IRISH SUNDAY TIMWS  - February  2005

 

Artists who have claimed tax exemption to be outed


MORE than 2,000 painters, sculptors, authors and composers have been told by the Revenue Commissioners that they are about to be outed as  beneficiaries of the artists tax exemption between 1998 and 2001. The publication of their names follows a ruling by Emily O'Reilly, the  ombudsman, following an application under the Freedom of Information  Act.

As well as assisting struggling artists, the tax scheme is a lucrative perk for some of Ireland's super-rich. One multi-millionaire artist was able to avoid paying tax on up to £10m of earnings over eight months in the short tax year of 2001.

The Revenue Commissioners say 28 artists earning between £500,000 and £10m claimed exemption on more than £46.6m in earnings in 2001, the most recent date for which figures are available. The big winners are thought to be members of the musical elite who were given tax breaks on their lyrics and musical compositions.

The scheme, which is currently being reviewed by the Department of Finance, was introduced in 1969 by Charles Haughey, the then finance minister. The tax break convinced several foreign writers and musicians to settle in Ireland, including the writers JP Donleavy and Frederick Forsyth, and musicians such as Ronnie Wood and members of Spandau Ballet.

Despite O'Reilly's decision, none of the artists whose earnings were granted exemption between 1969 and April 21, 1998, the date the Freedom of Information Act came into law, will ever be published.

In a letter to the 2,000 artists whose names are to be revealed, tax officials promise that the disclosure will involve minimal intrusion on their privacy.

Disclosure could arguably be deemed to benefit the individuals concerned, it says. Disclosure would reveal that (the) Revenue considers the works of the artists to be original and creative and to have cultural merit.

There is also significant public interest in ensuring maximum openness regarding public expenditure, particularly where there may be a perceived lack of transparency in the public body's procedures and criteria.  A Revenue spokesman said they had had quite a positive response to the letter. The names are expected to be made public next month.

Bands such as U2, the Corrs, Boyzone, Westlife, and singers such as Enya, Van Morrison and Chris de Burgh are all thought to have availed of the exemption, but their names will not be in next month's list if they first claimed tax credits prior to 1998.

Ciaran Cuffe, the Green party¡¦s equality spokesman, has called for a cap on the amount of income tax relief that can be sought. Ireland allows artists to keep every cent of their artistic earnings, although they pay PRSI.

Since the beginning of 2002 all those applying for exemption have been told that their names will be made public.

This has resulted in the names of 1,044 painters and photographers, 469 authors, 248 sculptors, 234 composers, 156 writers of non-fiction and 143 playwrights being revealed.

They include Bertie Ahern's novelist daughter Cecelia Ahern, Irvine Welsh, the author of Trainspotting, and Bill Cullen, the Renault boss who wrote It's a Long Way from Penny Apples.


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