Written answers

Thursday, 5 December 2019

Department of Finance

Tax Appeals Commission

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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85. To ask the Minister for Finance the number of tax appeals before the Tax Appeals Commission; the value of tax the disputes amount to; the appeals by ranges (details supplied), respectively in tabular form; and if he will make a statement on the matter. [51042/19]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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86. 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. [51043/19]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 85 and 86 together.

The Tax Appeals Commission (TAC) has informed me that the number of appeals on hand before the Commission as at 30 November 2019 is 3,330, with a quantum of tax under dispute amounting to €3.6 billion. It is important to note that, of this amount, €2.5 billion is comprised in 10 appeals, five of which were received by the TAC in the last week of December 2018.

Some appeals before the TAC cannot be progressed when the Commission has to await the outcome of court proceedings. For example, a stay may have been placed on the progression of the appeals by the TAC by Order of the High Court, Court of Appeal or Supreme Court. Of the 10 highest-value appeals before the TAC, two appeals with a combined value of €1.67 billion are currently stayed by Court Order and cannot be progressed by the TAC until the stays are lifted.

The Deputy will be aware that significant work has been undertaken to implement the recommendations of an independent review of the TAC that I commissioned in 2018. Two additional Temporary Appeal Commissioners took up appointments in September, with a third to be appointed in the coming weeks. Legislation to create the role and responsibilities of Chair of the TAC has completed scrutiny in both Houses and, when enacted, will allow recruitment to commence for this position. I expect that these additional resources at Commissioner level, supported by additional administrative staff and case-managers, will allow significant progress to be made in addressing the existing backlogs.

The following tables presents the number and value of appeals on hands as at 30 November 2019, by year received and by value range.

Summary of Appeals on Hand as at 30 November, 2019 (Category / Year Received*)

Number of Appeals

Value Range** Legacy Pre Establishment 2016 2017 2018 2019 Total
Below €10,000 42 39 51 515 217 394 1,258
Between €10,001 and €50,000 178 13 47 148 259 113 758
Between €50,001 and €1,000,000 290 74 87 187 335 174 1,147
Between €1,000,001 and €5,000,000 30 9 28 30 17 114
Greater than €5,000,000 9 4 5 15 17 3 53
Total 549 130 199 893 858 701 3,330

Summary of Appeals on Hand as at 30 November, 2019 (Category / Year Received*)

Quantum (€,000)

Value Range** Legacy Pre Establishment 2016 2017 2018 2019 Total
Below €10,000 130 37 108 1,779 608 800 3,462
Between €10,001 and €50,000 5,909 442 1,296 3,398 7,427 2,865 21,337
Between €50,001 and €1,000,000 73,719 15,214 24,400 47,490 69,221 45,813 275,857
Between €1,000,001 and €5,000,000 55,195 19,804 48,954 55,528 31,099 210,580
Greater than €5,000,000 110,828 129,359 88,056 340,735 2,338,628 90,968 3,098,574
Total 245,781 145,052 133,664 442,356 2,471,412 171,545 3,609,810

* The TAC was established on 21 March, 2016. The system of characterisation of appeals reflects the appeals:

a. on hand prior to the establishment of the TAC (‘pre-establishment appeals’),

b. appeals received post establishment of the TAC (‘current appeals’), and

c. aged appeals transferred from the Revenue Commissioners (‘legacy appeals’) and the appeal groups are described accordingly.

** The Tax Appeals Commission has advised that it is difficult to provide an actual quantum figure because the original quantum of tax under appeal may be modified post filing of the notice of appeal (i.e. where an aspect of the appeal is settled or withdrawn), the parties may disagree in relation to the precise quantum of tax in dispute, or the monetary value of an appeal is not always calculable (e.g. in appeals where the rate of tax is in dispute or where the quantum in dispute represents a refusal of loss relief or of deductions or in appeals in relation to the refusal of Tax Clearance Certificates).

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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87. To ask the Minister for Finance the number of new appeals brought before the Tax Appeals Commission in each month since January 2016; the number of cases concluded in each month since January 2016; and if he will make a statement on the matter. [51044/19]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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88. To ask the Minister for Finance the number of appeals before the Tax Appeals Commission that have been concluded since January 2016 that have been settled; the value of the settled appeal; the number withdrawn; the value these amounted to; the number of cases heard; the value these appeals amounted to; and if he will make a statement on the matter. [51045/19]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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I propose to take Questions Nos. 87 and 88 together.

Following its establishment in 2016, I am informed that approximately 3,028 appeals transferred to the Tax Appeals Commission (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 30 November, 2019 it currently has approximately 3,330 active appeals under its remit.

The Deputy will be aware that significant work has been undertaken to implement the recommendations of an independent review of the TAC that I commissioned in 2018. Two additional Temporary Appeal Commissioners took up appointments in September, with a third to be appointed in the coming weeks. Legislation to create the role and responsibilities of Chair of the TAC has completed scrutiny in both Houses of the Oireachtas and, when enacted, will allow recruitment to commence for this position. I expect that these additional resources at Commissioner level, supported by additional administrative staff and case-managers, will allow significant progress to be made in addressing the existing backlogs.

The following table provides an overview of the number of appeals received and concluded in each month since the establishment of the Tax Appeals Commission on 21 March 2016:

Tax Appeals CommissionNumber of Appeals Received and Closed from 21 March 2016 to date
Month Received 2016 Closed In 2016 Received 2017 Closed In 2017 Received 2018 Closed In 2018 Received 2019 Closed In 2019
Jan n/a n/a 560 52 264 64 162 91
Feb n/a n/a 75 39 134 319 114 59
Mar 1,646 4 177 74 159 148 116 107
Apr 64 7 91 53 104 141 101 92
May 62 15 106 131 195 121 116 120
Jun 81 15 82 52 72 76 97 148
Jul 97 29 105 51 114 115 128 153
Aug 66 13 90 45 127 55 130 110
Sep 78 16 107 19 108 90 109 174
Oct 73 23 95 49 108 156 112 216
Nov 90 40 107 42 115 72 136 176
Dec 96 44 152 83 189 81
Total 2,353 206 1,747 690 1,689 1,438 1,321 1,446

I am informed that since its establishment on 21 March 2016, the TAC has cleared appeals relating to €1.4bn in disputed taxes. The below table provides an outline of how appeals were closed from 21 March, 2016:

Tax Appeals CommissionSummary of Appeals Closed since 21 March, 2016 to date
Reason for Appeal Closures No. of Appeals Closed Quantum €000
Determination 165 167,679
Dismissed 282 40,194
Merged 38 11,219
Refused 569 30,266
Settled 1,888 877,238
Withdrawn by Appellant 838 314,360
Total 3,780 1,440,956

The following table provides an overview of the number of appeals that have been listed since 21 March, 2016:

Tax Appeals CommissionAppeals Listed for Hearing since 21 March, 2016 to date
2019No. 2019Affecting 2019 Quantum€000 2018No. 2018 Affecting 2018 Quantum€000 2017 No. 2017 Affecting 2017 Affecting
Scheduled 215 604 780,855 167 248 57,715 65 106 153
Withdrawn / Settled in advance of hearing 24 38 303,191 17 23 12,250 2 2 21
Deferred in advance of hearing 122 316 336,999 90 148 35,468 11 11 33
Proceeded With 69 250 140,665 60 77 9,997 52 93 99

* A further 10 hearings in relation to 20 appeals with a quantum of approximately €50 million have currently been listed for the remainder of 2019.

** Quantum figures for 2017 and 2016 and the number of hearings held in 2016 are not available.

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