I propose to take Questions Nos. 238 and 245 together.
I thank Deputies Boland and Brennan very much for raising this matter. Their questions relate to the rules governing the taxation of indirect investments such as investment funds and life assurance products. As referenced by Deputy Boland, chapter 7 of the funds review focuses on enabling and encouraging retail investment. It does make a number of recommendations including the removal of the deemed disposal rule. Deputy Brennan reminds us of our programme for Government commitments. These recommendations are being given careful consideration. We are looking at the existing regime and how it operates. The specific change raised by both Deputies is the removal of the deemed disposal rule. There is a specific reference to its application to exchange-traded funds. There is no separate taxation regime specifically for ETFs.
We need to remind ourselves why deemed disposal was introduced. It was introduced at that point in time as an anti-avoidance measure that applies to investments in Irish-domiciled investment funds and life assurance products, as well as equivalent offshore funds and certain foreign life assurance products, in order to prevent the indefinite roll-up of income and gains, and the associated loss of tax to the Exchequer. That is the history, if you like, to remind us all but the world has changed a lot since then and our policy and thinking need to change too. Under deemed disposal, taxes are levied eight years after an investment is made, and every subsequent eight years, regardless of whether a disposal has in fact occurred. The tax is levied on any gain in the value of the investment from the date of the acquisition to the date of the deemed disposal. On the ultimate disposal of the investment, any tax paid is allowed as a credit against the final tax liability.
The funds sector report noted that changes were needed. It did say that changes to deemed disposal would require guardrails to protect the Exchequer and ensure that appropriate taxation is paid. That is important. I think we all agree on that.
The most recent budget committed to publishing a roadmap for the taxation of retail investment, setting out an approach to simplify and adapt the tax framework to further support retail investment while retaining necessary and important anti-avoidance protections in a proportionate manner. The relevant recommendations of the funds review, including deemed disposal, are now being considered as part of the work under way in the Department of Finance on this roadmap. We will be publishing this in the coming months and in advance of the budget.
As I announced at the first annual savings and investment forum, on 31 March, a key aspect of the roadmap is the development of a new Irish investment account that aims to reduce the complexities related to retail investment taxation and allows Irish people to grow their savings more efficiently. That complexity is one of the real issues keeping middle Ireland out of investing in this country.
The cost estimate of changes to deemed disposal is the challenge. The information available to Revenue does not allow it to isolate the tax returns due to deemed disposal rules from other events that could give rise to a tax liability. We need to work our way through this. If it were assumed that all relevant retail investment exit taxes were as a result of deemed disposal, which of course they are not, removing deemed disposal could give rise to a potential cost of €284 million, based on tax paid over the past eight years.
As the Deputies know, we took some steps in this area in the most recent budget. An estimate was prepared of the Exchequer impact of deemed disposal not applying, assuming the deemed disposal was closer to 50% of the total tax paid. This assumption results in an estimated full-year cost to the Exchequer of €142 million for the removal of deemed disposal. However, I am being truthful in saying there is not an exact science because of the complicating factor.
I reiterate the point that we took steps in the last budget to reduce the rate to 38%. That was important. There is, however, the broader issue of whether the policy is fit for purpose. I am not convinced it is. It is somewhat outdated. We need to have a conversation about how it could be overhauled, with new, appropriate guardrails put in place. Alongside that, though separate and distinct, is the question of how we develop a new investment account that reduces complexity, has one point of tax and puts the responsibility for collecting that tax on the provider of the account, the institution, not the person making the investment.