Written answers

Thursday, 18 April 2019

Department of Finance

Tax Appeals Commission

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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71. To ask the Minister for Finance the number of tax appeals before the Tax Appeals Commission; the value of tax to which the disputes amount; the appeals by ranges (details supplied), respectively, in tabular form; and if he will make a statement on the matter. [18332/19]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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72. To ask the Minister for Finance the age and value of tax appeals before the Tax Appeals Commission by ranges (details supplied), respectively, in tabular form; and if he will make a statement on the matter. [18333/19]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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73. To ask the Minister for Finance the number of new appeals brought before the Tax Appeals Commission in each month since January 2016 (details supplied); the number of cases concluded in each month since January 2016; and if he will make a statement on the matter. [18334/19]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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74. To ask the Minister for Finance the number of appeals before the Tax Appeals Commission concluded since January 2016 that have been settled; the value of the settled appeals; the number that have been withdrawn; the value of same; the number of cases that have been heard; and if he will make a statement on the matter. [18335/19]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 71 to 74, inclusive, together.

The Tax Appeals Commission (“TAC”) was established on 21 March 2016 and new procedures for making, processing, adjudicating and determining appeals came into effect. Before this date taxpayers appealed directly to Revenue, who then transferred cases to the Appeal Commissioners if and when they proceeded to appeal. Since that date, taxpayers send their appeals directly to the TAC which then notifies Revenue of the appeals.

In response to the Deputy’s questions, the following table provides an outline of the number of appeals received and concluded in each month since the establishment of the TAC on 21 March 2016.

Table 1: Number of appeals received and number of appeals closed from 21 March 2016 to date

20162016201720172018201820192019
MonthReceivedClosedReceivedClosedReceivedClosedReceivedClosed
January 559 52 264 64 161 91
February 75 39 134 319 112 58
March 1,557 4 177 74 159 148 116 105
April 74 7 91 53 104 141 42 55
May 75 15 106 131 195 122
June 95 15 82 52 72 76
July 107 29 106 51 114 115
August 79 13 90 45 127 56
September 80 16 107 19 108 89
October 76 23 95 49 108 156
November 103 40 107 42 115 72
December 99 44 152 83 189 81
Total2,3452061,7476901,6891,439431309

A breakdown of the number of new appeals in each month since March 2016 by quantum is currently not available.

Following its establishment in 2016, I am informed that approximately 3,020 appeals transferred to the TAC from both the Office of the Revenue Commissioners and the Office of the Appeal Commissioners in March 2016. The TAC has further advised me that, as of 15 April 2019, it currently has approximately 3,568 active appeals under its remit.

Since 21 March 2016 the TAC has cleared appeals relating to over €1.2 billion in disputed taxes. The table gives an outline of how appeals were closed from 21 March 2016.

Table 2: Summary of Appeals Closed since 21 March 2016 to date

Reason for Appeal ClosuresNumber of Appeals ClosedQuantum €000
Determination 110 149,101
Dismissed 238 28,750
Merged 39 11,255
Refused 364 13,419
Settled 1,433 717,311
Withdrawn by Appellant460 283,666
Total2,6441,203,502

The following table provides an outline of the number of appeals that have been heard since 21 March 2016.

Table 3: Appeals listed for hearing since 21 March 2016 to date - Hearings Scheduled; No. of Appeals affected

Outcome 2019* 2018 2017 2019* 2018 2017 2016**
Scheduled 61 167 65 221 248 106 153
Withdrawn/Settled in advance of hearing8 17 2 11 23 2 21
Deferred in advance of hearing35 90 11 174 148 11 33
Proceeded with18 60 52 36 77 93 99
* A further 103 hearings in relation to 307 appeals have currently been listed for the remainder of 2019.

** No breakdown of scheduled hearings was recorded in 2016.

The following table provides an outline of the number of appeals on hand before the TAC as at 15 April 2019.

Table 4: Summary and Quantum* of Appeals on Hand as at 15 April 2019

Category/year received**Legacy Pre-Est'd 2016 2017 2018 2019 Total
Below €10,00074 91 73 584 346 218 1,386
Between €10,001 and €50,000215 16 54 173 319 63 840
Between €50,001 and €1,000,000331 37 106 216 380 91 1,161
Between €1,000,001 and €5,000,00036 2 10 33 35 9 125
Greater than €5,000,00014 2 6 15 19 56
Total6701482491,0211,0993813,568
* The quantum figure should be viewed as an estimate on the following basis:

The original quantum of tax under appeal may be modified post filing of the notice of appeal (i.e. where an aspect of an appeal is settled or withdrawn).

The parties may disagree in relation to the precise quantum of tax in dispute.

The monetary value of an appeal is not always calculable (i.e. in appeals where the rate of tax is in dispute or in appeals in relation to the refusal of Tax Clearance Certificates).

** The system of characterisation of appeals reflects: the appeals on hand in the former Office of the Appeal Commissioners prior to the establishment of the TAC (‘pre-establishment appeals’); appeals received post establishment of the TAC (‘current appeals’); and aged appeals transferred from the Revenue Commissioners (‘legacy appeals’), and the appeal groups are described accordingly.

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