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Force a Referendum on the Property Tax

  • 20-03-2012 4:48am
    #1
    Registered Users, Registered Users 2 Posts: 221 ✭✭


    Seeing as the governement are going to force deduction-at-source, why can we not as people force a referendum on the issue?

    I propose the following to be campaigned for inclusion in the constitution -

    "The family home, that is the primary residence of the family, shall be free from property taxes or rates"

    Anyone with me?


«134

Comments

  • Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    As delusional a response as Grover Norquist's campaign for pledges for No New Taxes in the US.

    http://en.wikipedia.org/wiki/Grover_Norquist

    Or more entertainingly...

    http://www.thedailyshow.com/watch/mon-march-12-2012/grover-norquist

    Watch and I think you will understand why absolute pledges or outright bans or restrictions on taxes are economically illiterate.


  • Banned (with Prison Access) Posts: 13,018 ✭✭✭✭jank


    Seeing as the governement are going to force deduction-at-source, why can we not as people force a referendum on the issue?

    I propose the following to be campaigned for inclusion in the constitution -

    "The family home, that is the primary residence of the family, shall be free from property taxes or rates"

    Anyone with me?

    Eh, no. How are we going to pay for services? Property taxes is a thing that is very common in the western world.


  • Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    It's not new OP, these local rates existed before Jack Lynch abolished them

    Though that was a right mess of a system with different valuations and waivers. It happens over time with complicated bureaucracies
    Wasn't a very equal system, it could have been fixed but instead it was axed


  • Registered Users, Registered Users 2 Posts: 4,314 ✭✭✭BOHtox


    Seeing as the governement are going to force deduction-at-source, why can we not as people force a referendum on the issue?

    I propose the following to be campaigned for inclusion in the constitution -

    "The family home, that is the primary residence of the family, shall be free from property taxes or rates"

    Anyone with me?

    Hard luck, mate!


  • Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    MadsL wrote: »
    As delusional a response as Grover Norquist's campaign for pledges for No New Taxes in the US.

    http://en.wikipedia.org/wiki/Grover_Norquist

    Or more entertainingly...

    http://www.thedailyshow.com/watch/mon-march-12-2012/grover-norquist

    Watch and I think you will understand why absolute pledges or outright bans or restrictions on taxes are economically illiterate.


    Well said, the opposition to this tax has been delusional from the first.

    From the so-called socialists of the ULA and SF opposing it on ideological grounds which makes the mind boggle to the more mainstream chattering classes opposing it on cost grounds when other tax increases are going to hit them by more, the opposition to the tax have been living in some sort of alternate reality.


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  • Registered Users, Registered Users 2 Posts: 14,573 ✭✭✭✭ednwireland


    i actually object to the lack of billing, if these taxes are supporting local services i want to know what my local authority i sspending it on. we get this at budget time at a macro level for health social services etc.

    if i'm paying a tax i want the council to tell me what they are spending it on (the only good thing about the council tax in the ulk you do get a breakdown - however arbitary)

    anyway they've annoyed me so much i'll take th e10 euro hit at the end of march just to annoy the gov back so i'm now not paying, where i was going to before !


  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    i actually object to the lack of billing, if these taxes are supporting local services i want to know what my local authority i sspending it on. we get this at budget time at a macro level for health social services etc.

    if i'm paying a tax i want the council to tell me what they are spending it on (the only good thing about the council tax in the ulk you do get a breakdown - however arbitary)

    anyway they've annoyed me so much i'll take th e10 euro hit at the end of march just to annoy the gov back so i'm now not paying, where i was going to before !

    Councils do publish Accounts every year and the manager usually outlines the main points at Council meetings. Donegal has made big cuts to wages in the couple of years for example. If they intend bringing in a proper tax and not this haphazard one, its something they should be mandated to do, say sending out a small leaflet on the actual budget.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    i actually object to the lack of billing, if these taxes are supporting local services i want to know what my local authority i sspending it on. we get this at budget time at a macro level for health social services etc.

    if i'm paying a tax i want the council to tell me what they are spending it on (the only good thing about the council tax in the ulk you do get a breakdown - however arbitary)

    anyway they've annoyed me so much i'll take th e10 euro hit at the end of march just to annoy the gov back so i'm now not paying, where i was going to before !


    I can only speak for my own local authority as I live in the area and keep up with their publications.
    http://www.fingalcoco.ie/YourLocalCouncil/AboutFingal/OtherServices/Finance/AnnualBudget/Annual%20Budget%202012.pdf


    read the link for their 76-page document on their 2012 budget which gives a huge amount of information on where they spend my money.

    A lot of money is spent - €221m - but it is 11% down on last year.


  • Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    Speaking as someone as delusion to think that Governments should have a minimum impact on peoples lives and this includes the massive government expenditure that is designed in part to ensure the re-election of the politicians proposing. The Govern. wish to pass a referendum ensuring a balanced budget, and yet they insist on raising tax revenue where there is no generation - ie the family house which exists not as an economic right but a fundamental human right - that of as a shelter and not as a means to create a socialised state.


  • Registered Users, Registered Users 2 Posts: 246 ✭✭GUIGuy


    Services? What services... if you live in an estate/apt block that is managed by a private company (which the council refuses to take charge for) we already pay for:
    • Trash Collection
    • Public Liability Insurance
    • Road, Paving & Street furniture maintenance
    • Street Lighting

    Water is going to be charged separately
    There are call out charges for emergency services
    We already pay road tax for public road maintenance

    ... so what local 'service' is this tax to pay for? This tax will keep lots of local bureaucrats in jobs no doubt. Its another make work scheme where the 'services' are in fact just the jobs created to administer the tax.


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  • Registered Users, Registered Users 2 Posts: 1,787 ✭✭✭xflyer


    The problem with this charge is that's a crude attempt by the government to raise some more money to hand over to the banks and the rest. It's also an attempt to build up a database of people liable for further taxes like water rates and the the new 'Rates'.

    Let no one pretend that this is for local services. Rates were abolished years ago because they were a mess. So after that we paid higher income taxes to fund local services.

    You're the one who is delusional if you think this tax is for local services to bring us into line other countries. It's stretching coincidence to the limit to think this is being introduced now but it's nothing to do with the problems we face.

    We don't need a referendum, failing to pay this tax is a referendum in itself.


  • Registered Users, Registered Users 2 Posts: 14,573 ✭✭✭✭ednwireland


    Godge wrote: »
    I can only speak for my own local authority as I live in the area and keep up with their publications.
    http://www.fingalcoco.ie/YourLocalCouncil/AboutFingal/OtherServices/Finance/AnnualBudget/Annual%20Budget%202012.pdf


    read the link for their 76-page document on their 2012 budget which gives a huge amount of information on where they spend my money.

    A lot of money is spent - €221m - but it is 11% down on last year.

    thanks for that but if its on donegal coco's website they sure dont make it easy to find - i looked through most of the relevant links and the search function doesnt work.


  • Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    thanks for that but if its on donegal coco's website they sure dont make it easy to find - i looked through most of the relevant links and the search function doesnt work.

    Yeah, even though it was adopted in the end,

    http://www.inishowennews.com/012DonegaBudget019.htm

    it doesn't seem to have been published on the website. The 2011 budget is there fwiw.

    http://www.donegalcoco.ie/council/publications/Budget2010.htm


  • Registered Users, Registered Users 2 Posts: 5,606 ✭✭✭schemingbohemia


    thanks for that but if its on donegal coco's website they sure dont make it easy to find - i looked through most of the relevant links and the search function doesnt work.

    Not that difficult to find but not the most recent

    http://www.donegalcoco.ie/council/publications/Budget2010.htm


  • Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    GUIGuy wrote: »
    Services? What services... if you live in an estate/apt block that is managed by a private company (which the council refuses to take charge for) we already pay for:
    • Trash Collection
    • Public Liability Insurance
    • Road, Paving & Street furniture maintenance
    • Street Lighting
    Water is going to be charged separately
    There are call out charges for emergency services
    We already pay road tax for public road maintenance

    ... so what local 'service' is this tax to pay for? This tax will keep lots of local bureaucrats in jobs no doubt. Its another make work scheme where the 'services' are in fact just the jobs created to administer the tax.
    xflyer wrote: »
    The problem with this charge is that's a crude attempt by the government to raise some more money to hand over to the banks and the rest. It's also an attempt to build up a database of people liable for further taxes like water rates and the the new 'Rates'.

    Let no one pretend that this is for local services. Rates were abolished years ago because they were a mess. So after that we paid higher income taxes to fund local services.

    You're the one who is delusional if you think this tax is for local services to bring us into line other countries. It's stretching coincidence to the limit to think this is being introduced now but it's nothing to do with the problems we face.

    We don't need a referendum, failing to pay this tax is a referendum in itself.


    http://www.fingalcoco.ie/YourLocalCouncil/AboutFingal/OtherServices/Finance/AnnualBudget/Annual%20Budget%202012.pdf


    Ok, where is the money going and what is it to be used for are the common complaints.

    Well, the money is going to local authorities and is being used for local services. You can get the budget for 2012 (or at least 2011) from most local authority websites, there is more information in it that most people can handle.

    At the moment (see Table 2 on page 13 of the Fingal budget) local authority income mainly comes from rates on local businesses. The other main source of income is the Local Government Fund - this is a payment made by the Central Government to local authorities. The Household Charge will replace this, saving the central government money and meaning they don't have to increase income tax. It may also replace the road grants and other grants categories, money which also comes from the centre.

    The theory behind this is that people who have always funded local authorities through their taxation going into the Local Government Fund and haven't paid too much attention to what it was spent on will now wake up and pay more attention now that the money is going directly. Some of the more rational posts here already show that people are waking up to this fact (leaving aside the usual ranting about the banks).


  • Registered Users, Registered Users 2 Posts: 13,104 ✭✭✭✭djpbarry


    xflyer wrote: »
    The problem with this charge is that's a crude attempt by the government to raise some more money to hand over to the banks and the rest.
    This has got absolutely nothing to do with "the banks". It's real simple - Ireland is spending way more than it can afford to on welfare and public sector salaries. Realistically, spending cuts alone are not going to plug the gap in spending, so the overall tax take has to be raised.


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Sudsy86


    Spending Cuts First
    Taxes second

    Ppl now starting off in employment wll never be able to see the types of wages some ppl in this country are currently availing of(im talking public and private)...All we get these days is recession recession recession...

    Its grand for ppl who are on this type of money to be happy to pay €100 but for those starting off on much much lower saleries its alot of money...

    I have a god given right to own a house (before anyways says otherwise)...I pay enough tax as it is(even though some would argue we are below most EU states)...I may not pay more than 37-38% tax but the rest of my money goes to paying the elecy, gas, bins, food and so on so forth...This is not paid for me by my local council and will not be paid for me by yet another taxation on my house...

    I'd give them an extra €100 a month if it went towards my local service needs as I would save alot more on bills if it did, but this is not the case...

    I agree a referendum would be nice but it's not gonna happen...We voted for them...I hear alot of ppl blaming us(the ppl of ireland) for the mess as we voted for FF for all these years...We voted FG now and what has been done?...What Political party is gonna do any better?

    It's time for the ppl to do what our representitives cannot...Iceland did it - why cant we?


  • Closed Accounts Posts: 11,299 ✭✭✭✭later12


    Sudsy86 wrote: »
    I have a god given right to own a house
    I don't remember that lesson from bible class. You cannot be serious?

    As opposed as I am to the household charge, I think arguments like the above do the perfectly rational arguments against it no favours at all.


  • Registered Users, Registered Users 2 Posts: 13,104 ✭✭✭✭djpbarry


    Sudsy86 wrote: »
    Spending Cuts First
    Taxes second
    What level of spending cuts are necessary before you’ll consider increased taxation?
    Sudsy86 wrote: »
    Ppl now starting off in employment wll never be able to see the types of wages some ppl in this country are currently availing of...
    That’s not necessarily a bad thing – excessive labour costs make the country uncompetitive which is generally bad for everyone.
    Sudsy86 wrote: »
    I have a god given right to own a house...
    Bollocks.
    Sudsy86 wrote: »
    I'd give them an extra €100 a month if it went towards my local service needs as I would save alot more on bills if it did, but this is not the case...
    So where is it going then?
    Sudsy86 wrote: »
    It's time for the ppl to do what our representitives cannot...Iceland did it - why cant we?
    What did Iceland do?


  • Registered Users, Registered Users 2 Posts: 20,299 ✭✭✭✭MadsL


    Sudsy86 wrote: »
    I have a god given right to own a house

    Nope. You have a basic human right to housing. But there is nothing in the Constitution or the Bible or the Book of Morman or the Qu'ran about your right to own a house. If you want the proof of this, then where is your free house?


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  • Registered Users, Registered Users 2 Posts: 129 ✭✭Sudsy86


    later12 wrote: »
    I don't remember that lesson from bible class. You cannot be serious?

    As opposed as I am to the household charge, I think arguments like the above do the perfectly rational arguments against it no favours at all.

    Ok ya sry, God given was wrong term to us...Damn my catholic upbringing!!!

    Are you trying to say that every individual person has no right to owning their own home?


  • Registered Users, Registered Users 2 Posts: 13,104 ✭✭✭✭djpbarry


    Sudsy86 wrote: »
    Are you trying to say that every individual person has no right to owning their own home?
    That is correct.


  • Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    The ECHR, whilst not God, does grant protection and respect as a mater of basic Human Rights to a person's home. Given the attitude and comments of Minister Hogan the latter quality is one that is lacking in this government.


  • Closed Accounts Posts: 11,299 ✭✭✭✭later12


    Sudsy86 wrote: »
    Are you trying to say that every individual person has no right to owning their own home?
    No, of course not. They have a right to own their own home if they can afford to pay for it.

    But nobody has an absolute right to home ownership


  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    Sudsy86 wrote: »
    Ok ya sry, God given was wrong term to us...Damn my catholic upbringing!!!

    Are you trying to say that every individual person has no right to owning their own home?

    Why would they have a right to own it? We had that thinking during the bubble and it didn't get us too far.

    Nobody has a right to own a home and there are measures the Government use to ensure everybody has a roof over their head, though sometimes imperfect, Rent Allowance and Council housing the two main ones.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 129 ✭✭Sudsy86


    djpbarry wrote: »
    What level of spending cuts are necessary before you’ll consider increased taxation?
    That’s not necessarily a bad thing – excessive labour costs make the country uncompetitive which is generally bad for everyone.
    Bollocks.
    So where is it going then?
    What did Iceland do?

    I'm sure you are not disagreeing that their are more spending custs required...Your question is very valid...A massive reduction of the public sector pay bill would be a nice start but I didn't now want to say as threads have a nice ability in going off topic when these are mentioned...

    I may not have made my point about wages difference clearer...Cost of living in this country is the same for every person with or without a job...Now its is getting extremely more difficult to get pay increases as most employers play the recession card but this does not mean the cost of living is decreasing in tune with the reduction in wages...

    Ya ok God given was the wrong choice of words but again we all curse in the name of god out of habit...

    That is the point on the agenda, where are they going...I wish I could answer this...

    Iceland's GDP from what I have read will recover alot faster than ours...For one the stood up to EU and burned their bondholders (this is not an excuse for not paying the tax, its an example of the ppl of iceland standing up for what they believe is right decision for them)


  • Closed Accounts Posts: 256 ✭✭Statistician


    djpbarry wrote: »
    What level of spending cuts are necessary before you’ll consider increased taxation?

    Reverse every decision made by Bertie Ahern.
    This should bring us back to a sustainable level of spending.


  • Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭jimmycrackcorm


    djpbarry wrote: »
    What level of spending cuts are necessary before you’ll consider increased taxation??

    I'd go with cutting back to a small budget deficit so that we could tell the ecb no thanks we don't need to pay back any more money.


  • Registered Users, Registered Users 2 Posts: 129 ✭✭Sudsy86


    K-9 wrote: »
    Why would they have a right to own it? We had that thinking during the bubble and it didn't get us too far.

    Nobody has a right to own a home and there are measures the Government use to ensure everybody has a roof over their head, though sometimes imperfect, Rent Allowance and Council housing the two main ones.

    As later12 corrected "The if they are willing to pay for it" is the part I mistakenly left out


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  • Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    Sudsy86 wrote: »
    I have a god given right to own a house (before anyways says otherwise


    Ah come on, are there still people spouting this rubbish four years into a mess partly created by the Irish people's stupid addiction to acquiring property at all costs?


  • Closed Accounts Posts: 21,727 ✭✭✭✭Godge


    Sudsy86 wrote: »
    I'm sure you are not disagreeing that their are more spending custs required...Your question is very valid...A massive reduction of the public sector pay bill would be a nice start but I didn't now want to say as threads have a nice ability in going off topic when these are mentioned...)

    A massive reduction of the public sector pay bill, I assume by cutting pay to public servants again. Two questions:

    (1) Do you know how much the pay bill (not including pensions) has gone down by already?
    (2) What strategy do you have for dealing with the inevitable strike action?
    Sudsy86 wrote: »

    I may not have made my point about wages difference clearer...Cost of living in this country is the same for every person with or without a job...Now its is getting extremely more difficult to get pay increases as most employers play the recession card but this does not mean the cost of living is decreasing in tune with the reduction in wages...)

    Yes, it is getting extremely more difficult to get pay increases as employers play the recession card but you are advocating pay cuts for the public sector and you are crying about no pay increases for the private sector? Lots of people working in companies in the private sector got increases this year, about 2% being the norm, mostly in large retail, pharma companies, IT companies, union-organised companies etc.

    Sudsy86 wrote: »
    Ya ok God given was the wrong choice of words but again we all curse in the name of god out of habit...

    That is the point on the agenda, where are they going...I wish I could answer this...

    Iceland's GDP from what I have read will recover alot faster than ours...For one the stood up to EU and burned their bondholders (this is not an excuse for not paying the tax, its an example of the ppl of iceland standing up for what they believe is right decision for them)

    Do you want to live in Iceland and eat nothing but fish for the next fifty years? Iceland is far from recovered, its economy collapsed further than Ireland's and its net growth since 2006 is less than Ireland's. Its ability to borrow on the bond markets is limited - one of the advantages of the EU/IMF bailout is that we are paying around 3% for our borrowing, Iceland is paying a lot more.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    The property tax would have to require a constitutional amendment to be constitutional. Step one would be to identify how the proposed tax is unconstitutional.


  • Closed Accounts Posts: 11,299 ✭✭✭✭later12


    I don't get it. Nobody here has suggested the property tax is unconstitutional.


  • Registered Users, Registered Users 2 Posts: 13,104 ✭✭✭✭djpbarry


    Sudsy86 wrote: »
    I'm sure you are not disagreeing that their are more spending custs required...
    No I’m not, I’m just highly sceptical that cuts alone can balance the books.
    Sudsy86 wrote: »
    I may not have made my point about wages difference clearer...Cost of living in this country is the same for every person with or without a job...Now its is getting extremely more difficult to get pay increases as most employers play the recession card but this does not mean the cost of living is decreasing in tune with the reduction in wages...
    Gross salaries in Ireland, on average, have not decreased to any significant extent over the last number of years (although net salaries will have due to increased deductions).
    Sudsy86 wrote: »
    That is the point on the agenda, where are they going...I wish I could answer this...
    They’re going to the exchequer to lower the budget deficit.
    Sudsy86 wrote: »
    Iceland's GDP from what I have read will recover alot faster than ours...For one the stood up to EU and burned their bondholders (this is not an excuse for not paying the tax, its an example of the ppl of iceland standing up for what they believe is right decision for them)
    It’s already been pointed out on this thread, but the situation in Iceland has been portrayed in a rather creative manner on more than one occasion.
    I'd go with cutting back to a small budget deficit...
    Ok, but do you think a small budget deficit is obtainable through spending cuts alone?


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    later12 wrote: »
    I don't get it. Nobody here has suggested the property tax is unconstitutional.
    So why would we need a referendum on it? Unless the suggestion is that we hold an Ordinary Referendum for the first time in the state (still don't see a good reason for that though)?

    If this thread falls at the most basic of hurdles I'm surprised it's still open.


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  • Closed Accounts Posts: 11,299 ✭✭✭✭later12


    So why would we need a referendum on it?
    Did you read the OP?

    He is talking about a new constitutional proposal, not the amendment of an existing provision.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    later12 wrote: »
    Did you read the OP?

    He is talking about a new constitutional proposal, not the amendment of an existing provision.
    I did, but perhaps the quality leaves something to be desired (or else you just like to disagree with everything I say because you're bored or something)
    Seeing as the governement are going to force deduction-at-source, why can we not as people force a referendum on the issue?

    Point 1: which indicates that the referendum is necessary because of the "force[d] deduction-at-source" being the reason we should force a referendum on the "issue".
    I propose the following to be campaigned for inclusion in the constitution -

    "The family home, that is the primary residence of the family, shall be free from property taxes or rates"

    Point 2: Suggesting a flawed from the start proposal to add an additional article to the constitution which is, frankly, ridiculous.


    I'm asking, as per the thread title - why would we need a referendum on the property tax?


  • Closed Accounts Posts: 11,299 ✭✭✭✭later12


    I'm glad you have now read the OP.

    The OP is suggesting that an impermissibility of the introduction of a property tax/ domestic rates be established at constitutional level. If you have a problem with that, step one is questioning the desirability of a constitutional provision. Step one is not "to identify how the proposed tax is unconstitutional" as you suggested - for this suggests you thought the argument was that the property tax is not constitutional.


  • Closed Accounts Posts: 11,299 ✭✭✭✭later12


    You believe the OP is stating that it is not permissible to introduce a property tax without doing so at the constitutional level? Hm.
    No.

    I believe the OP wishes for there to be a constitutional provision rendering the introduction of such a tax by Government impossible. I believe his or her statement to that effect (whatever about the value of such a suggestion) would be glaringly obvious to anyone who read the OP.


  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    djpbarry wrote: »
    This has got absolutely nothing to do with "the banks". It's real simple - Ireland is spending way more than it can afford to on welfare and public sector salaries. Realistically, spending cuts alone are not going to plug the gap in spending, so the overall tax take has to be raised.

    Yep, Ireland is spending more than it takes in, that is very obvious.
    But to suggest that this property tax and a whole host of other measures have gotten "nothing to do with the banks" is to have a very small view on a very small picture.

    The country has taken on the debts of many private institutions, at great cost to this and future generations. These decisions were made on the fly without the consent of the population. We would hold a referendum for a hell of a lot less.

    I realise we have a major sovereign deficit and this has to be tackled but this has been made all the worse (lack of options for borrowing etc) by our massive exposure to banking debt.

    People have a right to link this and other measures to where the money gets spent. We've been told it gets spent locally. The reality is we have 3.1 billion to repay as part of the Anglo bailout this month as well as many more billions over the next number of years and an unknown amount of taxes to come down the line.


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  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Perhaps "understanding" the OP requires either no legal knowledge or a suspension of same.

    The presumption here is that it is possible to somehow "force" a referendum to amend the Constitution on a whim. In reality, we have two possibilities:
    1. There is a Constitutionality issue with the proposed tax in relation to our Constitution as it stands. Therefore we would need to either alter the Constitution to allow a property tax, or we could not have one as it is somehow inconsistent with the current law.
    2. There is the 31st Amendment Bill proposed in the Dáil (the very people that have proposed the property tax) to amend the Constitution to state that "The family home, that is the primary residence of the family, shall be free from property taxes or rates".

    It would require 109 members of government and those opposition party members that support the property tax to simultaneously have a stroke to have any chance of happening in reality. Are we in la-la land here or am I missing something?

    So yes, pardon me for thinking that the OP may have believed there was some level of unconstitutionality in there being a property tax, because otherwise it's unmitigated nonsense.


  • Registered Users, Registered Users 2 Posts: 23,283 ✭✭✭✭Scofflaw


    later12 wrote: »
    I'm glad you have now read the OP.

    The OP is suggesting that an impermissibility of the introduction of a property tax/ domestic rates be established at constitutional level. If you have a problem with that, step one is questioning the desirability of a constitutional provision. Step one is not "to identify how the proposed tax is unconstitutional" as you suggested - for this suggests you thought the argument was that the property tax is not constitutional.

    Can we perhaps manage with a little less of the snide?

    moderately,
    Scofflaw


  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    Perhaps "understanding" the OP requires either no legal knowledge or a suspension of same.

    The presumption here is that it is possible to somehow "force" a referendum to amend the Constitution on a whim. In reality, we have two possibilities:
    1. There is a Constitutionality issue with the proposed tax in relation to our Constitution as it stands. Therefore we would need to either alter the Constitution to allow a property tax, or we could not have one as it is somehow inconsistent with the current law.
    2. There is the 31st Amendment Bill proposed in the Dáil (the very people that have proposed the property tax) to amend the Constitution to state that "The family home, that is the primary residence of the family, shall be free from property taxes or rates".

    It would require 109 members of government and those opposition party members that support the property tax to simultaneously have a stroke to have any chance of happening in reality. Are we in la-la land here or am I missing something?

    So yes, pardon me for thinking that the OP may have believed there was some level of unconstitutionality in there being a property tax, because otherwise it's unmitigated nonsense.


    My reading of the OP is that the deduction at source part may cause a constitutional difficulty.

    The actual Referendum wording seems to be a different matter again.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    K-9 wrote: »
    My reading of the OP is that the deduction at source part may cause a constitutional difficulty.

    The actual Referendum wording seems to be a different matter again.
    That was mine too, but that brought on accusations that I hadn't read the OP. Perhaps I have missed the point as to what the rationale is for these types of deductions being unconstitutional or questionable on constitutional grounds though - it's an interesting, albeit extraordinarily hypothetical, question.


  • Registered Users, Registered Users 2 Posts: 2,512 ✭✭✭Ellis Dee


    There is no such thing as a free lunch (that would be ilmainen lounas in Olli Rehn's mother tongue) and no government can function without tax revenues. If they don't collect it one way, they'll just do it another way. How efficiently the tax revenues are used is, of course, another matter, but in the end it is up to us, the citizens, to be vigilant and make sure as little as possible of the money is wasted.:) But that does not change the fact that money has to be raised.

    As for property tax, I'm not exactly thrilled at the thought of paying it, but €100 isn't going to hit me too hard and I'm glad I don't have to pay rent and have something to leave the kids when I shuffle off this mortal coil.:D

    A referendum and the campaign associated with it would only cost millions more. And where is that going to come from if not from more taxes, fees or levies of some kind or other? Besides, our legislators need to concentrate as much as possible right now on sorting out the mess the country is in rather than fighting a referendum campaign, unless we want to continue to get lectures in Latin from a Finn.


  • Registered Users, Registered Users 2 Posts: 53,055 ✭✭✭✭tayto lover


    K-9 wrote: »
    Why would they have a right to own it? We had that thinking during the bubble and it didn't get us too far.

    Nobody has a right to own a home and there are measures the Government use to ensure everybody has a roof over their head, though sometimes imperfect, Rent Allowance and Council housing the two main ones.

    So we follow the Germans in this too then.
    Next we'll be putting out our towels on the beaches.


  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    That was mine too, but that brought on accusations that I hadn't read the OP. Perhaps I have missed the point as to what the rationale is for these types of deductions being unconstitutional or questionable on constitutional grounds though - it's an interesting, albeit extraordinarily hypothetical, question.

    I don't know myself, we seem have a new breed of legal experts these days, seems quite the in thing these days along with economists!

    I suppose PAYE/PRSI are deducted at source but seeing as this is a self assessment tax I don't know if they could deduct it from wages. There's a notion that they may use utility bills to deduct it but can't see it being a political runner, never mind constitutional matters.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 43,311 ✭✭✭✭K-9


    So we follow the Germans in this too then.
    Next we'll be putting out our towels on the beaches.

    Follow the Germans in what? The right to housing or the right to own a house? Do they even have a property tax, I don't have a clue.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Registered Users, Registered Users 2 Posts: 13,104 ✭✭✭✭djpbarry


    kippy wrote: »
    Yep, Ireland is spending more than it takes in, that is very obvious.
    But to suggest that this property tax and a whole host of other measures have gotten "nothing to do with the banks" is to have a very small view on a very small picture.
    It really isn't. Ireland splurged on the back of stamp duty and other consumer-related receipts. Those receipts have now dried up. Something has to plug the gap (and spending has to be reigned in). Banks do not feature.


  • Closed Accounts Posts: 237 ✭✭Old Tom


    jank wrote: »
    Eh, no. How are we going to pay for services?
    Exactly the same way as we used to be paying for the past 50+ years...?
    jank wrote: »
    Property taxes is a thing that is very common in the western world.
    Great, that is brilliant justification. What else is common in the western world and as such we have to adopt it?? 40% corporate tax perhaps? :rolleyes:


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