Mary Upton (Dublin South Central, Labour)
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Question 40: To ask the Minister for Finance the number of persons, companies and trusts being investigated by the Revenue Commissioners arising from the Ansbacher accounts issue at the latest date for which figures are available; the number of cases where settlements have been agreed; the amount paid to date; the number of cases outstanding; if 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. [12404/06]

Brian 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 — Ansbacher-type arrangements and other cases involving offshore funds and deposits. Revenue has advised that the review team has inquired into 289 cases and, to date, the team has finalised 202 cases. 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.

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 respect of cases under investigation is now almost 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 11 successful applications to the High Court for the production by financial institutions and third parties of books, records and other documentation relevant to liabilities of Ansbacher account holders. Some 220,000 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 €56.10 million has been received, consisting of settlements and payments on account in respect of 108 cases. This is made up of:

The 202 cases which have been finalised consist of 78 cases which were settled on payments of €44.88 million, included in the amount above, 66 non-resident cases that are covered by the provisions of double taxation agreements, 42 cases where no additional liabilities arose and 16 that 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 that 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 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 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 the investigations are time consuming and complex and are likely to continue for some time to come.