Written answers

Tuesday, 28 June 2016

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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96. To ask the Minister for Finance further to Parliamentary Question No. 120 of 21 June 2015, the number of settlements the Revenue Commissioners entered into for a sum greater than €100,000 and €500,000 respectively which resulted in non-publication by virtue of the provisions of section 1086 of the Taxes Consolidation Act 1997, in each of the years 2014 and 2015; and if he will make a statement on the matter. [18417/16]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I am informed by Revenue that on foot of compliance interventions finalised in 2014 and 2015 the numbers of settlements which did not meet the criteria for publication are set out in the table:

Settlements greater than20142015
€100,000658  666
€500,000124 115

I am further informed that the main reasons why settlements in excess of €100,000 would not fall to be published are where the taxpayer has made a qualifying voluntary disclosure or where the matter relates to a technical adjustment, that is the additional tax liability arises due to a genuine mistaken interpretation or application of the legislation.

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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97. To ask the Minister for Finance the number of applications for a certificate of tax compliance which the Revenue Commissioners rejected in each of the years from 2011 to 2015; how the basis of rejection was broken down across the different categories of non-compliance; the number that related specifically to the local property tax; and if he will make a statement on the matter. [18419/16]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I am advised by Revenue that the general scheme of tax clearance certification is provided for by Section 1095 of the 1997 Taxes Consolidation Act (as amended).

Revenue can not issue a Tax Clearance certificate where the applicant has not paid all tax, interest and penalties, or has not filed all tax returns that are correctly due. Revenue is also prevented from issuing a Tax Clearance certificate to a partnership unless each individual partner is fully tax compliant or, to a company unless the beneficial owner is fully tax compliant. Revenue will however issue a Tax Clearance certificate where the applicant files all outstanding returns and enters into a phased payment arrangement in respect of the liability.

Revenue has also advised that the tax clearance system is a highly automated process designed for rapid turnaround of applications and notification to the applicant where issues arise. In the vast majority of cases where it is not immediately possible to issue a tax clearance certificate, a mutually acceptable arrangement can be agreed and certification issued. This is particularly the case in respect of refusals related to Local Property Tax where more than 97% are very quickly rectified.

The table sets out the number of tax clearance applications that were rejected for the years 2011 to 2015 inclusive. The figures for 2013 to 2015 include 3,500, 14,000 and 12,000 rejections respectively on foot of LPT non-compliance.

Year No of Tax Clearance Applications Rejected% Rejected
201146,31422%
201246,81722%
201348,04621%
201463,52225%
201553,50121%

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