, where the assets are retained in the PRSA rather than being transferred to Reduced VAT rate for district heating an ARF. This will include an increased deemed distribution With effect from 1 March 2012, the rate of VAT that will percentage of 6% for vested PRSAs with assets in excess apply to the supply of district heating will be reduced from of €2 million. Where an individual holds more than one the standard rate to the rate of 13.5%. The reduced rate PRSA the deemed distribution will apply to the aggregate is provided for by the VAT Directive, and the measure will of the assets in all of that individual’s PRSAs once any one be included in the Finance Bill. of them is vested. The increase will apply in respect of asset values in affected PRSAs at 31 December 2012 and Reduced VAT rate for admissions to pet farms future years. Further details will be published in the With effect from 1 January 2012, the rate of VAT that will Finance Bill. apply to admissions to pet farms/open farms will be the reduced rate of 9%. The reduced rate is provided for by Employer PRSI on pension contributions the VAT Directive, and the measure will be included in the The current relief of 50% of employer PRSI for employee Finance Bill. contributions to occupational pension schemes and other pension arrangements is being removed from 1 January Extension of the VAT Refund Order for flat-rate 2012. The change will be legislated for in the Social farmers to cover wind turbines Welfare Bill. With effect from 1 January 2012, the refund order for flat- rate farmers will be extended to cover micro-generation wind turbines. This will apply to wind turbines supplied PROPERTY BASED ‘LEGACY’ RELIEFS and installed after that date. These measures will apply to the various property-based tax relief schemes in the following manner: CORPORATION TAX Section 23-type Reliefs and Accelerated Capital Relief for investment in Renewable energy Allowances generation A surcharge will be introduced effective from 1 January The qualifying period for the scheme of tax relief for 2012 on individuals with gross incomes over €100,000. corporate investment in certain renewable energy projects The surcharge will apply at a rate of 5% on the amount of is being extended from 31 December 2011 to 31 income sheltered by property reliefs in a given year. December 2014. The purpose of the scheme is to encourage investment in This surcharge (essentially a higher rate of USC) will apply renewable energy projects and to facilitate the growth of to all investors regardless of whether they invested in electricity generation capacity using these sources. Section 23 or accelerated capital allowance schemes with To qualify for the relief the energy project must be this level of gross income. approved by the Minister for Communications, Energy and Natural Resources and be in one of the following Residential owner-occupier relief is unaffected by these categories of technology: changes. • Solar Accelerated Capital Allowances • Wind Investors in accelerated capital allowance schemes will no • Hydro (including ocean, wave or tidal energy) longer be able to use any capital allowances beyond the • Biomass tax life of the particular scheme where that tax life ends after 1 January 2015. 3 Year Tax Relief for Start-up Companies The scheme which provides relief from corporation tax on Where the tax life of a scheme has ended before 1 the trading income and certain gains of new start-up January 2015 no carry forward of allowances into 2015 companies in the first 3 years of trading is being extended will be allowed. to include start-up companies which commence a new trade in 2012, 2013 or 2014. R&D tax credit A number of changes are being made to the R&D tax credit scheme as follows: • Volume basis The first €100,000 of qualifying R&D expenditure will benefit from the 25% R&D tax credit on a volume basis.
  • 4. The tax credit will continue to apply to incremental R&D CAPITAL ACQUISITIONS TAX expenditure in excess of €100,000 as compared with such expenditure in the base year 2003. Rate of tax The rate of tax has been increased from 25% to 30%. • Outsourcing limits The new rate of tax of 30% applies to gifts and At present sub-contracted R&D costs are eligible where inheritances taken on or after 7 December 2011. they do not exceed 10% of total costs or 5% in the case of sub-contracting to third level institutions. This limit can Tax-free thresholds disproportionately affect smaller companies who may have The Capital Acquisitions Tax Group A tax-free threshold greater need to outsource R&D work than larger has been reduced from €332,084 to €250,000. The multinationals with greater internal resources. The reduced tax-free threshold of €250,000 applies to gifts outsourcing limits for sub-contracted R&D costs are being and inheritances taken on or after 7 December 2011. increased to the greater of 5 or 10% as appropriate or €100k. The Group B tax-free threshold of €33,208 and the Group C tax-free threshold of €16,604 both remain unaltered. • Use of the credit to reward R&D employees The tax-free thresholds that apply to gifts and Companies in receipt of the R&D credit will have the inheritances taken on or after 7 December 2011 are option to use a portion of the credit to reward key therefore as follows: employees who have been involved in the development of R&D. This change will be monitored closely. Group A Applies where the beneficiary is a child €250,000 (including adopted child, step-child and certain foster children) or minor child of a CAPITAL GAINS TAX deceased child of the disponer. Parents also fall within this threshold where they The current rate of 25% is being increased to 30%. This take an inheritance of an absolute interest increase applies in respect of disposals made after 6 from a child. December 2011. Group B Applies where the beneficiary is a brother, €33,208 sister, niece, nephew or lineal ancestor or A new incentive relief from CGT is being introduced for the lineal descendant of the disponer. first seven years of ownership for properties bought Group C Applies in all other cases. between Budget night and the end of 2013, where the €16,604 property is held for more than seven years. Where such property is held for more than seven years the gains accrued in that period will not attract CGT. This measure EXCISES comes into effect after 6 December 2011. Mineral Oil Tax (MOT) Measures to incentivise timely business and farm The rates for petrol and auto diesel are increased with transfers effect from midnight on 6 December. These increases, Full retirement relief from CGT for intra-family transfers when VAT is included, amount to just under 1.5 cent on a will be maintained for individuals aged 55 to 66. An upper litre of petrol and just over 1.5 cent on a litre of auto limit of €3m on retirement relief for business and farming diesel. assets disposed of within the family is introduced where the individual transferring the assets is aged over 66 The new MOT rates are €587.71 per 1,000 litres for petrol years. This will incentivise earlier transfer of farms. and €479.02 per 1,000 litres for auto-diesel. (The current unlimited amount applies for a transitional The rate for aviation gasoline, which is aligned to the period of two years for individuals currently aged 66 or petrol rate, and the rates for heavy oil used for non- who reach that age before 31 December 2013.) commercial navigation and flying, which are aligned to the auto-diesel rate, are increased accordingly. The current upper limit of €750,000 for assets transferred outside the family for individuals aged between 55 and 66 Tobacco Products Tax years will be maintained. The upper limit for retirement Tobacco Products Tax rates are increased with effect from relief for business and farming assets transferred outside midnight on 6 December. The increase amounts to 25 the family is reduced from €750,000 to €500,000 for cent, inclusive of VAT, on a packet of 20 cigarettes, with individuals aged over 66 years. pro rata increases on other tobacco products. (The current upper limit of €750,000 applies for a transitional period of two years for individuals currently VRT aged 66 or who reach that age before 31 December 2013.) There were no changes announced in the Budget. Full details of these measures will be set out in the Finance Bill.
  • 5. STAMP DUTY Non-Residential Property A new lower rate of 2% has been introduced for non- residential property. The single rate will apply to the entire amount of the consideration and the current exempt threshold of €10,000 has been abolished. The new rate applies to instruments executed on or after 7 December 2011. Transitional arrangements will apply where, as a result of the new rate, a taxpayer is disadvantaged compared to the stamp duty treatment applicable prior to 7 December 2011. The transitional arrangements will apply where an instrument is executed on or after 7 December 2011 and before 1 July 2012 solely in pursuance of a binding contract which had been entered into prior to 7 December 2011. Consanguinity relief, which reduces the stamp duty liability by 50%, will cease to apply to non-residential property for instruments executed after 31 December 2014. FARMER TAXATION Stock Relief for Registered Farm Partnerships An enhanced 50% stock relief (100% for certain young trained farmers) for registered farm partnerships is being introduced and will run until 31 December 2015 subject to clearance with the European Commission under State Aid rules. Changes to CGT retirement relief In order to incentivise the timely transfer of farms before the current owners reach 66 years of age, changes are being made in respect of retirement relief from CGT. Please see the Capital Gains Tax section in this leaflet for further details. www.revenue.ie 6 December 2011