Written answers
Thursday, 17 July 2025
Department of Finance
Tax Avoidance
Pearse Doherty (Donegal, Sinn Fein)
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254. To ask the Minister for Finance the estimated revenue raise by applying a mandatory surcharge of 100% on all cases of tax avoidance above €10,000, €50,000 and €100,000 respectively. [40700/25]
Paschal Donohoe (Dublin Central, Fine Gael)
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I am advised by Revenue that the tax avoidance surcharge is an additional penalty applied under Section 811C of the Taxes Consolidation Act 1997 to deter taxpayers from engaging in tax avoidance transactions. A tax avoidance surcharge applies where a person seeks to obtain the benefit of any tax advantage which is withdrawn by Section 811C General Anti Avoidance Rule (GAAR) or one of the Specific Anti Avoidance Rules (SAARs). The surcharge can be up to 30%.
It is unclear if the Deputy is proposing new legislation to apply a blanket 100% rate to all tax avoidance cases above €10,000, or exploring increasing the current avoidance surcharge which is applicable in cases where GAAR or SAAR is applied. As such, It is difficult to estimate the revenue that could be raised, but, as the yield from challenging tax avoidance varies from year to year, Revenue advises that it is not possible to extrapolate an estimate regardless.
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