Revenue publishes List of Tax Defaulters

Today (03/03/2020), Revenue published the List of Tax Defaulters in respect of the period 1 October 2019 to 31 December 2019. The list is published in Iris Oifigiúil, in two parts.

• Part 1: Persons in whose case the Court has determined a penalty relating to a settlement, or has imposed a fine, imprisonment or other penalty in respect of a tax or duty offence.
• Part 2: Persons in whose case Revenue has accepted a settlement offer instead of initiating court proceedings, or a settlement has been paid in full. This list reflects the amount of a settlement that remained unpaid at the end of the period 31 December 2019. Unpaid amounts are subject to Revenue’s normal debt collection and enforcement procedures.

Part 1: Court Determinations

• Court Determination of Penalty: Subject to certain criteria, in settlement cases where there is no agreement to a penalty, or a person fails to pay an agreed penalty, the Court determines the penalty. Details are published when the Court determined penalty exceeds 15% of the total tax and the total of the tax, interest and penalty is more than €35,000 and a qualifying disclosure has not been made:
  • 5 such cases are published and €347,628.22 is the total amount of the Court determined penalty.

• Court imposed fine, imprisonment or other penalty: 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.
  • 186 such cases are published and €451,985 is the total of court fines imposed.

These cases include:

• 128 cases of failing to lodge, or delivering incorrect, tax returns, producing incorrect invoices, failing to produce books and records, failing to deliver a statement of affairs and incorrectly claiming an Income Tax relief. Court fines of up to €15,000, 40 hours community serviceand a custodial sentence of up to 2 years were imposed;
• 33 cases of misuse of marked mineral oil, in respect of which Court fines of up to €6,000 were imposed;
• 25 cases of excise and licencing offences including, evasion of excise duty, smuggling of tobacco, illegal selling of tobacco, possession of untaxed tobacco for sale, failure to hold a liquor licence, possession of untaxed alcohol for sale and the production of illicit alcohol. Court fines of up to €2,500, three suspended sentencesand a custodial sentence of up to 18 months were imposed.

Part 2: Settlements

Settlements are published when the extensive voluntary disclosure options are not availed of and the default arises because of careless or deliberate behaviour:

• 45 cases are published today and €19,791,949.44 is the total settlement amount in these cases;
• 19 cases were for amounts exceeding €100,000
  • of which 5 exceeded €500,000
  • and 2 of which exceeded €1m;
• 14 are cases in which the settlement was not fully paid as at 31 December 2019;
• €15,210,180 was the amount unpaid as at 31 December 2019. Revenue vigorously pursues collection/enforcement of unpaid settlements. In some cases, collection/recovery of the full unpaid amount will not be possible (for example, company liquidation).

Revenue Compliance Yield

These published settlements reflect only a portion of all Revenue audits and investigations.

In the 3-month period to 31 December 2019, a total of 719 Revenue audit and investigations, together with 22,432 Risk Management Interventions (Aspect Queries and Profile Interviews), were settled, resulting in yield of €169.31 million in tax, interest, and penalties.

List of Tax Defaulters

ENDS [03/03/2020]