Tax Audits: New Code of Practice – Same Old Story

November 27, 2015

Revenue have recently updated their Code of Practice for Revenue Audits.

The new update applies from 20 November 2015 and replaces the previous Code issued in August 2014.

The most striking change (in paragraph 1.10.5)  is the new Revenue policy of reporting an accountant or tax agent to their professional regulatory body where they consider that their work during a Revenue Audit “does not meet the standards of a professional body“.

Portrait of crying baby

Needless to say, there is no corresponding measure to shop a dodgy tax inspector to a third party regulator.

If you encounter an incompetent, unpleasant or aggressive inspector, you can only complain directly to Revenue.

When it comes to tax audits, sauce for the goose is rarely sauce for the gander.

 

 


Revenue Warn Builders: “We’re Back!”

August 31, 2015

The Revenue Commissioners have warned builders and tradesmen to be on their guard in relation to tax compliance, as the construction sector slowly recovers from its long recessionary slump.

The collapse of the building sector following the 2008/09 crash was a catastrophe, not only for those working in and earning a crust from construction, but also for Revenue, who had enjoyed booming tax receipts from the sector in the Celtic Tiger bubble years.

In its eBrief last week, the tax authority announced that it is beefing up its “compliance interventions” programme for the industry, in order to ensure that the State benefits fully from the recovery.

This centres mainly on the online Relevant Contracts Tax (eRCT) system, in addition to VAT and Employers’ PAYE/PRSI.

Revenue to Builders - We're Back!

Revenue have now flagged the following key issues:

  • Operation of the eRCT system, including full reporting of payments to sub-contractors, and notification of “Unknown” sub-contractors;
  • Reconciliations of Home Renovation Incentive (HRI) applications with VAT returns;
  • Cross-checking of eRCT, PAYE/PRSI and VAT returns with reported profit margins;
  • Reviews of VAT Reverse Charge and PAYE/PRSI procedures;
  • More attention on the vexed question of classifying employees vs. subcontractors; and
  • A fresh focus on the treatment of non-Irish resident principal contractors & sub-contractors.

Once underway, the Revenue  “compliance interventions” programme will entail more:

  • aspect queries – requests for documentation and other specific questions
  • profile interviews – interviews focusing on the key tax “compliance risk areas” identified by Revenue based on the taxpayer’s profile.
  • revenue audits – full examinations of tax returns and claims.
  • unannounced visits to construction sites.

Revenue are strongly encouraging builders and tradesmen to review their tax compliance, and regularise any shortcomings before they take action.

In many cases this will entail making an “unprompted voluntary disclosure” and settling tax, penalties and interest liabilities.

If you are going down this road, I strongly recommend that you first arm yourself with appropriate professional assistance and ensure that your proposal complies with the Revenue Audit Code of Practice.


Are Revenue Really Using PAYE Audits to Fish for Third-Party Data?

August 18, 2015

“Revenue are doing audits of PAYE taxpayers who got one-off single-house planning permission and demanding details of all payments to tradespeople.”

…according to Aidan Clifford in the Sunday Independent at the weekend.

I haven’t yet heard of this happening. If if it is, I’d be very, very alarmed.

Revenue Audit

The purpose of a Revenue Audit is to audit a tax return. It should never be merely a general trawl through a private individual’s personal expenditure.

And if Revenue are auditing PAYE taxpayer returns with the sole intention of fishing for information on non-business spending, there’s a good chance they’re violating both their own Code of Practice and their wider data protection obligations.

If you’ve a grievance over the conduct of a Revenue Audit, you can use their complaints procedure.


Revenue Once Again Turn Screw on Contractors

April 7, 2014

The seemingly interminable Revenue Contractors Tax Project took another twist today with the issue of a fresh letter from Revenue South West Region to the Irish Tax Institute.

Revenue are now promising a speedy resolution to their audits of “some 550” contractor companies, whose tax position has not yet been resolved.  These form part of an ongoing project to claw back travel expenses and other tax deductions claimed by such companies.

The letter concedes that from Revenue’s viewpoint, “progress has been disappointing in the first Quarter of 2014” and complains of “widespread evidence of delay and reluctance to agree settlement”.

Revenue Contractors Tax Project

Presumably, this is a reference to the increasing numbers of contractors who are opting t0 formally challenge Revenue assessments with the Appeal Commissioners.

Revenue now state that:

  • Where taxpayers have made submissions that have not yet been processed by Revenue, responses will now “issue as a matter of urgency”.
  • Enquiries where “there is no evidence of significant liability” will be closed.
  • In cases where a liability has been determined, but no settlement has been made, the taxpayers concerned will be notified of Revenue’s intention to raise assessments within a further 10 days.
  • Where taxpayers have failed to reply to Revenue information requests, Revenue will raise assessments based on disallowing all expenses claimed.
  • Where taxpayers previously filed a “Notice of Intention” to make a disclosure, but haven’t subsequently done so, Revenue will withdraw the concessions “set out in (our) letter of January 2013 within 20 days.
  • Ongoing audits which started after 1 January 2014 will progress normally.
  • Taxpayers who cite inability to pay liabilities must first agree their liabilities before any discussion can take place on how they can pay the settlement amounts.

Ironically, today’s letter was unveiled only hours after the UK House of Lords slammed the ongoing campaign by Revenue’s counterparts in the UK, HMRC,  to disallow tax benefits accruing to “personal service companies” through the controversial IR35 legislation in that jurisdiction.

It’s worth noting that no equivalent legislation applies in Ireland and the entire Revenue campaign here has been based, not on the laws of the land, but on Revenue’s own interpretation of the law.

Based on the UK experience, there is no guarantee whatsoever that the Revenue stance will withstand a future challenge in the courts.

If you have concerns about your own position, you should review the implications of the current Revenue contractors project with your accountant or tax advisor, and if necessary, seek independent professional advice, as soon as possible.

The Irish Tax Institute have published the Revenue letter in pdf format here. Otherwise you may access it on this blog, here.


Revenue’s latest letter to Contractors – In Full

April 7, 2014

The following is a transcript of Revenue’s letter of 3 April to the Irish Tax Institute in relation to their ongoing Contractors Project, challenging travel expenses and other overhead cost  claims by owner-managed contractor companies.  The original is here. See also my commentary.

Revenue

 

 

“Office of the Revenue Commissioners

South West Region

Revenue House

Blackpool

Cork, Ireland

 

Cora O’Brien

Irish Taxation Institute

South Block

Longboat Quay

Grand Canal Harbour

Dublin 2

3 April 2014

 

Re: Revenue Contractors Project

Dear Cora

I wish to brief you on developments in the contractors project, which will be of interest to ITI members.

We have reviewed progress on the audits remaining open in Phase I of the project, which relate to some 550 cases. At the outset, it was our intention to progress cases quickly. In the event, there have been delays, largely arising from the focus on travel and subsistence expenses which became central to the project. Requests for clarification of the rules applying to such expenses delayed progress and resulted in the issue of Tax Briefings 3 and 4 of 2013 and in some correspondence and meetings. All general issues of clarification and interpretation were dealt with by the end of 2013, so there is no longer any justifiable reason for delay. Accordingly, it is now appropriate to move towards conclusion of this phase of the project.

It is our intention to conclude Phase I of the project by July 2014. Notwithstanding the extensive clarifications given by Revenue, progress has been disappointing in the first Quarter of 2014, and there is widespread evidence of delay and reluctance to agree settlement on the part of many taxpayers. The project team has therefore been asked to review all open cases, and to proceed as follows:-

  • Where there is material on hands awaiting a Revenue response, responses will issue as a matter of urgency.
  • Cases where there is no evidence of significant liability will be closed.
  • Cases that received an audit notice before 31 December 2013 —

o        where all material issues have been decided but without settlement will be notified of our intention to raise assessments within 10 working days of the issue of the notice in the absence of agreement;

o        where there has been no response to the initial request for information will be notified of intention to raise assessments based on disallowance of all expenses claimed;

o        where intention to make a disclosure was indicated but no qualifying disclosure has yet been made will be notified that the concessions set out in my letter of January 2013 will be withdrawn 20 working days from the issue of the notice, after which full Code of Practice terms will apply.

  • Cases that received an audit letter since 1 January 2014 will be progressed normally, within the terms of the project.

It appears that some taxpayers may be reluctant to agree a settlement due to fear of inability to pay the agreed liability. I would like to emphasise that no discussion on ability to pay can take place until the liability is settled. We remain open however to discussion of timing and methods of payment to ensure there is no undue hardship. In that regard, the Collector-General’s procedures for dealing with difficulty in payment will apply, including verification of inability to pay, and instalment arrangements in appropriate circumstances. Guidelines can be viewed at http://www.revenue.ie under the link “Tax Payment Difficulties”.

Each case will be considered separately. Taxpayers are of course entitled to adequate time in which to respond to Revenue queries, and the letters described above will issue only where the caseworker is satisfied that there is no good reason for the delay experienced. Every effort will be made to arrive at an agreed settlement, but it is unfortunately clear at this stage that there is widespread delay, and this cannot be tolerated indefinitely. Assessments will be raised where necessary, and interest and penalty will apply as appropriate.

Yours Sincerely

 

Anthony Buckley

Assistant Secretary”

If you have concerns about your own position, you should review the implications of the current Revenue contractors project with your accountant or tax advisor, and if necessary, seek independent professional advice, as soon as possible.

 


Contractor Appeals Hit Revenue Tax Project

January 20, 2014

The Sunday Business Post yesterday reported that the Revenue’s ongoing National Contractors Project has run into problems, as increasing numbers of contractors formally challenge Revenue assessments raised against them.

The Revenue investigation was launched last year in response to alleged tax evasion on the part of contractors and professionals working through their own companies in the technology, software and pharmaceutical industries. It started last January in the Munster region and was extended nationwide in Spring 2013.

Appeal Commissioners Revenue Contractors Tax Project

Revenue audits had revealed that some contractor companies were claiming excessive expenses against their tax bills, with claims for motor & travel and associated home office costs in the spotlight.

Revenue then “invited” contractors to make voluntary disclosures of their tax underpayments, including interest and penalties.  A significant number of contractors came forward to do so and it was once speculated that the entire project could yield up to €100m for Revenue.

However Business Editor Ian Kehoe has now revealed that a number of contractors have faced down Revenue, maintaining that their tax affairs and accounts deduction claims are fully in order.

In addition, Dun Laoghaire-based tax consultant Dermot Byrne recounted in yesterday’s paper the case of one contractor who demanded that Revenue raise a tax assessment, in order to enable him to formally challenge the assessment through the Appeal Commissioners, in line with the Revenue Code of Practice for Revenue Audit.  Revenue then backed down and dropped their case against the contractor and his company.

The lesson for contractors is clear: if you feel aggrieved with Revenue’s treatment of you and your business, you can challenge them at the Appeal Commissioners.

It goes without saying that Appeals are only advisable with the benefit of professional advice. Bear in mind the old saying “A man who is his own lawyer has a fool for a client“. But, if you don’t look after and protect your own interests, who will?

Ian Kehoe’s & Dermot Byrne’s articles yesterday can be accessed by purchasing a Sunday Business Post subscription, starting at €2.69 for a single edition.


Revenue Auditing TDs’ & Senators’ Expense Claims

March 21, 2013

RTE News are reporting this evening that a Revenue are currently carrying out a tax audit on the Houses of the Oireachtas.

This is the public body responsible for the payment of expense allowances to TDs and Senators.

Oireachtas Revenue Audit - RTE

Members of the Dáil and Seanad Éireann enjoy expense allowances (technically termed the “Parliamentary Standard Allowance”) that comprise two elements:

  • Travel and Accommodation Allowance. This is based on the distance to Leinster House from the Member’s home, and verified by Leinster House attendance records.
  • Public Representation Allowance. This is  to cover office and other expenses, which can be claimed on a flat-rate unvouched rate of up to €15,000 per annum (nice!) or on a vouched basis up to €25,700 per year (nicer still!)

The Oireachtas.ie website includes a wealth of information on both allowances and the claims made by each lucky recipient.

It will be interesting to see what view Revenue take of the generous expense regime enjoyed by our TD’s and Senators.

Revenue insist that unvouched expense payments to public- and private-sector employees and directors must in all cases be treated as taxable pay, although our leading politicians have traditionally appeared immune from such inconvenience.

Is this about to change?