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FAQs

Reference in Forms
A and B

Question

Answer

Form A
General Question

Can a declarant request copies of his or her filed declaration forms?

The Commission will not provide copies of a declaration form to anyone, including the declarant, except as provided in the Integrity in Public Life Act, 2000.  However, the Commission will allow a declarant, upon his request in writing, to view his filed declaration under supervision at the Office of the Integrity Commission.

Form A Page 1
Identification

Is a child who is not maintained by the declarant but by the declarant’s spouse, a dependent child?

This child is not a dependent child of the declarant.  However, you are reminded that if any assets of the declarant are held in the child’s name, those assets should be declared.

Form A Page 1
Identification

Is a boyfriend or ‘child father’, a spouse?

“Spouse” is defined at Section 2 of the Integrity in Public Life Act, 2000.  The provisions of the Act apply to any person who falls within that definition.

Form A Page 2
Dependent Child

How will one deal with a situation, for example, where a dependent child is attending a school abroad and works part time to pay for board and food and the parent is paying the fees?

If the child is partially maintained, he/she is still dependent.

Form A Page 3
Income

Should a loan be reported as income?

Loans are not income.

Form A Page 3
Income from Employment

When someone goes on foreign travel is the non-accountable advance income?

Yes.

Form A Page 4 Income from Trade

I am joint owner with my wife of a shop.  No formal accounting records pertaining to the shop have ever been kept.  How should this be treated in my declaration of income, assets and liabilities?

In the absence of formal accounting records, the declaration should be prepared on the basis of the informal records that are available.

Form A Page 5
Interest Income

What is meant by interest income?  Is it interest on a Fixed Deposit in a bank?  Does it include interest earned from money lent to a friend?

Interest income means all interest received.
From a Fixed Deposit ─Yes.
From a Friend ─Yes.

Reference in Forms
A and B

Question

Answer

Form A Pagespacer 6 Gains/profits on sale of assets

Does “gain” or “profit” mean “net profit”?

Gains or profits should be reported net, i.e. after taking into account any expenses incurred relative to the sale, for example, commissions.
Where the sale of the asset results in a loss, this should be enclosed in brackets.

Form A Page 6 Gains/profits on sale of assets

What is meant by “additional capital expenditure”?

Any amount spent to improve the value of the asset which is being sold.

Form A Page 6 Other benefits from employment

Are tax concessions on motor vehicles a benefit?  Should such concessions be declared?

Tax concessions on motor vehicles are a benefit and should be declared under “other benefits from employment” on Page 6 No.7 in the year in which the vehicle is purchased.  The value of the benefit should also be taken into account in arriving at the value of the vehicle which is required to be declared under “Other Assets” on Page 17   No.8.1.

Form A Page 6 Other benefits from employment

Are subsidised mortgages or other loans to be included as a benefit from employment?

The amount of the loan, its term and the interest rate charges along with any other relevant information should be provided under the description of benefit.

Form A Pages 7 & 19                    Other Income-pension               Other Assets

Should contributions to the Parliamentary Pension Fund be included?

If the declarant is in receipt of benefits from the Fund it has to be declared as income.  However, contributions are an expense and do not have to be included.  The declarant should state on Page 19 that contributions are being made to the Fund and benefits will accrue in the future.

Form A Page 8
Gift, Fee or Personal Benefit

How do you measure the value of a gift?

Have the gift valued or make an estimate or check the price in the store.

Form A Page 9
Details of Assets
─Real Property
─Land and
   Buildings

Under the item “Cost of Additions” is it from the day of purchase or during the year?

Cumulative cost of additions.

Form A Page 9
Details of Assets
─Real Property
─Land and
   Buildings

What is an addition to land and building or improvement to land?

Any sum spent that would improve the capital value of the property, for example, additions to a building or development work on land.

Reference in Forms
A and B

Question

Answer

Form A Pages 9 to 11                Real Property and amounts held in Bank Accounts

How do you treat with property/bank accounts owned by the spouse of a declarant and third party not covered by the declaration?

That portion of the asset which may be attributable to the spouse should be declared.  The identity of the third party need not be disclosed.

Form A Page 10
Details of Assets
─Real property
─Land (without
   buildings)

Where sums have been expended to improve the value of land without buildings, e.g., through infrastruc- tural development, should this be reported?

Yes, this should be reported by way of a note particularly where, in whole or in part, it explains any difference between the original cost and the current value.

Form A Page 10
Land

What is the meaning of “beneficial interest” in respect of land?

Any interest in land that would convey a benefit – co-ownership, life interest.

Form A Page 11
Amounts held in Bank Accounts

A declarant may have Power of Attorney on some of his parent’s accounts.  Is he required to declare them?

The declarant needs only to inform the Commission that such a Power of Attorney exists.  However, he is reminded that Section 12(4) of the Act states – “For the purposes of a declaration under this Act, the income, assets and liabilities of a person in public life include the income, assets and liabilities acquired, held or incurred by any other person as his agent or on his behalf.”

Form A Page 11
Amounts held in Bank Accounts

Is documentary evidence required to be attached to support the amounts held in bank accounts?

No.  However, the Integrity Commission has the right to seek such confirmation if it considers it necessary.

Form A Page 13 Cash and valu-ables held in safety deposit boxes

Does “safety deposit box” mean at a bank?  Or at recognizable institutions?

At all sites.

Form A Page 13 Cash and valu-ables held in safety deposit boxes

The term “valuables” is subjective.  Could a price range be provided.

Items which are material in value in relation to the declarant’s assets should be declared.  Care should be taken not to declare the same assets in different sections of the form, for example, jewellery which is held in safety deposit boxes should not be declared here but on Page 19  No. 8.5 where jewellery is specifically mentioned.  And then, only one figure for the total value of jewellery owned by each person covered by the declaration should be declared.

Form A Page 17 Money loaned

Clarification is needed on what is meant by “Money Loaned”?

The amount should be material in relation to the declarant’s assets.  Remember that the income needs also to be declared on Page 5  No.4.

Reference in Forms
A and B

Question

Answer

Form A Page 19 Any Other Assets

I have a valuable tea service which has been in my family for generations.  Should this be declared and, if so, where?

This should be declared on Page 19  No.8.5 – Any Other Assets.  Its insured valued could be a guideline.

Form A Page 19 or 21
Other Assets or Other Liabilities

Is a racehorse an asset or liability?

Some value must be placed on it and that value should be reflective of what an independent third party is willing to pay.

Form B Page 2 Directorship

Does the term “hold Directorships” at page 2 of Form B mean the same as membership of a Board?

Yes.

Form B Page 4
No.7                   Funds

What is meant by “Funds”?

Funds mean all investment funds, including Mutual Funds.

Form B Page 5 No.9                Sources of Income

Clarify the sources of income which must be covered.

All sources of income which have been declared in Form A – the Declaration of Income, Assets and Liabilities – should be repeated here but the amount of such income should not be included.

 

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