
66 February/March 2024 February/March 2024 67
IRELAND: THE UNTAXED
OASIS FOR PLANES
The tax ‘exemptions’ for the aviation
industry in Ireland extend right
down to the airport’s retail outlets’
exemption from the plastic bag tax
Ireland was unexpectedly declared a tax
haven for aircraft leasing companies by the
Brazilian Revenue Service in 2016, imposing
an extra 25% tax. Ireland has a unique role in
international aviation — the leasing of aircraft:
60-90% of the world’s flights are leased from
12 of the major firms based in Dublin’s
Financial Services Centre.
The nature of the industry favours the
leasing of aircraft rather than outright
ownership as it allows airlines to quickly
expand or contract, which is critical to those
that rely on low fares to drive demand.
The key is that while leases on land are
subject to rent, in the sky lessors can write o
the cost of the aircraft itself and any loan
interest, enabling Ireland to tout ‘no
withholding tax’ as a competitive advantage.
The industry is also exempt from stamp duty
on title transfers and mortgages. And Ireland’s
double taxation treaties allow multinational
companies to shift profits out of their home
countries and into Ireland in order to reduce
their tax liabilities. The tax ‘exemptions’ for
the aviation industry in Ireland extend right
down to the airport’s retail outlets’ exemption
from the plastic bag tax.
The Brazil decision had the potential to
wreak havoc on the aircraft leasing sector for
the entire country. It was estimated that
approximately 65% of the Brazilian
commercial fleet was leased from Irish-based
lessors. This included countless helicopter
leases for aircraft used to support Brazil’s oil
and gas industry, most or all of which suddenly
became subject to an unexpected, significant
withholding tax burden.
The decision was reversed the next year.
The cost in revenue to the Irish exchequer
forgone through the exemption to withholding
tax was estimated by Oxfam in 2017 to be
€577m. Senator Frances Black recently cited
Central Statistics Oce figures in the Dáil
giving this subsidy as €634m in 2019. In
2022, the Committee of Public Accounts found
that the exemption from withholding tax on
lease rental income is “a significant cost to the
Exchequer” and recommended that the Irish
government review the exemption.
The industry is now seeking a ‘carve out’
from the Corporation Tax rise to 15% which
they say ‘could impede their ability to reduce
their tax bills in Ireland’.
not raising enough revenue to justify the cost
of collection, it was abolished by the then Irish
Minister for Transport, Tourism and Sport — Leo
Varadkar — in 2014.
Stating that the government believed that the
tax “is no longer in the best interests of Ireland’s
economy”, Varadkar promised a new Air
Passenger Duty that was “more targeted and
less damaging to tourism”. It never happened.
Meanwhile, it was said that the Attorney
General’s oce had to assign four full-time sta
to the compensation claims from O’Leary alone.
Standard arguments are the threat to
connectivity for a little island and the cost to the
economy of squeezing this industry which
feeds so many good jobs, particularly in
leasing.
In fact, independent studies show that, if
introduced gradually, the impact on a country’s
economy is very small indeed and the projected
increase in flight numbers, if demand continues
current increase patterns, dwarfs any slight
threat to connectivity. The tourists lost are at
the lower end of the financial spectrum and
would be those spending less while domestic
tourism would actually benefit from ’Flyskam’,
the imported Scandinavian notion of flight
sham.
It was not until 2012 that aviation emissions
joined land-based industries in the international
Emissions Trading Scheme [ETS]. Even then the
industry was given an annual free allowance for
95% of average total emissions in the years
2004-2006. But because of the growth of the
industry, the free ride covered only 60% of the
CO2 emissions in 2014 and just 44% by 2019.
The EU’s plans to reduce the allowances to zero
by 2026 are now dependent on who is elected
to this year’s EU Parliament.
The idea of introducing an EU aviation tax
which would be restricted to climate’s ‘Loss and
Damage’ from climate change would be popular
with the public. But restrictions on this revenue
would be resisted by Member States, who
consider such conditions are ‘Brussels’
violating their sovereign rights.
The Tax Gap
The cash cow has many names: VAT; an Air
Transport Tax, Levy, or Duty; a Civil Aviation Tax;
an Air Passenger Solidarity Tax; an Embarkation
Tax; a City Council Tax; a Luxury Tax; a Fiscal Tax.
Air travel taxes raised €8.8 billion across
Europe in 2022, with the bulk of revenues
coming from ticket taxes (€5 billion) and
domestic VAT (€1.1 billion).
The French Government (which has four ticket
taxes) used its national airlines impending
bankruptcy through Covid to prohibit domestic
flights where an alternative direct train service
operates in under 2.5 hours.
In a July 2023 Report, Transport and
Environment Europe [‘Aviation Tax Gap: How
Much Revenue are Governments losing Out to
Due to Poor Aviation Taxation’] found that the
total European tax gap amounted to €34.2
billion in 2022. The fuel tax and ETS exemptions
amounted to €20.5 billion and the VAT
exemption to €18.8 billion, partially oset by
€5 billion in revenues from aviation ticket taxes.
Unfortunately, passengers have a relatively
high willingness to pay (WTP) – in the UK, £16
- £37 extra already – before behaviour changes.
Taxes high enough to change behaviour would
(currently) be politically unacceptable.
Yes to coercive measures, if
climate change is imminent
We learned during the Covid pandemic that
aviation is not actually indispensable. In 2020,
international air travel reduced by 97% on the
previous year. A recent Swedish study found
relinquishing air travel is the option consumers
found most feasible for reducing their climate
footprint – ahead of a new car, streaming TV,
new-pet ownership — or becoming a vegetarian.
The authors of that Swedish study suggested
“coercive measures” will only be supported if
they are seen to be eective – and if the threat
from climate change is seen as more imminent.
But the threat of climate change is already
imminent.
Michel O’Lery: erosexul