Written answers

Wednesday, 4 May 2011

9:00 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 65: To ask the Minister for Finance the number of instances in which the Revenue Commissioners have taken legal action against taxpayers in each of the past five years to date in 2011, whether against individuals or small medium enterprises; and if he will make a statement on the matter. [10045/11]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 66: To ask the Minister for Finance the number of court cases taken by the Revenue Commissioners against persons deemed to have a liability in each of the past five years to date in 2011; the amounts recovered outstanding or otherwise; the number of prison sentences served arising therefrom; and if he will make a statement on the matter. [10046/11]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 65 and 66 together.

I am advised by the Revenue Commissioners that they initiate legal action in a broad range of circumstances as part of their debt management, compliance, investigations and prosecution programmes, and the results since 2006 are set out in the following tables. The numbers are small, having regard to the size of the taxpayer base, but these programmes are an important part of Revenue's compliance strategy, and are essential in maintaining public confidence in the tax system.

Revenue does not maintain records that would allow for compilation of data by reference to actions taken against individuals or small and medium enterprises. However data is available on the number of judgements and their value, obtained for each of the years requested, broken down between individuals and companies and, by definition, all liquidation cases are companies. It is understood that the Deputy is not seeking data in relation to legal proceedings for excise offences or customs criminal investigations.

Revenue employs the services of six firms of external solicitors to effect recovery proceedings on its behalf. The following table summarises the number of cases referred by Revenue to its solicitors, the value of debt in those cases and the debt recovered for each of the years requested. It should be noted that recovery may be effected by the firms concerned without the need to initiate formal legal proceedings before the courts.

YearNo of Cases Subject of referral to External SolicitorsValue of Debt ReferredDebt Recovered
20067,018€205.2m€70.9m
20076,143€165.1m€75.2m
20086,578€237.2m€65.1m
20096,832€297.5m€46.2m
20106,668€261.1m€43m
2011 (Q1)1,690€62.4m€8.2m

Judgments obtained by Revenue 2006-2011

IndividualsCompanies
YearNumberTotal amount inc. costs:NumberTotal amount inc. costs:
2006580€18.9m171€10.1m
2007708€30m164€7.4m
2008791€25m221€6.9m
20091,089€43m330€13.4m
20101,507€64.2m489€20.8m
(Q1) 2011103€4.1m339€17m

As part of the process of enforcing judgements obtained by Revenue, further legal action may be taken through the courts where the debt remains unpaid. A summary of such measures is set out in the table below.

Pursuit of debt by Revenue 2006-2011

200620072008200920102011(Q1)
Forced Sale Completed001000
Adjudicated Bankrupt213460
Committal Order244200
Committal Order Executed001100
Mareva Injunction010100
Garnishee Orders000300
Receiver by Way of Equitable Execution000110

As part of its collection recovery procedures, Revenue also petitions the courts in appropriate cases for the appointment of a liquidator in accordance with Section 214 of the Companies Acts. The number of such orders secured for each of the years requested is set out in the table below.

Petition for the appointment of a liquidator 2006-2011

Type of prosecution20062007200820092010Total
Prosecutions on indictment for serious tax evasion310156741
Prosecutions for the non-filing of tax returns1,2951,2631,1811,1641,3206,223
Summary prosecutions for single-issue tax casesn/an/a2131025

Tax Prosecutions 2006-2010

The following table outlines convictions obtained in the past five years. The single-issue tax initiative, which includes for example failure to furnish books and records, began in 2007 and consequently there were no convictions under this programme prior to 2008.

YearNumber of Companies
200627
200719
200828
200939
201063
2011 (to 29/04/2011)19

In the majority of successful prosecutions, the Courts impose fines. However, since 2006 16 terms of imprisonment have been imposed by the courts, 13 of which were suspended. In 5 cases, periods of imprisonment have been served, including one in default of fines and one who went to prison on remand.

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