dunnes stores loses plastic bag tax case

by:Sengtor     2020-03-16
The legal challenge at dunnis department store lost 36 euros.
5 m tax assessment due to the use of plastic bags.
After the Revenue Commissioner provided it with a tax assessment covering 2004 to 2008, the company challenged the provisions for the collection of plastic bag taxes.
The income Commissioner said that the fees incurred for the levy were not charged and due.
Dunness claimed in court that the definition of plastic bags in the regulations was so uncertain that the regulations were invalid.
It claims that the tax levied is related to the larger bags given to customers at checkout in order for them to shop, but the tax assessment incorrectly includes bags used to pack fruits, vegetables or other sanitary items
Dunnes argues that the tax assessment amounts to an illegal attempt to levy taxes on vulnerable plastic bags supplied for the packaging of goods, rather than at the point of sale.
It also alleges that the income commissioner refused to provide them with information on how to calculate the alleged amount due.
Judge John Hedigan objected to dunness on all issues.
He found that, as the supermarket chain argued, the tax was not limited to shopping bags, and he said that the purpose of the legislation was to minimize the discarded plastic bags in our towns and villages.
He said that it was not possible for the legislature to exempt plastic bags supplied anywhere except for the point of sale.
Such a provision would miss a large number of plastic bags and significantly reduce the impact of the act.
He said there was nothing unfair about the procedure followed by the income commissioner.
Regulations governing the taxation of plastic bags do allow exemptions for bags that are only used to contain fresh fish, meat, poultry, fruit, nuts, vegetables, if the bags contain only these products and have a certain size, dairy or cooked food.
In the income Commissioner\'s view, the disputed bag is large enough to carry all kinds of groceries and goods provided by supermarkets such as Dennes.
According to the legislation, plastic bags are exempted only if the width is less than 225mm, the depth is less than 345mm, and the length is less than 450mm.
The case will be before the High Court on Tuesday, when it is expected that dunnis intends to appeal to the Supreme Court.
Dunnes Stores has a pending appeal with the income Commissioner regarding whether the bags they use for fruits, vegetables, meat and other products are exempt under legislation.
The appeal was put on hold until the result of this case came out.
The case will be before the High Court on Tuesday, when it is expected that dunnis intends to appeal to the Supreme Court.
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