Problems with Revenue

[clairetje88]

Hi there. My husband and I were taxed together until his death in 2014. Preliminary tax was paid under his tax number in october 2013 and after his death full tax due for 2014 plus preliminary tax was paid under my name, resulting in an overpayment of € 12k.
My tax affairs for 2015 were subject to an audit this year and all was well. However preliminary tax for 2016 and then the balance was paid late and they now want to charge over €1k in interest.
My argument has been they hold € 12k since 2014 /(no, they have yet to pay it back) and thus I am actually in credit. Any ideas on how to deal with this?

 

[T McGibney]

Tell them that and it should be cut and dried.

 

[clairetje88]

My accountant did and the dent management task force states it is due and owing under the Finance Act 2009, and that I have no right of appeal. They are threatening me with the Sheriff

 

[T McGibney]

What's holding up the 2014 overpayment?

 

[Mary55555]

Hello

Unfortunately there is very little room with manoeuvre with interest.. And as it is due under statute they can’t waive it either.

So unless there is an issue with the 2016 return I don’t think you have any grounds .. it’s really crappy situation but you best pay before they charge sheriffs fees..

 

[T McGibney]

And as it is due under statute they can’t waive it either.

That's the official line, but they can of course waive it. Especially if it transpires that they're at fault for sitting on a larger prior year refund.

 

[torblednam]

Hello

Unfortunately there is very little room with manoeuvre with interest.. And as it is due under statute they can’t waive it either.

So unless there is an issue with the 2016 return I don’t think you have any grounds .. it’s really crappy situation but you best pay before they charge sheriffs fees..

If they intend to hold that line, they'd better be intending on paying the lady interest on her 2014 overpayment, in which case she'll end up ahead.

I agree with Tommy on this. If they're holding an equivalent or greater amount since before the due date for the 2016 preliminary tax, then they can and should take it by offset with no interest applying.

You probably need to get your case kicked upstairs to get it sorted OP.

 

[clairetje88]

Looking for the repayment of the 2014 overpayment of tax, led to the audit for the years 2012 - 2015.

There was no tax outstanding and then they started looking for interest on the late tax paid for 2016. The return was filed on time

So who can we "kick it upstairs to to get it sorted?"

 

[torblednam]

Well that's what you're paying your accountant for, to know how to get this sorted.

It's not really any different than with any other hierarchy- "I want to speak to your manager"... and if necessary the manager's manager.

And ultimately, a formal complaint, but you'd need to be satisfied you're not being treated the same as everyone else for that to be of any use:
https://www.revenue.ie/en/corporate/documents/customer-service/cs4.pdf