Don't like how Ireland taxes investments? Now's your chance to do something about it!

@1straightshooter They wouldn't, now that the market has established that people are willing to pay 2000 euros for a tiny apartment in Dublin. Landlords aren't gonna reduce the rent out of the goodness of their hearts. I think it might make things even worse because property becomes even more lucrative investment and property prices go through the roof.

That's why they need to increase the rental tax credit so that it makes renting more affordable for the tenants.
 
@seangibbons Is the high cap gains a result of low Corp tax? A fairly common thing to do in Spain is set yourself up as a company, invoice, and then draw dividend on the company for your income. So first Corp tax (25%) is applied, and then cap gains(21%) in what you pull out. So you effectively pay 41%. Which is near enough to the effective tax rate for PAYE most salaries, so the incentive is low. A 15% corp with 21% gains gives 33%, so the threshold where it makes sense to set up a company is lower. Cap gains at 33, brings the threshold to 44%.
 
@gardenlady Great post. I think our investment tax is also one of the many contributors to the housing crisis. In the UK you can can currently get around 5% tax free on £20,000 a year. If you added to the ISA over the years you could be getting 5% on £200k. Not to mention the 6%+ on fixed taxable savings and better premium bonds.

I know a few risk averse older landlords who would happily sell their second homes if they could get those returns at the moment.
 
@gardenlady I for one am appalled at how dividends are taxed. Dividend income is already taxed at company level but when i get it, its taxed again at marginal rate of tax.

compare that to interest income which is taxed at 33%.
 
@gardenlady This consultation scares me a little I have to say.

Call me cynical but this looks like the perfect setup to align every investment product to the least favourable tax treatment in the name of consistency.

For exemple, when they are saying that there were concerns raised about taxation of ETFs being less favourable than standard shares (and Investment Trusts), from their perspective a resolution could be to introduce deemed disposal and 41% exit tax for regular shares.

No Irish investors would gain from it and it would make things worse for everyone, but the government could still claim victory and say “we have removed the inconsistency and therefore addressed Irish investor’s concerns”.

People should be mindful of how they phrase their submissions and make sure they cannot be interpreted as aligning everything to the lowest common denominator.
 
@gardenlady I wrote a thing... I'm not sure you will all agree with every aspect, feel free to use it as a template though. I'll copy it here for convenience, and you can shred me in the comments.

A consistent, simplified, fair, and savings incentivising investment taxation regime

I believe that any tax system should be fair, simple, and consistent. I understand the the concept of fairness is somewhat political in nature, but that at the very least consistency and simplicity are desirable goals regardless of political persuasion, as both consistency and simplicity reduce administrative complexity and costs, reduce loopholes and potential abuse of the system, promote diversity of investments across the entire market reducing systemic risk. In my answers to the specific questions below, I provide what I think are proposals that make investment taxation in Ireland consistent and simple, while leaving metaphorical levers in place for the political inclinations of the day to pull to achieve ‘fairness’. Specifically, I would like to see an investment taxation regime that
  • Incentivises investment in more liquid assets other than property and pensions savings, especially for lower income earners, providing savings mechanisms that more are flexible in response life events
  • But also taxes investment earnings from higher income earners fairly, via marginal rate based on total earnings
  • And reduces the administrative and cognitive burden on individuals
Currently, I would describe the investment taxation regime in Ireland as disincentivizing at the most generous, and punitive at the most honest. I believe this has many unfavourable consequences, such as: an over reliance on property as an investment vehicle (contributing to the housing crisis), establishing a general friction to short and medium term savings, and creating an over reliance pension schemes for long term savings that don’t address other savings requirements, e.g: saving for a child’s education, weddings, funerals. Also, pension savings in the state are widely regarded as insufficient for most people.

Q24: No. Given that taxation level has by far the biggest impact on potential returns, the wide array of tax classes inevitably incentives investment choice based on taxation class, as opposed to to more appropriate measures such as risk exposure or investment horizon. This reduces diversity of actual investment by type in the market, creating additional systemic risk.

Q25: No. A fair scheme of taxation would be that earnings (income, interest, profit from investments), regardless of taxation class, are all treated equally, regardless of whether you are an institutional investor or individual. Tax credits may differ based on the type of investor, e.g. individual PAYE investors might receive a tax credit specific to investment earnings (regardless of tax class), while registered day-traders making their living off trading would receive a higher tax credit. Similarly, institutional investors would have their investment earnings treated as profit, but might receive tax credits for targeted investments in R&D, local development, or other government chosen incentive targets.

Q26: Yes, there should be a non-standard taxation rate, of 0%, on retirement (and possibly also education) focused investments in a vein similar to the UK’s ISAs. To clarify, I think it is desirable that individuals are able to adopt savings and investment strategies in addition to traditional pension schemes as a means of diversifying risk while also hopefully increasing their returns. DIRT on non ISA investments should be removed in favour of treating interest earnings like any other earnings, and taxed at the marginal rate. This makes savings and investments generally more effective for lower income earners, while still generating significant revenue for the state from higher income earners.

Q27: Yes, the system as a whole needs simplification. The current taxation regime is arcane, and sets a high barrier to entry for young people and new investors, not to mention incentivizing only specific tax classes based on the differences. I would reiterate that a simplified taxation scheme where all earnings, regardless of source are treated as equivalent and taxed via the marginal tax rate.Q28: Yes. The administrative burden on taxpayers is unreasonably high. It’s 2023, taxpayers shouldn’t have to physically post returns and banker’s drafts for some tax classes, and be able to file online for others.

Q29: Yes, it’s desirable that losses, regardless of asset class, reduce tax burden. Ideally, deemed disposal would be applied at the end of each tax year, such that any deemed gain is considered the same as other earnings, and taxed at the marginal rate, and equally, any deemed loss reduces total earnings. Actually sale events should similarly be reported, self-assessed, and reconciled at the end of the tax year.

Q30: No opinion

Q31: I would reiterate that a simplified taxation scheme where all earnings, regardless of source are treated as equivalent and taxed via the marginal tax rate.

Q32: Probably. There are still going to be some inherent differences required between different types of investor. Differences inherently mean loopholes. Some form of registration or verification system needs to be in place to ensure differences between company, day-trader, PAYE + savings, and pension/life investors aren’t being abused.
 
@anon777 Thanks for sharing your submission. To summarise, your proposal is:
* ISA style scheme (you say for retirement specifically, so this just sounds like our current pension scheme?)
* Investments taxed at marginal rate (ie. ~50% for anyone on over €40k a year)
* Tax on unrealised gains (ie. Deemed disposal) every year

Depending on the details on the ISA scheme, this could be extremely punitive. People in Ireland are already wary of investing because of 33% CGT / 41% LAET + 8 year deemed disposal. No one would invest in Ireland in a world where there was ~50% taxes and deemed disposal every single year.

How would this annual deemed disposal of unrealised gains work on illiquid assets? If not well enforceable then this could drive more people into investing in illiquid assets like property.
 
@gardenlady Pension payouts are treated as income, and are taxed when we take money out of them. ISA savings don't attract tax when they earn interest, dividends, etc. And since they're savings, they don't attract tax since they're not income.

My recommendation is that ISAs in some form are introduced that are tax exempt, by which I mean, reduce your income tax burden, and don't attract taxation on growth, ever. This has to come with some severe restrictions. First, limit the amounts that can be put into ISAs. A yearly max and a lifetime max make sense to me. This stops them being a tax haven like system for the rich. Crucially, any form of consumer level investment should qualify for nomination as contributing to your ISA. This means all investment classes are treated the same in terms of tax (if nominated as ISA contributions). It also allows folks to invest in a wider variety of asset classes, and risk spreads, to suit their preferences. Also, you don't have to wait until retirement to take money out of the ISA, but if you do take money out, it doesn't reduce your lifetime contributions, so you lose the ability to make that amount keep earning tax free. This is something useful for, say, paying for a child's education, a wedding, a newborn, etc. Hell, even a car if you want. Your money, but you lose potential earnings if you use it. Maybe this needs to be more regulated, not sure.

Everything not in the ISA framework is stuff you've earned. I see it as income, and think it's simplest if all money you make regardless of how you make it, it treated the same for taxation purposes. I would definitely be in favour of adjusting and increasing the number of bands, say every 10% is a band up to 50%, such that you're only paying 50% taxes up around the 60/70k mark.

I agree property is difficult, because it's hard to establish a fair market value for it without actually selling it. That said, exempting primary residences seems reasonable. But second homes, properties specifically to rent, etc. Same treatment as other investment/income classes. Lump gains together, and tax them the same. The point regular deemed disposal is to spread the hit, and also sync up the idea of annual tax credits with annual gains. Instead of big gains every 8 years, that you can only apply one year's tax credit to (I know, no tax credits exist right now, but I'm suggesting they would if it's all taxed as income) you get to spread the tax hit over each year, smaller gains, less taxes, absorbed more easily by multiple tax credits. The other option is to be able retroactively use previous years tax credits for intermittent deemed disposal. Also, don't make me self assess. As Joe Consumer, everything I want to do in terms of investment goes through regulated brokers of some sort who maintain a paper trail. Those brokers should be submitting their forms to revenue.
 
@anon777 I agree with most of this, great stuff and well done for submitting. Very similar to my own submission!

But the one thing I question is deemed disposal - nowhere in the developed world does such a punitive tax exist and it really should be abolished entirely. I don't think changing this to every year fixes anything - if anything, it actually makes it worse. It might be psychologically easier to wrap it up in an annual tax return as it becomes more routine and involves smaller/more trivial numbers, but it also creates even more drag on a portfolio by hampering compounding even more than it already does.

Investors should be allowed to compound their wealth as much as possible and should not be punished for displaying good investor behaviour (not selling/staying invested for long periods of time) - investors building higher value portfolios also means bigger tax bills for Revenue when gains are genuinely realised in future.

But even under current rules, investors are better off being able to compound for 8 years at least, rather than being taxed every year and almost preventing compounding at all.
 
@gardenlady All good points. Another one to push for is to auto increase all tax thresholds in line with the CPI inflation rate.

The value of exemptions and standard rate cut off points have all been eroded over time with inflation as the government never increased them in line with it.

The CGT personal exemption has been €1270 as far back as I can remember. It goes back to when we had punts as £1000 = €1270

It likely hasn't increased in 25+ years while inflation has increased exponentially
 
@gardenlady
If the government wants more regular tax take then perhaps they could restrict access to accumulating funds (I know this would be unfortunate but there will have to be compromises made somewhere - it would still be a hell of a lot better than it currently is)

Are you sure forcing dividends is better than deemed disposal? Not saying it isn't, just wondering if you've made the calculations.
 
@undecided00 I previously did a post on ETFs versus Investment Trusts which basically shows that even with dividends being paid out (as is the case with ITs) the IT wins easily over a medium/long holding period. Dividend yields just aren't that high for the major indices compared to the capital gain, so you're better off taking the hit on the dividend and letting your capital appreciate untaxed.
 

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