I am glad of the opportunity to make a statement on behalf of the Government on the allegations in Magill today that the Revenue Commissioners turned a blind eye to tax fraud in relation to DIRT and bogus non-resident accounts. The content of this story is not new. The Minister for Finance gave a detailed reply to a question on this case from Deputy Rabbitte on 28 April.
Since its introduction in 1986 the DIRT system has collected £2.5 billion for the State. It is an important mechanism for revenue collection and it is important that it operates correctly. Financial institutions are required to deduct tax at source from deposit interest earned by individuals tax resident in Ireland. The normal rate of deduction is the standard income tax rate but a lower rate applies in the case of special savings accounts.
Prior to 1986 deposit interest was paid gross in the case of banks — building societies had special arrangements — which were required to notify the Revenue Commissioners where the interest in an account exceeded £50. From 1986 banks and building societies were treated in the same way, deducting tax from the interest paid to residents, and the obligation to notify the Revenue Commissioners of deposit interest was done away with.
DIRT does not apply where the account holder is non-resident and makes a formal declaration to that effect to the financial institution. The law requires that the declaration should contain, inter alia, the name, address and country of tax residence of the person entitled to the deposit interest. The financial institution has a duty under the legislation to satisfy itself that a deposit is not exempt from DIRT before it pays interest gross.
The Magill report that there was a sizeable number of bogus accounts in one or more of the main banks in the late 1980s and early 1990s gives rise to considerable and justifiable concerns. As the Minister pointed out in April, the Government shares these concerns. It is against tax evasion and is determined to ensure it is dealt with as firmly as possible.
The pursuit of tax cases is a matter for the Revenue Commissioners who must deal with these on a confidential basis. On various occasions the Revenue Commissioners have discovered individual cases where false non-residence declarations had been made by individuals for the purpose of evading tax on deposit interest. In all these cases the Revenue Commissioners advise me that they took action as regards the taxpayers involved by recovering any underpaid tax and interest and penalties, as appropriate. The Revenue Commissioners also raised the matter generally with certain institutions concerned in the early 1990s and I am advised were given assurances that steps had been taken to ensure compliance with the legislative requirements. The Central Bank was aware of the matter at the time and of the steps being taken, including those of the Revenue Commissioners, to correct the situation.
Before the initial media reports of historic non-compliance in this area earlier this year the Revenue Commissioners had commenced a review of the position generally. Their work includes an examination of ongoing controls, procedures and liabilities and, where considered necessary, involves an examination of liabilities in past years. The review covers all financial institutions and is well advanced.
The Revenue Commissioners are reported in the Magill article as confirming that the alleged irregularities are being investigated and that they will take all appropriate action. The chairman of the Revenue Commissioners reiterated this on radio today. He indicated that the new information which became available in April and in the Magill article is being taken on board in these investigations and that the Revenue Commissioners are entitled to reopen tax liability for earlier years, as required, in the light of new information.
The pursuit of tax collection is a matter for the Revenue Commissioners who act independently in such issues. The Government does not and has not got involved in the Revenue Commissioners' action in this matter. The role of the Minister is to ensure the Revenue Commissioners have the resources to act in these matters and the necessary powers.
The Minister has asked the Revenue Commissioners and his Department to look at whether new powers are needed for the Revenue Commissioners in tackling tax evasion. This review is wide-ranging and includes the question of the extent of the Revenue Commissioners' access to bank accounts. As is the case in other countries, the Revenue Commissioners do not have unfettered access to bank accounts. This question raises the issue of where the balance should be struck.
The powers available to the Revenue Commissioners in relation to tax evasion were last added to significantly in 1992. These new powers included provision of third party returns to the Revenue Commissioners on an automatic basis; reporting by domestic institutions which act as intermediaries in the opening of foreign bank accounts by Irish residents; provision of information on dealings by related parties such as suppliers; extended inspection powers in relation to certain tax records and accounts, and attachment of amounts owed by third parties to a defaulting taxpayer. These were added to further in 1993 and 1995 when reporting arrangements and other duties were imposed on certain company advisers. The outcome of the latest review of the Revenue Commissioners' powers will be examined in light of the report of the Moriarty tribunal so that whatever measures are considered necessary in this area can be taken.
On the question of bank regulation, in response to public concerns raised in connection with allegations about certain activities of particular banks, the Minister for Finance established a working group with a mandate to investigate the law and practice governing the provision of financial services in Ireland and the impact this has on consumers. During the working group's deliberations, which are ongoing, the question of a single regulator for the financial services sector emerged. This issue is under examination. This involves consideration of such issues as status, structure and functions. It is anticipated that the Tánaiste and the Minister for Finance will jointly submit a memorandum on the subject for consideration by the Government in the near future. At that stage the Government will decide how to take this matter forward. The issue of legislation will only be decided upon when the Government has made a substantive decision regarding the proposal to establish a single regulator.