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Irish Finance Act 2000 Improves Taxation Regime For Personal Savings
Jason Gorringe, Tax-news.com, London

15 May 2000

When Finance Minister Charlie McCreevy introduced the Irish Finance Bill 2000, he was criticised in some quarters for loosening his fiscal stance at a time when the Irish economy is booming. One of the tax-reducing measures in the Finance Act is a major change to the tax treatment of personal savings through life assurance policies outside pensions legislation, ie those which permit full cash payouts on maturity.

Under the current system, which was inherited from Britain, tax is deducted each year at 22% from the growth in the life assurance company's funds, and cash payouts are free from tax when they eventually take place. Under the new system, similar to that operated in most other member states of the EU, life assurance funds are allowed to grow without deduction of tax; instead, tax is deducted when a policy is finally encashed. Currently, the rate of tax at maturity would be 25%.

The new system already applies to life assurance companies operating out of the Dublin IFSC (International Financial services Centre), and the new legislation brings the remainder of the domestic industry into line with IFSC practice. The change is a consequence of the Irish government's agreement with Brussels to build one unified tax system, which began with the decision to harmonise corporate tax rates at 12.5% across the economy by 2005. The government could have chosen to bring the IFSC into line with the rest of the country as regards personal savings, but is doing the reverse.

Existing policies do not convert automatically to the new regime - it is necessary to wind up the existing policy and open a new one under the new rules. In many cases the cost of doing this will negate the benefits on offer, so careful checking is in order.

The change is beneficial for the policy-holder in most situations, but not all.

On death or disablement before maturity, the full cash sum available is payable tax-free; disablement is not defined in the legislation but is likely to include entry into a nursing home.

Dublin-based research firm Technical Guidance Ltd has produced a study of the behaviour of a typical policy over time, which shows that people taking early surrender values from savings policies are likely to be worse off under the new legislation, while those maintaining their policies for at least 12 years are likely to be better off. Even after 20 years, the improvement in final payout is only 5%, on fairly conservative assumptions. This is not a bonanza, but how often does government actually reduce taxes?

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