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Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: I would call that a case withdrawn.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: I am drawing the parallel with social welfare. If a case goes to the appeals office and it is withdrawn at local level, it is no longer in the Tax Appeals Commission's system and not one of its live cases. There is probably a percentage of cases that came to the Tax Appeals Commission but were withdrawn and did not have to proceed. We are not looking for the withdrawn cases because the...

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: Does he see the simple logic that the public would like to see the headline figures because-----

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: We will ask the Revenue about putting a system in place this afternoon. There can be no confidence given how poorly the Tax Appeals Commission is resourced. For us to know the system is working and for the public to have confidence in the system, people need to know these kinds of things. Does the Comptroller and Auditor General wish to make an observation?

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: Does the Revenue know all the cases that go to the Tax Appeals Commission?

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: At a Tax Appeals Commission hearing, the Revenue makes its case and the taxpayer on the other side makes his or her case. Both sides make a case and we are familiar with that. I know there is a presumption that hearings will be held public. There was a significant dispute about confidentiality when the legislation was going through. How many hearings did the Tax Appeals Commission hold...

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: I ask Mr. O'Mahony to give us a feel for what is happening. He can send the information in writing during the week. If he has it with him, that would be great.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: How many were held in public and how many in private?

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: I thought there was a presumption that hearings were generally to be held in public.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: That is what the legislation ultimately said on that issue.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: When the legislation was before the Houses, there was a major dispute about whether all hearings should be held in public. People have been given the option. Did Ms Gallagher indicate that only 10% of the 700 cases the commission dealt with last year went to hearings?

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: Through correspondence.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: I am pleased to hear that. I had the impression earlier that there were a large number of hearings relative to the overall number of cases, but hearings account for only 10% of cases or even less.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: Is it similar to mediation?

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: I understand. It allows for the exchange of information and for issues to be addressed. Could I get the figure again for the net amount of the €1.6 billion that is in dispute? Is the net figure €1.1 billion?

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: We will come to that in the afternoon. In other words, it is more than a third of it. Everybody thinks €1.6 billion is due but that is not the case.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: We will go back to Revenue.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: We ask the commission to supply more information on the cases in hand. We want an age analysis of that. How many cases have been ongoing for three months, between three and six months and between six and 12 months? It is not sufficient to simply use the heading "legacy". We want to know the timing of the legacy in terms of how many cases have been ongoing for two years, three years or...

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: We will put this to Revenue as well in the afternoon.

Public Accounts Committee: 2016 Annual Report of the Comptroller and Auditor General and Appropriation Accounts
Chapter 9 - Internal Controls in the Tax Appeals Commission
Vote 10 - Tax Appeals Commission
(28 Jun 2018)

Seán Fleming: Revenue can provide additional information. Both bodies will have to work together.

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