Tag Archives: duty

Patriyachtism

It will be recalled that, for many years, the governments of the United Kingdom of Great Britain and Northern Ireland and of Ireland subsidised the owners of private pleasure craft by allowing them to use the cheap diesel permitted for off-road use (not that farmers should get subsidies either). The EU (or whatever it was called at the time) told them to stop; they asked for, and received, several derogations to allow them time to comply; during that time they stuck their thumbs in their collective bums and did nothing. Eventually the EU got fed up and told them to get on with it.

The Irish government’s pretence at compliance was particularly ludicrous and contemptible. It said that yacht-owners (using “yacht” as shorthand for “private pleasure craft”) could continue to buy marked gas-oil (cheap or green diesel) at the rebated (cheap) price but that, once a year, they should tell the Revenue Commissioners how much they had bought, work out the amount of the underpayment and pay that sum to the Revenue.

I can’t imagine how the Revenue Commissioners thought that was going to work, but they seem to have been happy with a scheme that facilitated — nay, encouraged — tax evasion by those sufficiently well off to own yachts. Someone in the Irish Times, perhaps after having had his or her ear bent over a few pink gins at the bar of the George, referred to this as an “honour system”; there was no evidence that she or he had actually checked the compliance rate to assess the effectiveness of the scheme and the extent of honour amongst yacht-owners.

The figures for the year 2015, as of 15 April 2016, were kindly supplied by the Revenue Commissioners some months ago; here they are, with those for previous years.

For the record:

Year Payers Litres Amount
2010 for 2009 38 n/a n/a
2011 for 2010 41 n/a n/a
2012 for 2011 22 141,503.29 €53,398.58
2013 for 2012 23 301,674 €113,841.45
2014 for 2013 20 279,842.4 €105,561.74
2015 for 2014 26 289,151 €108,934.80
2016 for 2015 18 371,666 €140,021.51

I suspect that the increase in the number of litres paid for might represent the improved business for the hire fleets in 2015, but I would welcome information on the subject.

In 2015 the Irish Sports Council gave the Irish Sailing Association €1,121,900.

 

Subsidising boat-owners

I wrote here about the method that the Revenue Commissioners employed to implement new rules on the rate of duty to be paid on diesel used for private pleasure navigation.

For reasons best known to themselves, Irish governments allow farmers to use cheap (“rebated”) diesel in their tractors, on the grounds that the tractors are for off-road use. And for many years boat-owners with diesel engines were allowed to use the same cheap diesel. The same arrangement applied in the UK and in Belgium. The diesel (“marked gas oil”) was coloured, latterly red in the UK and green in Ireland.

The EU decided some time ago that the rules should be standardised throughout Europe and that boats used for private pleasure navigation should not be allowed to use the subsidised fuel. The UK and Ireland sought and received successive derogations allowing them to delay the introduction, allegedly so that they could make appropriate arrangements. The governments did nothing about it. Accordingly, when the European Commission got fed up and told them there would be no more derogations, they had no plans ready and were faced by well-organised gangs of well-to-do boat-owners anxious to continue enjoying their subsidy.

The Irish authorities decided that boat-owners could continue to buy the marked gas oil, at the rebated rate, but that they would have to make a return to the Revenue Commissioners at the end of each year, showing how much diesel they had bought and how much Mineral Oil Tax they were paying to make up the difference. The December 2011 version of the document and forms is here (PDF). Mineral Oil Tax is intended to cover “the difference between the auto diesel and marked gas oil rates at the time of purchase of the oil”.

I asked the Revenue Commissioners how much they had taken in from boat-owners in 2009 and 2010. They said that they got  €169,895.51  in 2009 and  €140,929.12  in 2010.

For most of 2010, the rate of Mineral Oil Tax was  €449.18 per 1,000 litres  (it was slightly higher from 8 to 31 December 2010, a period when there would have been little pleasure-boating). That means that duty was paid on 313,748 litres of diesel.

So how effective is this system? On what proportion of sales for private pleasure navigation is the tax being collected? Revenue has no idea  and has no way of getting any idea because

Mineral Oil Tax on marked gas oil (MGO) is collected at the point of release for consumption from tax warehouse or upon importation to the State and, for the vast bulk of MGO, no information is available at that stage as to the ultimate destination or use of the oil, as most of it goes through a distribution network before it reaches the final consumer.

So let’s see if we can help to provide a rough estimate. According to the RNLI

A diesel engine burns about 1 gallon per hour for every 20hp. So a 90hp diesel would use about 90/20 = 4.5 gallons of fuel per hour. For those who prefer to work in litres then simply multiply the horsepower by 2 and then divide by 9. So a 90hp has an estimated consumption of 2 x 90/9 = 20l/hour.

Let us suppose, for the sake of argument, that the average pleasure craft has a 40hp diesel engine (which is what my 1960s cruiser had). That would use two gallons or nine litres per hour. So the  313,748 litres of diesel on which Mineral Oil tax was paid would have kept one cruiser going for 34,861 hours.

On the other hand, if there are 10,000 pleasure craft in Ireland, with diesel engines averaging 40hp, then they are claiming to have cruised for an average of three and a half hours each in the whole of the year 2010.

I suspect therefore that there is significant underpayment of the Mineral Oil tax and I suggest that the system should be abolished: boat-owners should pay the full (auto diesel) price.

 

 

 

Paying up

Text of email sent today to the Revenue Commissioners press office:

===begins=====

I would be grateful if you could tell me:

– how much marked gas oil was supplied to sellers of diesel fuel along Irish inland waterways in years ending 31 December 2009 and 2010

– what rates of duty applied in those periods

– how much duty was paid by owners of private pleasure craft for each of those years using form PPN1 Mineral Oil Tax Return.

===ends=====