ICAI News - 10th July 2009

Fri, Jul 10, 2009


The Local Government (Charges) Bill 2009 has now moved down from the Seanad to the Dáil. The substantial change made in the Seanad, as reported here in eNews in recent days, was the dropping of the charge on mobile homes. It now seems likely that the €200 charge will not be applied to Granny Flats either.

The lists of Dáil Committee Stage amendments include a proposed amendment by the Minister, which will introduce two further exemptions to the charge. The first will exempt a person who has had to reside elsewhere because of long term mental or physical infirmity. The residential property in their possession but in which they are not residing would have been otherwise subject to the charge.

The second exemption will take a residence, occupied by a family member of the owner which is on the same site as the owner's residence or within two kilometres of the owner's residence, out of the charge. Provided, that is, that the residence in question is occupied rent free. The exemption also applies to legal guardianship arrangements and ward of court arrangements.

There are several opposition amendments tabled also, many of which request this new charge to be taken under the wing of the Revenue Commissioners. However there is an air of fragility about this legislation. Comparing it say to the parking levy rules of Finance (No.2) Act 2008 - a piece of legislation applying the same charge to another type of real estate - it is not as apparently thorough.

But perhaps it's adequate for purpose. However painful it is for those having to pay it, unfortunately in the overall context it will only collect the equivalent of one or two day's current deficit.

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