Revenue Commissioners The Revenue Commissioners are responsible for the administration of the principal taxes in Ireland. The Revenue Commissioners constitute a public body, which is independent of the Government, but is answerable to the government in respect of the exercise of their functions. The Revenue Commissioners publish a significant amount of information on their website, www.revenue.ie, in relation to taxation law and practice. They publish […]
TAC The Finance (Tax Appeals) Act 2015 established the Tax Appeals Commission. It provides for membership and functions, appointment and terms and conditions of the individual Appeal Commissioner. The Commission is to comprise members known as Appeal Commissioners. They are to be appointed by the Minister. The Commission’s functions may be performed by its staff under the authority of the Commissioner. The Commissioners may adopt […]
Administration Businesses are obliged to keep and retain records and information relevant to the tax liabilities. They are also obliged to keep and retain linking documents. These are the records which link the primary accounting records to the final accounts. The Revenue has significant powers to enter premises to inspect documents and records relevant to tax liability. It can inspect both written and electronic documents. […]
Records A chargeable person is obliged to make a return of tax to the Collector General in respect of a tax year or period in which he is assessable. The return is in a prescribed format. It was traditionally in printed form, which was completed and signed by the applicant. The return is now undertaken online on-line in most cases, through the revenue online service […]
Settlements Revenue may make monetary settlements pursuant to an audit. The basis of settlement depends on the tax liability, interest and penalties. Mitigating circumstances may apply in accordance with criteria set out in other sections. The auditor may invite the taxpayer to make an offer on payment of liabilities which the audit finds to have been undercharged. Settlement offers are subject to approval at the […]
Principal Offences Revenue legislation provides a range of offences which support the obligations of the taxpayers to make returns, pay taxes, maintain records, and co-operate with the Revenue etc. The principal offences set out in sections 1078 to 1079 of the Taxes Consolidation Act. There are certain important obligations on the third parties requiring them to report revenue offences. Section 1078 creates the offence of […]
General Revenue Audits are now an integral part of the taxation system. They complement the system of self-assessment and promote voluntary compliance. The function is to detect and deter noncompliance. The purpose of an audit is to determine the accuracy of returns of tax liability, tax payments and claims for repayment. They may identify additional liabilities, in which event the unpaid tax or overpaid repayment […]
Making an Appeal An appeal is made by giving written notice of acceptance of the appeal to the Appeal Commissioner. Certain details must be furnished. A copy of the notification by Revenue, particulars of the parties, tax reference numbers, and grounds of appeal. Conditions of appeal, which may include submission of tax returns, must be complied with. The Appeal Commissioners decide whether or not to […]
Specific v General There are a number of general anti-avoidance provisions in tax legislation. Much of the anti-avoidance legislation is technical and designed to deal with certain specific issues. The following deals with the general anti-avoidance provisions and certain of the more general specific anti-avoidance. The general principle is that a person may lawfully organise his affairs so as to avoid tax. Tax avoidance is […]
Penalties There are penalties and potential criminal prosecutions for: Knowingly making any false statement in a return or statement claiming an allowance or credit; Knowingly aiding, abetting, assisting, inciting or inducing a person to make a false return or to unlawfully avoid tax. There are penalties on summary conviction up to €1,520 plus 12 months or on indictment. The fine links to the percentage or […]