Revenue audit - publication list of defaulters

[cmalone]

overheard story regarding self employed business owner. They appear to have had revenue audit and now total due - underpaid tax and penalties / interest- circa 65000 euro.

The owner has accepted the liability. However , seems difficult family situation and medical history with owner.

Is there any circumstance that revenue consider to not publish name on defaulter list ?

 

[noproblem]

I really don't know the answer to that but for most it wouldn't be a big deal at all. It wouldn't worry me at all.

 

[Philip S]

I may be wrong with this but i think if you play ball with revenue you wont be on the defaulter list. So the letter came out to him and he put his hands up I said here is the tax i did not declare and here is how I plan to pay the money he is fine. They general only publish the names if you don't disclose and if its above a certain amount

 

[HouseHunter2016]

If you make a Qualifying Disclosure you will not be published:
http://www.revenue.ie/en/self-assessment-and-self-employment/making-a-disclosure/index.aspx

The Code of Practice for Revenue Audit on their website lists the following reasons for not getting published on the defaulters list:
http://www.revenue.ie/en/self-asses.../documents/code-of-practice-revenue-audit.pdf

"Exclusions from Publication


Statutory Exclusions

Section 1086 TCA 1997 provides for the following statutory exclusions from publication –

Revenue does not publish the following cases;

• cases where a qualifying disclosure is accepted; [Section 1086 (4)(a) TCA 1997]

• cases where the specified sum referred to in paragraph (c) or (d) of Section
1086 subsection (2) does not exceed €35,000 (€33,000 in respect of liabilities
arising between 1 January 2010 and 1 January 2017) (figure for tax, interest
and penalty) [Section 1086 (4)(c) TCA 1997]

• cases where the penalty (agreed with taxpayer or determined by a court) does
not exceed 15% of the amount of the tax ultimately due [Section 1086 (4) (d) TCA 1997]

• cases where a ‘qualifying avoidance disclosure’ is accepted and/or a ‘tax avoidance surcharge(s)’ occurs [Section 811D TCA 1997]."

 

[torblednam]

I think the replies so far referring to qualifying disclosures etc are engaging in wishful thinking on the OP's friend's behalf.

The OP says the person

They appear to have had revenue audit and now total due - underpaid tax and penalties / interest- circa 65000 euro.

The owner has accepted the liability.

This would indicate the audit happened, without a disclosure, and the inspector identified the additional tax due.

Accordingly, if there's no qualifying disclosure, the penalty exceeds 15% and the total settlement exceeds the relevant threshold (30k - 35k depending on year of default), then Revenue are obliged to publish. It's not an area that they really have a discretion in.

 

[HouseHunter2016]

I think the replies so far referring to qualifying disclosures etc are engaging in wishful thinking on the OP's friend's behalf.
.

I didn't intend for it to come across as wishful thinking. In referring to a qualifying disclosure I was replying to the original posters question of "Is there any circumstance that revenue consider to not publish name on defaulter list ?"

By being published the individual being audited has not met the conditions (one or several of them) to avoid publication. Since the exclusions listed are statutory, Revenue does not have the option to exercise discretion in this matter.

 

[cmalone]

Thanks for helpful responses. The defaulter is happy to be over the process - as it took 3 years - original inspector appears to have been dismissed by Revenue for particular conduct.

 

[torblednam]

Thanks for helpful responses. The defaulter is happy to be over the process - as it took 3 years - original inspector appears to have been dismissed by Revenue for particular conduct.

Reeeeeeeeallllly?! I'd take that with a pinch of salt, that would be extremely extremely rare. (Edit: The auditor being fired I mean, not the 3 years to conclude the audit.)

 

[cmalone]

Pm me if you want the tax district.