Tax treatment of unmarried couples
The Minister rejected a tax-code change to treat common-law spouses like married couples, saying marital status is governed by general law and that Irish law does not recognise common-law spouses. After Deputies raised anomalies affecting cohabiting parents and people whose marriages were not civilly dissolved, he agreed to ask officials to consider what could be done within the law.
asked the Minister for Finance if he will consider changing the tax code to allow common law spouses to be treated on the same basis as married couples for taxation purposes; and if he will make a statement on the matter.
Comment on this
I do not propose to introduce legislation on the lines suggested by the Deputy. I would not consider it desirable to make any special provision in this matter relating to marriage in the Income Tax Acts. Provisions regarding the status of common law spouses should be contained in the general law relating to marriage and would be reflected in relevant income tax legislation.
Comment on this
Can I ask the Minister if he accepts that at present there are some anomalies at least in the practice of the Revenue Commissioners in dealing with tax reliefs for people who are living together and not in the strict sense of our law considered to be married? These are people who, for example, avail of a church annulment and a church remarriage without the annulment of a civil marriage or people who enter a marriage ceremony in a civil office abroad though their domestic marriage has not been annulled. I understand these people are accommodated on the production of the second marriage certificate for the purposes of being married by the Revenue Commissioners whereas many other people, since the Referendum on divorce was not successful, who are living together and who are frank and forthright with the Revenue Commissioners are getting no consideration whatsoever. Certain anomalies exist at present to the disadvantage of those who are perhaps more straight or forthright with the Revenue Commissioners.
Comment on this
I agree with the Deputy that there are some anomalies but, as I said, it is a matter of law relating to marriage and not a matter of income tax law.
Comment on this
I listened to a half an hour's discussion on another question and I am being told to sit down now. That is a little bit unbalanced.
Comment on this
I will not delay the House because the question I want to ask deals with much the same issue. The Minister said that it is a legal matter and not a taxation matter. I take it the Minister makes the decisions about tax allowances and who does and who does not get allowances. A single parent with dependent children gets an allowance from the Minister of up to £2,000 but if such a parent is living with another person he or she will not get an allowance and will be taxed as a single person.
Comment on this
My anxiety about this matter is that it is leading to argument rather than proceeding by way of direct relevant question.
Comment on this
I am asking the Minister who makes the decision to refuse a man allowances for three children and a common law wife. It is the Minister's decision and not the decision of the Minister for Justice.
Comment on this
Ministers cannot make decisions that would break the law so it is a matter of implementing the law. I should like to inform the House and the Deputies who raised the question that, in so far as I am advised by the Department of Justice, there is no such thing in this country as a common law spouse.
Comment on this
——and I do not want to labour my question to the Minister. I accept that it is an inelegant and inaccurate use of the language but it is commonly used to cover those people who are living together——
Comment on this
Rather than instance a particular case where I believe a very severe injustice has been done, I wonder if the Minister might direct his officials to look favourably or kindly at a liberal interpretation of the laws as they exist with regard to facilitating those people who have been living together for sometime as husband and wife though not married because of whatever circumstances.