Qualifying Avoidance Disclosures

Transactions which commenced after 23rd October 2014

If a taxpayer enters into a tax avoidance transaction with a view to obtaining a tax advantage from the transaction, then they have an opportunity to make a "qualifying avoidance disclosure" in order to settle his/her affairs with Revenue and minimise the tax avoidance surcharge that otherwise applies.

The benefits of making a qualifying avoidance disclosure may include:

  • a potential reduction of the "tax avoidance surcharge" payable from 30% to as low as nil,

    and
  • the taxpayer’s name or settlement details will not be published in the list of tax defaulters.

Guidance

Full details of how the mechanism operates from 23 October 2014 are set out in pdfChapter 8 of the Code of Practice for Revenue Audit and other Compliance Interventions (674KB).

This qualifying avoidance disclosure regime is based on legislation contained in:

  • Section 811D Taxes Consolidation Act 1997

Forms

The relevant forms required to make a qualifying avoidance disclosure are:

June 2016


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