Is the 41% Exit Tax Soon to be Scrapped? Michael McGrath to Review

I wonder if they are completing their Form 8d.

Fine is €1000 per transaction not reported.
 
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The article offers nothing new.

I reckon if they do change the fund rules, it will be a cut-off .... only new purchases are subject to the new regime.
 
Yes good article and it makes the same arguments that have been highlighted in this thread
It is a legacy tax that is out of sync with the modern world
Young people much more interested in DIY investing are flabbergasted at this taxation when it doesn't apply to their peers in Europe.
Ireland went out of its way to attract these ETFs to Ireland and make Ireland their domicile. Now over a trillion dollars invested in irish domiciled ETFs but irish investors locked out because cumbersome and punitive taxation.
The government was happy traditionally to funnel investments into property, pensions and deposits but this model is totally out dated in the world of online trading accounts and execution trades

Also interesting that the mainstream media much more interested in this topic and are giving it exposure, it's no longer a niche discussion so it can't be just brushed under the carpet again
 
joe sod said:
It is a legacy tax that is out of sync with the modern world
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Is it really legacy and out-of-sync with the modern world, or are we just ahead of the curve a few years?

  • Ireland 2015 - Deemed disposal was introduced in 2006, the reasoning being that Revenue didn’t want to wait decades to get its share of investment profits
  • USA March 2022 - This week, President Biden introduced a new tax ...https://home.treasury.gov/system/files/131/General-Explanations-FY2023.pdfwould require wealthy households to remit taxes on unrealized capital gains from assets such as stocks, bonds, or privately held companies.
  • Norway July 2023 - The Norwegian government has decided to review the exit tax regime and introduce stricter rules to ensure that unrealised gains accrued in Norway are actually taxed in Norway
  • Australia October 2023 - This new tax captures unrealised gains from any rises in the value of shares or property or other assets every year, even if they are not sold
  • New Zealand - Above certain thresholds, such gains are taxable on an accrual (yield-to-maturity) basis, which may include unrealised gains
  • ....
That's not an exhaustive list obviously, and you can pick holes in the examples, but my point is that the taxation of unrealised gains is already in-place in some form in plenty of the 'modern world' and is being discussed in many more.

My concern is that much of the discussion around deemed disposal is now so shrill that it hinders actual discussion about how this tax could be reformed to satisfy both the requirement of taxing unrealised gains and that of making stockmarket investing safe and simple for the general public.
 
Zenith63 said:
Is it really legacy and out-of-sync with the modern world, or are we just ahead of the curve a few years?
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The US example is for people with net worth over $100 million, the Australian one for assets over $3 million, the NZ one seems similar.
Those are some pretty big holes in those examples.

Zenith63 said:
Ireland 2015 - Deemed disposal was introduced in 2006, the reasoning being that Revenue didn’t want to wait decades to get its share of investment profits
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Revenue will ultimately get a share of CGT and CGT for Irish investments in aggregate is going to be greater if they don't kill the power of compounding by removing money from investments with deemed disposals. So I'd be interested in seeing a full analysis of this reasoning and why Revenue are not willing to 'wait' - to get a higher CGT share on average. Particularly as we are currently in a period of budget surplus.
 
Protocol said:
Would simply reducing the exit tax rate from 41% to match the CGT rate 33% satisfy most people?
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The current regime will almost certainly be retained - the concept of a harmonised tax rate with final tax at source is just too good to abandon. ETFs which are offering the same proposition as life companies will have to be in the same tax regime but unlikely to want or be given the facility to account for the tax at source so the burden of compliance will remain with the punter.
The idea of allowing losses to be set against gains will not be attractive to life companies - who trades life policies?, so again life companies wagging the dog.
So we will be left with the current regime and the big question is what will be the harmonised Exit Tax rate. The CGT rate is not really the benchmark. The benchmark is the DIRT rate which also happens to be at 33%. ET started life as DIRT +3% because of gross roll-up. It went to the same austerity rate of 41% which is clearly way out of line and very inexplicably stayed there. I think it will come all the way down to the DIRT rate of 33%. There will need to be the same regime as applies to long term deposits. That is if there is a long term guarantee then the life company will have to pay ET on an accrual basis on the guarantee.
 
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Duke of Marmalade said:
ETFs which are offering the same proposition as life companies will have to be in the same tax regime but unlikely to want or be given the facility to account for the tax at source so the burden of compliance will remain with the punter.
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But that's a legacy issue linking etfs to life companies, you obviously have alot of knowledge in this area. You cannot buy a life policy on degiro but you can buy an ETF. ETFs trade the same as shares they have the same tickers etc ,that's the whole reason they were invented. Therefore ETFS are equivalent to shares not life policies

It's like the revenue have all the procedures for a horse and carriage that takes a few days to travel 200km and needs to stop for hay and water. They never foresaw the motor car and that all these procedures for horse and carriage were now irrelevant. But they don't want to disadvantage the remaining horses and carriages so they will force the motor car to travel at 10km an hour and stop for breaks just like the horse and carriage.
It's sort of typical irish establishment thinking remember aer lingus was forced to stop off at Shannon Airport decades after this was made irrelevant by long range jet engines
 
RonnieShinbal88 said:
The US example is for people with net worth over $100 million, the Australian one for assets over $3 million, the NZ one seems similar.
Those are some pretty big holes in those examples.
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Those are just implementation differences and I said I think ours needs reform, my point is that the concept of taxing unrealised capital gains is not 'out of sync' or a 'legacy' concept. Lots of countries have started to tax unrealised gains and one might argue we're the ones now out-of-sync by applying it so narrowly.

RonnieShinbal88 said:
So I'd be interested in seeing a full analysis of this reasoning and why Revenue are not willing to 'wait' - to get a higher CGT share on average.
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Two reasons that require no further analysis:
  1. Capital gains die with you, so they might be waiting indefinitely
  2. Revenue riding shotgun on your investments in the hope of earning more tax revenue at some future date is essentially a sovereign wealth fund administered by the general public. If we decide that money is collectable on behalf of the Irish people, then I would like it invested professionally, not by my neighbour who thinks HODL-ing GameStop is a sure thing.
 
I don't know why anybody would invest in a product with 41% exit tax.
The Funds 2030 consultation asks for views on reforming the tax landscape. It seems to me there will inevitably be two distinct regimes.
1) Individual taxation with annual self assessment at the marginal rate of income tax and USC on income and CGT on capital gains, or
2) Collective taxation at source and at a harmonised rate across income and gains, I think it will be 33%. Also deemed disposal.
Now it is up to each industry to make its case for which camp they want to be in. I know what the life industry will want - (2). I will be surprised if the ETF industry wish for (1).
The distortion that we currently have arises from the emergency/austerity ET rate of 41%. ETFs and life policies once lived happily side by side with the former in camp (1) which is their natural legal habitat, and the latter in (2). But when ET went to 41% the individual regime became easily the more attractive even if much more messy and something had to be done - I agree the solution was crude.
Anyway, which would you prefer for ETFs, income tax and USC on income and CGT on gains or a 33% exit tax with deemed disposal?
 
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The money is collectable after the profits are realised. We clearly very much differ in our viewpoint, because this isn't revenue's 'investment', they have no investment. They should get a share of the gains after an investor realises those. If I have to change my investment strategy to pay capital gains in advance based on one strand of the multiverse (where I realise those gains in the future) then I find that bizarre. It's analagous to arresting people for crimes they will commit in the future as in the movie Minority Report. So my view is that the money is not collectable on behalf of the Irish people until the asset is sold as with shares, and if that isn't the case then let's be consistent and apply it to all capital gains.

The policy is set up so that people 'invest professionally', there is little to no evidence that professional investment out-performs BTW, which is why ETF's are such a threat to some.

If your neighbour makes money investing in Gamestop do you think CGT on that is fair game?
Or should we change the tax laws to have that exempt as a form of gambling?
 
That's a fine view, I was just making the point that taxing unrealised gains is not 'legacy' or 'not modern' - it is done in more and more countries every year.
 
Zenith63 said:
That's a fine view, I was just making the point that taxing unrealised gains is not 'legacy' or 'not modern' - it is done in more and more countries every year.
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For billionaires and people with over $3million invested in the examples you gave, so 'done more and more' to a tiny proportion of investors. Alternative headline is that it's actually very niche/ isn't done widely at all.
 
According to Gerard Sheehy the public consultation resulted in circa 350 submissions, according to him all of these were from private investors and there were none from the financial industry. Obviously the vast majority of these would have called for the abolition of deemed disposal regarding ETfs. Are you saying that the department will canvass the financial industry in private behind closed doors and go with what they want and ignore the public consultation except superficially. That would be like something out of Fr Ted
 
I'm not sure where Gerard got his info from, I don't see anything on the website showing submissions.
My money would be on that (most) ETFs will be put back in their more natural habitat which is income tax + USC on (deemed if necessary) income and CGT on realisations. Life policies will stay on the exit tax/deemed disposal regime but with the ET rate levelled with DIRT (33%). Paradoxically this would point to ETFs for low/nil taxpayers and life policies for higher rate taxpayers.
 
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