I propose to take Questions Nos. 446 and 447 together.
Ireland’s excise duty treatment of aviation fuel is governed by European Union law as set out in Directive 2003/96/EC on the taxation of energy products and electricity, commonly known as the Energy Tax Directive (ETD). In line with the ETD, Ireland currently applies an exemption from Mineral Oil Tax (MOT) to jet fuel used for commercial aviation. Jet fuel is the most commonly used fuel for commercial aviation. Aviation gasoline, which is much less commonly used in commercial aviation, is partially exempted from MOT and is subject to an effective MOT rate of €406.64 per 1,000 litres. Both the full MOT exemption for jet fuel, and the partial MOT exemption for aviation gasoline, apply to fuel used for domestic, intra-community and international flights.
Under the current ETD all fuel used for non-commercial aviation is mandatorily taxed. This means that MOT applies to any fuel used in an aircraft by its owner, or the natural or legal person who enjoys the use either through hire or through any other means, for other than commercial purposes and, in particular, other than for the carriage of passengers or goods or for the supply of services for consideration or for the purposes of public authorities. Current MOT rates, including those that apply to jet fuel and aviation gasoline used for non-commercial aviation, are published on the Revenue website at www.revenue.ie/en/tax-professionals/tdm/excise/excise-duty-rates/energy-excise-duty-rates.pdf.
I understand that the Deputy is asking about mandatory taxation of fuels used for commercial aviation, as proposed under the recast of the ETD. It is important to note that the ETD proposals have not yet been agreed by Member States. Both the scope of mandatory taxation and the minimum rates are still under consideration, along with potential timeframes for implementation. Ireland is actively engaged with ongoing negotiations.
I am advised by Revenue that it is not possible to disaggregate fuel volumes data by use for domestic, intra-community or international flights. Therefore, estimations of future receipts can only be made across all flight categories. A full year estimate of the receipts that may be generated if Ireland applied the proposed minimum tax rate of €36.55 per 1,000 litres on jet fuel, is in the region of €60m. This estimate is based on data relating to MOT remissions supplied in traders’ tax returns and assumes no behavioural change. The estimate covers all commercial aviation, including domestic, intra-community, and international flights (non- intra-community). However, it is important to note that the ETD proposals for mandatory taxation of jet fuel do not extend to international flights.
With regard to aviation gasoline, the ETD proposals would apply a minimum tax rate of €34.40 per 1,000 litres. As Ireland’s effective MOT rate on aviation gasoline is €406.64 per 1,000 litres, no additional revenue would be generated on the introduction of mandatory taxation under the ETD proposals.
The Deputy is also asking for an estimate of the revenues that could arise from the introduction of a levy of 33% on commercial aviation fuel. I am advised that Revenue does not have the necessary price data on commercial aviation fuels that would enable it to generate an estimate of the revenue that would accrue from the introduction of a 33% ad valorem levy on these fuels.