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Settlement of over €200,000 between farmer and Revenue

A number of farmers and agricultural contractors appear in a list of tax defaulters, published by Revenue in respect of the period from April 1st to June 30th, 2020.

The list is published in two parts:

Part 1: Persons in whose case the court has determined a penalty relating to a settlement, or has imposed a fine, imprisonment or other penalty in respect of a tax or duty offence.

Part 2: Persons in whose case revenue has accepted a settlement offer instead of initiating court proceedings, or a settlement has been paid in full. This list reflects the amount of a settlement that remained unpaid at the end of the period June 30th, 2020.

Part 1: Court determinations

  • Court determination of penalty: Subject to certain criteria, in settlement cases where there is no agreement to a penalty, or a person fails to pay an agreed penalty, the Court determines the penalty. Details are published when the Court determined penalty exceeds 15% of the total tax and the total of the tax, interest and penalty is more than €35,000 and a qualifying disclosure has not been made:
    • There were no such cases in the 3-month period to 30 June 2020
  • Court imposed fine, imprisonment or other penalty: Details are published when a fine or other Court penalty is imposed in respect of tax or duty offences. Court penalties may include imprisonment, partly suspended or suspended sentences, community service in lieu of imprisonment, and closure orders.

Failure to lodge income tax return(s):

  • Michael McNamara, Newgrove, Tulla, Co. Clare – Farmer – €1,250;
  • Alan Morey, Ballysheen, Sixmilebridge, Co. Clare – Agricultural contractor/farmer – €1,250;
  • Padraic Naughton, Carrowsteelaun, Claremorris, Co. Mayo – Farmer – €1,250.

Part 2: Settlements

Settlements are published when the extensive voluntary disclosure options are not availed of and the default arises because of careless or deliberate behaviour.

James Corrigan, Abbeyawn, Old Kilcullen, Co. Kildare – Farmer – Tax: €50,028.32, Interest: €22,295.87, Penalties: €15,008.50, Total: €87,332.69 – Revenue audit case (under-declaration of income tax), Total: €87,332.59, Amount unpaid at June 30th, 2020: €0.

Raymond Cribbin, Bal, Enfield, Co. Meath – Company director/farmer – Tax: €96,937, Interest: €76,863, Penalties: €29,0881.00, Total: €202,881.00 – Revenue audit case – Non-declaration of Capital Gains Tax and under-declaration of Capital Acquisitions Tax and income tax, Amount unpaid at June 30th, 2020: €0;

Michael Duffy, Dooragh, Shantonagh PO, Castleblayney, Co. Monaghan – Farmer/landlord – Tax: €25,324.99, Interest: €12,773.58, Penalties: €7,597.46, Total: €45,696.03 – Revenue audit case – Under-declaration of income tax, Amount unpaid at June 30th, 2020: €0;

25 cases are published today and €8,491,348 is the total settlement amount in these cases;

18 cases were for amounts exceeding €100,000

    • of which 6exceeded €500,000
    • and 3 of which exceeded €1m;

10 are cases in which the settlement was not fully paid as at 30 June 2020

€4,821,659 was the amount unpaid as at 30 June 2020. In some cases, collection/recovery of the full unpaid amount will not be possible (for example, company liquidation).

Revenue compliance yield

These published settlements reflect “only a portion” of all Revenue audits and investigations.

In the 3-month period to June 30th 2020, a total of 345 Revenue audit and investigations, together with 10,786 risk management interventions (Aspect Queries and Profile Interviews), were settled, resulting in yield of €85.8 million in tax, interest, and penalties.

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