Written answers

Wednesday, 5 October 2005

9:00 pm

Seán Ryan (Dublin North, Labour)
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Question 134: To ask the Minister for Finance the number of individuals, companies and trusts being investigated by the Revenue Commissioners arising from the Clerical Medical Insurance-National Irish Bank inquiry at the latest date for which figures are available; the number of cases where settlements have been agreed and the total amount paid to date; the number of cases still outstanding; and if he will make a statement on the matter. [26647/05]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I am informed by the Revenue Commissioners that arising from the Clerical Medical Insurance-NIB inquiry, 465 cases have been targeted for investigation.

To date, 302 cases have been settled on payment of tax, interest and penalties amounting to a total of €51.82 million. A further 117 cases have been finalised with no additional liability arising. The remaining 46 cases are the subject of ongoing investigation, in respect of which €3.68 million has been paid on account.

In the course of 2003, three cases were prosecuted, with fines being imposed in two cases and a suspended sentence imposed in the other. The individuals concerned have also settled their tax affairs and paid the outstanding tax, together with interest and penalties. A further case is currently under investigation with a view to prosecution. Aggregate results of the ongoing investigations have been published each year since 1998 in the annual reports of the Revenue Commissioners. Individual details of settlements have also been published where the provisions of section 1086 of the Taxes Consolidation Act 1997 applied.

Joe Sherlock (Cork East, Labour)
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Question 135: To ask the Minister for Finance the number of individuals, companies and trusts being investigated by the Revenue Commissioners arising from the Ansbacher accounts at the latest date for which figures are available; the number of cases where settlements have been agreed and the total amount paid to date; the number of cases still outstanding; if any additional action has been taken by the Revenue Commissioners arising from the report of the Ansbacher inspectors; and if he will make a statement on the matter. [26649/05]

Photo of Brian CowenBrian Cowen (Laois-Offaly, Fianna Fail)
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I am advised by the Revenue Commissioners that their Ansbacher review team has been carrying out detailed investigations since October 1999. The investigation has essentially two elements. There are Ansbacher type arrangements and there are other cases involving offshore funds and deposits.

Revenue has advised that the review team has inquired into 289 cases to date and 147 of these cases have been finalised. The 289 cases, taking account of spouses and connected companies, consist of 300 names. The 289 cases are made up of 179 cases listed on the High Court inspectors' report and 110 similar cases discovered by Revenue or listed on the authorised officer's report. A total of 211 cases have been under active investigation. The remaining cases consist of 62 non-resident persons, including 17 former Irish residents, 12 individuals who claimed the 1993 amnesty provisions and four cases with insufficient identity information.

The investigation includes examining the tax position of disclosed entities and accumulating and assembling information on other connected entities. The number of connected entities in regard to cases under investigation is now nearly 700. Revenue is making extensive use of its legislative powers to seek books, records, documents and information in the cases being investigated. Where appropriate, prosecutions will be considered but these will depend on the level of evidence available.

Revenue has made ten successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation, which are relevant to liabilities of Ansbacher account holders. Some 200,000 documents have been received under the terms of the High Court orders. Advanced investigative computer software is used in controlling and managing the documentation.

To date, a total of €53.01 million has been received, consisting of settlements and payments on account, in respect of 100 cases. This is made up as follows:

Casesâ'¬ million
Cases involving Ansbacher or Ansbacher type arrangements 81 43.63
Other cases involving offshore funds or deposits 19 9.38
Total 100 53.01

The 147 cases which have been finalised consist of 72 cases which were settled on payments of €42.51 million, included in the amount above, 45 non-resident cases which are covered by the provisions of double taxation agreements, 25 cases where no additional liabilities arose and 5 which were covered by the 1993 amnesty provisions.

Revenue made an application under section 11 of the Companies Act 1990 for a copy of the High Court inspectors' report which was made available to Revenue on 6 July 2002. The information in this report has been carefully considered as regards the tax liabilities of the persons concerned. In addition, Revenue made a further application to the High Court for access to the supporting papers to the High Court inspectors' report. The High Court order in the matter was granted in June 2004 and perfected in January 2005 and allows for access to documents relating to clients of Ansbacher named in the High Court inspectors' report and those persons and companies, including members of the board, found by the High Court inspectors to have failed to co-operate with their inquiry. The order also allows for Revenue to make application and grounding affidavit for the obtaining of information and documents relating to any other individual or company. Access to documents is subject to the direction of the High Court. Revenue has applied, on foot of the order, for access to documentation in respect of certain cases named in the High Court inspectors' report. Some documentation has been supplied and further documentation is awaited.

Revenue has informed me that although substantial progress has been made, some of the investigations are time-consuming and complex and are likely to continue for some time to come.

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