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Irish Property Market chat II - *read mod note post #1 before posting*

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Comments

  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    So only yearly and holiday homes get taxed? Why is only dependent related? My cousin is living there at the moment because I helping them out. What laws needs to be changed so you can store that information?

    You can go back and address the other points you ignored

    PPR doesn't mean a property is vacant or not



  • Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭DataDude


    I assume if your cousin is living there he is either paying rent which you are paying tax on, or if he’s not paying rent, then he is declaring it as a gift valued in excess of €3k per annum and paying the associated CAT?

    Assuming the above there will be no issue showing this property is not in scope.



  • Registered Users, Registered Users 2 Posts: 176 ✭✭Eclectic Econometrics


    I get this point. Broadly speaking I am not against incentivising the development of property or even land through taxation. However, I do agree with Fliball123 in so far as this thread quite frequently advocates for higher taxes. I have seen people say that there should be increased annual taxes placed on properties (nigh on punitive, mind you), which are determined by the value of the house, in order to encourage older people to downsize. This increased tax would then be reflected in lower income tax (lol).

    In the real world I am going to be paying extra tax on my house and my income taxes are going to stay the same. If you don't believe me I have a temporary USC bridge to sell you.



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    The points you claim I've ignored have been addressed as nauseam in my previous posts on this subject.

    Case in point:

    PPR doesn't mean a property is vacant or not

    I've repeatedly said PPR should be exempt from vacancy tax, that's the whole point of declaring it. It's irrelevant whether it's occupied or not.



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    A holiday home is not a mad scenario but that is ignored when brought up.



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  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    But you aren't putting that into how you would class a property as vacant. So you now want to get another piece of information to decide if something is vacant. What law are you going to change to get this data and use it



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    Like most people I'm instinctively against higher taxes, whether that is income or housing or anything else, but inevitably sometimes there will situations where a tax is needed.

    8% vacancy rate at a time when there is a chronic shortage of houses available to rent or buy is undoubtedly one of those situations.

    I'm not unsympathetic to the rights of property owners, far from from it. I've repeatedly said on here that alongside the stick of a vacancy tax I'd like to see carrot measures introduced for landlords eg removal of rent caps, address imbalance between landlord/tenant rights etc.



  • Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭DataDude


    I would imagine if put to a public vote, the majority would be ok with holiday homes getting the higher tax rate as collateral damage. Some may not agree, but I don’t agree with paying 52.1% of my bonus to revenue. Thats life I guess.

    If the consensus of voters was to exclude holiday homes this could be done with some basic analysis of electricity and gas usage. Properties could also be periodically inspected for habitability. Gross dereliction is one of the biggest scourges and neighbours would be more than delighted to report those falsely declared as holiday homes.

    Waiting for ‘oh but I light the house with candles and dont use appliances’.



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    You didn't answer the other questions at all. I have asked you to clarify everything to see how it all works.

    Am I to take it you are happy with the 30 days of use as means it is not vacant? You are happy to have a house vacant 9 years if the person is in a nursing home but only if they are using fair deal?



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    Or simply have solar power meet their needs. Again you want even more information from a source to make this work. You need legislation for that and pay for people to process all this data. The thing is public opinion doesn't change the laws or constitution.

    I wouldn't be so sure the public would follow your belief as many people use holidays homes that they don't own but family do. Most people feel if they own something the government don't get to say how it is used or if not used at all. Property owning rights are a big deal and meant to prevent government overreach because of the history here.



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  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    I've addressed this. If it is in an RPZ you pay the vacancy tax, if not it is exempt.



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    I'm not happy with the current 30 day tax as it is far too easy to do exactly what you describe - claim your cousin was living their as a favour for 1 month and leave it vacant for 11 months.

    Re 9 years vacant as somebody is in a nursing home as I've said repeatedly if it is their PPR I'm fine with that, fair deal makes no difference.



  • Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭DataDude


    Laws change all the time.

    A tax doesn’t infringe your right to own something in the same way the current LPT I pay doesn’t infringe my right to own a home and the income tax I pay doesn’t prevent me having a job.

    I’d be confident the majority wouldn’t be too upset with a modestly higher tax on holiday homes than PPRs, but of course I can’t say that conclusively without a survey.



  • Registered Users, Registered Users 2 Posts: 4,132 ✭✭✭RichardAnd


    I personally am not in favour of private citizens' being charged tax on their own property at all. A level of taxation is obvious in order, but given the amount of resources squandered by the state on all sorts of things, it's simply galling to hand over tens of thousands each year.



  • Registered Users, Registered Users 2 Posts: 7,777 ✭✭✭timmyntc


    My goodness what a long one. My replies in bold

    A) there is no register of PPR so you need to create one, which requires legislation and its' own rules

    You know the current VHT also takes PPR into account but is based on self declaring. A register of PPR can be self declaring also but is more comprehensive as it means people cannot declare for 2x properties that they are their PPR.

    B) So only people renting can be considered to be living in a property if not PPR.

    Well yeah. Who else lives in a property if it's not PPR or rented? FYI allowing extended family to live in a house is a benefit in the eyes of revenue, really this should come under RTB as a tenancy even if no rent were to be charged.

    C) Other people in nursing home paying for their own care will be subject to the tax

    This would also apply with current VHT that's based on self reporting occupancy.

    Now there are also details you are ignoring or not stated

    i) People who decide to work abroad for a while will be taxed

    Moving across the country or abroad for work for extended period is leaving a property vacant. Rent it or sell it, you can't have your cake and eat it. Most people do rent the house if they are abroad for a long period anyways.

    ii) holiday homes will be taxed

    As they should be.

    iii) no mention of how long before the vacant tax starts or stops (some suggested 2 years others 6 months)

    This is an implementation level detail that posters on boards don't really need. I say 1 year (excluding property in probate)

    iv) No tax on semi vacant property

    What is semi vacant when it's at home?

    v) No mention of short term lets

    If it's rented out it isn't vacant

    vi) how to deal with people moving home as the PPR takes 6 months at least

    Takes 6 months to do what?

    vii) No mention of the rate and how it will be calculated

    Again, this level of detail is not necessary for a debate on boards. Pure pedantry, but let's say 1% of property value.



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    and I asked you how that works and how you would know. If the house is owned before the RPZ existed does that now have to pay vacancy tax when it changes to RPZ? How do you know it is a holiday home in the first place?

    The property is not consider vacant at present, so you need to still define vacant



  • Registered Users, Registered Users 2 Posts: 1,917 ✭✭✭DataDude


    Our property taxes are comically low by international standards. Even big bad communist America would laugh at our property taxes. A slight uplift on vacant and second homes would not be at all extreme.

    I own a very valuable home. My income tax bill is over 100 times the size of my LPT bill.

    The need to rebalance our tax take between income and property is glaringly obvious.



  • Registered Users, Registered Users 2 Posts: 16,750 ✭✭✭✭Flinty997


    The vacancy rate is as much as reflection of how the law and govt policy is stagnating the market.

    As such I have a problem with deflecting the responsibility and blame to the property owner. Their hands are often tied behind their back. What you do to the property owner isn't going to change law and govt policy causing it. Or economic conditions.



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    Again I've addressed these repeatedly. Property owners would have to self declare the status of the property every time they file an LPT.

    If it is a holiday home then they have to declare that.

    If it is in an RPZ then they pay the tax, if not then they don't.

    If area that property is in is designated as an RPZ between LPT filings then they have to pay the tax at next filing.

    These are all very simple solutions and not beyond the considerable intelligence available in our Dept of Finance and Revenue.



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    Agreed, hence why I'm saying the reasons that landlords are disincentivised to rent their properties also need to be addressed as part of tackling vacancy



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  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    So you want to change the definition of vacant from 30 days of use? If so to what? Why bother calling it a vacancy tax when you actually mean a tax on properties you don't like the use of? It requires multiple laws and constitutional changes so can you explain how you get around that?



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    Why are you not bothered by the councils vacant properties? They have the most



  • Registered Users, Registered Users 2 Posts: 16,750 ✭✭✭✭Flinty997


    We've been saying this for all least a couple of decades. No one left to hear it now.



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    I've also already addressed the definition of vacancy. You need to define occupancy and exemptions. Anything else is deemed vacant and liable for the the tax.

    My suggestion was that PPRs, PPRs of dependent relatives are defined as occupied and exempt, holiday homes outside RPZs are defined as exempt, and properties subject to an RTB tenancy are defined as occupied and exempt. If not one of the above, then it is deemed vacant and liable for the tax.

    I really don't see how a vacancy tax requires multiple laws and constitutional changes. That's ridiculous.

    You keep throwing this out as if it is a given. Can you explain it?

    Why do we need a referendum to introduce a tougher vacancy tax?!



  • Registered Users, Registered Users 2 Posts: 1,349 ✭✭✭The Student


    I will show you the courtesy of answering all the points you raise in your post rather than "cherry picking" points to respond to for your own reason's.

    We are discussing vacant property taxes etc. You reference how a company tries to abuse a dominant position and anti monopoly activities. In order for a company/individual be either a monopoly or have significant dominance in any market they need to be in a position to control the market. For this to occur you need to have a small number of individuals that market to exert significant control over that market. Unless you can prove to me that there are a small number of individuals within the market that have this power then I don't accept your premise. Could it be that there are a large number of participants deciding not to undertake a course of action for their own reasons?

    If we consider your position on "regulate what people do with property" on a proportionate basis then perhaps the first port of call is the properties the State own? What about council owned properties that are under utilised? How many of these have spare capacity to better utilise "bed spaces"? What about vacant State properties?

    Property does indeed take up land and land is indeed finite but how much land is in Ireland in State ownership/ outside of the capital. How often do we hear that towns and villages are being "hollowed out" and turning into almost "ghost towns".

    I find the term "hoarding" ironic. The vast majority of vacant properties are owned by individuals. You appear to think that businesses (not those who have a single property) are somehow holding land just for capital gain. That in itself is a very risky strategy if the country goes into a recession or is severely impacted by the USA economic plans for Europe then land will loose its value quite quickly.

    How many planning permissions are being denied? How many times do we here that the infrastructure is not there or not sufficient to meet the proposal large scale developments?

    I will once again pose the question that I have asked on a number of occasions on this forum which no one is even attempting to answer "who is responsible to solve the housing situation"?



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    Under Irish law as it stands , 30 days occupancy means the property is not vacant. You would need to change this law/rule. Holiday homes are exempt as a result. I provided the current simplified explanation of the rules already and it appears you didn't bother reading it.

    I have worked on government legislation before on both proposals and interpretation. While I don't expect many to have similar experience I do expect somebody proposing changing an existing tax to look at it and the rules. Then they need to think about why those rules exist and if they may apply to other rules. The government can only access information that is relevant and for explicit purposes. Adding information and punishment for information collected by one agency and given to another requires a legislative change. As you have said the tax is punitive for owning property not used as you see fit that requires a constitutional change. That's there because there were extra taxes applied by the English on native Irish landowners it's a pretty important part.

    Now vacancy has currently got a legal definition you need to say why it is wrong. I think it is very reasonable but next to impossible to police if there is a person is determined to get around it. If it is too punitive that is what will happen. Your definition is very strange and I am not sure why you keep misusing PPR as it requires the owner to live it not just their dependents. You have to work within the existing framework unless you want to be like Trump but you can't do that here because we have a legal system that prevents it.

    AGAIN WHY ARE YOU NOT BOTHERED BY THE COUNCILS THAT HAVE WAY MORE VACANT PROPERTIES THAN THE GENERAL PUBLIC?



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    This article give more insight on how long it takes to list a derelict site and reason for long time periods. Curious at what point people here think it should have been listed



  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    Yes of course the sort changes I am suggesting would require legislation, i.e the routine business of government. Nothing extraordinary or unworkable.

    It emphatically does not require a constitutional change, and nothing you have posted suggests otherwise.

    AGAIN WHY ARE YOU NOT BOTHERED BY THE COUNCILS THAT HAVE WAY MORE VACANT PROPERTIES THAN THE GENERAL PUBLIC?

    I have never said I'm not bothered by this. I am indeed, but again you're just trying to muddy the waters and needlessly bog this down.

    So just add local authority housing tenancy to my list of exemptions and problem solved. Councils then liable for vacancy tax on their empty properties.



  • Registered Users, Registered Users 2 Posts: 9,351 ✭✭✭Ray Palmer


    You just haven't bothered looking up existing laws and have no sense when it comes to talking about it. Yes if you ignore all other legal consequences and make up ways to magically get information your idea is fine.

    VHT is applied to council property already. You didn't read any information



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  • Registered Users, Subscribers, Registered Users 2 Posts: 6,803 ✭✭✭hometruths


    We're still no further on which article of the constitution requires changing - can you shed any light on this?



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