New tax defaulter list
A Graiguecullen fuel retailer who owes more than a €1 million in unpaid taxes is among two people with addresses in the Laois Carlow border town to appear on the latest tax defaulter list from the Revenue Commissioners.
O'Reilly Graiguecullen Oil Lmited owes €1,112,276.08 in unpaid taxes and penalties. The Revenue Audit Case found that the company under-declared corporation tax, PAYE/PRSI/USC and VAT. The total tax due was €611,072.47 while the interest on the amount unpaid was €256,774.62. Penalties for not paying amounted to €244,428.99. None of the total owed has been paid back by the end of 2020.
Meanwhile, Noel O'Reilly, of 61 Barrowvale, Graiguecullen is also on the list. Revenue say the company director / landlord says he owes €36,549.62 in unpaid taxes with interest on this amounting to €12,817.82. Penalties totaled €12,628.63. His total tax debt reached €61,996.07 following the Revenue Audit Case for under-declaration of income tax. Mr O'Reilly had an outstanding debt of €58,381.93 by the end of last year.
Revnue says cases such as these are published when the extensive voluntary disclosure options are not availed of and the default arises because of careless or deliberate behaviour.
Nearly €20 million in tax settlements have been announced by the Revenue Commissioners in the latest list of Tax defaulters while nearly €90 million was collected as a result of more than 11,000 interventions.
The Revenue Commissioners latest publication is in respect of the period 1 July 2020 to 30 September 2020.
Revenue says settlements are published when the "extensive voluntary disclosure options are not availed of" and the default arises because of "careless or deliberate behaviour".
A total of 32 cases are published today, March 9 and €16,911,854 is the total settlement amount in these cases. There were 17 cases were for amounts exceeding €100,000 of which six exceeded €500,000 and 3 of which exceeded €1m.
The two Graiguecullen cases were among six are cases in which the settlement was not fully paid as at 31 December 2020.
A total of €12,115,373 was the amount unpaid as at 31 December 2020. In some cases, collection/recovery of the full unpaid amount will not be possible, for example, company liquidation).
The biggest default and which remains unpaid was John Milton of 3 Garville Place, Garville Avenue, Rathgar, Dublin.
A Revenue Investigation for under-declaration of income tax found that the company owes €5,806,230.13 due to taxes and penalties on the original tax debt of €2,402,869.30. Nothing had been repaid by December 31 2020.
Others on the list include a doctor, tour operator and a Christmas card supplier.
The Revenue has also published a list Court imposed fines, imprisonments or other penalties. Details are published when a fine or other Court penalty is imposed in respect of tax or duty offences. Court penalties may include imprisonment, partly suspended or suspended sentences, community service in lieu of imprisonment, and closure orders.
98 such cases are published and €214,345 is the total of court fines imposed.
Revenue say these published settlements reflect only a portion of all Revenue audits and investigations.
In the 3-month period to 31 December 2020 a total of 265 Revenue audit and investigations, together with 14,324 Risk Management Interventions (Aspect Queries and Profile Interviews), were settled, resulting in yield of €200.4 million in tax, interest, and penalties.
Revenue publishes the List of Tax Defaulters each quarter under the provisions of Section 1086 of the Taxes Consolidation Act, 1997, as amended. The list is published in two parts.
Revenue's compliance programme is carried out under the "Code of Practice for Revenue Audit and other Compliance Interventions" (the Code). The significant benefits of making a ‘qualifying disclosure’ are set out in the Code and include availing of reduced penalties, avoiding publication in the List of Tax Defaulters, and avoiding possible prosecution.
Revenue publishes the List of Tax Defaulters under the provisions of Section 1086 of the Taxes Consolidation Act, 1997, as amended. The list is published in two parts:
Part 1: Court Penalty Determinations and Court imposed fine, imprisonment or other penalty
Court penalty determinations are published where a taxpayer has not made a qualifying disclosure, the Court determined penalty exceeds 15% of the total tax, and the total of the tax, interest and penalty is more than €35,000.
All cases where a fine, imprisonment or other Court penalty is imposed by a Court, in respect of a tax or duty offence, are published.
Part 2: Accepted Settlements (and Settlements deemed to be agreed due to full payment)
Where a taxpayer has voluntarily furnished complete information relating to undisclosed tax liabilities and paid the tax and interest due (made a qualifying disclosure of tax defaults), settlements are not published.
Since 1 May 2017, significant changes and restrictions have come into effect where the case involves matters outside the Republic of Ireland, or 'offshore matters'. These changes limit the opportunity to make a 'qualifying disclosure' and coincide with increased international co-operation whereby Revenue gets more and more information automatically from other jurisdictions.
Legislation introduced in the Finance Act 2016 obliges Revenue to identify settlements where the person has failed to pay within the relevant period.
Settlements are not published where the taxpayer has made a qualifying disclosure relating to undisclosed tax, as defined in Section 1077E (1) of the Taxes Consolidation Act 1997, where the settlement amount does not exceed the relevant threshold, currently €35,000, or where the amount of fine or other penalty does not exceed 15% of the amount of tax.
Calculation of Penalties
Where a qualifying disclosure has not been made, penalties between 15% and 100% are applied, depending on the category of default and whether or not the taxpayer has cooperated fully with Revenue in the course of enquiries. The categories of default are Deliberate Behaviour or Careless Behaviour.
Deliberate Behaviour involves either a breach of a tax obligation with indicators consistent with intent on the part of the taxpayer or a breach that cannot be explained solely by carelessness
Careless Behaviour involves lack of due care, which results in the incorrect declaration of tax liabilities by a taxpayer, or which results in the making of incorrect repayment claims. The level of penalty may be further reduced having regard to the level of cooperation provided by the taxpayer once the default is uncovered. Full details of the level of penalties applicable to audit settlements are set out in Penalty Table 1 (Paragraph 5.6.2) of the Code.
Innocent errors and adjustments due to different interpretations of legislation
Penalties are not applicable where a tax default is not deliberate, or is not attributable in any way to the failure by a taxpayer to take reasonable care to comply with his or her tax obligations. Neither is a penalty applicable where an adjustment to liability arises from differences in the interpretation or the application of legislation, and the taxpayer could reasonably have considered her/his interpretation to be correct.
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