Written answers

Wednesday, 17 January 2024

Department of Finance

Vehicle Registration Tax

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

352. To ask the Minister for Finance if he is aware of decision 1324TACD2021, made by the Tax Appeal Commissioners, in which a finding was made that the Revenue Commissioners had been applying the wrong test for normal residence in VRT cases; if so, when was he notified; what steps the Revenue Commissioners have taken to identify and notify any individuals who paid penalties and/or taxes that were not due as a result of the wrong test being applied, and when; what steps the Revenue Commissioners have taken to identify and notify any individuals wrongly accused of committing offences as a result of the wrong test being applied, and when; how many such individuals in total have been identified to date; and if he will make a statement on the matter. [1210/24]

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I am advised by Revenue that each application for exemption or relief from Vehicle Registration Tax (VRT) under the Vehicle Registration Tax (Permanent Reliefs) Regulations 1993 is considered on a case-by-case basis. Such applications may, where appropriate, include the consideration of ‘normal residence’ criteria as defined in the Regulations.

A taxpayer has the right to appeal Revenue’s decision to refuse a Transfer of Residence (TOR) exemption through Revenue’s Complaint and Review Procedures mechanism, and via the Tax Appeals Commission (TAC). Further guidance in relation to both VRT exemptions and reliefs, including TOR relief and the VRT appeals procedure can be found on the Revenue website at www.revenue.ie/en/vrt/index.aspx.

I am further advised that Revenue carefully considers all TAC determinations and is continually reviewing its processes, procedures and Tax and Duty Manuals to ensure compliance with all legislative requirements. In relation to the TAC determination concerned, Revenue confirms that it has considered all aspects of this determination, together with the guidance available to staff, and is satisfied that the printed guidance and the tests applied in determining ‘normal residence’ are appropriate and are applied in a consistent manner. In that regard, four subsequent TAC determinations on this subject have been published in Revenue’s favour in the intervening period.

Finally, Revenue confirms that all reasonable steps are taken to ensure that customers are treated fairly and consistently and with due regard to the specific facts and circumstances of each case. Notwithstanding, Revenue advises each applicant of their right to appeal should they disagree with Revenue’s decision.

Comments

No comments

Log in or join to post a public comment.