Written answers

Tuesday, 20 June 2017

Department of Finance

Revenue Commissioners Investigations

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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223. To ask the Minister for Finance the appeals process open to a person who has gone through all stages of mediation with the Revenue Commissioners and revenue sheriffs; and if he will make a statement on the matter. [26874/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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224. To ask the Minister for Finance the amount paid to Revenue sheriffs by persons that decided to purchase back assets that were the subject of a warrant; and if he will make a statement on the matter. [26875/17]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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225. To ask the Minister for Finance the number of warrants issued for the collection of debts owed to the Revenue Commissioners by Revenue sheriffs in the past five years and to date in 2017, by county; and if he will make a statement on the matter. [26879/17]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 223 to 225, inclusive, together.

Revenue only refers outstanding tax liabilities to its enforcement agents, including Sheriffs, as a last resort. Before any such action is taken Revenue makes every effort to engage with the taxpayer and where possible will agree a mutually acceptable payment arrangement as an alternative. Revenue’s ongoing commitment in this regard is clearly evidenced by the 10,886 phased payment arrangements that were agreed in 2016 in respect of €103m of debt.

In regard to Question 26874, where a tax debt is referred to a Sheriff, the taxpayer is entitled to expect all engagement to be conducted in accordance with the Sheriffs’ Code of Practice. Where the taxpayer feels that this has not happened he/she is entitled to request a review by the Joint Steering Committee (JSC), which is also provided for in the Sheriffs’ Code of Practice. The JSC includes a representative from the Department for Justice and Equality (Chair), a representative from Revenue and representatives from the Sheriffs’ Association.

If the taxpayer is still dissatisfied at the end of JSC process he/she is fully entitled to have the issue heard before the Courts. It is important to note that Sheriffs are officers of the Court and as such are not accountable to Revenue for their debt collection activities. They are however governed by the general law, which applies to the collection of civil debts and are answerable before the Courts for any breach of these laws.

In regard to Question 26875, Sheriffs only seize goods in a very small number of cases. In such circumstances the taxpayer is provided with a full inventory of the goods seized and is allowed a further period of time to engage with the Sheriff before the items are sold. The items are returned to the taxpayer if the tax debt is subsequently paid or if an acceptable payment arrangement is agreed. Where the items are sold, the Sheriff provides the taxpayer with a full account of the proceeds of the sale including details on costs and the actual amount paid to Revenue. Revenue does not hold data in relation to seizure activity by the Sheriffs and is not aware of instances where a defaulting taxpayer ‘purchases back assets’ seized by the Sheriff in the manner suggested by the Deputy.

The following table provides a county breakdown of the number of warrants issued by Revenue to the Sheriffs for the years 2012 to 2017 (year to date) as requested by the Deputy in Question 26879.

Sheriff Warrants 2012 to January-April 2017 

20122013201420152016Jan - Apr 2017
CountyNo.No.No.No.No.No.
Carlow377378441378417144
Cavan547517437369504217
Clare1,0231,0801,019713994349
Cork3,5182,8023,0513,2234,1841565
Donegal8077437967331,057388
Dublin8,7758,3619,5118,59610,7244015
Galway1,7011,1891,2011,1981,595869
Kerry1,3251,3781,3539231,105442
Kildare1,4821,3831,4541,4771,571636
Kilkenny463462551536551264
Laois327299397391449195
Leitrim214172196195301105
Limerick9981,5171,5951,3301,821578
Longford255233242227367124
Louth1,1141,0219031,0591,458447
Mayo682835938696872319
Meath1,2611,0741,1911,2631,935701
Monaghan519444354309428207
Offaly318252361276308185
Roscommon337193281229392179
Sligo444408436396468150
Tipperary1,2509181,064923920411
Waterford772672628646738247
Westmeath561405570520593304
Wexford8087507268271,425432
Wicklow1,1871,3091,2311,0441,455437
Total31,06528,79530,92728,47736,63213,910

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