Transcript Revenue Powers” PPT - Conor Kennedy

Revenue Powers
Conor Kennedy
Law Library,
Four Courts,
Dublin 7.
Revenue Powers Group
 Set up in March 2003
 Terms of reference
– To enquire on main statutory powers available to
Revenue
– To advise Minister as to
• Effectiveness of powers
• Appropriate balance – need to secure revenue of state v rights
of taxpayers
• Need for further powers?
• Comparable powers in other jurisdictions
– To report on results
Revenue Powers Group
 Conclusions
– Powers in line with international standards
– Evidence of confrontation
– Legislation should contain key restraints
– Legislation should provide safeguards for
taxpayers
 Commission on Taxation
– review the structure, efficiency and
appropriateness of the Irish taxation system.
Criminal Assets Bureau
 Criminal Assets Bureau Act 1996
– Identify assets obtained from criminal activities
– Deprive or deny persons of those assets
– Investigate & undertake preparatory work
 Disclosure of Certain Information for Taxation
and Other Purposes Act 1996
– Exchange of information between Revenue & Gardai
 Proceeds of Crime Act 1996
– Power to seize property
Revenue Report 2008
Audits Completed
Comprehensive
Single Tax/Duty
Multi Tax/Duty
Single Issue/
Transaction
Assurance Checks
No.
3,904
6,074
2,065
Yield €m
262
184
65
1,363
345,452
59
63
Revenue Report 2008
Convictions
Referred to DPP
DPP directions
DPP summons
Total
Tax Customs Total
15
5
20
6
5
11
6
5
11
7
5
12
34
20 54
Part 37 - Administration
 S.849
– Care and management
 S.859
– Anonymity
Part 41 – Self Assessment
 S.951
– Obligation to make a return
 S.952
– Obligation to pay preliminary tax
 S.954
– Making of assessments
 S.955
– Amendment of and time limit for assessments
 S.956
– Inspectors’ right to make enquiries and amend
assessments
Part 38 - Returns of Income and
Gains
 Chapter 1
– Returns of income
 Chapter 2
– Corporation tax returns
 Chapter 3
– Other obligations and returns
 Chapter 4
– Revenue powers
Main Revenue Powers
 S.899
– Inspector’s right to make enquiries
 S.900
– Power to call for production of books
 S.901
– Application to High Court: Production of books and
information
 S.902
– Information to be furnished by third party
 S.902A
– Application to the High Court: Information from third
party
Main Revenue Powers
 902B
– Power of inspection: life policies
 S.903
– Power to inspect PAYE records
 S.904
– Power of inspection
Revenue Powers
 S.904A
– Power of inspection: returns and collection of appropriate tax
 S.904B
– Report of Committee of Public Accounts: publication
etc.
 S.904C
– Power of inspection (returns and collection of
appropriate tax) assurance companies
 S. 904D
– Power of inspection (returns and collection of
appropriate tax) investment undertakings
Revenue Powers
 S.904E
– Power of inspection: claims by authorised
insurers
 S.904F
– Power of inspection: claims by qualifying
lenders
 S.904G
– Power of inspection: claims by qualifying
insurers
Revenue Powers
 S. 904H
– Power of inspection: qualifying savings
managers
 S. 904I
– Power of inspection: returns and collection of
dividend withholding tax.
 S. 904J
– Power of inspection: tax deduction from
payments in respect of professional services by
certain persons
Revenue Powers
 S.905
– Inspection of documents and records
 S.906
– Authorised Officers and Garda Siochana
 S. 906A
– Information to be furnished by financial
institutions
 S.907
– Application to the Appeal Commissioners
Main Revenue Powers
 S.908
– Application to the High Court seeking order requiring
information: financial institutions
 S.908A
– Power to obtain information from financial institutions
 S.908B
– Application to High Court seeking order requiring
information: associated institutions
 908C
– Search warrants
Revenue Powers
 S.908D
– Order to produce evidential material
 S.909
– Power to require return of property
 S.911
– Valuation of assets
 S.912
– Computer documents and records
Main Revenue Powers
 S.912A
– Information for tax authorities in other
territories
 Section 912B
– Questioning of Suspects in Garda Siochana
Custody in certain circumstances
 Chapter 5
– Capital Gains tax returns
 Chapter 6
– Electronic transmission of returns of income
Part 42 – Collection and
Recovery Powers
 S.968
– Judgements for recovery of income tax
 S.969
– Duration of imprisonment
 S.971
– Priority of income tax over other debts
 S.972
– Duty of employers
Part 47 – Penalties
 S.1052
– Penalties for failure to make certain returns
 S.1053
– Penalty for fraudulently or negligently making
incorrect returns
 S.1054
– Increases penalties
 S.1055
– Penalty for assisting in making incorrect returns
Part 47 – Penalties
 S.1056
– Penalty for false statement
 S.1065
– Mitigation of penalties
 S.1078
– Revenue offences
 S.1078(a)
– Concealing facts
 S.1079
– Duties of relevant persons
Part 47 – Penalties
 S.1084
– Surcharge for late returns
 S.1085
– Corporation Tax, late returns, restrictions
 S.1086
– Publication of names of tax defaulters
Tax Prosecution Criteria
 Use of forged or falsified documents
 Systematic scheme to evade tax
 False claims for repayment
 Failure in remitting fiduciary taxes
 Deliberate and serious omissions from tax
returns
Tax Prosecution Criteria
 Use of offshore bank accounts to evade tax
 Insidious schemes of tax evasion
 Aiding and abetting the commission of a tax
offence
 Offences under the Waiver of Certain Tax,
Interest and Penalties Act 1993
Decision to Prosecute
 Strength of available admissible evidence
 Period of time since offence
 Likely length & expense of trial
 Need for a deterrent
 Whether a full disclosure of irregularities
made